County Attorney Files Civil Lawsuit Against Body Shop Accused Of Deceiving Consumers
Seeks an injunction against further illegal activities by the defendant
On Friday June 13, 2008 El Paso County Attorney José R. Rodríguez filed a civil lawsuit against Geminis Body Shop -located at 11155 Rojas Dr #B, El Paso TX 79936- alleging misleading business practices that harmed consumers seeking to repair damaged vehicles.
According to the lawsuit, Geminis Body Shop and their agents performed unauthorized work on vehicles, misrepresented the quality of repairs performed by delivering services that did not meet insurance specifications, and overcharged consumers.
The decision to seek a civil injunction against the defendant was made as a result of the County Attorney's Office and the Texas Attorney General's Office receiving at least 13 deceptive business complaints from El Paso residents.
The lawsuit alleges Geminis Body Shop violated and continues to violate the Texas Deceptive Trade Practices Act. The suit further states that defendant committed fraud by misrepresenting services and quality of the parts provided, with full knowledge that those representations were false.
The County Attorney's Office is requesting the court to issue a permanent restraining order prohibiting Geminis Body Shop from:
- Representing that services have been performed in a good and workmanlike manner when that is not the case;
- Representing that services have been performed in accordance with the estimate provided to consumers' insurance companies, when that is not the case;
- Representing that services have been performed and parts supplied in accordance with insurance specifications, when that is not the case;
- Representing that parts used in the repair of vehicles are new, when that is not the case;
- Representing that Defendant is authorized by an insurance company to perform repairs on a consumer's vehicle, when that is not the case;
- Performing repairs on a vehicle when not authorized to do so by the vehicle's owner;
- Performing repairs on a vehicle when not authorized to do so by the owner's insurance company;
- Transferring, concealing, destroying, or removing from the jurisdiction of this Court any books, records, documents, invoices, or other written materials relating to the business of Defendant currently or hereinafter in Defendant's possession, custody or control except in response to further orders or subpoenas in this cause.
The suit further requests an order that the Defendant pay over $10,000 in restitution to all victims. A hearing on the case has been set for June 27, 2008 at 9:30 a.m. in the 327th District Court, Honorable Linda Chew presiding.
El Paso County Attorney José R. Rodríguez explained that his office is filing the civil lawsuit "to protect consumers against unlawful business practices."
"When business owners demonstrate total disregard for the law thereby hurting consumers, we have to step in to stop the abuse. We believe a civil injunction is the best option available to force the merchant to discontinue its deceptive practices, and to obtain restitution for the victims," Rodriguez said.
The County Attorney's Office is asking residents who might have fallen victims of fraud or deceptive trade practices by the defendant to contact the Civil Section of the County Attorney's Office at 546-2083.
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Gemini Injunction Press Release.pdf