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Michigan Attorney General Kelley Files Lawsuit Against Transmission Shop

25 February 1998

Michigan Attorney General Kelley Files Lawsuit Against Transmission Shop

    LANSING, Mich., Feb. 25 -- Attorney General Frank J. Kelley
and Secretary of State Candice S. Miller announced today that a lawsuit has
been filed against Eugene A. Duda and his business, Belleville Transmission
Service, 537 East Huron Drive, Belleville, for continuing to operate a motor
vehicle repair facility even though his repair facility registration and
mechanic certification were suspended for cheating customers.  The lawsuit was
filed in Wayne County Circuit Court.
    In December 1997, Duda's mechanic certification and the repair facility
registration were summarily suspended for making untrue statements of a
material fact, providing incomplete written statements, and charging for
repairs not performed.  A subsequent investigation by the Secretary of State's
office found that Duda is continuing to operate his business in direct
violation of the suspensions.
    Kelley's complaint alleges that Duda's actions are violations of both the
Motor Vehicle Service and Repair Act, which is administered by the Secretary
of State's Bureau of Automotive Regulation, and the Consumer Protection Act,
administered by the Office of the Attorney General.  Kelley is asking the
court to:

    *  issue preliminary and permanent injunctions to stop any further
       violations by Duda;
    *  void all consumer debts incurred after the suspensions;
    *  appoint a receiver to collect and return to consumers all monies
       collected by Duda after the suspensions;
    *  order fines of up to $50,000;
    *  require Duda to pay all court costs and attorneys' fees.

    Kelley said: "Any car repair facility that continues to operate after the
Secretary of State has suspended its license for cheating customers is a clear
threat to consumers' wallets.  We will do our utmost to protect consumers in
this case."
    Kelley added:  "Having taken numerous enforcement actions against car
repair facilities, especially transmission shops, we cannot emphasize strongly
enough the need to deal with reputable licensed firms when getting a car

SOURCE  Michigan Attorney General