Auto repair chain owners file defamation suits after TV report

Tire Works owners say auto expert’s comments, Web posting hurt business

Published Wednesday, May 13, 2009 | 1:55 a.m.

Updated Wednesday, May 13, 2009 | 12:22 p.m.

The owners of the Tire Works auto repair chain have filed a pair of defamation lawsuits over comments about the company that it says were broadcast by a Las Vegas television station or published on its Web site.

Morpheus Investment Inc., owner of Tire Works Total Car Care, filed one of the suits Monday against a College of Southern Nevada automotive technology expert who participated in an investigation of Tire Works.

That investigation, along with consumer complaints, resulted in a lawsuit filed by the state attorney general accusing the company of deceptive sales practices and seeking to put Tire Works out of business. The company this week filed court papers denying those allegations -- along with a counterclaim alleging wrongdoing by the state and seeking more than $20,000 in damages from the state.

In the defamation lawsuit, Tire Works noted Robin Roques, director of the automotive technology department at CSN, worked on the investigation with television station KTNV and the state Division of Consumer Affairs. After inspecting a vehicle, he took it to several Tire Works locations to have it checked for problems.

Roques, according to the Clark County District Court lawsuit filed by Tire Works, told KTNV that Tire Works' recommendation of services to be performed on the vehicle amounted to "fraud.''

"It's fraud, OK. They're selling stuff that is unneeded services and they're just taking money from the public and giving the auto repair industry a bad name,'' Roques told the TV station, according to the lawsuit.

Tire Works complained in its suit that Roques "profited from his false and defamatory statement, having been paid by the division and/or KTNV-TV outlet for his statement.''

Tire Works charged that Roques' comment was intended to interfere with its business operations and that it has lost significant revenue as a result of his statement.

Roques could not immediately be reached for comment Tuesday.

KTNV is not a defendant in either suit.

In the second suit, Tire Works owners Roshie Weightman and Jeff Weightman say they were defamed when someone named "Jacob'' posted a comment on the KTNV Web site about one of the station's stories about their business.

The Weightmans said in their lawsuit that Jacob, who has not been identified but purported to be a former employee, posted false comments including: "The owners of the company Roshie and Jeff Weightman are ... drug abusers. I know for a fact Jeff Weightman is known to partake in cocaine. ... Also, upon quitting, they stole my toolbox full of tools and kept my last check.''

The Tire Works owners charged these comments are false, were intended to interfere with its business, cost the company one substantial customer that would regularly spend more than $100,000 with their business and caused developers and banks to stop working with the Weightmans on plans for four additional auto repair locations.

The Weightmans said KTNV requires people commenting on stories on its Web site to register, but claim KTNV has refused to identify Jacob. The Weightmans' attorneys, who are with the firm Gordon Silver, said they intend to subpoena KTNV for that information.

The state's lawsuit against Tire Works is pending in Clark County District Court.

When the suit was filed, Roshie Weightman told KTNV in a statement: "Our company will be happy to address any concerns the AG's office may have, and we are confident that our business practices are fully in alignment with our business philosophy to treat our customers with the utmost respect and to assist them in getting the highest performance and longest life out of their vehicles."

The state lawsuit, based on both the sting investigation and consumer complaints that had been filed with the state, accused Tire Works of wrongdoing at 11 of its 13 locations. Tire Works was accused of:

• Misrepresenting a connection or association with a national automotive repair chain

• Misrepresenting that parts and services were of a particular standard, quality, or grade when they were not

• Advertising goods or services with the intent not to sell them as advertised

• Making false or misleading statements of fact concerning the price of goods for sale

• Fraudulently altering a written statement of charges or other document in connection with the sale of goods and services

• Making false representations in sales transactions

• Stating that services, replacement parts or repairs were needed when they were not

• Failing to make delivery of goods or services within a reasonable time or to provide refunds

• Failing to restore payments made for transactions subsequently rescinded

• Failing to disclose material facts in connection with a sale

• Failing to make repairs in accordance with manufacturer specifications

• Failing to deliver all parts and accessories replaced

• Improperly detaining a motor vehicle to enforce payment

• Adding charges to customer invoices for services that were not authorized or obtained

• Engaging in false and deceptive advertising

• Failing to register with the DMV for authorization to operate a garage

• Failing to post a bond with the DMV

In a Monday court filing, Tire Works disputed the state's claims. Tire Works said the state bases the majority of its case on 23 consumer complaints.

"It is astonishing that the Division (of Consumer Affairs) did not disclose or discover that many of the 23 complaints on file with the Division have been resolved by the Division in Tire Works' favor following the Division's investigation and adjudication process,'' Tire Works said in its response. "Some of these same complaints were subsequently adjudicated in the Nevada judicial system, with Tire Works prevailing on all but one.''

Tire Works also complained about the involvement of KTNV in the state's investigation.

"The Division partnered with Channel 13, a media outlet that sells its ad time, in conducting its official investigation of Tire Works, and permitted Channel 13 to run video from the hidden camera investigation in its story aired to the public at large, even though the investigation was undertaken by the Division in its official and statutory investigatory capacity, which should include the right to due process by all parties involved, and should include the ethical duty to conduct official investigations with the decency and decorum that a state agency should exhibit,'' Tire Works said.

"The Division violated those rules by permitting a news channel to submit to the public evidence that the Division utilized as a basis for the underlying Complaint, which evidences the Division's true desire to punish Tire Works in the court of public opinion well before Tire Works can defend itself in a court of law and equity,'' the company charged.

Tire Works said that with its investigation and lawsuit seeking to put Tire Works out of business, the state has harmed the company's business prospects and Tire Works is now seeking more than $20,000 in exemplary and punitive damages from the state.

