CJ-2026-113 - ACV Auctions Inc. v. Marivani Enterprises, LLC

What's This Case About?

Let’s get one thing straight: this is not a murder mystery. There are no shadowy figures, no bloodstained knives, no dramatic courtroom confessions. But what we do have? A corporate David versus Goliath showdown over $6,315 in unpaid auction fees — and honestly, it’s juicier than your average true crime podcast. ACV Auctions Inc., a slick online car marketplace based in Buffalo, New York, is suing Marivani Enterprises, LLC — a small-time Oklahoma dealership — because they bought four cars, drove them off (metaphorically speaking), and apparently ghosted the bill like a bad first date.

So who are these players? On one side, we’ve got ACV Auctions Inc., the self-proclaimed “Amazon of wholesale auto auctions,” where licensed dealers bid on used cars without ever having to leave their office — or, one assumes, put on real pants. They operate entirely online, connecting sellers and buyers across state lines with the kind of efficiency that makes eBay look like a yard sale. Their Terms of Service — which, by the way, are very important here — spell out the rules: if you win a bid, you pay. Not “maybe.” Not “I’ll get to it.” You pay. Specifically, within two business days. And part of that payment includes not just the price of the car, but also a “buyer fee” — basically a cover charge for being allowed to play the game.

Then there’s Marivani Enterprises, LLC, a limited liability company based right here in Lawton, Oklahoma — Comanche County, to be exact. They’re a licensed auto dealer, Dealer ID #77343, which means they’re not some random dude flipping cars out of a parking lot. They’re in the business. They know how this works. Or at least, they should.

Now, let’s talk about what went down — or rather, what didn’t go down: payment. Between November 13 and November 20, 2023, Marivani did what dealers do: they browsed, they bid, they won. Four times. Four separate vehicles, all purchased through ACV’s digital auction block. First, a 2012 Hyundai Elantra Touring with over 127,000 miles — bought for $1,650, plus a $175 buyer fee. Then a 2008 Nissan Altima with nearly 200,000 miles on the odometer — $1,300 plus another $175 fee. Then things got pricier: a 2012 Honda CR-V for $8,200, with a $360 fee. And finally, a 2013 Honda Accord for $6,150, tacking on $340 more in fees.

Now, here’s where the plot thickens. ACV sent invoices — not one, not two, but four — each clearly marked with due dates, itemized charges, and even VIN numbers so there’s no confusion about which clunkers were involved. The total tab? $17,350 in vehicle costs… and $1,050 in buyer fees. But wait — the lawsuit only asks for $6,315. Why? Because, according to the filing, that $6,315 is just the unpaid buyer fees. The vehicles themselves? Presumably, Marivani paid for those — or someone else did. But the service fee for using ACV’s platform? That’s the part they stiffed. And that, dear listeners, is the hill ACV is willing to die on.

Because yes — a company based in New York flew its legal team (well, one very determined attorney, James Vogt of Reynolds, Ridings, Vogt & Robertson PLLC) into Oklahoma’s Comanche County District Court to sue over just over six grand in unpaid platform fees. They’re not mad about the $17k for the cars. They’re mad about the tip. It’s like a restaurant suing you because you ate a $100 steak but didn’t leave the $20 gratuity. Technically within their rights? Maybe. Petty? Absolutely.

ACV’s legal argument is two-pronged, and frankly, about as dramatic as a spreadsheet can get. First, they’re claiming breach of contract — meaning, “Hey, you agreed to our Terms of Service, you clicked ‘I Agree’ like the rest of us peasants, and now you’re not paying. That’s a no-no.” They say they held up their end: provided access to the auction, facilitated the sale, delivered the goods (or at least the paperwork). Marivani, they allege, took possession of the vehicles, enjoyed the benefits of the service, and then acted like the bill was someone else’s problem.

Second, they’re going full law school mode with unjust enrichment — a fancy way of saying, “You got something for nothing, and that’s not fair.” Even if the contract somehow doesn’t hold up (spoiler: it probably does), ACV argues that Marivani still benefited from their services and shouldn’t get to keep that benefit without paying for it. It’s the legal equivalent of your roommate eating your leftovers and then refusing to chip in for groceries.

So what does ACV want? $6,315, plus interest, court costs, and attorney fees. Is that a lot? In the grand scheme of auto dealership transactions? Not really. A decent Honda Accord can cost twice that. But for a small business in Lawton, Oklahoma, $6,315 isn’t exactly pocket change — and for a multi-state auction platform, it’s barely a rounding error. So why sue? Maybe it’s about principle. Maybe it’s about sending a message to other dealers: “Don’t mess with our fees.” Or maybe — just maybe — this is part of a larger pattern, a “ongoing saga” as the filing hints, where Marivani has a habit of skipping out on bills.

