OFFICE OF THE ATTORNEY GENERAL

STATE OF FLORIDA
DEPARTMENT OF LEGAL AFFAIRS

CONSUMER PROTECTION
SUBPOENA DUCES TECUM

IN THE INVESTIGATION OF: Vehicle Lease Buyouts

AG CASE NO: L22-3-1538
TO: VW Credit Leasing, Ltd.
c/o Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301-2525

THIS INVESTIGATIVE SUBPOENA DUCES TECUM is issued

pursuant to the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part
II, Florida Statutes, in the course and authority of an official investigation. Your
attention is directed to Sections 501.204, and 501.206, Florida Statutes, printed and
attached hereto.
YOU ARE HEREBY COMMANDED to produce all documentary material
and other tangible evidence as described herein, that is in your possession, custody,
or control, or in the possession, custody, or control of your agents or employees, and
to make it available for inspection and copying or reproduction before Assistant
Attorney General Carina Bergal and/or Assistant Attorney General Michelle
Kramer and/or other Assistant Attorney(s) General on November 21, 2022 at 9:00
a.m. at the following location:

OFFICE OF THE ATTORNEY GENERAL

CONSUMER PROTECTION DIVISION
110 SE 6th STREET, 10TH FLOOR
FORT LAUDERDALE, FL 33301

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F.S. 2022 CONSUMER PROTECTION Ch. 501

501.204 Unlawful acts and practices.— her representative to examine the matter at
(1) Unfair methods of competition, the place where it is located. The enforcing
unconscionable acts or practices, and unfair authority may designate representatives,
or deceptive acts or practices in the conduct including officials of the state in which the
of any trade or commerce are hereby declared matter is located, to inspect the matter on his
unlawful. or her behalf, and he or she may respond to
(2) It is the intent of the Legislature that, in similar requests from officials of other states.
construing subsection (1), due consideration (3) Upon failure of a person without lawful
and great weight shall be given to the excuse to obey a subpoena and upon
interpretations of the Federal Trade reasonable notice to all persons affected, the
Commission and the federal courts relating to enforcing authority may apply to the circuit
s. 5(a)(1) of the Federal Trade Commission court for an order compelling compliance.
Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2017. (4) The enforcing authority may request
that an individual who refuses to comply with
a subpoena on the ground that testimony or
matter may incriminate him or her be ordered
501.206 Investigative powers of by the court to provide the testimony or
enforcing authority.— matter. Except in a prosecution for perjury,
(1) If, by his or her own inquiry or as a an individual who complies with a court
result of complaints, the enforcing authority order to provide testimony or matter after
has reason to believe that a person has asserting a privilege against self-
engaged in, or is engaging in, an act or incrimination to which he or she is entitled by
practice that violates this part, he or she may law shall not have the testimony or matter so
administer oaths and affirmations, subpoena provided, or evidence derived therefrom,
witnesses or matter, and collect evidence. received against him or her in any criminal
Within 5 days, excluding weekends and legal investigation or proceeding.
holidays, after the service of a subpoena or at (5) Any person upon whom a subpoena is
any time before the return date specified served pursuant to this section shall comply
therein, whichever is longer, the party served with the terms thereof unless otherwise
may file in the circuit court in the county in provided by order of the court. Any person
which he or she resides or in which he or she who fails to appear with the intent to avoid,
transacts business and serve upon the evade, or prevent compliance in whole or in
enforcing authority a petition for an order part with any investigation under this part or
modifying or setting aside the subpoena. The who removes from any place, conceals,
petitioner may raise any objection or withholds, mutilates, alters, or destroys, or by
privilege which would be available under this any other means falsifies any documentary
chapter or upon service of such subpoena in material in the possession, custody, or control
a civil action. The subpoena shall inform the of any person subject to any such subpoena,
party served of his or her rights under this or knowingly conceals any relevant
subsection. information with the intent to avoid, evade,
(2) If matter that the enforcing authority or prevent compliance shall be liable for a
seeks to obtain by subpoena is located outside civil penalty of not more than $5,000,
the state, the person subpoenaed may make it reasonable attorney’s fees, and costs.
available to the enforcing authority or his or

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 ADDENDUM

Definitions
A. “Company” or “companies” as used herein means the addressee/recipients of this
subpoena, their parents, branches, departments, divisions, affiliates, subsidiaries,
retail outlets, stores, franchises, successors, or predecessors, whether wholly
owned or not, including, without limitation, any organization or entity in which
said addressees have a management or controlling interest, together with all
present and former officers, directors, agents, employees, sales people, brokers,
representatives or anyone else acting or purporting to act, on behalf of the above-
identified persons or entities, or through which VW Credit Leasing, Ltd. may have
conducted business. The term “you” and “your” shall be synonymous with VW
Credit Leasing, Ltd.

