STATE OF INDIANA, ) IN THE MARION COUNTY SUPERIOR COURT. SS: COUNTY OF MARION CAUSE NO, 49D12-1511-PL-039000 STATE OF INDIANA, Plaintiff, CIRCLE (TY AUTO EXCHANGE INC,, and t LED eee Qa JUL 18 2016 “THyln. CL Ednedap) ctedkor ienanion ncn cour CIRCLE CITY AUTO CONNECTION INC,, and CIRCLE CITY SALES & SERVICE INC,, and ) ) ) ) ) ) ) ) ) ) ) AMY LAIR, individually and doing ) business as CIRCLE CITY AUTO ) EXCHANGE INC., CIRCLE CITY AUTO ) CONNECTION INC., AND CIRCLE CITY ) SALES & SERVICE INC., and : BRANDI PIERSON, individually and doing ) business as CIRCLE CITY AUTO ) EXCHANGE INC., CIRCLE CITY AUTO ) CONNECTION INC., AND CIRCLE CITY ) SALES & SERVICE INC., and ; ) :} 2 ) ) ) ) SHAWN LESSOR, individually and doing business as CIRCLE CITY AUTO EXCHANGE INC., CIRCLE CITY AUTO CONNECTION INC., AND CIRCLE CITY SALES & SERV! INC., Defendants, MOTION FOR LEAVE TO AMEND COMPLAINT ‘The State of Indiana, by Attorney General Gregory F. Zoeller and Deputy Attorney General Mark M. Snodgrass, in accordance with Rule 15 of the Indiana Trial Rules of Civil Procedure, requests the Court grant leave to the Plaintiff to amend its Complaint and in support states: 1, On November 23, 2015, the Plaintiff initiated this action by filing its Complaint for ig0289 !Injunction, Restitution, Civil Penalties, and Costs against the Defendants, Circle City Auto Exchange, Inc., Circle City Auto Connection, Inc., Circle City Sales & Service, Ine., Amy Lait, Brandi Pierson, and Shawn Lessor, 2. On June 21, 2016, the Defendants filed their Answer to the Plaintiff's Complaint, 3. The Plaintiff now secks leave to amend its Complaint to include an additional Defendant — and additional consumers whom the Plaintiff was notaware of upon its initial filing,-as well as an additional Count. 4, Specifically, the Plaintiff’s Complaint has been amended to include the following: a, Empire Auto Group, Limited. has been added as a Defendant throughout the Complaint; b. An additional 157 consumers were added to Paragraph 18; ©. Paragraphs 46 and 47 were added regarding Circle City Auto Exchange, Inc.'s BBB Accreditation. d. Count VI and Paragraph (a)(6) under relief were added in regards to the Defendants’ failure to comply with Indiana’s salvage vehicle laws. 5. The Defendants will not be prejudiced by the amendment, 6. The Plai ff has consulted with the attoney for the Defendants, and the Defendants object to this Motion, 7. The Plaintiff's Amended Complaint for Injunction, Restitution, Civil Penalties and Costs is submitted with this Motion as Exhibit A. Wherefore, the Plaintiff, State of Indiana, requests the Court grant it eave to amend its Complaint as shown in Exhibit A, and for all other just and proper relief mniso2se 2Office of Attorney General Indiana Government Center South 302 West Washington Street, Fifth Floor Indianapolis, IN 46204 ‘Telephone: (317) 234-6784 Fax: (317) 233-4393 Mark.Snodgrass@atg.in.gov Vv ives — Deputy Attorney-General Respectfully Submitted, GREGORY F. ZOELLER Indiana Attorney General Atty. No. 1958-98 Atty. No. 2949549. Service of the foregoing was made by placing copies of the same into the United States mail, first class postage prepaid, this /P day of July, 2016, addressed to the following: Mario Garcia John Molloy BRATTAIN MINNIX GARCIA 151 N. Delaware St, # 760 Indianapolis, IN 46204 Office of Attorney General Indiana Government Center South 302 West Washington Street, Fifth Floor Indianapolis, IN 46204 Telephone: (317) 234-6784 Pax: (317) 233-4393 Mark.Snodgrass@atg.in.gov uns0289 _ ae Mark M. Snodgrass Deputy Atforney General Atty. No, 29495-49STATE OF INDIANA ) IN THE MARION COUNTY SUPERIOR COURT, ) $s: COUNTY OF MARION) CAUSE NO. 49D12-1511-PL-039000 STATE OF INDIANA, Plaintiff, v CIRCLE CITY AUTO EXCHANGE INC., and CIRCLE CITY AUTO CONNECTION INC,, and CIRCLE CITY SALES & SERVICE INC., and EMPIRE AUTO GROUP LIMITED, and AMY LAIR, individually and doing business as CIRCLE CITY AUTO EXCHANGE INC., CIRCLE CITY AUTO. CONNECTION INC., CIRCLE CITY SALES & SERVICE INC., and EMPIRE AUTO GROUP LIMITED, and BRANDI PIERSON, individually and doing business as CIRCLE CITY AUTO EXCHANGE INC., CIRCLE CITY AUTO. CONNECTION INC., CIRCLE CITY SALES & SERVICE INC., and EMPIRE AUTO GROUP LIMITED, and SHAWN LESSOR, individually and doing business as CIRCLE CITY AUTO EXCHANGE INC., CIRCLE CITY AUTO CONNECTION INC., CIRCLE CITY SALES & SERVICE INC., and EMPIRE AUTO GROUP LIMITED, and Defendants. AMENDED COMPLAINT FOR INJUNCTION, RESTITUTION, CIVIL PENALTIES AND COSTS ‘The State of Indiana, by Attomey General Gregory F. Zoeller and Deputy Attomey General Mark M. Snodgrass, petitions the Court pursuant to the Indiana Deceptive Consumer ‘STATE'S, isos9 1 4 EXHIBITSales Act, Indiana Code § 24-5-0.5-1 ef seg., for injunctive relief, consumer restitution, civil penalties, costs, and other relief, PARTIES 1, The Plaintiff, State of Indiana, is authorized to bring this action and to seek injunctive and other statutory relief pursuant to Ind. Code § 24-5.0.5-4(c). ~2. — Defendant; Circle City Auto Exchange Ine- (“Auto Exchange”); is-an-Indiana corporation engaged in the business of selling used motor vehicles to Indiana consumers, with a principal place of business in Marion County, located at 3002 South Madison Avenue, Indianapolis, IN 46227, 3. Defendant, Circle City Auto Connection Ine, (“Auto Connection”), is an Indiana corporation engaged in the business of selling used motor vehicles to Indiana consumers, with a principal place of business in Marion County, located at 6502 West Washington Street, Indianapolis, IN 46241, 4. Defendant, Circle City Sales & Service Incorporated (“Sales & Service”), is an Indiana corporation engaged in the business of selling used motor vehicles to Indiana consumers, with a principal place of business in Marion County, located at 6411 Kentucky Avenue, Indianapolis, IN 46221. 