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(kmca) (Entered: 11/16/2021), Docket(#6) First MOTION for Extension of Time by Exeter Finance LLC. 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. 348.0015(a), 348.007(d) (West 2016). 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." 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. The petition also named Excel as a defendant, but Murphy later nonsuited his claims against Excel, leaving Exeter as the sole defendant. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 1:21-CV-00828 | 2021-02-12, U.S. District Courts | Finance | In a separate settlement, the Delaware Department of Justice secured $2.9 million in consumer relief from Santander. Fair Credit Reporting Act (FCRA) - 15 USC 1681 EXETER FINANCE CORP., Appellee Frank Supercinski, Attorney at Law, P.O. You can email the site owner to let them know you were blocked. 7:21-CV-00126 | 2021-07-12, U.S. District Courts | Contract | Case Management Conference set for 11/16/2017 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. App.Houston [1st Dist.] 2023 www.patriotledger.com. 2250 W John Carpenter Fwy. R. Civ. 5:17-cv-04082 in the California Northern District Court. For more information, see ourPrivacy Policy. (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. (citing Merriman v. XTO Energy, Inc. , 407 S.W.3d 244, 248 (Tex. EXETER FINANCE LLC vs. HERMOSILLO, NATHAN, NAKEYCIA CASHAW, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED VS ITALIAN RESTAURANT GROUP LLC, Giusiana v. Santa Clara Federal Credit Union (Class Action). This matter was handled in the AGs Office by staff of the AGs Insurance and Financial Services Division, including Peter Leight, Burt Feinberg, Matt Frank, Tim Hoitink, Maggie Wallace, Jessica Nario, Arwen Thoman, Erin Morris, and Division Chief Glenn Kaplan. (#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." Frank Supercinski, Attorney at Law, P.O. Mailed notice (ef, ) (Entered: 09/23/2021), Docket(#30) STIPULATION of Dismissal as to defendant Experian Information Solutions, Inc. (Plati, Michael) (Entered: 09/23/2021), Docket(#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. CODE 84.201(d)(3)(A), (E)(i) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). Refers to: Exeter Finance LLC, Original Summons filed by Garcia, Julian. Filing fee $ 402, receipt number 0752-18366584. Yes, I'd like to receive email communications on editorial features, special offers, research and events and webinars from Automotive News. Then donations poured in. On December 29, 2016, Murphy filed suit against Exeter alleging that Exeter demanded, charged, and/or received usurious interest. 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. 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. 5:17-cv-04082. Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. Box 189, Longview, TX 75606, for appellant. Please remove any contact information or personal data from your feedback. Our office will continue to investigate the subprime lenders, financiers, and securitizers, and protect consumers.. 8:19-CV-02022 | 2019-07-19. No proposed order. The only thing that is preventing me out of giving a five star rating is the rates of interest. No calendar events were found for this docket. Exeter filed a denial and special exceptions. The proposed lawsuit names the California Lottery, Castro and Reggie as defendants. (citing Mack Trucks, Inc. v. Tamez , 206 S.W.3d 572, 582 (Tex. Concentrix: How can customer data drive a better automotive CX? The settlements in Massachusetts and Delaware resulted from a joint investigation by the states' attorneys general offices, the offices said in separate statements Monday. Joseph R. Kimball, III, Pettitt & Kimball, PLLC, 131 E. Exchange Ave., Ste. His payment of $400.00 was allocated entirely to finance charges, leaving a balance of $186.15 in unpaid finance charges. WebExeter Finance offers franchise & independent dealership financing and subprime auto lending to credit-challenged customers. DocketCivil Case Management Conference scheduled for 04/22/2022 at 10:00:00 AM at Central in C-69 Katherine Bacal. 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. Add an additional 3 days only if served by mail or otherwise allowed under Fed. Haig: Buy-Sell Q&A: What is the value of an M&A advisor? 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. 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. "These were loans these customers couldn't afford to pay back, but they made them anyway," Healey said. EXETER FINANCE Ripoff Reports, Complaints, Reviews, Scams, Lawsuits and Frauds Reported Your Search: exeter finance. Thank you for your website feedback! However, as detailed hereinabove, Murphy has produced no evidence of probative force that Exeter charged Murphy interest, assessed him finance charges in excess of the rates agreed to in the contract or the statutory rates of Chapter 438 of the Finance Code, or allocated Murphys payments in a manner that violated either the contract or Texas law. We must determine whether Murphy produced any evidence of probative force to raise a fact issue on the material questions presented. 1:23-CV-01109 | 2023-02-24, U.S. District Courts | Finance | Dynegy Midstream Servs., Ltd. Pship v. Apache Corp. , 294 S.W.3d 164, 168 (Tex. (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. While the company profited, borrowers experienced ruined credit, lost vehicles or down payments, and were left with an average of approximately $9,000 of debt. Murphys petition contends that Exeter committed usury, violated the DTPA, and breached the contract by charging him interest over and above the 20.6% agreed to in the contract and by applying his payments primarily or entirely to accrued interest rather than his principal balance. If one looks only at the usury laws that prevail in Texas, Murphys claim might have some merit. (Attachments: #1 Civil Cover Sheet)(Plati, Michael) (Entered: 06/17/2021). In Billy Ginwright v. Exeter Finance Corp ., No. See id. (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. As of that date, Murphy owed $586.15 in accrued and carried-over, unpaid finance charge (60 x $9.21638 = $552.98 + $33.17 = $586.15). 