United States. (Plati, Michael) (Entered: 07/08/2021), (#4) SUMMONS Returned Executed by Dennis J. Henderson as to Experian Information Solutions, Inc. on 6/28/2021, answer due 7/19/2021. BOSTON In the largest settlement of its kind, national subprime auto lender Credit Acceptance Corporation (CAC) will pay more than $27 million to settle a lawsuit brought by Massachusetts Attorney General Maura Healey over a variety of alleged unfair practices relating to the companys role in the origination, collection, and securitization of subprime auto loans. We will use this information to improve this page. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. 227. Massachusetts had settled with the lender in 2015. There is no document associated with this entry.) No proposed order. (arut) (Entered: 10/07/2021), Docket(#1) COMPLAINT against Exeter Finance LLC, Primeritus Financial Services Inc, John Does I-X (Filing fee $402 receipt number 0420-10110894. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. To update this case yourself, sign into PACER (paid PACER subscription required). Top-requested sites to log in to services provided by the state. Murphy filed this appeal. WebCarson City. The public and media representatives may have access to the hearing via the same number. Send the collection agency a debt validation letter. (dhmS, COURT STAFF) (Filed on 7/20/2017), Case assigned to Magistrate Judge Howard R. Lloyd. This lawsuit is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. Designated as Magistrate Judge the Honorable Jeffrey Cole. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. Represented by Constangy Brooks & Smith, LLP, Represented by troutman.com Law Firm Placeholder, Represented by Jones Day Reavis & Pogue. A lawsuit has been filed against national auto lender Credit Acceptance Corporation (CAC) for allegedly making unfair and deceptive auto loans to thousands of Massachusetts consumers, providing investors with false or misleading information regarding auto securities they offered, and engaging in unfair debt collection practices, Attorney General Maura Healey announced today. Box 189, Longview, TX 75606, for appellant. Similarly, Murphys affidavit is not evidence of sufficient probative force to raise a fact issue on any material question, because the terms of the contract specify that payments will first be allocated to accrued but unpaid finance charges with any remainder being allocated to the principal. This settlement is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. Dynegy Midstream Servs., Ltd. Pship v. Apache Corp. , 294 S.W.3d 164, 168 (Tex. Financing is illegal if lenders do not have a basis for believing that customers will be able to repay loans as scheduled, the Massachusetts attorney general office said in a statement. CODE 84.201(d)(3)(E)(i) (Office of Consumer Credit Comm'r, Time Price Differential). An official website of the Commonwealth of Massachusetts, This page, AG Healey Sues Major Subprime Auto Lender for Unfair and Deceptive Practices in Its Subprime Auto Loan Business in Massachusetts , is, for AG Healey Sues Major Subprime Auto Lender for Unfair and Deceptive Practices in Its Subprime Auto Loan Business in Massachusetts. The public and media representatives may have access to the hearing via the same number. Civil Case Management Conference scheduled for 04/22/2022 at 10:00:00 AM at Central in C-69 Katherine Bacal. Our office will continue to investigate the subprime lenders, financiers, and securitizers, and protect consumers.. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Service due by 1/3/2022. Murphy paid $17,330.00 for the truck, making a $1,000.00 down payment with the remaining principal amount of $16,330.00 to be financed at an equivalent rate of 20.6%, resulting in a total finance charge of $12,406.64 if all payments were timely and fully made, for a total sales price of $29,736.64. We reverse the trial courts award of attorney fees to Exeter, but affirm the remainder of the trial courts order granting Exeters no-evidence motion for summary judgment. Fin. Wal-Mart Stores, Inc. v. Rodriguez , 92 S.W.3d 502, 506 (Tex. The amount financed was a little over 14,000 with an interest rate of 27%. 1:21-CV-01488 | 2021-03-18, U.S. District Courts | Finance | Please do not include personal or contact information. denied) (citing Merrell Dow Pharms., Inc. v. Havner , 953 S.W.2d 706, 711 (Tex. Thank you for your website feedback! 