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fraud is usually more about misrepresenting something and selling it. I know he's gaining something... but let's look at it the other way.
you have a legit claim and dealer denies it and won't repair. you can't file criminal charges. you file a civil suit. it's sort of the same reason they don't have debters prison anymore. you don't go to jail for filing bankruptcy even if you agreed to pay money and whatnot. filing for bankruptcy isn't a crime.
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