Topeka used car dealer sued, temporarily banned from doing business in Kansas

A Topeka used car dealer has been sued for violating state consumer protection laws and has been temporarily banned from doing business in Kansas, officials announced Wednesday.

Chief Judge Evelyn Wilson issued a temporary restraining order against Justin Bogina, of Tecumseh, and his business, Auto Acceptance Center, 400 S.E. 29th, on Monday in Shawnee County District Court.

Kansas Attorney General Derek Schmidt last week filed a lawsuit against Bogina and his company alleging multiple and recurring violations of the state’s consumer protection law over the past several years, continuing to the present.

According to Schmidt’s office, allegations include: Bogina in 2014 advertised he would donate $100 per vehicle sold during a specific time period to the memorial fund established for Topeka Police Cpl. Jason E. Harwood, who was killed in the line of duty on September 7, 2014.

However, a news release issued from Schmidt’s office on Wednesday said Bogina and his business didn’t track sales for the purpose of making the donations. Furthermore, the news release stated no donation was made until April 2016, after the attorney general’s office launched its investigation.

Additional allegations contained in the lawsuit include: 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 issuance of the temporary restraining order came about when the court found sufficient evidence that if the defendants were allowed to continue doing business, additional consumers would be harmed.

Contact Phil Anderson at (785) 295-1195 or follow live reports @Philreports on Twitter. Like him on Facebook at facebook.com/philreports.tcj/

A copy of the petition and temporary restraining order are available at http://bit.ly/2zo5oa4.