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Ohio AG files civil case that alleges violations by Poland dealership

Ohio Attorney General Dave Yost has filed a complaint in Mahoning County Common Pleas Court accusing the used car dealership Roddy’s Rides LLC of 1333 E. Western Reserve Road, Poland, of violating the Consumer Sales Practices Act and Certificate of Motor Vehicle Title Act. The dealership is located west of Interstate 680.

The suit asks the judge to issue a permanent injunction ordering the company and its representatives not to commit any “unfair, deceptive or unconscionable acts or practices” that violate Ohio consumer laws.

The civil action was filed Tuesday, naming Roddy’s Rides and Michael E. Roddy, of Spitler Road, Poland, as defendants. It states that Roddy created Roddy’s Rides to sell used motor vehicles, and Roddy “dominated, controlled, directed and approved the business activities and sales conduct” of the dealership “at the time of the violations.”

A call to Roddy’s Rides late Tuesday to ask whether the dealership had any comment on the lawsuit was not answered.

The suit alleges that in some instances, the defendants sold motor vehicles to consumers that did not have certificates of title issued in the name of the dealership at the time of sale.” In some instances, the defendants “failed to obtain certificates of title in the name of consumer purchasers on or before the 40th day after the sale of motor vehicles.”

Consumer purchasers complained to the Ohio Attorney General’s Office that the defendants “failed to obtain a title in the name of the consumer purchaser within 40 days of the date of the sale,” the suit states.

The Ohio Attorney General’s Office later gave the dealership a request for rescission regarding one vehicle and gave the dealership the opportunity to refund the full purchase price, but the dealership failed to do so, the complaint states.

To date, claims totaling $6,825 were paid to the consumer from the Attorney General’s Title Defect Rescission Fund for the full refund of the purchase price of the vehicle, the suit states.

The suit alleges that the dealership “engaged in unfair and deceptive acts and practices,” in violation of state law by failing to file applications for certificates of title within 30 days of the “assignment or delivery of motor vehicles,” as required under another state law.

And the dealership violated another state law by “failing to obtain certificates of title on or before the 40th day after the sale of the motor vehicles.”

The dealership also failed to post with the attorney general’s office a surety bond in favor of the state in an amount of not less than $25,000, the suit states.

In addition to the permanent injunction, the suit asks the judge to declare that the acts and practices mentioned in the lawsuit violate the Consumer Sales Practices Act and the Certificate of Motor Vehicles Title Act.

And it asks the judge to order the defendants liable for payments to the Attorney General’s Title Defect Rescission Fund “for funds expended to resolve title defects caused by the defendants’ motor vehicle title violations.”

It asks the judge to assess a fine of $25,000 for each violation of the Consumer Sales Practices Act described in the filing.

Starting at $3.23/week.

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