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Former Topeka auto dealer banned from doing business in Kansas, ordered to repay $25,000 to consumers

Release Date: Feb 01, 2018

TOPEKA – (February 1, 2018) – A former Topeka automobile dealer has been permanently banned from doing business in Kansas and ordered to repay more than $25,000 to consumers after being found in violation of Kansas consumer protection laws, Kansas Attorney General Derek Schmidt said.

Justin Bogina, of Tecumseh, and his business, Auto Acceptance Center Corp., of Topeka, have been permanently ordered to refrain from conducting any business related to the sale of property or services within the state of Kansas. Bogina was also ordered to pay restitution in the amount of $25,775.89 to four consumers, as well as pay a civil penalty and reimburse the attorney general’s office for the cost of its investigation. District Judge Franklin Theis entered the default judgment last week in Shawnee County District Court after Bogina failed to respond to a lawsuit filed by the attorney general’s office in November.

Schmidt had accused Bogina and his company of multiple and recurring violations of Kansas consumer protection law over the past several years. Among the allegations was that in 2014 Bogina advertised he would donate $100 per vehicle sold during a specific time period to the memorial fund established for Topeka Police Corporal Jason E. Harwood, who was killed in the line of duty on September 7, 2014. However, the defendants did not track the sales for the purpose of making the donation, and no donation was made until April 2016, after the attorney general’s office launched its investigation.

The lawsuit also alleged the defendants represented the sale of vehicles to be “as-is,” took possession of a trade-in vehicle without paying the proper balance due and sold vehicles to customers without providing certificates of title, all in violation of the Kansas Consumer Protection Act.

A copy of the default judgment is available at http://bit.ly/2nuv1xQ.

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