HARRISBURG, PA (October 9, 2023)(CNBNews)– Attorney General Michelle Henry announced a lawsuit against a Cambria County used vehicle dealer for illegally selling vehicles — many of them needing major repair — through Facebook Marketplace.
According to the lawsuit, David Gaida operated the Marketplace account under the name, “Dave’s Auto Sales,” but was not licensed to sell vehicles. Anyone selling more than five vehicles a year is considered a dealer and required to follow dealer guidelines, which Gaida did not do.
The suit alleges Gaida advertised vehicles as “roadworthy,” but in reality, the vehicles needed major repairs and many of them did not have valid titles.
“This man purported himself to be a trustworthy car dealer and broke consumers’ confidence in buying a reliable used vehicle,” Attorney General Henry said. “People and families depend on their cars to get them to work and vital appointments. These consumers were swindled into buying broken cars or cars that did not even have legitimate titles.”
Gaida allegedly refused to provide consumers with a written agreement of sale, failed to submit paperwork to the Pennsylvania Department of Transportation (“PennDOT”) to complete the certificate of title, and, in some cases, illegally repossessed the vehicle from the vehicle purchaser. Also, according to the lawsuit, Gaida did not have the required license to offer installment contracts to consumers.
The lawsuit calls on the court to order Gaida to:
- Pay restitution to all consumers who have suffered losses;
- Permanently prohibit Gaida from selling motor vehicles in Pennsylvania;
- Cancel all installment sales contracts provided by Gaida and release all liens against consumer’s property; and
- Pay civil penalties of $1,000 for each violation of the Consumer Protection Law and $3,000 for each violation involving a consumer age 60 or older.
Consumers who believe they or someone they know may have been a victim of Dave’s Auto Sales and/or David Gaida can file a complaint with the Bureau of Consumer Protection online at www.attorneygeneral.gov, by calling (800) 441-2555 or by emailing [email protected].
Repair facilities, dealers, or anyone else who may have information regarding the alleged business practices of David Gaida and Dave’s Auto Sales should also contact the Bureau. This lawsuit was filed by Senior Deputy Attorney General Paul D. Edger.