Illinois AG files lawsuit against Carterville auto dealer

By Bryan Cohen | May 1, 2013

CHICAGO (Legal Newsline) - Illinois Attorney General Lisa Madigan filed a lawsuit on Wednesday against a Carterville-based auto dealership that allegedly engaged in deceptive sales tactics.

The lawsuit, filed in Williamson County Circuit Court, alleged that RTO Auto Sales and Kevin Darnell, the company's owner, sold used cars "as is" and falsely promised vehicles were in good condition or that they would be repaired if mechanical problems occurred. Darnell allegedly failed to make promised repairs and refused to issue refunds for consumers who bought faulty vehicles.

Darnell also allegedly promised to pay off at least one consumer's loan on a trade-in vehicle and remit costs for titles, license plates and sales taxes but failed to do so.

"Based on the complaints we've received, this dealer took customers for a ride, failing to fulfill the many promises he made to induce customers into buying faulty vehicles," Madigan said.

Madigan's office received nine complaints against Darnell and RTO Auto with consumers alleging between $500 and close to $3,500 in losses.

Madigan's lawsuit requests that the court enter a permanent injunction against the dealership and order Darnell and RTO Auto to pay restitution to consumers, a $50,000 civil penalty, court and attorney fees and an additional $50,000 penalty for each violation of the Consumer Fraud Act with the intent to defraud.

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