Morrisey sues used car dealership for consumer credit violations

By Kyla Asbury | Aug 31, 2016

HUNTINGTON – Attorney General Patrick Morrisey filed a lawsuit in Cabell Circuit Court against a used car dealership he claims violated the West Virginia Consumer Credit and Protection Act.

HUNTINGTON – Attorney General Patrick Morrisey filed a lawsuit in Cabell Circuit Court against a used car dealership he claims violated the West Virginia Consumer Credit and Protection Act.

In 2010, the state commenced an investigation of Shawn Dunfee’s business practices. Dunfee is doing business as Dunfee’s Used Cars, according to a complaint filed Aug. 18 in Cabell Circuit Court.

“Our office will always protect and defend consumers against unscrupulous business practices,” Morrisey said. “We vigorously enforce our state’s consumer protection laws.”

The Attorney General’s Office determined that Dunfee had violated the WVCCPA and on Sept. 30, 2010, Dunfee entered into an Assurance of Discontinuance with the AG’s office, agreeing to modify its contracts and to comply with the act.

Dunfee failed to comply with the terms of the 2010 Assurance and in March 2015, another investigation commenced. On Nov. 21, 2015, Dunfee entered into a second Assurance of Discontinuance, which he failed to comply with, according to the suit.

Morrisey claims on May 15, the state re-opened its investigation into Dunfee’s business practices after another complaint was made against his business.

Dunfee’s failure to comply with the terms of the two assurances is to be considered proof of prior bad conduct in his sale of motor vehicles and his continued bad acts constitute willful and repeated violations of the WVCCPA, according to the suit.

Morrisey is seeking preliminary injunction prohibiting Dunfee from transferring or conveying any real or personal property in his custody or control to any third party until the matter has been adjudicated and for the defendant to pay civil penalties and restitution to aggrieved consumers. Assistant Attorney General R. Stephen Jarrell is representing Morrisey.

The case is assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 16-C-538

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