B. “Buyout Funds” means all fees and charges associated with exercising a motor
vehicle purchase option, including but not limited to, those enumerated by
specific name and amount in a motor vehicle lease agreement and Excess Fees
(as defined herein).
C. “Document” or “documents” as used herein shall include all paper records and
all electronically stored information, including the original and any non-identical
copy (whether different from the original because of notations on such copy or
otherwise, and including all draft versions of the original), of any written,
recorded, or graphic matter, however produced or reproduced, including, but not
limited to, all correspondence, communications (as defined below in Paragraph
E), web pages, social media communications, photographs, contracts (including
drafts, proposals, and any and all exhibits thereto), drafts, minutes and agendas,
memoranda (including inter and intra-office memoranda, memoranda for file,
pencil jottings, diary entries, desk calendar entries, reported recollections, and
any other written form of notation of events or intentions), transcripts and
recordings of conversations and telephone calls, audio and video media files,
books of account, ledgers, publications, professional journals, invoices, financial
statements, purchase orders, receipts, canceled checks and all other paper or
electronic documentary material of any nature whatsoever, together with any
attachments thereto or enclosures therewith.
D. The term “Excess Fees” includes “Certification Fee,” “Dealer Fee,” “Dealer
Service Fee,” “Administrative Fee,” “Electronic Funds Filing Fee,” “Service
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 Charge,” “Pre-Delivery Surcharge,” “Registration Filing Fee,”
“Title/Registration Fee,” “Inspection Fee,” “Lease Buyout Option Fee,”
“Requirement for Inspection” and related fees, fees for purchase of extended
warranty and/or additional aftermarket products and any other required fee or
charge associated with the “Buyout Funds” and not specifically identified by
name and amount in the motor vehicle lease agreement.

E. The term “any” shall be construed as synonymous with “all” and shall be all
inclusive.
F. The connectives “and” and “or” shall be construed either disjunctively or
conjunctively, whichever makes the request more inclusive.

G. “Communication” or “communications” means any act, action, oral speech,

written correspondence, contact, expression of words, thoughts, or ideas, or
transmission or exchange of data or other information to another person, whether
orally, person to person, in a group, by telephone, letter, personal delivery,
intercom, fax, e-mail, text message, social media, or any other process, electric,
electronic or otherwise in any medium. All such communications in writing shall
include, without limitation, printed, typed, handwritten, or other readable
documents.
H. “Person” means any individual and all entities, and, without limiting the
generality of the foregoing, includes natural persons, employees, contractors,
agents, consultants, vendors, telemarketers, consumers, customers, officers,
directors, successors, assigns, joint owners, associations, partnerships,
companies, joint ventures, corporations, affiliates, trusts, trustees, escrow agents
and estates, and all groups or associations of persons.

I. “Related to” or “relating to” means in whole or in part constituting, containing,

concerning, embodying, reflecting, discussing, describing, analyzing,
identifying, stating, referring to, setting forth, dealing with, or in any way
pertaining to.

Instructions

J. This Subpoena is for the production of all responsive documents and information
in your possession, custody or control regardless of whether such documents or
information is possessed directly by you or your directors, officers, agents,
employees, representatives, subsidiaries, managing agents, affiliates,
investigators, or by your attorneys or their agents, employees, representatives, or
investigators.

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K. Unless otherwise specified, original documents must be produced, and the
originals of electronic files must be produced in accordance with paragraph P
herein. If your “original” is a photocopy, then the photocopy would be and should
be produced as the original. Said copy shall be legible and bound or stapled in
the same manner as the original.

L. The documents to be produced pursuant to each request should be segregated and

specifically identified to indicate clearly the particular numbered request to which
they are responsive.

M. If any responsive document or information cannot be produced in full, you are to

produce it to the extent possible, indicating which document, or portion of that
document, is being withheld, and the reason that document is being withheld.

N. If a document once existed and has subsequently been lost, destroyed, or is

otherwise missing, please provide sufficient information to identify the document
and state the details concerning its loss or destruction.

O. Documents not otherwise responsive to this Subpoena shall be produced if such

documents mention, discuss, refer to, or explain the documents that are called for
by this Subpoena, or if such documents are attached to documents called for by
this Subpoena and constitute routing slips, transmittal memoranda, or letters,
comments, evaluations, or similar materials.

