Attorney General Chris Carr filed an action against The Momentum Group, Inc., doing business as Gwinnett Mitsubishi and Gwinnett Suzuki, alleging numerous unlawful and deceptive advertising and sales practices. The suit was filed Friday.
“The alleged deceptive acts committed by Gwinnett Mitsubishi and Gwinnet Suzuki placed a financial burden on consumers and left them without valid transportation,” says Attorney General Chris Carr. “Through our Consumer Protection Unit, our office will continue fighting to protect Georgians from businesses who attempt to take advantage of consumers by skirting the law.”
The Complaint alleges that the dealerships:
- Represented that they would apply for vehicle titles in purchasers’ names within the 30-day period required by Georgia law and failed to do so, rendering consumers unable to receive permanent vehicle tags or lawfully operate their vehicles.
- Failed to respond to consumers for a substantial period of time when they repeatedly tried to follow-up with the business about the issue.
- Failed to pay off liens on trade-in vehicles in a timely manner, leaving consumers liable for two loan payments–that of their new vehicle and their trade-in.
- Sold vehicles without a valid emissions certificate, as required in 13 Georgia counties. (Since a valid emissions certificate is required in certain counties in order to register a vehicle, this practice means that consumers could not legally drive their vehicles unless they either paid out-of-pocket for an emissions test or, in many instances, paid for the test and for the necessary repairs that would allow their vehicle to pass emissions.)
- Accepted payment from consumers for third-party products, such as extended warranties and “gap coverage,” but failed to timely remit payment to the third parties. (When consumers tried to use the products purchased they were allegedly declined or received cancellation notices for non-payment from the third-party vendors. And, when consumers subsequently contacted the dealerships to request refunds, the dealerships allegedly refused to accept cancellation notices or provide refunds.)
The Office of the Attorney General is seeking a permanent injunction restraining the Defendants from future violations of Georgia’s Fair Business Practices Act, requiring Defendants to provide restitution for affected consumers to pay civil penalties of up to $5,000 per violation and recuperate fees and costs for this lawsuit.