Now, here’s our take: the most absurd part of this whole mess isn’t that someone didn’t pay. It’s that a corporation with the resources of ACV Auctions — a company that likely processes millions in transactions monthly — is spending attorney hours, court filing fees, and judicial bandwidth over buyer fees on four used cars. We’re not defending Marivani — if they agreed to pay, they should’ve paid. But come on. This feels less like justice and more like corporate flexing. It’s the legal version of leaving a negative Yelp review because the barista spelled your name wrong.

And yet… we can’t help but root for the drama. We want to know: Did Marivani have a reason? Did the cars arrive in worse shape than described? Was there a miscommunication? Or did they just decide, “Eh, it’s just a fee,” and roll the dice? We may never know — because Marivani hasn’t responded (yet), and there’s no counterclaim, no fiery rebuttal. Just silence. And in the world of civil court, silence often sounds a lot like guilt.

But let’s be real: this isn’t about cars. It’s about rules. It’s about digital contracts. It’s about whether the fine print on a website you skimmed at 2 a.m. while drinking cold coffee can land you in Oklahoma court. And in that sense, this tiny $6,315 dispute might be bigger than it looks. Because if ACV wins, it’s a win for every online platform that charges a fee. If Marivani somehow dodges it? Well, then we’ve got a whole new breed of auction outlaw on our hands.

Either way, we’re hitting “refresh” on the docket. This one’s not over yet.

Case Overview

$6,315 Demand Petition

Jurisdiction

District Court, Oklahoma

Filing Attorney

James Vogt

Reynolds, Ridings, Vogt & Robertson PLLC

Relief Sought

$6,315 Monetary

Plaintiffs

ACV Auctions Inc. business
Rep: James Vogt, OBA#9243

Defendants

Marivani Enterprises, LLC business

Claims

#	Cause of Action	Description
1	breach of contract	Plaintiff alleges Defendant failed to pay for services and vehicles purchased through Plaintiff's online marketplace.
2	unjust enrichment	Plaintiff alleges Defendant was unjustly enriched by using Plaintiff's services without paying for them.

