A former car dealership in south Wichita was held responsible for failing to provide car titles in a timely manner for eight customers.
According to District Attorney Marc Bennett, Family First Auto, LLC, which used to be near Broadway and Mt. Vernon, did not provide the title within 60 days of purchase. Instead, Bennett alleged the dealership issued additional 60-day temporary registration permits in violation of Kansas law.
The court found the dealership violated the Kansas Consumer Protection Act (KCPA) and ordered Family First Auto to pay a default judgment of $143,379.50.
Two of the impacted consumers were "protected consumers." The Court found those failures to be deceptive and/or unconscionable under the KCPA. As part of the ruling the Court ordered Family First to pay over $23,000 in restitution to the consumers, $110,000.00 in civil penalties, and also pay for court costs and fees.
Violations of the KCPA that impact a protected consumer can result in an enhanced civil penalty per violation. K.S.A. 50-677. Protected consumers include the disabled, veterans, members of the military and persons over the age of 60. K.S.A.
50-676.
The District Attorney reminds residents that customers should receive certificates of title within 60 days of vehicle purchase so the buyer can register the vehicle. Failure to provide title within 60 days makes the transaction "fraudulent and void" entitling buyers to a refund.
K.S.A. 8-135(c)(7). Also, dealerships may only issue a buyer one 60-day temporary registration permit following the sale of a vehicle. K.S.A. 8-2409.
Remember, driving without proper registration is against the law.
The default judgment was filed April 26, 2022 and signed by Judge William Woolley.
