10002751

Brown v. CincyAutos, Inc.

CincyAutos, Inc.

08-CV-372

1/20/2009

U.S. Dist. Ct., S.D. Ohio, W. Div.

16 CFR 455, 16 CFR 455.2(c), 16 CFR 455.2(e), 16 CFR 455.1

Automotive

FTC ACTS AND REGULATIONS

Plaintiff purchased a motor vehicle from Defendant. The Buyers Guide was affixed to the window of the vehicle as required by 16 CFR 455 and had all necessary warranty information and other required information, except that it did not include the name and address of the dealer and the name and telephone number of a person to contact in case of complaints that might arise after the sale as required by 16 CFR 455.2(c) and (e). The Court found that the failure to include the required information was a violation of 16 CFR 455.1. The Court found that this violation was a violation of the CSPA. The Court found that neither Title 16 nor the CSPA provide for a bona fide error defense as to liability, but that such a defense can affect a damages award.