Petition Text

1,543 words

IN THE DISTRICT COURT OF COMANCHE COUNTY STATE OF OKLAHOMA ACV AUCTIONS, INC., Plaintiff, vs. MARIVANI ENTERPRISES, LLC, Defendant. FILED DISTRICT COURT COMANCHE COUNTY, OKLAHOMA February 23, 2026 3:08 PM ROBERT MORALES, COURT CLERK Case Number CJ-2026-113 PETITION Plaintiff ACV Auctions Inc. ("Plaintiff" or "ACV") for its complaint against Defendant Marivani Enterprises, LLC ("Defendant") named herein, alleges as follows: 1. Plaintiff is a Delaware corporation, having a principal place of business in the County of Erie, State of New York. 2. Plaintiff is the original creditor. 3. Upon information and belief, Defendant is a limited liability company, having a place of business in the County of Comanche, State of Oklahoma. FACTS APPLICABLE TO ALL CAUSES OF ACTION: 4. As part of its business, Plaintiff provides a business-to-business online marketplace to facilitate the purchase and sale of vehicles between licensed wholesale automobile dealers ("Services"). 5. The Services that Plaintiff provided to Defendant described herein are governed by a binding legal agreement between Plaintiff and Defendant referred to as the ACV Terms of Service ("TOS" or "Agreement"). The TOS are publicly available at https://www.acvauctions.com/legal/terms-of-service and are incorporated herein by reference. 6. The TOS provide that in consideration of access to the Services, a party buying a vehicle ("Buyer") from a party selling a vehicle ("Seller") shall pay ACV all fees and charges assessed by ACV to the Buyer within two (2) business days after the Buyer’s bid is accepted as a winning bid. 7. The Defendant utilized Plaintiff’s Services as a Buyer and agreed to pay Plaintiff for the Services pursuant to the Agreement. 8. On or about and between November 13, 2023, and November 20, 2023, Defendant utilized Plaintiff’s Services to purchase four (4) vehicles from various Sellers (each a “Vehicle” and together the “Vehicles”). 9. In accordance with the Agreement, Plaintiff invoiced Defendant for use of the Services in connection with each of the Vehicles Defendant purchased as described in the invoices attached hereto as Exhibit 1 (each an “Invoice” and together the “Invoices”), which total $6,315.00. 10. Plaintiff timely sent the Invoices to Defendant and accurately described the balances due and owing from Defendant to Plaintiff at the time they were sent as a result of Defendant’s use of the Services and the amounts of Defendant’s winning bids that Defendant made for the Vehicles Defendant purchased. 11. Defendant has retained the Invoices without due objection. 12. Defendant has failed to pay the Invoices or the balance due and owing to Plaintiff. 13. The Invoices are just and true statements of account that Defendant owes to Plaintiff. AS AND FOR ITS FIRST CAUSE OF ACTION, BREACH OF CONTRACT, PLAINTIFF ALLEGES: 14. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 13 above. 15. Defendant took possession of each of the Vehicles described in the Invoices and agreed to pay Plaintiff a total of $6,315.00 as set forth in the Invoices pursuant to Agreement. 16. Plaintiff has satisfied all its material duties and obligations under the Agreement. 17. Plaintiff has made demands to Defendant for payment to Plaintiff of the amounts set forth the Invoices, but Defendant has failed to pay Plaintiff the amounts it owes Plaintiff that are described in the Invoices. 18. Defendant has committed a material breach of its obligations under the Agreement and caused Plaintiff damages by failing and/or refusing to make payment to Plaintiff of the amounts set forth in the Invoices as required by the Agreement. 19. Pursuant to the Agreement, Defendant agreed to pay, in addition to the Invoices, all of Plaintiff’s costs including, without limitation, attorney fees, court costs and other expenses reasonably incurred by Plaintiff to collect any monies owed by Defendant to Plaintiff. 20. As a direct and proximate result of Defendant’s breach of the Agreement, Defendant is liable to Plaintiff for the amounts set forth in the Invoices plus pre- and post-judgment interest as well as all of Plaintiff’s costs and fees relating to this action. AS AND FOR ITS SECOND CAUSE OF ACTION, UNJUST ENRICHMENT, PLAINTIFF ALLEGES: 21. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 20 above. 22. Defendant has received Services from Plaintiff and took possession of the Vehicles described in the Invoices but has not paid Plaintiff for the amounts set forth in the Invoices. 23. Defendant has benefited from its use of the Services and possession of the Vehicles described in the Invoices. 24. Defendant has been unjustly enriched by its use of the Services and receipt of the Vehicles described in the Invoices without paying for them to Plaintiff’s detriment. 25. Plaintiff has repeatedly demanded that Defendant remit to Plaintiff payment of the amounts set forth in the Invoices, which are due and owing to Plaintiff. 