2013, pet. Filed bySeely Moore. WebExeter Finance Corp., Court Case No. CODE 84.201(b), (d)(3)(A) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). Magistrate Judge Howard R. Lloyd no longer assigned to the case. Affidavit - Other filed by Garcia, Julian. WebAuto Financing - Exeter Finance - Franchise & Independent Dealership Financing, Subprime Auto Lending FAQs Contact Us Customers Overview Customer Center Customer Security Privacy FAQs Servicemembers Civil Relief Act Dealers Overview Dealer center DealerPortal Dealer Support Dealer Information Hub Our Company Overview Leadership Community No one has written a summary of this case yet. , 412 S.W.3d at 742. Thereafter, Exeter filed a no-evidence motion for summary judgment and a traditional motion for summary judgment, both of which included a claim to recover attorney fees. See 7 TEX. Because loan rates Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), Declaration - Other filed by Garcia, Julian. Pitts v. Fifth Third Bank, National Association et al. During our analysis, "we review the evidence in the light most favorable to the non-movant, credit evidence favorable to that party if reasonable jurors could, and disregard contrary evidence unless reasonable jurors could not." We will use this information to improve this page. (arut) (Entered: 10/07/2021), (#1) COMPLAINT against Exeter Finance LLC, Primeritus Financial Services Inc, John Does I-X (Filing fee $402 receipt number 0420-10110894. In legal terms, this is called having standing to file the lawsuit. Last year, Exeter Finance paid more than $5.5 million for its role in financing unfair, subprime auto loans. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 2009) ; Craig Sessions, M.D., P.A. Share ( Filing fee $ 400 receipt number 0538-4221558) If the complete state With an interest rate of 20.99 percent, he said he quickly fell behind and then endured constant collection calls and vehicle repossessions until he lost the car in 2019. Today, the Delaware Attorney Generals Office has also entered into a settlement with Exeter. DocketCase assigned to Judicial Officer Bacal, Katherine. 7:21-CV-00126 | 2021-07-12, U.S. District Courts | Contract | The feedback will only be used for improving the website. Previously, the AGs Officesecured$22 million from Santander for its role in financing subprime auto loans for Massachusetts residents. CODE 84.201(d)(2)(B)(iii) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). This case was filed in U.S. District Courts, Illinois Northern District. DocketComplaint filed by Garcia, Julian. In his first three points of error, Murphy contends that the trial court erred in granting Exeters no-evidence motion for summary judgment as to his claims of usury, claimed violations of the DTPA, and allegations that Exeter had breached the contract. Defendant Attorney: Timothy George, Benjamin Lee via Courtcall. See more newsletter options at autonews.com/newsletters. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). (Ellis, Bernie) (Entered: 12/03/2021), (#11) NOTICE of Appearance by David A Anderson on behalf of Exeter Finance LLC (Anderson, David) (Entered: 12/03/2021), Docket(#11) NOTICE of Appearance by David A Anderson on behalf of Exeter Finance LLC (Anderson, David) (Entered: 12/03/2021), Docket(#10) Local Rule 26.01 Answers to Interrogatories by Exeter Finance LLC. Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. The state is seeking relief for Massachusetts borrowers harmed by these alleged practices, as well as civil penalties and injunctive relief. Case assignment: Random assignment. See Fazio , 403 S.W.3d at 398 ; Oat Note, Inc. , 141 S.W.3d at 28081. On 10/05/2021 Bradley filed a Finance - Consumer Credit lawsuit against Exeter Finance LLC. App.Dallas 2008, no pet.) Entered at the direction of the Honorable Timothy M Cain on 11/16/21. Specifically, the lawsuit alleged that CAC made high-interest subprime auto loans that it knew or should have known many borrowers would be unable to repay. See King Ranch, Inc. v. Chapman , 118 S.W.3d 742, 751 (Tex. No proposed order. There is no document associated with this entry.) See 7 TEX. (Attachments: #1 Civil Cover Sheet)(Plati, Michael) (Entered: 06/17/2021). The action you just performed triggered the security solution. Beth Labson Freeman for all further proceedings. 