5. Defendant, Empire Auto Group Limited (“Empire”), is an Indiana corporation engaged in the business of selling used motor vehicles fo Indiana consumers, with a principal place of business in Marion County, located at 3102 South Madison Avenue, Indianapolis, IN 46227. ngage 2Defendant, Amy Lair (“Lair”), is an individual who, at all relevant times, engaged in consumer transactions by selling used motor vehicles to Indiana consumers as an owner and/or employee of Auto Exchange, Auto Connection, Sales & Service, and Empire, 7. Defendant, Brandi Pierson (“Pierson”), is an individual who, at all relevant times, ‘engaged in consumer transactions by selling used motor vehicles to Indiana consumers as an owner and/or employee of Auto Exchange, Auto Connection, Sales & Service, and- Empire. 8, Defendant, Shawn Lessor (“Lessor”), is an individual who, at all relevant times, ‘engaged in consumer transactions by selling used motor vehicles to Indiana consumers as an owner and/or employee of Auto Exchange, Auto Connection, Sales & Service, and Empire. 9. Upon information and belief, Lair, Pierson, and Lessor controlled Auto Exchange, Auto Connection, Sales & Service, and Empire at the time of the transactions identified below and were active in their management and operation, Lair, Pierson, and Lessor controlled and directed the affairs of Auto Exchange, Auto Connection, Sales & Service, and Empire, including their advertising, sales, and practices, and used the corporate entities for the purposes of misleading Indiana consumers. 10, Upon information and belief, Lair, Pierson, and Lessor controlled, and/or manipulated Auto Exchange, Auto Connection, Sales & Service, and Empire so that they were mere insirumentalities in their attempts to mislead and deceive consumers, including ignoring the corporate form and commingling personal and corporate funds. 11. Auto Exchange, Auto Connection, Sales & Service, Empire, Lair, Pierson, and Lessor will collectively be referred to as “the Defendants” throughout this Complaint, unless otherwise individually referenced. unor9912, When in this Amended Complaint, reference is made to any act of the Defendants, such allegations shall be deemed to mean acts that principals, agents, representatives, or employees of the Defendants did, or authorized to be done, while actively engaged in the management, direction, ot control of thé affairs of the Defendants, and while acting within the scope of their duties, employment or agency. Be eee eee tee BACKGROUND-— — — — — — 13. In Indiana, when a motor vehicle is determined to be a “total loss,” after an accident, the insurance company or owner must apply to the Indiana Bureau of Motor Vehicles (Indiana BMV”) for a “salvage” title. 14, Under Ind. Code § 9-22-3-3(a), a “salvage” title is requited for a motor vehicle ‘when an insurance company has determined it is economically impractical to repair the damaged vehicle, or alternatively when the cost of repairing the damaged vehicle exceeds 70% of the vehicle’s fair market value. 15, Fora “salvage” vehicle to be eligible to be operated on Indiana roads, the owner must apply for a “rebuilt” ttle, 16, Under Ind. Code § 9-22-3-15, a “salvage” title may be converted to a “rebuilt” title after an inspection of the vehicle by a police officer and a submission of an affidavit detailing any major component parts that were replaced to restore the vehicle. 17. Once a vehicle is branded with a “rebuilt” ttle, Ind. Code § 9-22-3-18,5 requires a dealer to disclose, in writing, to a purchasing consumer prior to sale, that the vehicle is a “rebuilt” vehicle. uie0289 418. Since at least 2012, the Defendants have sold motor vehicles that had previously been declared “total loss” vehicles to Indiana consumers, including but not limited to, the following consumers and vehicles: Consumer Name 4. Henderson, Jeremy 2. Lucas, Anthony 3. Gonzales, Filiberto 4, Frank, Chad/Reno, Emily 5. Bradshaw, Richard 6. Young, Trevor 7, Glover, Jerry 8, Hood, Kyndra 9. Buck, Dana 10. Aaron, Louelle 11. Young, Shawn 12. Perkins, Hosea 13. Ramirez, Heriberto 14, Perkins, Janet (2) 15, Kimura, Aspen 16. Belew, Alvis, 17. Pita, Valentin 18. Danforth, Barbara 19. Teters, Michele 20. Wiliams, Alisha 21, Otero, Benito 22, Castillo, Mario 23, Schacke, George 24, Matthew, Raymond 25, Morrow, Eugene 26, Sherrill, Ashiey 27. Leach, Brian 28, Reyes, Giannina 29. Wallace, Keith 30. Oliver, Todd 31. Merriweather, Kristina 32. Noriega, Raquel 33. Arteaga, Josefina 34, Hernandez, Rachael 11g0289 Year, Make and Model — 2003 Chevrolet Avalanche K1500__ 3GNEK13T23G185770 __ 11/9/2013 2005 Chevrolet Tahoe K1500 2003 Chevrolet Tahoe K1500 2007 Ford Mustang 2004 Pontiac Grand Prix GT 2008 Saturn Vue XR 2006 Cadillac Escalade ESV 2007 Dodge Charger SE/SXT 2002 Pontiac Grand Prix 2009 Ford Fusion SE AWO. 2011 Ford Escape XLT 2007 Chrysier 300 Touring 2011 Chevrolet Malibu 2007 Honda Ridgeline RT 2007 Toyota Camry 2007 Dodge Charger R/T 2011 Ford Edge SEL 1997 Pontiac Grand Prix 2007 GMC Acadia 