Law360 recently asked Napoli Shkolnik attorney Nevin Wisnoski for a statement regarding Carvana’s response to Mountaineer Motor's Federal Lanham Act and State Unfair and Deceptive trade practices lawsuit against them.

“Like Enron, when one looks behind the curtain of Carvana, you realize the whole thing is a clout-based share-price driving scheme, one which has made the Garcia family billions—because of the objectively false advertising and other unfair or deceptive trade practices that allowed Carvana to illegally seize market share away from legitimate and law-abiding dealers in North Carolina, and nationwide. Carvana and the Garcias' respective motions to dismiss are without legal substance and last-ditch efforts to distract from reality. We anticipate the Court will be able to see through the continued smoke and mirrors show that has been the status quo of this failing company for years, and Ernest Garcia II for decades."

The suit has a potential for a national and state class of legitimate used car dealers. Allegations against Carvana include unfair and deceptive advertising and aims to obtain damages for market share obtained by Carvana's illegitimate business model of openly ignoring regulations and consumer protection laws in every jurisdiction.

Original Article: https://www.law360.com/articles/1593417/carvana-wants-nc-dealership-s-protectionist-suit-curbed