TOPEKA – (November 8, 2017) – A Topeka auto dealer has been sued for violating state consumer protection laws and is temporarily banned by court order from doing business in Kansas while the lawsuit proceeds, Kansas Attorney General Derek Schmidt said today.
Justin Bogina, of Tecumseh, and his business, Auto Acceptance Center Corp., of Topeka, have been temporarily ordered to refrain from conducting business related to the sale of property or services within the state of Kansas. Chief Judge Evelyn Wilson issued the temporary restraining order Monday in Shawnee County District Court.
Attorney General Schmidt last week filed a lawsuit against Bogina and his company alleging multiple and recurring violations of Kansas consumer protection law over the past several years and continuing to the present. Among the allegations is 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 alleges 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.
The Court found sufficient evidence that if the defendants were allowed to continue doing business additional consumers would be harmed, resulting in the issuance of the temporary restraining order.
A copy of the petition and temporary restraining order are available at http://bit.ly/2zo5oa4.