2005 Chrysler 300 2006 Ford Mustang GT 2007 Lexus ES 350 2007 Ford Edge 2008 Honda Civic LX 2005 Ford Mustang 2006 Ford Mustang 2006 Ford Mustang GT 2004 Ford F150 2007 Ford F150 2011 Cadillac DTS, 2010 Ford Fusion SEL 2012 Ford Fusion SEL 2008 Dodge Charger 2006 Pontiac GTO Date of VIN Sale AGNEK13T35R226183 11/11/2013 AGNEK132X3/245152 11/16/2013 ‘1ZVFT8AN475315531 11/16/2013 2G2wP522441137426 11/16/2013 3GSCL537x85732350 11/23/2013 3GYFK66NS6G232926 11/25/2013 2B3KA43R17H756497 12/2/2013 1G2WPS2K42F135021 12/3/2013, SFAHPO1139R169468 12/12/2013 AFMCUOD71BKC09999 12/18/2013, 2C3KAS3G87H693664 12/20/2013 IGIZCSEL9BFLA1445 12/21/2013 2HIYK16287H526681 12/28/2013 4T1BEAGKA7UI36169 1/3/2014 2B3KA53H67H832762 1/4/2014 2FMDK3ICOBBAI6263 1/4/2014 1G2WP12KOVF201190 1/10/2014 1GKER137471112187 1/11/2014 ‘2C3iA43R1SHEOO777 1/11/2014 AZVFT82H165186787 1/16/2014 STHBI46G472124612 1/23/2014 2FMDKASCI7BAB4334 1/24/2014 2HGFA16538H329963 1/29/2014 laveTeanass224465 (2/1/2014 ‘AZVETBANX6S156996 2/1/2014 AZvFT8SHO6S216082 2/1/2014 ‘FTPX14584NC28729 2/3/2014 ‘IFTPXI4V47FA17929° 2/6/2014 UGGKASEG78U132784 2/6/2014 BFAHPOIAGAR265579 2/13/2014 SFAHPOIAXCR362983 2/13/2014 2B3KA43G98H316558 2/19/2014 6G2Vx12U261525776 2/19/2014 Selling Corp. CAE. CCAE CAE cess CcAE CCA ccAE ccAE cess CAE ccAE ccaE cess CAE cess CCAE cae cess cess CAE CAE CAE cess CAE cess CCAE CCAE CCAE CAE CAE cess CAE CAE CCA35. Wilson, Eugenia 36. Luis Davila 37, Tapia, Sauel 38, Lopez, Ana 39. Ovalle, Jose 40, Davis, Nathaniel 41, Mullins, Colt JD 42. Whitney, Steven 43, Redinger, Rodger 444, Martin; Jessica- = — 45, siminez, Andres 46. Jose Luis Macedo LLC 47. Smith, Gary 48, Allen, Lauren 49. Level, Clarice 50. Barragan, Maria 51. Summers, William 52. Hatehett, Tamika 53, Lee, Darrell 54, Mendoaz, Mahu 58, McMahon, Demetrius 56, Loredo, Liza 57. Martinez-Mejia, Miguel 58, Brown, Michael 59. Depaz, Wilberth 60. Velasquez, Wilfido 1. Jasche, Martin 62. Lita, Rodrigo 63. Whittaker, Jennifer 64, Catalan, Juan 65. Belcher, Ashley 66. Carr, Jamie 67. Foley, Robert 68. Burton, Allen 63. Daniels, Corey 70. Kiby, David & Bonnie 71. McCullough, Adrian 72. MeBrady, Susan 73. Coleman, Roderick 74, Adams, Gary 75. Dingman, Michael 76. Davis, Twinna Marie 77. Reyes, Daniel nisms 2008 Chevrolet Equinox LT 2CNDL33F586283584 2008 Chevrolet Silverado C1500 1GCEC19x08z318985 2006 Dodge Ram 1500 1D7HA18NX6S713092 2008 Dodge Nitro SKT 108GU28K18W241984 2004 Dodge Ram 1500 1D7HALBNX4)245996 2004 Chevrolet Tahoe K1500 1GNEK13294R307529 2005 Ford F1s0 ‘1FTPX14515FA97400 2013 Dodge Charger 2C3CDXATADHEEI968 2006 Toyota Tacoma STELU42N76Z276380 2007 Chrysler 300 — — —2c3tA6aH67H782846- 2007 Chevrolet Tahoe K1500 1GNFK130672298170 2008 Chevrolet Silverado 2GCEK191x81133754 2008 Jeep Wrangler 4FA541591738373 2005 Honda Accord 1HGCM72565A024308 2006 Ford Mustang 1ZVFTBON865134968 2007 GMC Adacia 1GKER137571117737 2007 Chevrolet Silverado 2GCEK191071582830 2008 Chevrolet Impala 2G1WV58K381249564 2010 Mazda CX-7 JMBER2W35A0338575 2008 GMC Yukon 1GKFK16358R232181 2007 Chrysler 300, 2C3KAS3GO7H700140 2007 Dodge Nitro ‘1DBGUZ8K87W643466 2007 Honda Civic EX 2HGFG118071581331 2009 Ford F-150 ‘2 TPX14V09FA28090 2007 Toyota Tundra STBBVS41375458979 2013 Chevrolet Impala 2G1WCSE38D1186780 2009 Honda Pilot ‘SFNYF489598029455 2007 Honda Element 51GYH287971011025, 2004 GMC Envoy 16K0T138542261313, 2014 GMC Terrain ‘2GKFLRES6E6172111 2011 GMC Terrain 2CTALMECSB6229505 2007 Cadillac CTS 1660P577570178836 2007 Chevrolet Silverado 1GCEC19C67Z638064 2005 Chevrolet Avalanche 3GNEK122756171999 2007 Cadillac CTS 1660P577570178836 2002 Chevrolet Trailblazer 1GNDT138122162374 2007 Chevrolet Silverado 1GCEK19)972510662 2008 Chevrolet Trailblazer 1GNOT13S482184281, 2004 Chevrolet Suburban 1GNEC16214)149291 2011 Toyota Camry ATABE3EK5BR217379 2005 Honda Accord 1HGCM72605A004533 2004 Cadillac Escalade 1GYEK63NO4R272019 2011 Chevrolet Cruz 1G1PHss9487306654 2/22/2014 2/24/2014 2/28/2014 3/5/2014 3/12/2014 3/t7/2014 3/21/2014 3/26/2014 3/29/2014 4/3/2014 4/2/2014 4/28/2014 sfzj2o1a s/1s/2o1a 5/16/2014 5/29/2014 5/30/2014 6/1/2014 6/1/2014 e/t7/2o14 6/24/2014 6/27/2014 6/30/2014 7142014 7/12/2014 7/A8/2014 7/15/2014 7/23/2014 7/31/2014 8/11/2014 g/12/2014 g/2i/2014 8/21/2014 8/25/2014 sjap2014 9/10/2014 9/15/2014 9/1/2014 9/24/2014 9/24/2014 9/26/2014 9/27/2014 10/6/2014 CCAE CAE CCAE CAE cess CCAE CAE CAE cess CCAE css cess CCAE CAE ccaE CCAE cess CCAE cess CAE cess cess cess CAE CAE ccAE CAE ccac ccac ccac CCAE ccaE CCAE CAE CAE. ccac cca CCAE CCAE ccac CAE CAE CCAE78. Haney, Robert 79, Tatum, Sharon 80, Joyce, Robyn & Timothy 81, Beckner, Micheal 82, Redmond, Joshua & Kelly 83. King, Cynthia 84, Crose, Vern 85. Velasceo, jose 86. Archer, Regina — 87. Butler; Sheila — 88. Adams, Linda 89, Murphy, Jeffery 90, Limeberry, Justin 91, Clark, Verdyer 92, Sanchez, Damian 93. Morales, Allen 94. Quinn, April 95. Jones, Keyopp 96. Davis, Aaron 97. Perez-Rios, Alejandro 98, Rochardson, Darryl 99, McNeil, Candace 100. Burnett, Brittany 101. White, Anthony 102, Holifield, Danie & Deidre 103, Smith, Anthony 104, Evans, Daniel 105. Redmon, Garrett 106. Torres, Oscar-Boyzo 107. Hollinsworth, Jasmon 108, Roberts, Rodney 109, Moore, Rockland 120. Asher, Chadley 141, Tenney, Terri 142, Mathes, kim 113, Johnson, Cassandra 114. Butler, Hollie 115. Washington, Thomas 116. Miles, Lisa 117, Morse, Deja 118, Maxwell, Dylan 119. Combs, Shakemimona 120, Lothvilaythong, Brittany iso289 