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Rees-Levering Act -- Civil Code § 2981

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In a decision that is important to auto finance companies liable under the FTC Holder Rule where the assigning dealer is defunct, the Fifth District Court of Appeal held in Pierce v. Western Sur. Co., --- Cal.Rptr.3d ----, 2012 WL 2362579 (Cal.App. 5 Dist.), that an Automobile Dealer Surety Bond also covered the attorneys’ fees incurred by a consumer Plaintiff’s… Read More

In Smith v. Americredit Financial Services, Inc., 2012 WL 834784 (S.D.Cal. 2012), Judge Sabraw post-Concepcion followed Sanchez in denying enforcement of an arbitration clause in an NOI class action. With respect to the first clause, the Sanchez court found it was one-sided in favor of the seller because the buyer, not the dealer, is more likely to recover an award… Read More

In Aho v. AmeriCredit Financial Services, Inc., 2012 WL 273780 (S.D.Cal. 2012), Judge Sabraw granted summary judgment to the Plaintiffs on their claims regarding post-repossession letters under Juarez.  As to the claim under the ASFA, Judge Sabraw held:   Accordingly, that the information may be available to the consumer does not relieve Defendant of its obligation to include that information… Read More

In Medina v. Performance Automotive Group, Inc.,  2012 WL 219308 (E.D.Cal. 2012), Judge Karlton remanded to state court a class action alleging that a car dealer illegally ‘backdated’ retail installment contracts.  The defendant finance company had removed the matter to federal court, and then moved to compel arbitration (and the class action waiver) under Concepcion.   Judge Karlton found that neither… Read More

California state senator Tom Lieu (D-Torrance) introduced SB 956 yesterday, that would require Buy Here Pay Here car dealers to be regulated by the Department of Corporations as lenders. A companion bill (AB 1447) introduced last week by Assemblyman Mike Feuer (D-Los Angeles) would require Buy Here Pay Here dealers to display vehicle sales prices and would block dealers from using GPS… Read More

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

On October 7, the Governor signed AB 238, which amends ASFA on the remedies available for failing to itemize license and registration fees in violation of ASFA.  The so-called 'lumping' cases had become a cottage industry for some members of the plaintiff's bar.  ASFA regulates motor vehicle conditional sale contracts, and, among other things, requires a person selling or leasing a motor… Read More

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

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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