P. If you do not possess, control, or have custody of any documents responsive to

any numbered request set forth below, state this fact by so specifying in your
response to said request.
Q. The use of the singular form of a word includes the plural and vice versa. In
addition, the use of any tense of any verb includes all other tenses of the verb.

R. Electronically Stored Information (ESI) is to be produced in the form in which

it is ordinarily maintained. For example, native files would include email,
spreadsheets and word processing files. Responsive documents that exist in
electronic format shall be provided in native format (e.g., Microsoft Word files
(.doc) or Outlook (.pst), emails, spreadsheets and word processing documents)
with standard metadata intact, as outlined below. Prior to any production of
responsive data from a structured database (e.g., Oracle, SAP, SQL, MySQL,
QuickBooks, etc.), the producing party shall first provide the database dictionary
and a list of all reports that can be generated from the structured database. The
list of reports shall be provided in native Excel (.xls) format. The database format
will be requested for production after both parties agree on the format. Please
include sufficient identification of the applicable software program to permit
access to, and use of, each document. All attachments must be linked to their
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 electronic documents. Native files should be provided in directories which are
identifiable as responsive to a specific document request. All documents
produced in native form should be produced on CDROM, DVDROM, External
USB, or other similar drive media of a type that can be read by any standard
computer. Unless otherwise agreed to, standard metadata in electronically stored
information shall be preserved and produced, such as: Custodian, To, From, CC,
BCC, Dates and Times (Sent, Received and Modified), Attachments, Links and
Document types. A more complete list can be provided upon request. Questions
regarding electronic production should be directed to the Assistant Attorney
General whose name appears on this Subpoena. Arrangements will be made for
the communication with the appropriate in-house technical expert.

S. If you claim the attorney-client privilege, work-product privilege, or any other

privilege, for any document, provide a detailed privilege log that contains at least
the following information for each document that you have withheld:
1) The name of each author, writer, sender or initiator of such document or thing,
if any;
2) The name of each recipient, addressee or party for whom such document or
thing was intended, if any;
3) The date of such document, if any, or an estimate thereof so indicated if no
date appears on the document;
4) The general subject-matter as described on such document; if no such
description appears, then such other description sufficient to identify said
document; and,
5) The claimed grounds for withholding the document, including, but not limited
to, the nature of any claimed privilege and grounds in support thereof.
T. TRADE SECRET PROTECTION. In the event you seek to assert trade secret
protection under Florida Statutes section 119.0715, or other applicable Florida
Statutes, for each document for which trade secret protection is claimed:

1) Provide prior to, or simultaneous with, production of the document at issue,

a sworn affidavit from a person with knowledge as to the basis for the trade
secret claim, which complies with the following requirements:
a. The affidavit should specify the bates range of the
claimed trade secret documents at issue, generally describe the
documents at issue, and provide evidence of the application of
the trade secret exemption.
b. The affidavit should attach a certification (similar in form
to a traditional privilege log) that identifies the following

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 information for each separate claimed trade secret document: (i)
the bates range of the document; (ii) a description of the
document sufficient to determine the application of the trade
secret exemption; and (iii) the specific element(s) or
provision(s) of section 688.002 that render the document at
issue a trade secret exempted from public records.
2) Segregate and separately label the documents claimed as trade secrets as
follows:
a. Documents produced electronically should be produced
on separate CD or electronic media clearly labeled “Trade
Secret” on the physical media as well in the title of the
electronic folder or file;
b. Documents produced in hard copy should be separated
and each clearly labeled “Trade Secret.”
3) Any challenge to the application of the trade secret exemption shall be
rebutted, if at all, only by you and not by the Office of the Attorney General,
whose involvement shall be limited solely to providing notice to you of any
challenge to your claim of trade secret protection. To the extent you seek to
assert a trade secret exemption in connection with a public records request to
the Office of the Attorney General, you shall be obligated to seek an
appropriate protective order or otherwise establish the applicability of the
trade secret claim and exemption. Failure to do so shall render the
documents subject to production under any applicable public records
requirements and not protected by a trade secret claim.
U. All document destruction or retention policies and practices and electronic file
deletion or disk management policies and practices (including, but not limited to,
reformatting practices) that could have the effect of altering or deleting
information requested by this Subpoena should be suspended.