2007 Jeep Wrangler 2007 Chrysler 300 2008 Nissan Titan 2003 Chevrolet Avalanche 2006 Ford F150 2007 Ford F-150 2011 Ford Escape 2008 Chevrolet Silverado 2007 Pontiac G6 2OLL Lincoln MKS 2009 Honda Civic 2007 Dotige Ram 1500 2011 Lincoln MKS 2008 Dodge Charger SXT 2007 Honda CR-V 2006 Dodge Charger 2004 Chevrolet Trailblazer 2005 Ford Mustang 2006 Chevrolet Trailblazer 2008 Honda CR-V 2005 Nissan Armada 2005 Chrysler 300 2012 Ford Fusion 2007 Lincoln MKZ 2008 Cadillac DTS, 2003 Chevrolet Tahoe K1500 2008 Chevrolet Silverado 2005 Chrysler 300¢ 2006 Dodge Charger 2012 Toyota Camry 2007 Dodge Charger 2003 Chevrolet Avalanche 2008 Cadillac STS 2008 Ford Taurus 2004 Chevrolet Suburban 2010 Chevrolet Malibu 2007 Chevrolet Tahoe 2005 Ford Expedition 2007 GMC Sierra 2005 Ford Mustang 2008 GMC Envoy 2007 Ford Fusion 2014 Chevrolet Malibu 1346A391X71177036 2C3KAS3G07H869297 INGAAQ6C88N333206 3GNEK131236185770 LFTPX145X6FB23851 ‘FTPX14Vx7FB60142 ‘1FMCUOEG4BKAS7912 26cEC19)881144913 1622658N974271369, ALNHLSFT786611732— 2HGFG126x9HS39166 1D7HU182075148513 LNHL9FT786611732 283KA33GX8H107713 JHLRE48587028432 2B3KA43G 761419961 IGNDS135642404694 12VET8ONE55177753, 1GNDT135962304945 SJGRE48728L045270 5N1AA08B35N729736 2C3JA63HOSHS25248 3FAHPOIALCR354058 3BLNHM26747R672542 AG6KD57Y78U165055 1GNEK13753R225005 1GCEK191987315632 2C3JA63HOSH525248 283KA43626H173479 ATABF3EK9BU162218 2B3KA@3GX7H763351 3GNEC13TS3G102474 1660067V680148940 ‘1FAHP25W08G 182802 IGNECI6Z14)149291 1G1Z8SE83AF317111 1GNFC13137R407495 1FMFU16S85LAS6860 1GT&K192872140326 ‘12VFT8ON655177753 1GK0S135x82160535 3FAHPO7127R152438 1611CSSLOEF265461 10/8/2014 0/10/2014 10/15/2014 10/15/2014 10/17/2014 10/17/2014 10/20/2014 10/20/2014 10/21/2014 10/25/2014— 1/3/2014 a1y4/2014 a/i9/2014 11/29/2014 12/24/2014 1/3/2015, 1/5/2015, 1/5/2015, 1/13/2015 1/14/2015, 1/14/2015, 3/15/2015, ¥is/2015 1/16/2015 1/28/2015, 1/29/2015 1/31/2015 2/2/2015, 2/4/2015 2/4/2015, 2/6/2015 2/7/2015 2/11/2015 2/13/2015 2/14/2015 2/27/2015 2/20/2015, 2/21/2015 2/24/2015 2/28/2015 3/3/2015, 3/4/2015 3/5/2015 cae CAE CCAE ccac CAE COAE CAE CAE cca CAE CCAE CAE ccAE ccac CCAE CCAE CAE CCAE CAE CcAE ccae CAE CCAE ccac ccAc ceac ccAE CAE ccac CAE ccac CAE ccac ccac ccac ccAc. CAE CAE ccac CAE CCAE ccac CCA121. Smith, Quasi 122. Oliver, Kimberly 123. Bluck, Franz 124, Farmer, Courtney 125, Barnes, Kevin 126. Boyles, Jessica 127. Lottie, Jacob 128. Henry, Marcus 129. Cook-Lovings, Niyoka ~— 430-Thomas,Dejuan — — 131. Carrera, Arturo 132, Simpson, Jonathon 133. Xique, Augustin & Esteban 134, Mendoza, Alejandro & Olivia 135. Miller, India 136. Hunt, Angela 137, Thomas, Dennis i 138, Carter, Krystafer 139. Fasset, Dana 140. Marrow, Lachina 141. Freeman, Christina 142. Mang, Kyaw 143, Brooks, Sheldon 144, Houston, Hillary 145. Kopacek, Zack 146. Campbell, Rachelle ‘147. Garner, Rodney 148. Swanson, Darryn 149, Huante, Eduarda 150. Tucker, Linda 151. Sanchez, Lorena 152. Flores-Diaz, Luis 153. Johnson, Renitta 154, Miller, James 155, St Louis, Jessica 156, McNeal, Ronnie 157. Waters, Roan 158. Randolph, Gerald 159. Nowlin, Keenan 160. Maldonado, Filomena 161. Holeman, Katrina 162. McPeek, Tabitha iniso2a9 2006 Dodge Charger 2011 Toyota Camry 2008 Chrysler Town and Country 2004 Ford Taurus 2007 Dodge Charger 2003 Chevrolet Tahoe 2010 Ford Mustang, 2009 Dodge Charger 2011 Cadillac STS. 2007-Bodge-Ramis00 — — 2008 Ford F150 2009 GMC Sierra 1500 2011 Chevrolet Silverado 2008 Dodge Charger 2007 Chevrolet Tahoe 2009 Chevrolet Malibu 2007 Pontiac G6 2007 Chevrolet Silverado 2005 Ford Mustang 2011 Dodge Charger 2010 Chevrolet Impala 2010 Dodge Charger 2020 Lincoln KX 2006 Dodge Charger 2005 Cadillac SRX 2007 Dodge Charger 2007 Chevrolet Tahoe 2011 Dodge Charger 2003 Chevrolet Avalanche 2007 GMC Yukon 2008 Dodge Nitro 2010 Dodge Challenger 2006 Dodge Charger 2005 Honda Civic 2012 Honda Civic 2003 Chevrolet Tahoe 2005 Acura TL 2004 Dodge Charger 2008 Cadillac STS 2008 Ford F150 2007 Dodge Charger 2011 Ford Fusion 2B3KA43RX6H394362 4T18F3EK9BU162218 2ABHR54P48R771455, 1FAFPS32146162822 2B3KA53H57H631936 AGNEK13Z53R225005 12VBPBEN3ASI52184 2B3KA33VX9HE19245, 1G60W6ED280127059 4107HU182975192395. — AFTPW14578FA27987 3GTEK233896269633 AGCRCREA9BZ312725 283KA43G68H314864 1GNFC13s37R407495 1612H57B795237575 1G22M587074193154 16CEC197x72140739 12VHT80N255257947 2a3CL3CG6BHS09282 2G1WBSEKAA1174261 2B3CASCVOAH280524 2LMDJ8/C148)16054 283KAS3H46H512824 1GYEE637950226476 2B3KA53H77H656725 1GNFC13)37R407495 283C13CG6BHS09282 3GNEK131236185770 1GKFK163471308003 1DBGU28K58W185533, 2B3C4DV3AH160590 2B3KAS3H96H322226 2HGES155X5H596068 19XFB2FSOCEO79216 1GNEK13253R225005 19UUA66235A082111 1GNOS13S642404694 1GsDD67V680148940 ‘1FTPW14578FA27987 283KA43R57H672280 3FAMPOKC6BR291411. 3/5/2015, 3/6/2015, 3/7/2015, 3/14/2015, 3/14/2015 3/16/2015 4/3/2018 4/10/2015 a/iy201s 4/28/2015 4/18/2015 4fng/201s 4/21/2015 af2aj201s 4/25/2018 4/28/2015 5/8/2015, 5/7/2015 5/7/2015 5/13/2015 5/16/2015 5/20/2015, 5/28/2015 6/6/2015 6/8/2015, 6/11/2015 6/25/2015 6/15/2015 6/18/2015 6/19/2015 6/20/2015 6/29/2015 6/29/2015 7/1/2015 7/7/2015 7/11/2015 7/16/2015 7/18/2015 7/25/2015, 7/27/2015 7/27/2015 7/27/2015 CCAE CCAE ccAe ccAE CAE CAE CCAE ccac CAE CAE ccAc CCAR ccac ccac. CCAE CCAE ccac CAE CAE CAE ccac CAE ccac CAE ccac CAE CAE ccAc ccac CCAE CCAE CAE ccac ccac CAE CAE cca ccac ccac CAE CAE ccAC163. Tazewell, Antwan 164. Trujillo-Reynosa, Liborio 165. Hurt, Ashley 166. Bradshaw, Ashley 167, Rodriguez, Sergio 168. Anglemyer, David 169. Rooney, Devin 170. Sanders, Adrian m7. 