"The wrongful acts by the Division have caused serious and substantial harm to Tire Works, such that any prospective business advantage that Tire Works anticipated has now been lost,'' the company charged in its counterclaim.

Discussion: 14 comments so far…

By its2hot

5/13/09 at 5:16 a.m.

Suggest removal

Look at Les Schwab tire business approach, it does work.
By rooski27

5/13/09 at 6:11 a.m.

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Les Schwab does work, but who is going to drive to Fallon for a car repair.....
By LasVegas2009

5/13/09 at 8:42 a.m.

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From what I understand they also are not paying the employees of the business. They have the labor board coming after them next for not paying employees.

If your gonna run a scam business where you steal from your customers at least pay your thieves!
By bdover

5/13/09 at 8:48 a.m.

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I've had so many bad experiences with repair places in this town that I'm not surprised at all with the allegations against Tire Works. While I haven't actually been to Tire Works, I know that similar places pick on females and minorities to perform work that is totally unnecessary. One time, I took my old Lexus for a brake job to a place that told me I needed to replace my cabin air filter. When I told Jose that I had just changed it out 3 weeks previous, he said "OK, no problem". But the problem was that 6 months later, I found out that the filter was missing.

Dealers are no better-My ex-girlfriend went to a dealer for a free oil change, and was told that she needed immediate maintenance on her Saturn. $500 bucks worth. When I confronted the peddler about the urgency, he admitted that it wasn't needed "at this time." And God help us when we talk about oil change places. The worst....
By davidwayneosedach

5/13/09 at 9:34 a.m.

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Whether these allegations and counter allegations are fraud or not I would not take my car there to be serviced. Period.
By AngryReader

5/13/09 at 11:07 a.m.

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Repair scams in this valley are about the same as the number of hit and run accidents. Lots.

I have had good luck with the Ted Weins guys though.

Also, extended warranty deals on new cars have paid off for me, because the delaers are scamming the warranty place instead of me.
By Mike123

5/13/09 at 5:21 p.m.

Suggest removal

Wow, this report really put the screws to these guys. I wouldn't be surprised if it's right-I can only imagine how much of this goes on in the auto repair biz.

There is a really, really good place that I found just East of Bermuda & Silverado. I'll have to dig up their card.
By azsk8fan

5/14/09 at 10:01 a.m.

Suggest removal

Both Planet Hyundai and Ted Weins told me the whole AC unit in my Hyundai needed to be replaced at 62,000. I took it to Henderson Hyundai and they found that the new belts I had recently had installed at Perfect Auto (before I knew about THEIR bad rep.) had the AC belt placed on wrong - when Henderson Hyundai removed the belt and replaced it correctly my AC worked just fine - I drove all summer with no air because of a stupid mistake in putting a belt on wrong - and thank goodness I didn't listen to eiher Planet Hyundai OR Ted Weins, both of whom tried to milk me for a new AC unit that I never needed. If I ever bought another Hyundai (which I doubt) I would go to Henderson Hyundai but nowhere else.
By RickHLV

5/14/09 at 2:17 p.m.

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Be careful of what you write in response to this story, they may try to go after you next. As is my constitutionally granted right, I will only express my opinion herein. My opinion is that Roshie Weightman is NOT a very nice person, and Karma will always prevail in the end. There are many articles available on the internet regarding the Tire Works Total Car Care situation, may I simply suggest you read them prior to taking your vehicle to them for any kind of service or tire purchase.
By Babyboomer

5/14/09 at 4:58 p.m.

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I learned my lesson many many years ago. I take my car back only to the dealer.They have your history and you have a major corporation behind you if you need to take this further.I know...I'm had several situations in the past and it works.Its like heart surgery....get a 2nd opinion.
By lp

5/14/09 at 11:50 p.m.

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I did go to tire works, my car was maliciously damaged. I will be posting a website blog about my experience. Tire works needs to be punished for the damage they have caused people.
By madmax

5/17/09 at 12:29 p.m.

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I took my suv to Tire Works 4700 craig road on 5/9/09 and they still have it today 5/17/09. I was told that a switch was replaced, a relay was jerry rigged and the termistor was not working and they did not get the part they ordered last week. I am tired of being lied to and deceived by this person. The air conditioner stopped working, this should not be a drawn out project. If you can't fix it then fessup and I'll go else where, but I am past sick and tired of being fed this obvious BS.Tomorrow 5/18/09 I will go and get my suv. I hope there is no confrontation with this manager, but I have had it with these incompetent dishonest,condesending $@#&*&@#'s. I feel like I've been Carjacked by a Tire Works employee. GRRRRRRR!!!!
By monstirz

9/29/09 at 10:58 a.m.

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I have worked for Tire Works since April of 2009. My intent as an employee is to serve the customer as best as possible and repair their cars exactly as needed.I have seen gross neglect on customers cars because they never inspect their vehicles or do not understand what is involved in service maintainence. We provide inspections during oil changes for this reason. We never want to take advantage of anyone but look for possible problems that could cost the customer down the road by failing to repair critical and non critical situations.Just yesterday we did a evacuate and re charge on an A/C system and we topped off the coolant 1/2 gallon at no charge to the customer. We are ever vigilent in serving our customers this way and also do inspections to protect ourselves from false allegations that we created the problem.We use and pay for Data Information that gives us the most up to date info on all cars and trucks to be able to serve the public. We also work 6 days a week 11 hours a day.Occasionally we make mistakes however we try to avoid that at every turn.I personally own new data computers that easily diagnose problems found in the 96 and newer cars.I have worked in automotive repair for 34 years now and am finding that certain makes of cars are trying to corner the repair market by only being able to repair the big ticket items at their dealerships. This is becoming ever present in the auto repair industry because of the market gains involved.It is my job to help people save money on their car repairs over these facilities and that is why I work at Tire Works.