The proprietor of a Tucson auto repair shop has agreed to relinquish ownership and management of the store following an Arizona Attorney General’s Office consumer fraud investigation.
In a consent judgment filed in Pima County Superior Court, Neal Werstler agreed to end his ownership of Meineke Econo Lube N’ Tune at 3661 E. Speedway following the investigation that accused the shop of charging an undercover investigator for work that wasn’t done.
Werstler declined to comment on the lawsuit and settlement when reached by phone on Friday.
In a civil complaint filed July 23, Deputy Assistant Attorney General Cherie L. Howe described how an undercover investigator took a car to the Meineke Econo Lube N’ Tune after the air conditioner had been intentionally disabled.
State investigators had an auto technician first verify the car’s air conditioner was operational, then disconnect the compressor clutch quick connector, rendering the air conditioner unable to blow cold air.
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While simply re-engaging the part would have fixed the car’s air conditioning unit, the complaint said Werstler told the undercover investigator the compressor was blown and needed replacing.
The quoted cost of the repair was $963, which the investigator paid after assurances the repairs were completed.
The investigator asked to have the old part returned but was told it had already been taken to an off-site location to be rebuilt.
After paying the full amount, the car was taken back to the auto technician who originally disabled the air conditioner for an inspection of the work the shop had allegedly completed.
The inspection found that the original compressor unit remained on the car, and the disabled part had been reconnected using a silicone adhesive.
Nick LaFleur of the Better Business Bureau of Southern Arizona said the organization hears frequent complaints about auto repair shops.
“It’s an industry that gets a lot of complaints because a lot of times how cars work and how much repairs cost is a mystery to people,” LaFleur said.
Over the past three years, auto shops were the second-most complained about businesses with the Better Business Bureau. New car dealerships received the most complaints.
LaFleur said most auto-repair shops in the community are honest and many have high ratings with the BBB, but said consumers should still be vigilant and do their research before choosing.
“There is that opportunity for unscrupulous auto repair shops to take advantage,” he said.
In an emailed statement, a representative from Driven Brands, the North Carolina-based parent company of Meineke, said the company was unaware of the Attorney General’s Office investigation.
“Meineke takes any allegation that its franchisees are acting in a manner that is inconsistent with our brand standards very seriously. We are conducting our own investigation and will remedy the situation in a manner that is consistent with our brand standards developed over the past forty years,” the statement read.
The Driven Brands statement also noted that franchisees independently own and operate each store under a licensing agreement to use the Meineke trademark.
The settlement agreement Werstler signed with the Attorney General’s Office doesn’t require admitting to violations of state laws or regulations.
A provision of the agreement requires Werstler to relinquish ownership of the shop within 90 days from the time the agreement gets approval from the judge.
It also requires the defendant not “own, operate, or manage any business in the State of Arizona that provides maintenance or repair services for automobiles.”
The agreement does require Werstler to pay $10,000 in civil penalties and $8,500 in attorneys’ fees. The fines and fees will go to the Attorney General’s Office consumer protection-consumer fraud fund.
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