17. 173, 174, 175. 176. w7, Arriaga, Jose - Montgomery; Broderick - Perez, Jose |. Ursery, Briana 5. Cruz-Gonzalez, Rodolfo . Rodriguez, Jose Norman, Erika 178. Mooney, Jarek 179. 180. 181, 182, 183. 184, 185. 186, 187. 188, 189. 190. 191, 192. 193. 194. 195. 196. 197, 198. 199. 200. 201. 202 203. 204. 208, Smith, Hyman Smith, Anthony Lee Arevaldo, Hector Lewis, John #, . Mays-Licorish, Joycena Atkins, Ebony Kjos, Lora Baynes, Darrell - Winters, Sharell Treadwell, Joshua ).Pitzo, Courtney ). Gibbson, Christopher |. Posadas, Juan Carr, Paul |. Nevis, Vernon Ferguson-Brents, Ron >. Holder, Taylor Pearson, Jamica . Mattox, Rhianna . Curry, Tarra . Vest, Robert ). Rodgers, Michael . Pendleton, Neil Gibson, James Rayford, Sharee Bernard, Shamika Kendick, China itgozae 2008 Chrysler 300 2006 Toyota Tundra 2007 Dodge Ram 1500 2010 Chevrolet Traverse 2005 Chrysler 300 2009 Ford F150 2003 Chevrolet Avalanche 2009 Dodge Charger 2012 Ford F150 2012 Toyota-camary 2009 Dodge Charger 2008 Dodge Charger 2008 Chevrolet Silverado 1500 2007 Dodge Charger 2005 Chrysler 300 2007 Ford Mustang 2007 Toyota Tundra 2005 Chrysier 300¢ 2007 Honda Accord SE 2008 Ford Taurus Limited 2010 Lincoln Mkx 2005 Chrysler 300¢ 2013 Ford F-150, 2010 Ford Fusion 2005 Chrysler 300 2007 Dodge Charger 2007 Ford F-150 2011 Jeep Liberty 2007 Nissan Frontier 2011 Buick LaCross 2004 Pontiac Grand Prix 2011 Jeep Liberty 2007 Dodge Charger 2009 Chevrolet Traverse 2007 Dodge Charger 2007 Ford Fusion 2006 Dodge Charger 2009 Ford F-150 2005 Chevrolet Trailblazer 2007 Chevrolet Tahoe 2007 Chevrolet Tahoe 2006 Dodge Charger 2010 Chevrolet Camero 2C3LA43RX8H123621 STBDT441565507462 i7HU18217S189491 AGNLRGED7AS139613 2C3AA63HOSHS33026 AFTPX14VX9FA18859 3GNEK13T736110028 2B3KAS3T19}H567871 IFTFWLETSCFA39369 — 4FIBFAFK6CUS92938 2B3LAS3T69H610086 2B3KA43G68H285396 3GCEK13/186239848 2B3KAS3H77H656725 2C3JA53G25H685259 12VFT8ONG75261461 STBBTS81275450291 2C3AA63H05H533026, HGCMS63x7A105411 ‘FAHP25W08G182802 2LMDISICIABI16054 2C3AA63HOSHS33026, {A FTEW1EFTOFBS4073 3FAHPOIAKAR204768 2€3)A53625H685259 283KA53H77H656725, ‘AFTPW14V07FB71363, ‘UAPNSGK1BW525275 ‘INGADO6W77C420851 1G4GC5EDS8F149787 262wP522441137426 1U4PNSGK1BW525275 283KAS3H77H656725, 1GNEV23D49S104386 2B3KA43R57H672280 3FAHPO7127R152438 2B3KAS3H96H322226 FTPX14VO9FA28030 1GNDT138952282671 I1GNFC13/37R407495 GNFC13137R407495, 283KA53H96H322226 2G1FK1EI6A9166499 7/30/2015 8/3/2015 8/20/2015 8/28/2015, 8/28/2015 9/14/2015 9/12/2018 9/14/2015 9/15/2015 — 9/24/2015 9/22/2018 g/as/2o1s 10/1/2015 10/10/2015 10/20/2015 10/23/2015 10/27/2018 11/4/2015 11/7/2015 11/14/2015 11/23/2015 11/27/2015 12/8/2015 12/14/2015 12/31/2015 1/13/2016 1/18/2016 1/19/2016 1/19/2016 1/22/2016 1/22/2016 2/1/2016 2/s[2016 2/10/2016 2/10/2016 2/10/2016 212016 2/12/2016 2/20/2016 2/25/2016 3/2/2016 3/2/2016 3/8/2016 CAE CAE ccac ccae ccac ccAE ccac Empire ccne CAE ccaE CAE CcAE CCAE CCAE CCAE cae CAE CAC ccac CAE ccAE ccAC Empire CCAE ccac ccac cea Empire Empire ccac ccac CAE ccac CCAE ccac CCAE ccac ccAE ccac CCAE CCAE CCAE206. Malone, Brishna 2005 Chrysler 300, 207. McMahan, Riana 2008 Dodge Charger 208. Shirley, Eric 2010 Chevrolet Camero 209. Ruiz, Robert 210. Carreon, Edgar 211. George, Dalonte 212. Martinez, Jennifer 213. Moore, Sandra 214. Dixon, Cameron 215: Rafael, Victor 216. Smith, Chester 247. Garcia, Jose 218. Wallace, Jonathan 219. Lohman, Joseph 220. Emanuel, tlyod 221. Keys, Jayla 2008 Jeep Wrangler 2008 Dodge Charger 2014 Dodge Charger 2007 Ford Fusion 2012 Ford Mustang, 2014 Honda Accord 2007 Honda CR-V 2006 Dodge Charger 2008 Dodge Charger 2007 Hummer H3 2009 Pontiac G8 2008 Cadillac Escalade 2010 Chevrolet Silverado 2C3AA63HOSHS33026 2B3LAS3H28H132372 2G1FB1EV7A9217348 AGCSKSESBAZI28498 1/4GA391481529738 2B3LAS3H28H132372 2C3CDXOTIEH364790 3FAHPO7127R152438 ‘12VBP8EM1C5203272 “HGCR2F84EA040550— JHLRE38737C050382 1GYFK63868R203825 2B3KA43G06H512949 2B3LA53H28H132372 SGTON13E878146991, 6G2ERS77091.234475 3/10/2016 3/18/2016 3/19/2016 3/21/2016 3/24/2016 4723/2016 4/30/2016 5/2/2016 5/6/2016 5/11/2016 5/24/2016 5/27/2016 6/7/2016 6/8/2016, 6/10/2016, 6/16/2016 19. All of the vehicles referenced in Paragraph 18 were purchased at various auto auctions in Michigan, including Copart and Insurance Auto Auctions, 20. All of the vehicles referenced in Paragraph 18 were purchased at Michigan auctions by Lessor and/or Lair on behalf of Auto Connection or Sales & Service. 21. All of the vehicles referenced in Paragraph 18 had been declared “total loss” vehicles by their previous owners’ insurance companies as a result of major accidents, but did not contain a title brand of “salvage” or “rebuilt.” 22. All of the vehicles referenced in Paragraph 18 should have been declared “salvage” vehicles when obtaining Indiana titles and their titles labeled with “salvage” title brands. 23, Michigan titles were provided through the various Michigan auctions to Auto Connection or Sales & Service for all the vehicles referenced in Paragraph 18 and the titles typically listed an insurance company as the last owner of the vehicle, iozae 10 CCAE CAE Empire ccAc CCAE CAE CAE ccac CCAR CAE CAE CAE CCAE CAE CCAE CCAE24, ions, Auto Connection or Sales & Service would sell the “total loss” vehicles directly to consumers, but in most instances, Auto Connection or Sales & Service would transfer the “total Joss” vehicles to Auto Exchange for sale to unsuspecting consumers 25. Auto Connection represents on its website “every vehicle that we get as a trade-in or from auction, gées through a complete 102-point inspection.” ~~ 26. Ominformatior-ane belief, Auto Connection does not performra102-point- — inspection” on vehicles it acquires from auctions. 