What's the news?
A Galway-based car dealer has been successfully prosecuted and forced to pay compensation for engaging in a misleading commercial practice.
Kevin McGann, previously trading as KMM Motors, Claregalway Road, has been convicted of providing a consumer with false information regarding a car he had for sale. Specifically, Mr McGann was prosecuted for not telling a customer that a car they were buying had been previously crashed, and "provided with false information regarding the existence of a warranty."
The prosecution was brought by the Competition and Consumer Protection Commission (CCPC) under the Consumer Protection Act 2007. Mr McGann was told to pay €7,405.85 to the affected customer, and to pay the €9,500 legal costs accrued by the CCPC in the course of the prosecution. It was the second time that Mr McGann has been prosecuted for illegal trading practices. Previously, in 2008, he had been convicted for providing false information on a car's mileage, after a prosecution by the National Consumer Agency. At the time, he had been trading as Kilgarve Cars.
Commenting, Isolde Goggin, Chairperson of the CCPC said: "As recognised by Judge John King in his sentencing today, misleading a consumer about the history of a car is a very serious offence. Not only can it be costly but critically, it can be dangerous. Consumers need to be able to rely on accurate information from car dealers in relation to a vehicle's roadworthiness and its history, including mileage. Mr McGann's conviction is a strong reminder to all car traders that if you mislead consumers or provide consumers with false information about the history of a car or inclusion of a warranty, you are liable to a criminal prosecution.
"The CCPC has investigated and taken enforcement action against a number of traders in relation to the sale of clocked or crashed cars where such information was not disclosed to the consumer. Last year, we carried out a number of unannounced inspections at motor garages around Ireland which resulted in eight enforcement actions against traders who were in breach of consumer law. Over the coming months we will be conducting further unannounced inspections across the country and we will use our powers to challenge and take enforcement action against traders found to be misleading consumers."