Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

Post-Repo. Compliance

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

District Court (Cal.) Certifies Limited NOI Class Under FRCP 23(b)(2); Refuses to Certify Corollary FRCP 23(b)(3) Class under Rosenthal Act

by Scott J. Hyman |

In Aho v. Americredit Financial Services, Inc., --- F.R.D. ----, 2011 WL 5401799 (S.D.Cal. 2011), Judge Sabraw certified an NOI class under the UCL and ASFA for allegedly faulty post-repossession letters ("NOIs") pursuant to FRCP 23(b)(2), but refused to do so under the Rosenthal Act.  Judge Sabraw found the ‘damages’ sought under the Rosenthal Act were not incidental to the… Read More

9th Circuit Says No NBA Pre-Emption of Rees-Levering as to NOI Compliance

by Scott J. Hyman |

In Aguayo v. U.S. Bank, --- F.3d ----, 2011 WL 3250465 (9th Cir. 2011), the Court of Appeals for the Ninth Circuit held that the National Bank Act did not pre-empt the Rees-Levering Automobile Sales Finance Act as to disclosures required in Notice of Intent to Dispose ("NOI") letters.  The Court of Appeals explained: Despite all the foregoing, U.S. Bank insists… Read More

District Court (Cal.) Finds that Consumers who Received NOI Letters Pre-Juarez Were Not Excluded from the Class

by Scott J. Hyman |

In Aho v. AmeriCredit Financial Services, Inc., 2011 WL 3047630 (S.D.Cal. 2011), Judge Sabraw found that Juarez v. Arcadia Financial, Ltd., 152 Cal.App.4th 889, 912, 61 Cal.Rptr.3d 382 (2007), and its holding regarding post-repossession NOIs applied to letters mailed to classmembers before Juarez was issued.   Defendant argues Juarez should apply prospectively only, and therefore any member of the class… Read More

Supreme Court (Va.) Holds Spot-Delivery Dealer Retained Security Interest to Repossess Vehicle, But Still Had to Give Post-Repossession Notice

by Scott J. Hyman |

In Cappo Management V, Inc. v. Britt, --- S.E.2d ----, 2011 WL 2277386 (Va. 2011), the Supreme Court of Virginia addressed a spot delivery situation where the dealer was unable to secure financing for the consumer and, accordingly, repossessed the car.  The Court found the repossession proper under Article 9 of the UCC, explaining:   Applying this principle, we hold… Read More

Court of Appeal (Ga.) Holds Vehicle Lease is a “True Lease” That Does Not Require Post-Repossession Notice Applicable to Security Agreements

by Scott J. Hyman |

In Aniebue v. Jaguar Credit Corporation, -- S.E.2d -- 2011 WL 522039 (Ga.App.2011), the Georgia Court of Appeal rejected a vehicle lessee's argument that a post-repossession notice applicable to security agreements was required because the lease was not a 'true lease' but, rather, a disquised security agreement.  The Court of Appeal explained: Aniebue argues that the trial court erred in… Read More

District Court (Cal.) Finds Plaintiff Asserting Improper Post-Repossession Letter Lacks Standing under UCL

by Scott J. Hyman |

In Bankston v. Americredit Financial Services, Inc., 2011 WL 89730 (N.D. Cal. 2011), Judge Armstrong rejected a UCL claim based on an allegedly faulty post-repossession NOI letter on the basis that Plaintiff had not met the injury-in-fact prong of the UCL.  With respect to the injury-in-fact requirement, Plaintiff argued that she suffered an injury in two ways: (1) “[h]er payment… Read More

District Court (Cal.) Finds RISC Arbitration Clause Not Unconscionable, but Denies Petition to Arbitrate Injunction-only NOI Case under UCL

by Scott J. Hyman |

In Cardenas v. AmeriCredit Financial Services Inc., 2010 WL 3619851 (N.D.Cal. 2010), the Plaintiffs sued to prevent the Defendant from collecting further based on a purportedly defective NOI letter.  Plaintiff filed a class action against the defendant, alleging claims for (1) violation of the UCL, which, in turn, is predicated on a violation of Rees-Levering Automobile Sales Finance Act, Cal.Civ.Code §… Read More

District Court (Cal.) Finds ASFA’s NOI Disclosure Requirements Pre-empted by OCC Regs and NBA

by Scott J. Hyman |

In Perez v. Midland Funding, LLC, 2010 WL 4117461 (N.D.Cal. 2010), Judge Koh held that the National Bank Act and OCC regulations pre-empted Rees-Levering’s disclosure requirements that afford post-repossession reinstatement/redemption rights to consumers who have had their vehicles repossessed. Judge Koh followed the Aguayo decision, and held that:   Thus, although this Court agrees with the holding of Alkan, it… Read More

1 2