27. Afer Auto Connection or Sales & Service transferred the “total loss” vehicles referenced in Paragraph 18 to Auto Exchange, Auto Exchange would apply to the Indiana BMV for clean titles in its name, thus removing the insurance companies as the listed owner of the vehicles, 28. Auto Exchange did not request the Indiana BMV designate the vehicles referenced in Paragraph 18 as “salvage.” 29. ‘The Defendants did not properly rebuild for use on Indiana roads the vehicles referenced in Paragraph 18 in accordance with Indiana law, have the vehicles and any repairs inspected by a police officer for compliance with Ind, Code § 9-22-3 et seq., nor submit the required affidavits regarding restoration of the vehicles to the Indiana BMV. 30. In the transactions involving “total loss” vehicles referenced in Paragraph 18 above, the Defendants failed to disclose to the consumers, before or after the sale, that the vehicles were previously in major accidents, were declared “total loss” vehicles, or should have been labeled with “salvage” and subsequently “rebuilt” title brands prior to operation of the vehicles on Indiana road isos ul31. Inthe transactions involving “total loss” vehicles referenced in Paragraph 18 above, the Defendants affinmatively represented to consumers prior to sale through a disclosure that the “total loss” vehicles did not have “salvage” or “rebuilt” titles. 32. ‘The written disclosures provided by the Defendants referenced in Paragraph 31 implied to the consumers the “total loss” vehicles were not in need of “salvage” or “rebuilt” titles. — Pree eee eet 33. Oninformation and belief, the Defendants orally misrepresented the mechanical quality, safety, and performance of the vehicles referenced in Paragraph 18 to the purchasing consumers, 34, The Defendants purchased the vehicles referenced in Paragraph 18 at low prices from salvage auto auctions, reflecting the vehicles’ recent major accidents and “total loss” designations, 35, The Defendants typically sold the vehicles referenced in Paragraph 18 at or above the “clean retail price” stated in the National Automotive Dealers Association (“NADA”) Used Car Guide. 36. The Defendants charged the consumers referenced in Paragraph18 the NADA “clean retail price” despite the vehicles having recent involvement in major accidents resulting in the vehicles being declared “total losses.” 37. ‘The Defendants arranged financing for all consumers referenced in Paragraph 18 through transactions that most often charged the consumers interest rates on the “total loss” vehicles in excess of 20%, up to 24.95%. nisea9 238. Many of the financing companies through which the Defendants arranged financing for the consumers referenced in Paragraph 18 do not knowingly extend financing for vehicles that were previously declared “total loss,” “salvage,” or “rebuilt.” 39. ‘The Defendants failed to inform the various finance companies that the vehicles referenced in Paragraph 18 were “total loss” vehicles. 40. ~The Defentlants Would have been unable to obtain financing for the consumers~ — referenced in Paragraph 18 through finance companies not owned by the Defendants, had the Defendants disclosed the vehicles’ “total loss” designations. 41. Many of the consumers referenced in Paragraph 18 experienced severe mechanical and safety issues with their vehicles soon after purchasing them from the Defendants, 42. The Defendants sold extended warranty contracts to many consumers referenced in Paragraph 18 to cover future repair costs to their vehicles. 43, ‘The Defendants charged the consumers referenced in Paragraph 18 who purchased extended warranty contracts between two hundred ninety-nine dollars ($299.00) and two thousand, one hundred ninety-five dollars ($2,195.00) for the extended warranty contracts. 44, On information and belief, the extended warranty contracts sold by the Defendants to many of the consumers referenced in Paragraph 18 would fail to cover many of the problems the consumers could and would experience with their vehicles due to the vehicles previously being involved in major accidents and not properly being repaired, and thus having major pre-existing mechanical issues. 45. On information and belief, many of the vehicles referenced in Paragraph 18 were ‘eventually repossessed due to the combination of the Defendants’ exorbitant selling prices, high interest rates, and the vehicles being mechanically unsound and unsafe due to the vehicles’ nise289 13involvement in previous major accidents resulting in their “total loss” status, coupled with the Defendants? failure to conduct and document necessary repairs prior to sale, thus depriving consumers of their down payments, any monthly payments made, as well as negative treatment on their credit reports. 46. During all applicable times, Auto Exchange advertised on its website that it was a “BBB [Better Business Bureau] Accredited” business. Ge cee eee ete 47. Oninformation and belief, Auto Exchange was not a “BBB Accredited” business during all or some of the time periods Auto Exchange advertised the accreditation, COUNT I - VIOLATIONS OF THE DECEPTIVE CONSUMER SALES ACT 48. The Plaintiff realleges Paragraphs I through 47 of this Complaint. 