26. As a direct result of Defendant’s unjust failure and/or refusal to pay the balances due and owing to Plaintiff as set forth in the Invoices, Plaintiff has suffered damages for the value of the Vehicles and Services set forth in the Invoices in the amount of $6,315.00, plus pre- and post-judgment interest, costs, and fees. PRAYER FOR RELIEF WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $6,315.00, plus pre- and post-judgment interest, costs, fees, and any additional relief this Honorable Court deems just and proper. Dated: February 13, 2026 James Vogt, OBA#9243 Reynolds, Ridings, Vogt & Robertson PLLC Attorney for Plaintiff ACV Auctions Inc. 101 Park Avenue, Suite 1010 Oklahoma City, OK 73102 (405) 232-8131 [email protected] ACV Auctions, Inc. 640 Ellicott St #321 Buffalo NY 14203 United States Invoice #INV2698715 11/13/2023 Bill To Dealer ID: 77343 Marivani Enterprises, LLC 4 SW 2nd Street Lawton OK 73501 United States Ship To Marivani Enterprises, LLC 4 SW 2nd Street Lawton OK 73501 United States TOTAL $1,825.00 Terms Due Date 11/13/2023 Auction ID Car Year Car Make Car Model VIN Mileage 8377520 2012 Hyundai ELANTRA Touring KMHDB8AE3CU150312 127,271 <table> <tr> <th>Quantity</th> <th>Item</th> <th>Rate</th> <th>Amount</th> </tr> <tr> <td>1</td> <td>Gross Auction Proceeds</td> <td></td> <td>$1,650.00</td> </tr> <tr> <td>1</td> <td>Buyer Fee</td> <td></td> <td>$175.00</td> </tr> <tr> <td colspan="3">Subtotal</td> <td>$1,825.00</td> </tr> <tr> <td colspan="3">Credits Applied</td> <td>($0.00)</td> </tr> <tr> <td colspan="3">Tax (%)</td> <td>$0.00</td> </tr> <tr> <td colspan="3">Discount Total</td> <td></td> </tr> <tr> <td colspan="3">Total</td> <td>$1,825.00</td> </tr> </table> ACV Auctions, Inc. 640 Ellicott St #321 Buffalo NY 14203 United States Invoice #INV2696355 11/13/2023 Bill To Dealer ID: 77343 Marivani Enterprises, LLC 4 SW 2nd Street Lawton OK 73501 United States Ship To Marivani Enterprises, LLC 4 SW 2nd Street Lawton OK 73501 United States TOTAL $1,475.00 Terms Due Date 11/13/2023 Auction ID Car Year Car Make Car Model VIN Mileage 8382255 2008 Nissan Altima 1N4AL24E88C206731 196,253 <table> <tr> <th>Quantity</th> <th>Item</th> <th>Rate</th> <th>Amount</th> </tr> <tr> <td>1</td> <td>Gross Auction Proceeds</td> <td></td> <td>$1,300.00</td> </tr> <tr> <td>1</td> <td>Buyer Fee</td> <td></td> <td>$175.00</td> </tr> <tr> <td colspan="2">Subtotal</td> <td></td> <td>$1,475.00</td> </tr> <tr> <td colspan="2">Credits Applied</td> <td></td> <td>($0.00)</td> </tr> <tr> <td colspan="2">Tax (%)</td> <td></td> <td>$0.00</td> </tr> <tr> <td colspan="2">Discount Total</td> <td></td> <td></td> </tr> <tr> <td colspan="2">Total</td> <td></td> <td>$1,475.00</td> </tr> </table> ACV Auctions, Inc. 640 Ellicott St #321 Buffalo NY 14203 United States Invoice #INV2702571 11/16/2023 Bill To Dealer ID: 77343 Marivani Enterprises, LLC 4 SW 2nd Street Lawton OK 73501 United States Ship To Marivani Enterprises, LLC 4 SW 2nd Street Lawton OK 73501 United States TOTAL $8,560.00 Terms Due Date 11/16/2023 Auction ID Car Year Car Make Car Model VIN Mileage 8404317 2012 Honda CR-V 5J6RM3H51CL015519 101,372 <table> <tr> <th>Quantity</th> <th>Item</th> <th>Rate</th> <th>Amount</th> </tr> <tr> <td>1</td> <td>Gross Auction Proceeds</td> <td></td> <td>$8,200.00</td> </tr> <tr> <td>1</td> <td>Buyer Fee</td> <td></td> <td>$360.00</td> </tr> </table> Subtotal $8,560.00 Credits Applied ($0.00) Tax (%) $0.00 Discount Total Total $8,560.00 ACV Auctions, Inc. 640 Ellicott St #321 Buffalo NY 14203 United States Invoice #INV2703569 11/20/2023 Bill To Dealer ID: 77343 Marivani Enterprises, LLC 4 SW 2nd Street Lawton OK 73501 United States Ship To Marivani Enterprises, LLC 4 SW 2nd Street Lawton OK 73501 United States TOTAL $6,490.00 Terms Due Date 11/20/2023 Auction ID Car Year Car Make Car Model VIN Mileage 8430655 2013 Honda Accord 1HGCR2F3XDA217220 164,303 <table> <tr> <th>Quantity</th> <th>Item</th> <th>Rate</th> <th>Amount</th> </tr> <tr> <td>1</td> <td>Gross Auction Proceeds</td> <td></td> <td>$6,150.00</td> </tr> <tr> <td>1</td> <td>Buyer Fee</td> <td></td> <td>$340.00</td> </tr> <tr> <td colspan="3">Subtotal</td> <td>$6,490.00</td> </tr> <tr> <td colspan="3">Credits Applied</td> <td>($0.00)</td> </tr> <tr> <td colspan="3">Tax (%)</td> <td>$0.00</td> </tr> <tr> <td colspan="3">Discount Total</td> <td></td> </tr> <tr> <td colspan="3">Total</td> <td>$6,490.00</td> </tr> </table> Niagara Falls, New York County of Erie Tiffany Zeelantc_____________________, of lawful age, being first duly sworn upon oath deposes and says: That he/she is ____________________________ of AV Advertising Inc, that the attached account against ____________________________ as well as the various items thereof, is, within the personal knowledge of affiant, just, true and correct and the amount due of $1450.00 shown thereon, is due and owing over and above all credits and setoffs, with interest from 1/28/2023, at the rate of 10% per annum until paid. Affiant further states that the contract and evidence of indebtedness here sued upon is not based upon a usurious contract nor made in violation of the interest laws of the State of Oklahoma. Tiffany Zeelantc Subscribed and sworn to before me this 15 day of December, 2025. Notary Public My Commission Expires: 11-28-26