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Assignee Liability -- Face of the Disclosure Statement

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In Dixon v. General Motors Financial Corporation, 2018 WL 746379, at *4 (E.D.La., 2018), Judge Brown found that a TILA claim was not stated because any violation would have to appear on the face of the document and the Plaintiff had filed suit longer than 1-year after purchasing the vehicle. In Jackson v. Adcock, another division of this district held that… Read More

In Pettye v. Santander Consumer, USA, Inc., 2016 WL 704840, at *3-4 (N.D.Ill., 2016), Judge St. Eve dismissed a TILA claim filed against an auto finance company because the disclosures regarding GAP complied with TILA or any violations were not apparent on the face of the disclosure statement.   An assignee is liable only where the TILA violation appears on… Read More

In Pannetta v. Milford Chrysler Sales Inc., 2015 WL 1296736 (E.D.Pa. 2015), Judge Pappert found no TILA liability against a holder of a vehicle RISC, despite the egregious facts pleaded.  The facts alleged were as follows. The events giving rise to this suit began when Pannetta received a mail solicitation from Milford and MOA. (FAC ¶ 14.) The solicitation stated that Pannetta… Read More

In Stevenson v. American Honda Finance Corp., 2012 WL 6672848 (D.N.J. 2012), Judge Pisano found no liability for an automobile finance company's acceptance of a RISC that contained a miscalculated "Credit Inquiry Fee". In May 2011, Plaintiff entered into a retail installment sales contract (the “RISC”) with non-party Honda Universe for the financed purchase of a 2009 Honda Civic.  The RISC, which… Read More