49. The transactions referred to in this Complaint are “consumer transactions” as defined by Ind. Code § 24-5-0.5-2(a)(1), 50. The Defendants are “suppliers” as defined by Ind, Code § 24-5-0.5-2(a)(3). 51. The Defendants, through their representations that vehicles they sold were not “salvage” or “rebuilt” vehicles, misrepresenting the quality of vehicles sold, that extended warranty contraets sold would cover numerous repairs to the vehicles, mistepresenting BBB accreditation, as well as representing an inspection had been performed on the vehicles, violated Ind. Code § 24-5-0,5-3(b)(1) by representing that consumer transactions had sponsorship, approval, performance, characteristics, uses, or benefits they did not have, which the Defendants knew or reasonably should have known they did not have, 52, ‘The Defendants, through theic representations that vehicles they sold were not “salvage” or “rebuilt vehicles,” misrepresenting the quality of vehicles sold, as well as representing an inspection had been performed on the vehicles, violated Ind. Code § 24-5-0.5- uigo299 43(b)(2) by representing that the vehicles were of a particular standard, quality, grade, style, or model, when they were not, and the Defendants knew or reasonably should have known they were not, 53. ‘The Defendants, through their representations that extended warranty contracts, would cover numerous repairs to the vchicles when the extended warranty contracts would not, "Violated Ind. Code § 24-5-0.5-3(6)(8) by representing that a consumer transaction involved or ~— — did not involve a warranty, a disclaimer of warranties, or other rights, remedies, or obligations, if the representation is false and the Defendants knew or reasonably should have know that the representation was false, COUNT Il UNCONSCIONABLE ACTS IN VIOLATION OF THE DECEPTIVE CONSUMER SALES ACT 54, The Plaintiff realleges Paragraphs 1 through 53 of this Complaint. 55. ‘The transactions referred to in this Compiaint are “consumer transactions” as defined by Ind, Code § 24-5-0.5-2(a)(I). 56. ‘The Defendants are “suppliers” as defined by Ind. Code § 24-5-0.5-2(a)(3). 57. The Defendants’ contracts with consumers for the sale of “total loss” motor vehicles, coupled with the Defendants’ failure to disclose to consumers the “total loss” status of the vehicles, and the “clean retail” price charged by the Defendants to consumers for the “total loss” vehicles, was unconscionable, and therefore constitute deceptive acts, as the contracts contained terms that were oppressively one-sided and contained a price that was unduly excessive, in violation of Ind, Code § 24-5-0.5-10(b). COUNT IIT; UNFAIR AND/OR ABUSIVE PRACTICES IN VIOLATION OF THE DECEPTIVE CONSUMER SALES ACT 58, ‘The PlaintifT realleges Paragraphs 1 through 57 of this Complaint. 1180289 1559. The transactions referred to in this Complaint are “consumer transactions” as defined by Ind, Code § 24-5-0.5-2(@)(1). 60. ‘The Defendants are “suppliers” as defined by Ind, Code § 24-5-0.5-2(a)(3). 61. The Defendants, through their representations, both implicit and explicit, pertaining to the quality of vehicles they sold, representations that vehicles were not “salvage” or “rebuilt” when the Vehicles should have been branded'as such, selling “total loss” vehicles t~— — —- — consumers without disclosing the designation to consumers, selling warranties that would not Cover numerous listed repairs on consumers’ vehicle, misrepresenting BBB accreditation, as well as selling “total loss” vehicles at “clean retail” prices and at extremely high interest rates, violated Ind. Code § 24-5-0.5-3(a), by committing unfair and abusive practices in connection with consumer transactions, COUNT IV: IMPLIED MISREPRESENTATIONS IN VIOLATION OF THE DECEPTIVE CONSUMER SALES ACT 62. ‘The Plaintiff realleges Paragraphs 1 through 61 of this Complaint. 63. ‘The transactions referred to in this Complaint are “consumer transactions” as defined by Ind. Code § 24-5-0.5-2(a)(1). 64. The Defendants are “suppliers” as defined by Ind, Code § 24-5. (a3). 65. ‘The Defendants, through implied representations pertaining to the quality of its vehicles, and representations that vehicles were not “salvage” or “rebuilt” implying the vehicles should not have been branded as such, violated Ind. Code § 24-5-0.5-3(a), by committing implicit deceptive acts in connection with consumer transactions. COUNT V: DECEPTIVE OMISSIONS IN VIOLATION OF THE DECEPTIVE CONSUMER SALES ACT 66. The Plaintiff realleges Paragraphs | through 65 of this Complaint. uiso28s 1667. ‘The transactions referred to in this Complaint are “consumer transactions” as defined by Ind. Code § 24-5-0.5-2(a)(1). 68. ‘The Defendants are “suppliers” as defined by Ind. Code § 24-5-0.5-2(a)(3). 69. The Defendants, by failing to disclose vehicles sold to consumers were “total Joss” vehicles and were not properly rebuilt in accordance with Indiana law governing salvage vehicles, violated Ind. Code-§'24-5-0:5-3(a); by committing deceptive omissions itrconnection — —- — with consumer transactions, COUNT VI: VIOLATIONS OF THE SALVAGE MOTOR VEHICLES ACT 70. The Plaintiff realleges Paragraphs I through 69 of this Complaint 71. The Defendants, by failing to apply for and obtain a certificate of salvage title for each of the vehicles referenced in Paragraph 18, violated Ind, Code § 9-22-3-3 and Ind. Code § 9-22-3-11(), 72. ‘The Defendants, by failing to properly repair and restore the vehicles referenced in Paragraph 18, failing to document through affidavit any repairs or restorations made to the vehicles, and failing to have the repairs inspected by a police officer, violated Ind. Code § 9-22- 3-8 and Ind. Code § 9-22-3-15. 