Auto fraud litigation · Washington, D.C.
DC Auto Fraud Attorney: Suing Car Dealers Under the Consumer Protection Procedures Act
Sue Your Dealer – A Law Firm is a DC auto fraud attorney for buyers whose dealer misrepresented a car, hid its history, padded the contract, or took it back without the right to. Attorney Joshua Feygin is admitted in Washington, D.C., and represents District consumers under the Consumer Protection Procedures Act and the Federal Odometer Act.
D.C. dealer fraud, at a glance
D.C. Dealer Fraud Law at a Glance
How it works
How Does a D.C. Dealer Fraud Case Proceed?
1
Free case evaluation
Tell us what happened and upload the buyer's order, contract, odometer statement, and any ads or messages. An attorney reviews it in the order received.
2
Document review and demand
If we can assist, you sign a retainer by email. We pull the title history and send the dealer a written demand laying out the statute we contend it violated and what we contend it owes.
3
Settlement or suit
Most dealers respond to the demand. If not, we file in the D.C. Superior Court. Some cases proceed on contingency, with the firm seeking its fees from the dealer where the statute allows; others are handled on a flat-fee or hourly basis, set out in the retainer agreement.
What Counts as Car Dealer Fraud Under D.C. Law?
The District protects you with one broad statute rather than a dealer-specific one: the Consumer Protection Procedures Act, D.C. Code § 28-3901 et seq. (the CPPA), which establishes an enforceable right to truthful information about goods sold in the District and which courts must construe liberally (§ 28-3901(c)). A used car is a consumer good. A dealership is a merchant.
Section 28-3904: the list of unlawful trade practices
D.C. Code § 28-3904 lists practices that are unlawful whether or not any consumer is in fact misled, deceived, or damaged. You do not have to prove the dealer intended to deceive you or that you relied on the lie. The subsections that carry most dealer cases:
- § 28-3904(a) — misrepresenting a vehicle's characteristics, uses, or benefits;
- § 28-3904(d) — representing that a vehicle is of a particular standard, quality, or grade when it is not;
- § 28-3904(e) — misrepresenting a material fact that has a tendency to mislead;
- § 28-3904(f) — failing to state a material fact where the omission tends to mislead;
- § 28-3904(f-1) — using innuendo or ambiguity about a material fact;
- § 28-3904(h) — advertising a vehicle without the intent to sell it as advertised;
- § 28-3904(r) — making or enforcing unconscionable contract terms.
Subsection (f) does most of the work. A salvage title, a prior rental, a flood history, or a frame repair is generally a material fact, and a dealer that knew it and said nothing to you may have violated the statute even if nobody asked.
The D.C. Automobile Consumer Protection Act and the used-car disclosure rule
Chapter 5 of Title 50 is mostly the District's new-car lemon law, but D.C. Code § 50-505 reaches used-car dealers directly. It requires written notice to the buyer of any known material mechanical defect, of damage from fire, water, collision, or other causes costing more than $1,000 to repair, and of whether the dealer inspected the vehicle. The implementing rule, 16 DCMR § 1421, puts the disclosure on the car order and bill of sale in the largest type size on the form. Skipping it can be a license violation and a § 28-3904(f) omission.
The Federal Odometer Act
Mileage fraud carries its own federal remedy. Under 49 U.S.C. § 32710, a person who violates the odometer disclosure rules with intent to defraud is liable for three times actual damages or $10,000, whichever is greater, plus costs and attorney's fees.
Around these sit the D.C. salvage and flood title statute (D.C. Code § 50-1331.01 et seq.), the District's UCC Article 9 on repossession (§ 28:9-609 et seq.), the motor vehicle sales and financing rules in 16 DCMR Chapter 3, the FTC Used Car Rule, the Magnuson-Moss Warranty Act, and the Truth in Lending Act.
What Cases Does a Washington DC Car Dealer Fraud Lawyer Handle?
Eight claim types, and how each maps onto District law.
Odometer rollback
Federal claim under 49 U.S.C. § 32710 for the greater of 3× actual damages or $10,000, plus a CPPA claim under § 28-3904(a) and (e). D.C. Code § 50-506 requires the odometer reading on the title at every transfer, which is where the paper trail begins.
Undisclosed salvage or rebuilt title
D.C. Code §§ 50-1331.05 and 50-1331.06 allow transfer only on a Salvage or Rebuilt Salvage Title, and § 50-1331.03 requires written flood notice before transfer. Selling you a branded car as clean may be a § 28-3904(f) omission and a § 50-505 failure.
Undisclosed prior rental or fleet use
The claim runs through § 28-3904(d) and (f): prior rental, fleet, or livery use is generally a material fact about the car you bought, and hiding it tends to mislead.
Dealer fees and advertised price
Advertising one price and charging you another may violate § 28-3904(h). DLCP has stated that a dealer must post prices conspicuously before the transaction. Dealer fee and charge practices are also regulated under 16 DCMR Chapter 3.
Spot delivery and yo-yo financing
You drove off, then the dealer said financing fell through and demanded worse terms or the car back while keeping your down payment or trade-in. Down payments and contract delivery for dealer sales are addressed in 16 DCMR Chapter 3; the bait-and-switch may fall under § 28-3904(h) and (r).
