nicholas johnson mug shot
Nicholas Johnson, 33, of Port Richey, Florida.
Pasco County Sheriff's Department



Possible Civil Remedies



"The unhappy consumer may also have a claim under the Florida Deceptive Trade Practices Act," adds Murphy. That law covers a broad range unfair methods of competition, unconscionable and unlawful acts. A repair facility (or person) who violates any state law, as discussed above, would have a case under the DTPA.

"And if the consumer lives in a county that's adopted the typical consumer protection ordinance, there is usually a specific section dedicated to auto repair shops," Murphy says.

"Lastly, there are possible claims for fraud, misrepresentation, negligence misrepresentation, and fraud and inducement," he says. Similar laws exist in all states.

Settle for Restitution

But the bad news? "It's unlikely that an attorney would take a case against a guy using Play-Doh to fix cars who's in the hoosegow," Murphy says. Johnson won't have any money, and there's no bond or insurance, as there would be if the "repairs" had been done by a real body shop.

However, consumers can and should contact the local state attorney who is prosecuting Johnson criminally. "The state attorney is required to consider the interests of the victims," Murphy says.

When Johnson is sentenced, a victim impact statement can provide for restitution for the victims. "So consumers should contact the local state attorney handling the matter, and forward evidence of their damages," recommends Murphy.