73. ‘The Defendants, by failing to apply for and obtain a title with a “rebuill” title designation for the vehicles referenced in Paragraph 18 after “rebuilding” the vehicles for use on Indiana roads, violated Ind. Code § 9-22-3-15. 74, ‘The Defendants, by failing to disclose in writing to the consumers referenced in Paragraph 18 that the vehicles had been “rebuilt” by the Defendants, violated Ind, Code § 9-22- 3-185 0289 775. Ind, Code § 9-22-3-37 provides the violations set forth in Paragraphs 69-72 constitute deceptive acts subject to the remedies and penalties under Ind, Code § 24-5-0.5. OUNT Vil: KNOWING VIOLATIONS OF THE DECEPTIVE CONSUMER SALES ACT 76. ‘The Plaintiff realleges Paragraphs 1 through 75 of this Complaint. 77. The deceptive acts set forth in Paragraphs 51-53, 57, 61, 65, 69, and 71-74, were committed by the Defendants with knowledge of their deceptive acts. COUNT VII: INCURABL] CO) EPTIVE ACTS UNDER THE DECEPTI ISUMER SALES ACT 78. The Plaintiff realleges Paragraphs 1 through 77 of this Complaint. 79. The deceptive acts set forth in Paragraphs 51-53, 57, 61, 65, 69, and 71-74 were committed by the Defendants as part of a scheme, artifice, or device with intent to mislead, RELIEF ‘ORE, the Plait ; State of Indiana, requests the Court enter judgment against the Defendants, Cirele City Auto Exchange Inc., Circle City Auto Connection Ine., Circle City Sales & Service Inc., Empire Auto Group Limited, and Amy Lait, Brandi Pierson, and Shawn Lessor, individually and all doing business as Circle City Auto Exchange Inc., Citele City Auto Connection Inc., Circle City Sales & Service Inc., and Empire Auto Group Limited, for the following relief: a) A permanent injunction, pursuant to Ind. Code § 24-5-0.5-4(c)(1), enjoining the Defendants, their agents, representatives, employees, successors, and assigns, from: 1) Representing that the subject of a consumer transaction has charaeteristies, uses or benefits it does not have, which the Defendants know or should a089 18igoza9 b) reasonably know it does not have, in violation of Ind. Code § 24-5-0.5- 3(b)(1). 2) Representing that the subject of a consumer transaction is of a particular standard, quality, grade, style, or model, when it is not, which the Defendants know or should reasonably know it is not, in violation of Ind, Code § 24-5- 0:5-3(b)(2)r — Se 3) Representing that a consumer transaction involves or does not involve a warranty, a disclaimer of warranties, or other rights, remedies, or obligations, if the representation is false and the Defendants know or should reasonably know that the representation is false, in violation of Ind. Code § 24-5-0.5- 3008). 4) Committing an unfair, abusive, or deceptive practice or omission, either explicit or implicit, in connection with a consumer transaction, in violation of Ind, Code § 24 .5-3(a), 5) Committing an unconscionable act in violation of Ind, Code § 24-5-0.5-10(). 6) Failing to obtain salvage and rebuilt titles for “total loss” vehicles in accordance with Ind. Code § 9-22-3-3. 7) Selling a vehicle that has been declared a “total loss” vehicle without first disclosing the vehicle's “total loss” status in writing to the purchaser. Consumer restitution, pursuant to Ind. Code § 24-5-0.5-4(d), payable to the Office of the Attorney General for the benefit of, including but not limited to, the consumers referenced in Paragraph 18 who unknowingly purchased “total loss” vehicles, in an amount to be determined at trial 19©) Costs, pursuant to Ind, Code § 24-5-0.5-4(c)(3), awarding the Office of the Attorney General its reasonable expense incurred in the investigation and prosecution of this action. 4) Civil penalties, pursuant to Ind. Code § 24-5-0.5-4(g), on Count VII of the Plaintiff's Complaint, for the Defendants’ knowingly committing deceptive acts, — in the amount of five thousand-dollars-(85,000,00) per-violation; payabletothe— — .— .— State of Indiana ©) Civil penalties, pursuant to Ind, Code § 24-5-0.5-8, on Count VIII of the Plaintiff's Complaint, for the Defendants’ incurable deceptive aets, in the amount of five hundred dollars ($500.00) per violation, payable to the State of Indiana. f) —Alllother just and proper relief Respectfully submitted, Gregory P. Zoeller Indiana Attorney General Aity. No, 1958-98 By Mark er Deputy Atfomey General Aity, No, 29495-49 Office of Attorney General Indiana Goverment Center South 302 West Washington Street, Fifth Floor Indianapolis, IN 46204 ‘Telephone: (317) 234-6784 Fax: (317) 233-4393 Mark Snodgrass@atg.in.gov niaoas9 20CERTIFICATE OF SERVICE Service of the foregoing was made by placing copies of the same into the United States mail, first class postage prepaid, this | day of July, 2016, addressed to the following: Mario Garcia — = John Moltoy~ _ — a se eS ee ee BRATTAIN MINNIX GARCIA 151 N. Delaware St., # 760 Indianapolis, IN 46204 Mark Silas Deputy Attorney General Atty. No. 29495-49. Office of Attomey General Indiana Goverment Center South 302 West Washington Street, Fifth Floor Indianapolis, IN 46204 ‘Telephone: (317) 234-6784 Fax: (317) 233-4393 nodgrass@atg.in,gov 1sos9 2