1996). Signed by Judge Beth Labson Freeman on 11/8/2017. App.Texarkana 2013, no pet.). Murphy filed a response to Exeters motions and a traditional motion for summary judgment, arguing that the copy of the original contract and the payment schedule, together with the evidence attached to his motion, supported and conclusively proved his claims. We are taking a close look at this industry and we will not allow companies to profit by violating our laws and exploiting consumers.. This matter is being handled by AG Healeys Insurance and Financial Services Division. Save 25% on a pre-paid one year subscription. EXETER FINANCE LLC, A LIMITED LIABILITY COMPANY vs WILLIAMS, DUNN v. EQUIFAX INFORMATION SERVICES LLC et al, Aycock v. JPMorgan Chase Bank, N.A. Consumers with questions about settlement eligibility should contact AG Healeys Insurance and Financial Services hotline at 1-888-830-6277. Accordingly, the status conference currently scheduled for 11/15/21 is stricken and set for 12/6/2021 at 09:40 AM; the parties shall use the same call-in information #33 . Exeter filed a denial and special exceptions. Boston A lawsuit has been filed against national auto lender Credit Acceptance Corporation (CAC) for allegedly making unfair and deceptive auto loans to thousands of Massachusetts consumers, providing investors with false or misleading information regarding auto securities they offered, and engaging in unfair debt collection practices, Attorney General Maura Healey announced today. On 10/05/2021 Bradley filed a Finance - Consumer Credit lawsuit against Exeter Finance LLC. (holding party entitled to recover attorney fees for successfully defending fraud and DTPA claims under contract provision for such fees when agreement allowed their recovery by "[t]he prevailing party in any legal proceeding brought under or with respect to the transaction described in his contract"); Rich v. Olah , 274 S.W.3d 878, 888 (Tex. 2022-12-30, U.S. District Courts | Contract | This page is located more than 3 levels deep within a topic. 2006) ; King Ranch, Inc. , 118 S.W.3d at 751 ). (blflc1S, COURT STAFF) (Filed on 10/31/2017), MOTION to Appear by Telephone filed by Exeter Finance Corp.. (Attachments: # 1 Proposed Order)(Brandt, Justin) (Filed on 10/30/2017), REPLY (re 21 MOTION to Dismiss ) filed byExeter Finance Corp.. (Brandt, Justin) (Filed on 10/19/2017) (Entered: 10/19/2017), ADR Remark: ADR Phone Conference held on 10/16/2017 by Howard Herman. Reflector Series 2015) Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, it is ordered that Parker and He alleged that this action rendered Exeter liable for penalties for having practiced usury and for deceptive trade practices under Sections 17.46, subsections (b)(5) and (12), of the Texas Business and Commerce Code (the Deceptive Trade Practices Act (DTPA) ), in addition to having breached the contract with Murphy. To inform and empower current and future business leaders by providing the insights, knowledge and connections they need to thrive in a rapidly changing industry. Print Share. On appeal, Murphy contends that the trial court erred in granting Exeters motions for summary judgment as to his claims that Exeter had committed usury, had engaged in deceptive trade practices, and had breached its contract with him. Case Details Parties Documents Dockets Case Details Case Number: 6:21-CV 1155 Gratiot Avenue Suggestions are presented as an open option list only when they are available. Finally, one place to get all the court documents we need. I told them that is 7 TEX. Fin. The stipulation is signed by both Plaintiff and Experian. (pmc, COURT STAFF) (Filed on 9/19/2017) (Entered: 09/19/2017), CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Exeter Finance Corp (Brandt, Justin) (Filed on 9/19/2017) (Entered: 09/19/2017), NOTICE of need for ADR Phone Conference (ADR L.R. WebHow does Exeter Finance LLC protect my personal information? AG Healey has been a national leader in holding subprime auto lenders accountable. The AGs action against CAC is part of her Offices ongoing industry-wide review of securitization practices in the subprime auto loan market. We will use this information to improve this page. Code Ann . Murphys DTPA causes of action pursuant to Section 17.65, subsection (b)(5) and (12), of the Texas Business and Commerce Code are based on his claims that in violation of the contract, Exeter demanded, charged, and/or received usurious interest and committed the "usury frequent practice of applying monthly payments illegally to interest, with frequent, if not all, payments never