The Sedgwick County District Attorney’s Office said a Wichita car dealer will pay a consent judgment of over $418,000 for failing to reveal that cars had blown airbags before selling them to consumers in 2023.
The judgment was reached with Carnation, LLC at 1301 East Lincoln. Prosecutors said the dealership had violated a previous consent judgment under the Kansas Consumer Protection Act. The DA’s Consumer Protection Division had received a complaint from someone who had purchased a car from the dealership. The consumer later found an airbag simulator device installed in the car which disabled the airbag light on the dash, concealing the fact that the airbag had been deployed. Further investigation by the Consumer Protection Division found 12 more cars sold by Carnation LLC in the first quarter of 2023 alone with blown airbags that were not replaced. Carnation failed to disclose these blown airbags when selling the cars to consumers, and the DA’s Office said this violated a consent judgment from 2019.
The court ordered Carnation LLC to pay $2,000.00 per car in restitution to each of 12 consumers for a total of $24,000.00. One consumer has received restitution. Carnation was
also ordered to pay $390,000.00 in civil penalties, as well as court costs and investigation fees. In addition, the court revoked Carnation LLC’s license to do business in the State of Kansas and issued a permanent injunction against Carnation LLC from selling any motor vehicles within the State of Kansas.
The District Attorney is reminding car buyers to exercise care when shopping for a used vehicle. Devices can be used to conceal that a car is missing functioning airbags, even if inspected by a mechanic. It is important to also examine a Carfax or similar history of the vehicle before purchase to identify any crashes that may have resulted in the deployment of airbags. It’s also recommended that the consumer perform a general online search of the VIN number of a prospective car purchase, which can often reveal photos of prior damage to the car.
