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HomeMy WebLinkAbout03-4208COMMONWEALTH OF PENNSYLVANIA ACTING BY ATTORNEY GENERAL D. MICHAEL FISHER, Plaintiff AL BRUNER, d/b/a BRUNER'S SERVICE CENTER 607 NORTH ENOLA ROAD ENOLA, PA 17025 Respondent IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - EQUITY ASSURANCE OF VOLUNTARY COMPLIANCE WHEREAS, the Commonwealth of Pennsylvania, acting by Attorney General D. Michael Fisher, through the Bureau of Consumer Protection ("Commonwealth"), has caused an investigation to be made into the business practices of Al Bruner (URespondenff), pursuant to the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § §201-1--201-9.3 (uConsumer Protection Law~) and the Automotive Industxy Trade Practices Regulations, 37 Pa. Code §§301.1--301.6 ("Auto Regs"). WHEREAS, the Respondent, Al Bruner, is an adult individual who runs a service center, Bruner's Service Center, that performs automobile repairs. Bruner's Service Center is located at 67 North Enola Road, Enola, Cumberland County, PA 17025; and WHEREAS, based upon its investigation, the Commonwealth asserts that Respondent, Al Bruner, engaged in conduct violative of the Consumer Protection Law, 73 P.S. § §201-1--201-9.3 and the Pennsylvania state Auto Regs, 37 Pa. Code §§301.1--301.6, as more fully set forth herein: -I- 1. Respondent has, through his business practices, caused a likelihood of confusion to consumers by his advertising and holding himself out as an automobile dealer with the authority by law to promote and sell automobiles that were present at his business. 2. Respondent's actions constitute violations of the Consumer Protection Law and the Auto Regs as Brunet is not licensed as a motor vehicle dealer. 3. Specifically, Respondent caused this confusion by: 1) having a large, prominently placed sign in front of his lot advertising the sale of automobiles; 2) taping "Buyer's Guides" to ear windows -- "Buyer's Guides" are required by federal law solely for the sale of used cars by automobile dealers; and, 3) advertising for sale more than five vehicles on his lot. 4. The Commonwealth asserts Respondent acted in violation of §201-2(4)(iii), (v), and (xxi) of the Consumer Protection Law and §301.2 (6) of the Auto Regs. WHEREAS, Respondent agrees to immediately cease and desist ~om the aforementioned conduct, and desires to comply with these civil laws of the Commonwealth; and WHEREAS, the Commonwealth is agreeable in this matter to accept this Assurance of Voluntary Compliance, pursuant to §201-5 of the Consumer Protection Law, in lieu of commencing proceedings pursuant to §201-4 of the Consumer Protection Law; and WHEREAS, under the Consumer Protection Law, this Assurance of Voluntary Compliance shall not be considered an admission of a violation for any purpose. NOW THEREFORE, it is hereby agreed that, while engaging in trade or commerce within the Commonwealth of Pennsylvania, Respondent A1 Bruner agrees for himself individually, his officers, representatives, employees, agents, future corporations and all other persons acting on his behalf, jointly or individually, directly or through any corporate or business device, as follows: I. The Respondent shall comply with any and all provisions of the Consumer Protection Law and Auto Regs, and is hereby permanently enjoined from any violation thereof. H. Specifically, the Respondent is permanently enjoined from acting as a motor vehicle dealer until he obtains the required license issued by the Pennsylvania Depa~hnent of State pursuant to 63 P.S. {}818.5. HI. Upon signing this Assurance, the Respondent shall pay $500 to the Commonwealth as a civil penalty. IV. Upon signing this Assurance, the Respondent shall pay $500 to the Commonwealth as costs of investigation to be used for future public protection purposes. V, In the event that the Respondent fails to make the aforementioned payment within thirty (30) days of this agreement, such failure will be deemed to be a violation of this Assurance and shall subject the Respondent to all of the sanctions and penalties provided for by this Assurance and otherwise by law. VI. The Respondent stipulates that, in the event he files for protection under the United States Bankruptcy Code, the debts incurred herein shall be considered nondischargeable pursUant to 11 U.S.C. § 523(a)(2) and (7). VII. All monies owed by the Respondent under this Assurance shall be paid by certified cheek, cashier's check, or money order, made payable to the Commonwealth of Pennsylvania, and delivered to the attention of DAG Seth A. Mendelsohn, Office of -3- Attomey General, Harrisburg Regional Office, Bureau of Consumer Protection, 301 Chestnut Street, Suite 105, Harrisburg, PA 17101. VIII. This Court shall maintain jurisdiction over the subject matter of this Assurance of Voluntary Compliance and over the Respondent for the purpose of enforcing this Assurance. IX. Provided that nothing contained herein shall be construed to waive any individual fight of action by a consumer or a local, state, federal, or other governmental agency. NOW THEREFORE, the Commonwealth and the Respondent hereby stipulate that this Assurance of Voluntary Compliance shall have the same rome and effect as a permanent injunction issued under §201-4 of the Consumer Protection Law, so that any violation of this Assurance of Voluntary Compliance shall be sufficient muse for the Attorney General of this Commonwealth to seek appropriate penalties as provided for in §§201-8, 201-9, and 201-9.1 of the Consumer Protection Law and other equitable relief which the Court deems necessary or proper. WITNESS the following signatures this FOR THE PLAINTIFF: BY: D. MICHAEL FISI-~R D. MICHAEL FISHER BY: FRANKT. DONAGHUE FRANKT. DONAGHUE CHIEFDEPUTYATTORNEYGENERAL '~4¢'day of ~ ,2003. FOR THE~.~TF.jRESPOND/~)xlT:.. BY: ~ ~' -' AL BRUNER BY: ATTORNEY FOR KESPONDENT -4- BY: SETH A. MENDELSOHN DEPUTY ATTORNEY GENERAL ATTORNEY I.D. NO. 77063 OFFICE OF ATTORNEY GENERAL BUREAU OF CONSUMER PROTECTION 301 CHESTNUT STREET, SUITE 105 HARRISBURG, PA 17101 TELE. (717) 787-7109 FAX (717) 772-3561