being credited properly to reduction of principal." If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Therefore, Murphys list of calculations is inaccurate and is, therefore, not probative evidence. Additionally, CAC borrowers were subject to hidden finance charges, which resulted in CAC loans exceeding the usury rate ceiling of 21 percent mandated by state law. Settlement Resolves Allegations That Credit Acceptance Corporation Violated the Consumer Protection Act and Debt Collection Laws; Company to Also Provide Debt Relief and Credit Repair to Certain Eligible Consumers. (blflc1S, COURT STAFF) (Filed on 11/8/2017), MOTION to Appear by Telephone Experian Information Solutions, Inc.'s Motion to Appear by Telephone at Hearing filed by Experian Information Solutions, Inc. (Attachments: # 1 Proposed Order)(Lee, Benjamin) (Filed on 11/8/2017), JOINT CASE MANAGEMENT STATEMENT filed by Seely Moore. ADMIN. In March 2017, Santander Consumer USA Holdings Inc. agreed to pay $16 million to more than 2,000 Massachusetts car buyers and another $6 million to the state for originating auto loans based on customer incomes that were "incorrect and often inflated." An Exeter spokeswoman told Automotive News the company is "pleased to have resolved this matter.". 1997) ). To determine if any payment or allocation shown in the statement of account amounts to evidence of usury in violation of Chapter 348 of the Texas Finance Code, we examine several of the payments and allocations listed in the statement. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. EXETER FINANCE LLC vs. HERMOSILLO, NATHAN, Progressive Services, Inc. v. Flatline Roofing, LLC et al, Les Schwab Warehouse Center, Inc. v. Hexpol Compounding, Clemmons Farming, Inc. et al v. Silveus Southeast LLC et al, Broadcast Music Inc et al v. Figaro LLC et al. And although the financed amount decreased by $1,000, the monthly payments increased from approximately $500 to $516. Mailed notice (ef, ) (Entered: 09/03/2021), Docket(#28) NOTICE of Voluntary Dismissal by Dennis J. Henderson as to Defendant Exeter Finance, LLC (Plati, Michael) (Entered: 08/31/2021), Docket(#27) MOTION by Defendant Exeter Finance, LLC for extension of time to file answer regarding complaint #1 (UNOPPOSED) (Ritchie, Alan) (Entered: 08/30/2021), Docket(#26) ANSWER to Complaint and Affirmative and Other Defenses by Equifax Information Services, LLC(Stanzick, Jasmine) (Entered: 08/30/2021), Docket(#8) MOTION by Defendant Experian Information Solutions, Inc. for extension of time to file answer (Unopposed) (Salvi, Mackenzie) (Entered: 07/14/2021), Docket(#7) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Experian Information Solutions, Inc. (Salvi, Mackenzie) (Entered: 07/14/2021), Docket(#6) ATTORNEY Appearance for Defendant Experian Information Solutions, Inc. by Mackenzie Renee Salvi (Salvi, Mackenzie) (Entered: 07/14/2021), Docket(#5) SUMMONS Returned Executed by Dennis J. Henderson as to Exeter Finance, LLC on 6/28/2021, answer due 7/19/2021. Consumers eligible for payments from todays settlement will be contacted by an independent trustee and the AGs Office. WebExeter Finance offers franchise & independent dealership financing and subprime auto lending to credit-challenged customers. Canada Animals Canada Apple News Canada Apps & Smartphones Canada Arts Canada Business News Canada Cars News Canada Celebrity Canada Christian News The trial court denied Murphys motion for summary judgment and granted both Exeters traditional and no-evidence motions for summary judgment. Cancellation and Refund Policy, Privacy Policy, and If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. CODE 84.201(d)(3)(A), (E)(i) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. On October 11, 2014 (sixty days after the August payment under the contract was made), Murphy paid another $400.00. WebExeter Finance Corp. v. Autocom Energy, LLC Federal Civil Lawsuit California Northern District Court , Case No. Corp., 558, Full title:ROBYN DALE MURPHY, JR., AKA ROBIN DALE MURPHY, JR., Appellant v. EXETER, Court:Court of Appeals Sixth Appellate District of Texas at Texarkana, Robyn Dale MURPHY, Jr., aka Robin Dale Murphy, Jr., Appellant v. EXETER FINANCE CORP., Appellee. Some page levels are currently hidden. This is in accord with Section 84.201(d)(3)(A) of the Texas Administrative Code. TYRONE CANADY VS COASTLINE RECOVERY SERVICES, INC., ET AL. In 2019, she reached a $5.5 million settlement with Exeter