Please let us know how we can improve this page. The public and media representatives may have access to the hearing via the same number. Add an additional 3 days only if served by mail or otherwise allowed under Fed. See Fazio , 403 S.W.3d at 398 ; Oat Note, Inc. , 141 S.W.3d at 28081. This case was filed in U.S. District Courts, South Carolina District This settlement is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. Please remove any contact information or personal data from your feedback. Please limit your input to 500 characters. 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." Thank you for your website feedback! Designated as Magistrate Judge the Honorable Jeffrey Cole. 1:20-CV-02580 | 2020-10-05, U.S. District Courts | Contract | The complaint, filed in Suffolk Superior Court, alleges that since 2013, CAC failed to inform investors that the company topped off the pools of loans that they packaged and securitized with higher-risk loans, despite claiming otherwise in disclosures to investors. We will use this information to improve this page. 3:16-cv-04197 District Judge William H. Orrick , presiding 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. Code Ann . 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. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), DocketCivil Case Cover Sheet filed by Garcia, Julian. A lock icon ( 107, Fort Worth, TX 76164, for appellee. (arut) (Entered: 10/07/2021), U.S. District Courts | Finance | P. 6 or Fed. 6:20-CV-01117 | 2020-03-20, U.S. District Courts | Intellectual Property | Signed by Judge Beth Labson Freeman on 1/22/2018. Massachusetts had settled with the lender in 2015. An official website of the Commonwealth of Massachusetts, This page, In Largest Settlement of Its Kind, AG Healey Secures $27 Million for Thousands of Massachusetts Consumers From Subprime Auto Lender , is, for In Largest Settlement of Its Kind, AG Healey Secures $27 Million for Thousands of Massachusetts Consumers From Subprime Auto Lender, Thousands of Massachusetts consumers, many of them first-time car buyers, put their faith in CAC to help them with an auto loan, but were instead lured into high-cost loans, fell deeper in debt, and even lost their vehicles, said, The AGs action against CAC is part of her Offices ongoing industry-wide review of securitization practices in the subprime auto loan market. 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. 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. A .mass.gov website belongs to an official government organization in Massachusetts. More than 3,000 borrowers in Massachusetts could be eligible to receive money under a $27.2 million settlement Attorney General Maura Healey announced Wednesday with Credit Acceptance Corp to resolve allegations that the subprime auto lender engaged in predatory loan practices that ruined the credit of many consumers. "Exeter is committed to ensuring the highest standards of customer service in its business when delivering vital auto financing options to consumers," she added. 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. 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 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. She said many of the consumers hurt by those lending practices livein cities including Springfield, Boston, Worcester and Brockton. The future of the 1%: These are the 20 US colleges that produce the wealthiest grads. ADMIN. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. Co. v. Joachim , 315 S.W.3d 860, 862 (Tex. The University of Pittsburgh Medical Center and James Luketich, the longtime chair of UPMCs cardiothoracic surgery department, have agreed to pay $8.5 million to settle claims that the doctor and system jeopardized patient health to maximize profit and falsely billed federal programs, Healthcare Dive reports. No proposed order. Because his payment exceeded the total finance charges, $141.70 was allocated to the principal balance ($890.05 - $748.35 = $141.70), reducing the principal from $16,330 to $16,188.30. Fin. Borrowers eligible for relief under todays settlement will be contacted by the AGs Office. App.Houston [1st Dist.] Please let us know how we can improve this page. This case was filed in U.S. District Courts, South Carolina District Court. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. 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. Exeter Finance LLC Pursuant to an Assurance of Discontinuance in April 2019, Exeter Finance LLC will pay more than $5.5 million for its role in allegedly financing unfair, sub-prime auto retail installment sale contracts in Massachusetts. Please do not include personal or contact information. Therefore, we overrule his second and third points of error and affirm the trial courts grant of Exeters no-evidence motion for summary judgment as to Murphys DTPA and breach of contract claims. Initial Case Management Conference set for 10/17/2017 01:30 PM in Courtroom 2, 5th Floor, San Jose. Webexeter accident today; eluding police charge in oregon. Reflector Series Travelers Ins. (Attachments: #1 Civil Cover Sheet)(Plati, Michael) (Entered: 06/17/2021). Car loans to consumers with poor credit, known as subprime auto loans, are often made through contracts signed at the car dealership, but the loans are funded by non-dealer financial institutions, like Exeter. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). In granting Exeters no-evidence motion for summary judgment, the trial court awarded Exeter $5,500.00 in attorney fees and expenses, as well as conditional awards in the event of successful appeals to the court of appeals and the Texas Supreme Court. (Gale, Elliot) (Filed on 10/10/2017), ORDER GRANTING 22 APPLICATION FOR ADMISSION OF ATTORNEY, MOTION to Dismiss filed by Exeter Finance Corp.. Motion Hearing set for 2/8/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. On 06/17/2021 Henderson filed a Finance - Consumer Credit lawsuit against Exeter Finance , LLC. 301.002(a)(16) (West 2016), 348.001(9) (West Supp. Some page levels are currently hidden. et al, Hundley v. Experian Information Solutions, Inc. et al, Mokszycki v. Equifax Information Services LLC et al. Filed By: Garcia, Julian (Plaintiff). Suggestions are presented as an open option list only when they are available. That examination reveals the