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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

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