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NY AG Secures $1.17M+ in Consumer Refunds and $700K Penalty from DARCARS Dealerships for Deceptive Junk Fees and Add-Ons

DARCARS of Railroad Avenue, Inc. (DARCARS Lexus) and MT Kisco Automotive, LLC (DARCARS BMW)September 16, 2026New York Attorney General

Penalty Amount

$700,000

Summary

New York Attorney General Letitia James secured a settlement with two Mt. Kisco car dealerships, DARCARS Lexus and DARCARS BMW, that deceptively charged a two percent 'sales commission' fee that was optional, provided no consumer benefit, and was never paid to the salesperson, and that misleadingly bundled a low-value aftermarket product ('DARCARS Assurance') into sales and lease agreements as if it were mandatory. The dealerships will pay more than $1.17 million in consumer refunds (with potentially millions more through a claims process) plus $700,000 in penalties. They must clearly disclose all future fees and add-ons, are banned from selling DARCARS Assurance or similar junk bundles at any New York dealership, and must conduct annual fair-business-practices training for all employees.

Remedy

DARCARS Lexus will pay $892,671.26 to reimburse all consumers charged the sales commission fee between October 23, 2021 and May 30, 2022, and both dealerships will pay an additional $281,847.72 ($116,849 to DARCARS Assurance complainants and $164,998.72 to deceptive-fee complainants). Consumers charged after May 2022 will receive claims forms, with restitution owed on all valid claims that could push total refunds into the millions. The dealerships must pay $700,000 in penalties, have stopped charging sales commissions, must clearly disclose all future fees and add-on products or services, are banned from offering or selling DARCARS Assurance or any similar junk bundle at any New York dealership, and must subject all employees (including sales, finance, marketing, and advertising personnel) to annual training on fair business practices.

Consumer RefundsMonetary PenaltyInjunctionBanCompliance Program

Contract Impact

In-house teams—particularly at dealerships, franchise retailers, or any consumer-facing business that charges line-item fees—should review customer-facing sales contracts, lease agreements, and purchase paperwork for pre-printed fee line items (especially fees styled as 'sales commissions' or marked 'not required by law') and ensure each optional fee is expressly disclosed as voluntary, with its benefit and recipient clearly explained. Advertising and pricing policies should be aligned with transaction documents so advertised prices are not undercut by later-added mandatory-looking charges (all-in pricing). Contracts and point-of-sale disclosures for bundled aftermarket or add-on products should state plainly that the products are optional and describe their actual consumer value, and vendor agreements for those products should be checked for indemnification and refund/restitution obligations arising from mis-selling. Finally, employee training obligations and compliance-program clauses covering sales, finance, marketing, and advertising personnel should be added or updated to require annual fair-business-practices training.

Contract Search Terms

fee disclosureoptional feesales commission chargeadd-on productsaftermarket productsjunk feesadvertised pricemandatory vs optional chargespurchase and lease agreementsemployee training

Violation Types

Entity Details

Entity

DARCARS of Railroad Avenue, Inc. (DARCARS Lexus) and MT Kisco Automotive, LLC (DARCARS BMW)

Industry

Automotive

Official Sources

Source Evidence

Entity Name
"DARCARS of Railroad Avenue, Inc. (DARCARS Lexus) and MT Kisco Automotive, LLC (DARCARS BMW)"
Event Date
"September 16, 2026"
Fine Amount
"DARCARS will also pay $700,000 in penalties."
Remedy Types
"secured more than $1 million in refunds for New Yorkers who were unfairly overcharged by two Westchester car dealerships"
Remedy Summary
"DARCARS Lexus will pay a total of $892,671.26 to reimburse all consumers who were charged the sales commission fee between October 23, 2021 and May 30, 2022. Both DARCARS dealerships will also pay additional reimbursements totaling $281,847.72."
Violation Types
"imposed a two percent charge on consumers that was deceptively presented as a sales commission, even though it was not paid directly to the salesperson, was completely optional, and provided no benefit to the consumer"

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