We have previously reported about Autofraud involving emissions testing. In a recent case involving the sale of a used car that did not pass emissions to a consumer that lived in a “clean air” county, the court upheld the consumer assertion that this was an unfair business practice. In the case of Urbani v. Guaranteed Auto, Fulton County Case No. 11-MS-137464, the dealer Guaranteed Auto sold the plaintiff consumer a car that did not pass emissions. The dealer claimed that it was protected from legal action for this conduct by its “as is” window sticker and statement. The Court rejected this argument:
Therefore, the Defendants induced the Plaintiff into signing purchase documents containing as-is terms, knowing that the car could not meet emissions testing, and, while making promises to repair the car, having no intention to do so. It is tantamount to promising the car will be repaired while presenting documents relieving them of any obligation to fulfill their promise.
Plaintiff has asked for relief, inter alia, for rescission and restitution, fraud, as well as violations “Fair Business Practices Act” found at O.C.G.A. § 10-1-391 et seq. O.C.G.A. § 10-1-393(a) states: “Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are declared unlawful.” The Court specifically finds the conduct of this transaction to have both unfair and deceptive.