following: 1. Then donations poured in. The complaint also alleges that CAC has made high-interest subprime auto loans to Massachusetts borrowers that the company knew borrowers would be unable to repay, in violation of state law. Tex. This is a text only docket entry; there is no document associated with this notice. Under the contract signed by Murphy, he was not charged interest, but rather, a time price differential (a daily finance charge in addition to the principal) of $12.50 per $100.00 per year on the principal balance which, over seventy-two months, is the equivalent of the 20.6% annualized percentage rate specified in the contract. Exeter denied the allegations and filed special exceptions, a traditional motion for summary judgment, and a no-evidence motion for summary judgment. Case assigned to Judicial Officer Bacal, Katherine. COURTNEY CARR, ET AL. The case status is Pending - Other Pending. This case was filed in San Diego County Superior Courts, Central Murphy agreed to make seventy-two payments of $399.12 beginning on August 5, 2014. Please remove any contact information or personal data from your feedback. 1155 Gratiot Avenue Because the notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment, the case against Defendant Exeter Finance, LLC is dismissed without prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. This matter is being handled by AG Healeys Insurance and Financial Services Division. 301.002(a)(4), (16) (West 2016), 348.001(9) ; 7 Tex. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Fair Debt Collection Practices Act (FDCPA) - 15 USC 1692, (#7) TEXT ORDER granting #6 Motion for Extension of Time. App.Texarkana 2014, pet. The complaint also alleged that some CAC borrowers were subject to hidden finance charges, which resulted in violations of the states 21 percent usury cap and that CAC engaged in unlawful collection practices. Please let us know how we can improve this page. 227. Attorney at Richardson Plowden and Robinson (Cola). In Massachusetts, Exeter agreed to pay $4.7 million to harmed borrowers and $825,000 to the state. (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. Exeter Finance Corporation is an auto finance company. In order to determine whether the evidence Murphy produced has merit sufficient to overcome Exeters no-evidence motion for summary judgment, we must first examine the applicable law and Exeters application of that law to this transaction. 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. Exeter Finance Address, Phone Number, and Contact Information Office Location 222 W. Las Colinas Blvd., Ste. [ECF 2, 2-1]. Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. 173.254.243.202 If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. WebCarson City. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The public and media representatives may have access to the hearing via the same number. For example, in a case for personal injury, you have to be the one 1997) ). (Gale, Elliot) (Filed on 9/8/2017) (Entered: 09/08/2017), ADR Certification (ADR L.R. Wal-Mart Stores, Inc. v. Rodriguez , 92 S.W.3d 502, 506 (Tex. See Robbins v. Capozzi , 100 S.W.3d 18, 2627 (Tex. The AGs lawsuit also contained allegations that CAC failed to inform investors that it topped off securitization loan pools with higher-risk loans. 2:23-CV-00127 | 2023-02-24, U.S. District Courts | Finance | Irving. We sustain this point of error. In Billy Ginwright v. Exeter Finance Corp ., No. (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. 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." Attached to the motions were a copy of the original contract signed by Murphy, a schedule setting out Murphys payment history (this also showing the allocation of each such payment), a copy of the Motor Vehicle Rate Chart issued by the Texas Office of Consumer Credit Commissioner, and an affidavit from Exeters attorney which buttressed the claim for attorney fees. Whether a party is entitled to recover attorney fees is a question of law that we review de novo. See 7 TEX. 1996). No later than five business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). Then donations poured in. denied) (citing Merrell Dow Pharms., Inc. v. Havner , 953 S.W.2d 706, 711 (Tex. EXETER FINANCE CORP., Appellee Frank Supercinski, Attorney at Law, P.O. 2013, pet. WebIn 2016, Exeter Finance reported a $3 billion portfolio valuation. 3-5 b) of discussion of ADR options (Gale, Elliot) (Filed on 8/11/2017) (Entered: 08/11/2017), Certificate of Interested Entities by Exeter Finance Corp. identifying Corporate Parent Enzo Parent, LLC for Exeter Finance Corp.. (Fuller, Chad) (Filed on 8/8/2017) (Entered: 08/08/2017), STIPULATION Extending time for Defendant Exeter Finance LLC to Respond to Complaint (Joint Stipulation) filed by Exeter Finance Corp.. (Fuller, Chad) (Filed on 8/8/2017) (Entered: 08/08/2017), SUMMONS Returned Executed by Seely Moore. Murphy does not argue that the contract itself or the contract-specified finance rate of 20.6% is usurious. In her initial complaint, Pressley asserted claims under the Fair Debt Collection Practices Act, 15 U.S.C. Why is this public record being published online? Make your practice more effective and efficient with Casetexts legal research suite. Mailed notice (ef, ) (Entered: 09/23/2021), (#30) STIPULATION of Dismissal as to defendant Experian Information Solutions, Inc. (Plati, Michael) (Entered: 09/23/2021), (#29) MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal #27 explaining that the case has been voluntarily dismissed as against Defendant Exeter Finance, LLC only. 5:17-cv-04082. Edgar Rivera shares this sentiment and filed an action against Exeter Finance Corp., an auto loan financing company whose autodial system allegedly called him without his * This order and judgment is not binding precedent except under the doctrines of law of the In legal terms, this is called having standing to file the lawsuit. 2022-10-11, Los Angeles County Superior Courts | Contract | This page is located more than 3 levels deep within a topic. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff). By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Tex. Refers to: Exeter Finance LLC. The Judge overseeing this case is Timothy M Cain. 107, 2017 U.S. Dist. 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