WICHITA, KAN. – The owner of a used car dealership and a former salesperson have entered into a consent judgment with the Office of the Sedgwick County District Attorney, resolving multiple allegations of violations of the Kansas Consumer Protection Act, according to a statement from District Attorney Marc Bennett.
The District Attorney’s Office investigated three separate consumer complaints regarding the purchase of the same vehicle from a dealership formerly located at 1348 N. Cleveland in Wichita.
The Consumer Protection Division alleged Carlos Porter and Brandon Walker repeatedly sold a Mercedes without having title to the vehicle, improperly repossessed the vehicle and failed to disclose known defects as part of a consumer transaction. A consumer alleged the dealership improperly repossessed the Mercedes and forced him to sign an agreement voiding the sale. A second consumer complained after she purchased the same Mercedes and did not receive title or a refund. The third consumer complained after he too, purchased the Mercedes and did not receive title or a refund.
Investigation by the Consumer Protection Division identified that Walker and Porter failed to tell the third consumer known defects with the Mercedes.
While both Porter and Walker denied intentionally violating the Kansas Consumer Protection Act, they both agreed to settle the matter to resolve the allegations. Both men agreed to a 41-month probationary period with the Consumer Protection Division during which they will be required to pay back $15,720 in restitution to the impacted consumers.
The consent judgment also includes $60,000 in civil penalties as well as additional investigative expenses and court costs.
The District Attorney reminds residents that buyers should receive certificates of title within 60 days of vehicle purchase so they can register the vehicle. Failure to provide title within 60 days makes the transaction “fraudulent and void” entitling customers to a full refund.
K.S.A. 8-135(c)(7). The Federal Trade Commission’s Used Car Rule requires dealers to post a Buyers Guide on every used vehicle they offer for sale. The Buyer’s Guide gives consumers important purchasing and warranty information.
The consent judgment was approved by Judge Eric Commer and filed on September 29, 2023. The matter was investigated by Kristen Zluticky with the District Attorney’s Office.