Finance for its alleged role in financing unfair subprime auto loans. (Ellis, Bernie) (Entered: 12/03/2021), Docket(#9) ANSWER to #1 Complaint by Exeter Finance LLC. Tex. Stipulation to Alternative Dispute Resolution Process SD, Declaration - Other; CLRA Venue Declaration of Plaintiff Julian Garcia Pursuant to California Civil Code Section 1780(d), Affidavit - Other; Affidavit of Process Server, Cases involving other agreements or torts not classified elsewhere, 190, 1190, 2190, 3190, 4190, 4194, 5190, 5196, Location: C-69; Event Type: Civil Case Management Conference - Complaint, Affidavit - Other filed by Garcia, Julian. With this significant $27 million settlement, eligible Massachusetts drivers who have been suffering under the weight of a crushing car loan due to CACs deceptive practices will be able to receive relief and avoid new defaults. The settlement also requires CAC to make changes to its loan handling practices. Accordingly, the case against Defendant Experian Information Solutions, Inc. is dismissed with prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Murphy will defeat Exeters no-evidence summary judgment motion if Murphy presented more than a scintilla of probative evidence on each element of its claim. The Texas Office of Consumer Credit Commissioner conveniently calculates the equivalent annualized percentage rates based on the allowable add-on rate specified in Section 348.104, the model of the vehicle, the year of purchase, and the number of payments. Westlake Financial Services, American Credit Acceptance, Contact the Attorney General's Office at (617) 727-2200, In Largest Settlement of Its Kind, AG Healey Secures $27 Million for Thousands of Massachusetts Consumers From Subprime Auto Lender. ; Woodruff v. Wright , 51 S.W.3d 727, 734 (Tex. Subprime auto lender Exeter Finance has agreed to pay more than $6 million in two states for financing auto loans that the lender knew or should have known were unfair. Both states say the loans violated state law. Contact the Attorney General's Office at (617) 727-2200, AG Healey Sues Major Subprime Auto Lender for Unfair and Deceptive Practices in Its Subprime Auto Loan Business in Massachusetts. Designated as Magistrate Judge the Honorable Jeffrey Cole. Concentrix: How can customer data drive a better automotive CX? 2013) ). Here, the contract entitles Exeter to recover attorney fees only if [it] "hire[s] an attorney to enforce this contract." HearingLocation: C-69; Event Type: Civil Case Management Conference - Complaint, DocketAffidavit - Other filed by Garcia, Julian. Use this button to show and access all levels. Finally, one place to get all the court documents we need. Murphy responded with his own motion for summary judgment. Box 189, Longview, TX 75606, for appellant. 5-1(e)(7). Exeter Finance recently fined $6 million The attorneys general of Massachusetts and Delaware worked together to fine Exeter for offering loans to borrowers who couldnt afford to repay. Defendant's motion for an extension #27 is dismissed as moot. Mailed notice (ef, ) (Entered: 09/03/2021), (#28) NOTICE of Voluntary Dismissal by Dennis J. Henderson as to Defendant Exeter Finance, LLC (Plati, Michael) (Entered: 08/31/2021), (#27) MOTION by Defendant Exeter Finance, LLC for extension of time to file answer regarding complaint #1 (UNOPPOSED) (Ritchie, Alan) (Entered: 08/30/2021), Docket(#35) MINUTE entry before the Honorable John F. Kness: In their joint initial status report #34 , the parties explain that they "have completed their settlement documentation and anticipate that they will complete the settlement and file a Stipulation of Dismissal by November 30, 2021." 3-5 b) of discussion of ADR options by Parties and Counsel (Attachments: # 1 Certificate/Proof of Service)(Brandt, Justin) (Filed on 9/26/2017), CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. 2023-01-03, Manatee County Courts | Contract | On December 22, 2014, eleven days after his previous payment, Murphy paid $140.00. Public Records Policy. Last Updated February 10, 2019 at 2:41 AM EST (4.1 years ago), ORDER GRANTING 42 STIPULATION TO DISMISS DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC. 2023-01-24, Riverside County Superior Courts | Contract | The lawsuits claim the paystubs were missing important information such as the total number of hours worked and hourly pay rates and that this violates state labor law. 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