Can a dealership add products I didn't agree to?
No. A dealership cannot add products to your contract without your informed consent. Adding paint protection, gap insurance, extended warranties, service contracts, or other products without your knowledge or agreement is a deceptive practice under FDUTPA and may entitle you to a refund of those charges plus attorney's fees.
This practice — sometimes called "packing" — involves adding products to the finance contract that the buyer never agreed to, or that were presented as mandatory when they are actually optional. It often happens in the finance office, where the buyer is presented with a stack of documents to sign quickly and may not notice the additional line items.
Common add-on products that are sometimes packed into contracts include: GAP insurance (which covers the difference between what you owe and what the car is worth if it is totaled), extended service contracts, paint and fabric protection packages, tire and wheel protection, credit life insurance, and GPS tracking devices. All of these are optional products that require your affirmative consent.
Under § 501.976 of the Florida Statutes, it is unlawful for a dealer to include in a sales contract any item the buyer did not specifically agree to purchase. The statute requires that all items be itemized and that the buyer's consent be obtained for each one. A dealer who adds products without consent has violated this provision, which is a per se FDUTPA violation.
If you discover that products were added to your contract without your consent, you may be entitled to a refund of those charges. If the products were financed, you may also be entitled to a refund of the finance charges attributable to those items. And under FDUTPA's fee-shifting provision, the dealer may be required to pay your attorney's fees if you prevail.
To identify packed products, compare your buyer's order (the document you signed at the sales desk) with your retail installment contract (the document you signed in the finance office). Any items that appear in the finance contract but not in the buyer's order — or that you do not remember agreeing to — are worth investigating. An attorney can help you evaluate whether those charges were properly disclosed and consented to.