Wrongful repossession
D.C. Code § 28:9-609 allows self-help repossession only without a breach of the peace; §§ 28:9-611 and 28:9-614 require a notice before the car is sold; § 28:9-625 gives a consumer debtor a statutory minimum recovery when the lender fails to comply.
GAP and add-on products
You paid for GAP or a service contract that was never forwarded or never agreed to. Unauthorized charges by dealers are also addressed under 16 DCMR Chapter 3; a charge for a product you did not receive may be a § 28-3904(a) misrepresentation.
Trade-in payoff failures
The dealer took your trade-in, promised to pay off the lien, and didn't, and the late payments landed on your credit. The failure may be actionable under the CPPA; the credit reporting piece goes to Sue Your Credit Report.
Manufacturer warranty and new-vehicle lemon law claims under D.C. Code § 50-502 (18,000 miles or two years, arbitration before suit) go to our sister firm, Lemon Aid Firm.
What Can You Recover From a D.C. Car Dealer?
Under D.C. Code § 28-3905(k)(2), a consumer who proves a violation may recover:
- Treble damages or $1,500 per violation, whichever is greater.
- Punitive damages where the dealer's conduct warrants them.
- Reasonable attorney's fees. Fee shifting is what makes a case over a $2,000 hidden fee economical.
- An injunction, restitution of money or property, and any other relief the court finds proper.
Stacking matters. A dealer that misrepresented the mileage, omitted the salvage brand, and charged above the advertised price may have committed three separate practices, and the statute sets the $1,500 floor per violation. Where the Odometer Act applies, its $10,000 floor and mandatory fee award run alongside.
These are statutory amounts set by law, not results in any case. What a client recovers depends on the facts and the dealer's ability to pay.
How Do You Sue a Car Dealership in Washington, D.C.?
- Evaluation and document review You submit the buyer's order, retail installment contract, title and odometer documents, Buyers Guide, ads, and correspondence through the free case evaluation. An attorney identifies which subsections of § 28-3904 the facts fit. If we can assist, you receive an intake questionnaire and a retainer agreement.
- Demand to the dealer The CPPA does not require a pre-suit demand before you file. We send one anyway: a demand that identifies each unlawful practice, the treble-damages exposure, and the fee provision often resolves the matter and records what the dealer knew.
- The agency route A complaint may be filed with the Department of Licensing and Consumer Protection under § 28-3905(a), and the D.C. Office of the Attorney General's Office of Consumer Protection mediates complaints and brings enforcement actions under § 28-3909, with civil penalties of up to $5,000 per violation. An agency complaint does not replace your private claim or stop the limitations clock.
- Filing suit If the demand fails, we file in the Superior Court of the District of Columbia, or in the U.S. District Court for the District of Columbia when an Odometer Act claim supports it. An arbitration clause moves the same claims to arbitration.
- Discovery and resolution The deal jacket, auction condition report, prior title history, advertising, and F&I paperwork are where the case is built. Then it resolves by agreement or goes to trial.
- Fees In most cases we accept, we don't charge you up front. We seek fees from the dealer under § 28-3905(k)(2)(B) or 49 U.S.C. § 32710; the retainer agreement sets out fees and costs at settlement.
The CPPA borrows its deadline from D.C. Code § 12-301; the Odometer Act (49 U.S.C. § 32710(b)) and Chapter 5 of Title 50 (§ 50-507) each set their own, separate deadline. The clock can start earlier than people expect. Which deadline applies to a particular purchase depends on the claim and the facts, and is a question for an attorney who has reviewed the documents.
How Sue Your Dealer Handles Washington, D.C. Matters
Attorney Joshua Feygin is admitted in the District of Columbia and Florida. The firm's office is in Hollywood, Florida, by appointment only; we do not maintain an office in the District and walk-in visits aren't accepted. Dealer fraud cases are document cases, reviewed by email and video. Filings are made in D.C. Superior Court and the U.S. District Court for the District of Columbia, with hearings attended in person or remotely as the court permits.
D.C. dealers hold a Basic Business License from DLCP in the Motor Vehicle Dealer category and register with the DC DMV for dealer tags. 16 DCMR Chapter 3 governs dealer licensing, contracts, advertising, down payments, financing, and repossession, and a violation is grounds for license discipline. We use that leverage when it helps.
Every case starts with the free evaluation; if an attorney can assist, you'll receive an intake questionnaire and retainer agreement. See about the firm and the auto fraud attorney FAQ.
Questions for a DC Auto Fraud Attorney
Can I sue a car dealership in D.C. for lying about a car?
Do I have to prove the dealer intended to deceive me?
Does "as is" mean I can't sue a D.C. dealer?
Is there a cooling-off period for car purchases in Washington, D.C.?
How much does a Washington DC car dealer fraud lawyer cost?
Did a D.C. dealer take you for a ride?
Submit a free case evaluationUpload your documents and an attorney admitted in Washington, D.C. will review them. No cost, no obligation.
This page is attorney advertising and general information, not legal advice. Reading it does not create an attorney-client relationship. Results depend on the facts and law of each matter; prospective clients may not obtain similar results. Statutory damages described are as set by law and are before deductions for attorney's fees and costs. Sue Your Dealer – A Law Firm, Hollywood, Florida · By appointment only · (954) 321-0507.