1) Because electronically stored information is an important and irreplaceable

source of evidence, you must take appropriate steps to preserve all potentially
relevant documents within your control or [practical ability to access], which
includes, but is not limited to, preserving information from computer systems,
removable or portable electronic media (like CDs/DVDs, USB drives), e-mail,
text/instant messaging, “tweets” and other electronic correspondence at work
and other locations, word processing documents, spreadsheets, databases,
calendars, telephone logs, cell phones, voicemail, blogs, social media, internet
usage files, website data, personal computers/laptops, personal data assistants

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 (PDAs), servers, and archives/backup files, as well as other tangible
documentation that will be relevant to the discovery of admissible evidence in
this matter, so as to avoid any potential claims for spoliation of evidence. This
request pertains not only to documents that are directly responsive to this
Subpoena, but to all other documents that relate to the subject of our
investigation as well.
2) Preservation of electronic data in its native format is essential, as a paper printout
of text contained in a computer file does not completely reflect all information
contained within an electronic file. Additionally, due to its format, electronic
evidence can be easily altered, deleted, corrupted or otherwise
modified. Accordingly, you are required to take every reasonable step to
preserve this information until the resolution of this matter. This includes, but
is not limited to, the following obligations:
a) Discontinue all data destruction and overwriting/recycling processes of
relevant data;
b) Preserve passwords, decryption procedures (and accompanying
software), access codes, ID codes, etc.; and
c) Maintain all pertinent information and tools needed to access, review
and reconstruct all requested or potentially relevant electronic data.
3) Your obligations under the law are ongoing and should be considered in force
and effect until the resolution of this matter. Accordingly, with regard to
electronic data and documents that are created subsequent to the date of this
Subpoena, relevant evidence is not to be destroyed or overwritten and you
should take whatever steps are necessary to avoid destruction of potentially-
relevant evidence.

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 WHEREFORE YOU ARE HEREBY COMMANDED TO PRODUCE:

Unless otherwise noted, the time period applicable to the following requests is
from November 7, 2018, through the date of your response.

1) Exemplar copies of each form agreement used for consumer motor vehicle
leases in Florida during the relevant time period, including forms that reflect any and
all revisions, amendments and iterations to lease terms, definitions, provisions,
disclosures or other information.

2) Documents sufficient to show the policies, guidelines, requirements,

standards and parameters for vehicle purchase option rates, including the residual
value and purchase option fee.

3) Documents sufficient to show any and all disclosure(s) or other notice(s) to

Florida lessees of any and all Excess Fees related to the purchase of a vehicle at the
end of or prior to the end of a lease term, to include disclosure(s) or other notice(s)
to Florida lessees as to the circumstances under which such Excess Fees will be due
and owing.

4) Documents sufficient to show the policies, guidelines, requirements,

standards and parameters regarding VW Credit Leasing, Ltd.’s receipt of Buyout
Funds.

5) Any and all documents, account records, and policies and procedures that
reflect the payment, assignment and/or disbursement of Buyout Funds.

6) Exemplar copies of any and all contracts, agreements, communications and

correspondence between you and any Florida Volkswagen dealership regarding the
imposition of Excess Fees, including any documents that reflect a specific
accounting of same.

7) To the extent not produced in response to the requested items above, exemplar
copies of any and all documents, policies and procedures regarding the imposition
of Excess Fees on Florida lessees.

8) To the extent not produced in response to the requested items above, policies
and procedures relating to Buyout Funds and/or fee arrangements with Volkswagen
dealerships.

9) An organizational chart or documents that identify the functional and

reporting structure of those individuals with the authority to amend and/or establish

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policies and procedures governing motor vehicle lease buyouts for the Company,
including for each person the respective title(s), area(s) of responsibility,
identification of each person who is an owner, officer, or manager, and the
percentage of ownership held.

10) Copies of all complaints, inquiries, customer comments, or refund requests by

Florida lessees received by the Company from November 7, 2020, through the date
of your response to this Subpoena relating to Buyout Funds, Excess Fees, buyout
conditions, buyout prices, and any other related charges, including any corrective
action taken in response.

11) A list of all active and/or pending litigation with Florida lessees regarding
Buyout Funds, including any settlements or arbitrations related thereto, from
November 7, 2020, through the date of your response.

12) Account records for Florida lessees who exercised their vehicle purchase
option, including line item breakdowns of all charges and fees, from November 7,
2020, through the date of your response.

13) Exemplar copies of each communication, script, marketing material, policy,

talking point, or other information provided to Company employees regarding
vehicle purchase options and buyouts.

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