Wichita dealership, owner agree to pay more than $100K after accusations of violations
A Wichita auto dealership, its owner and a former salesperson have entered into separate consent judgments after being accused of multiple violations of the Kansas Consumer Protection Act.
The announcement comes after the DA’s office investigated eight separate complaints filed against 37 Auto Sales LLC, 1939 N. Broadway, from people who bought cars from the dealership between April and September 2020, according to a news release from the Sedgwick County District Attorney’s Office.
37 Auto Sales and its owner, Jacobs Lucky, entered into consent judgments last month to settle the matter but did not admit to the allegations. The ex-salesperson’s consent judgment was filed in Sedgwick County District Court last summer.
The Feb. 23 agreement with the dealership calls for payment of $65,000 in civil penalties, $2,000 in investigative expenses and over $21,000 in restitution to compensate seven consumers, according to the release. Lucky agreed to pay a $20,000 fine, the release says.
Alleged violations from consumers include failure to provide a title following a purchase and failure to honor a warranty offered by a salesperson, the release says.
During its investigation, the DA’s office also found that the dealership failed to disclose a safety recall on one car, improperly documented title and sales tax receipts given to some consumers, and in nine cases “issued multiple 60-day temporary registration permits in violation of Kansas law,” the release said.
The former salesman, Wally Sharp, entered into a separate consent judgment in June 2022 without admitting to any allegations, according to the DA’s news release. The DA’s office alleged that Sharp failed to tell a customer that a vehicle had a rebuilt-salvage title and that another vehicle had a transmission issue prior to the sale, the release added.
Sharp agreed to pay a $10,000 fine and is under a one-year probationary period, according to the release.
The dealership will be on a three-year probationary period with the DA’s Consumer Protection Division and agreed to address all safety recalls, disclose all known defects in writing to potential customers and cooperate with future complaints, “among other promises,” the release said.
Lucky was also placed on a three-year probationary period.
The dealership had previously entered into a consent judgment with the DA’s office over earlier allegations of not disclosing safety recalls and having unlicensed salesmen in 2019.