A government watchdog agency is alleging that Bill Heard Enterprises has participated in deceptive and misleading business practices including falsifying documents to lenders and charging Georgia customers for parts not installed on the cars.
The company, through an Atlanta public relations person, denied all the allegations by the Governor's Office of Consumer Affairs filed in Fulton County Friday.
The court filing stems from two lawsuits filed in the Atlanta court last year.
Bill Heard Enterprises, which has five Georgia dealerships including the flagship store in Columbus, filed a lawsuit against the Office of Consumer Affairs in May 2007 under the Georgia Open Records Act seeking the names of individuals and dealerships who had filed complaints against Bill Heard. The state then filed a countersuit in July 2007 claiming the company had used misleading advertising resembling a vehicle recall notice. That flier violated the Georgia Fair Business Practices Act of 1975, according to the state.
Friday's filing comes as Bill Heard Enterprises is battling a significant financial issues. GMAC has discontinued credit for new car inventory to some of the company's 14 dealerships spread from Arizona to Florida, the company confirmed to the Ledger-Enquirer on Monday. The company has declined to say which or how many of the dealerships are affected by the GMAC decision.
Bill Heard's Georgia dealerships remain open and are conducting business.
The company has been working to secure credit for new-car inventory since late last week.
The lawsuit by the Office of Consumer Affairs is a separate matter from the company's financial issues.
Last week, attorneys in the Office of Consumer Affairs believed they were close to reaching a settlement with Bill Heard Enterprises that would include penalties, fines and an injunction barring questionable business practices in the future, Consumer Affairs Director of Administration and External Affairs William D. Cloud said Wednesday. It was the second time the parties were near a settlement in the more than two-year investigation, Cloud said.
"Two years ago, we had an agreement and they walked away from it," Cloud said. "We had another agreement and they walked away in the last few days."
The company's response came from Alan Ulman, an independent public relations person who has worked with Bill Heard Enterprises in the past, Wednesday afternoon.
"We have consistently stated that we have policies and procedures in place that require and enable legal, ethical and fair business practices including advertising and finance," the release stated. "We deny the allegations, will continue to work constructively with the Office of Consumer Affairs, and will address their specific questions directly with them."
The company said it has been successful because of repeat business.
"Bill Heard Enterprises is among the most successful businesses of its kind in the industry, the country, and the State of Georgia. Over our more than four decades in business our customer base has historically grown, been overwhelmingly loyal and satisfied, and has returned to do repeat business with us in large numbers," the Heard Enterprises statement read.
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