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Post-Repo. Compliance

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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

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

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

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

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