Wichita, KS – A $143,379.50 default judgment was entered against a local used car dealership for violations of the Kansas Consumer Protection Act (KCPA) based on allegations it failed to provide title for multiple cars within 60 days of the sale and issued fraudulent temporary registration permits.
The Consumer Protection Division alleged that Family First Auto, LLC, formerly located at 2005 S. Broadway in Wichita, failed to provide eight separate consumers the title to the vehicle they purchased within 60 days. It was also alleged the dealership issued additional 60-day temporary registration permits in violation of Kansas law. 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. The case was investigated by Dwight Wilkes of the District Attorney’s Office.