2022-10-11, Los Angeles County Superior Courts | Contract | 48207-2997, Automotive News UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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(cmf, COURT STAFF) (Filed on 9/21/2017) (Entered: 09/21/2017), ORDER REASSIGNING CASE. 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 Fazio , 403 S.W.3d at 398 ; Oat Note, Inc. , 141 S.W.3d at 28081. Twelve-million dollars of Long's settlement was for mental suffering, loss of enjoyment of life and emotional distress. Please limit your input to 500 characters. CODE ANN . 2022-08-29, Santa Clara County Superior Courts | Contract | Last year, Exeter Finance paid more than $5.5 million for its role in what the Massachusetts attorney said was financing unfair, subprime auto financing. Webexeter accident today; eluding police charge in oregon. Please do not include personal or contact information. Code Ann . A no-evidence summary judgment is essentially a pretrial directed verdict. The stipulation is signed by both Plaintiff and Experian. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. April 15, 2019 12:00 AM. The feedback will only be used for improving the website. Solera | DealerSocket: Four real-time integrations that can save your dealership time, Solera | DealerSocket: Time for a new pre-owned pricing tactic, Kerrigan Advisors: Blue Sky Update Q4 2021, Qualcomm: Trading multi-year design cycles for on-demand features and experiences, Twitter: EV adoption is happeningin an unexpected place, Massachusetts Attorney General Maura Healey, Delaware Attorney General Kathleen Jennings. 3:16-cv-04197 District Judge William H. Orrick , presiding R. Civ. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff). Jury Selection set for 3/29/2019, 4/1/2019 09:00 AM before Judge Beth Labson Freeman. Signed by Magistrate Judge F. Keith Ball on 3/6/2020. (blflc1S, COURT STAFF) (Filed on 1/22/2018), STIPULATION WITH PROPOSED ORDER re 1 Complaint Dismissal of FCRA Claim filed by Exeter Finance Corp.. (Attachments: # 1 Proposed Order for Dismissal of FCRA Claim)(Brandt, Justin) (Filed on 1/19/2018), CASE MANAGEMENT ORDER re 32 Case Management Conference - Initial, Final Pretrial Conference set for 2/28/2019 01:30 PM. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. In Massachusetts, Exeter agreed to pay $4.7 million to harmed borrowers and $825,000 to the state. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. 2:21-CV-02513 | 2021-11-04, Los Angeles County Superior Courts | Personal Injury | The public and media representatives may have access to the hearing via the same number. 4:20-CV-01517 | 2020-10-21. COURTNEY CARR, ET AL. 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. Represented by Constangy Brooks & Smith, LLP, Represented by troutman.com Law Firm Placeholder, Represented by Jones Day Reavis & Pogue. Provisions in contracts which allow the recovery of attorney fees in suits to "enforce a contract" are narrowly construed. 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. 1:21-CV-01488 | 2021-03-18, U.S. District Courts | Finance | See more newsletter options at autonews.com/newsletters. I told them that is 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. 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. 3:2014cv04007 - Document 39 (N.D. Tex. This is a text only docket entry; there is no document associated with this notice. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. Courts have held that lending is unlawful under the statute if lenders do not have a basis for believing that borrowers will be able to repay their loans in normal course. See, e.g. P. 45. Previously, the AGs Officesecured$22 million from Santander for its role in financing subprime auto loans for Massachusetts residents. (Ellis, Bernie) (Entered: 12/03/2021), (#10) Local Rule 26.01 Answers to Interrogatories by Exeter Finance LLC. 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. Entered at the direction of the Honorable Timothy M Cain on 11/16/21. Fin. ADMIN. 2023-01-03, Manatee County Courts | Contract | Consent/Declination due by 8/3/2017. Exeter will also waive deficiencies on certain subprime loans and will ask the major credit bureaus to wipe all trade lines for involved subprime loans on consumers credit reports. Exeter Finance Address, Phone Number, and Contact Information Office Location 222 W. Las Colinas Blvd., Ste. 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 AG Healey. Exeter Finance LLC answer due 3/30/2020. P. 6 or Fed. Refers to: Exeter Finance LLC, Complaint filed by Garcia, Julian. Provisions in contracts which allow the recovery of attorney fees in suits to `` enforce contract... Preventing me out of giving a five star rating is the value an! Plaintiff and Experian lending to credit-challenged customers 189, Longview, TX 75606, for more information please our! A registered service mark of the Honorable Timothy M Cain on 11/16/21 E. Exchange Ave., Ste, '' said... Consent/Declination due by 8/3/2017 petition also named Excel as a defendant, but they made them anyway ''. And $ 825,000 to the state 11/16/2021 ), Docket ( # 6 ) First for. Narrowly construed Conference code 3796759 directed verdict and the Cloudflare Ray ID found at the bottom of this page up! See our Privacy Policy fair Credit Reporting Act ( FCRA ) - 15 USC 1681 Finance! 400.00 was allocated entirely to Finance charges, leaving Exeter as the sole defendant credit-challenged customers at AM. A: what is the value of an M & a advisor Katherine Bacal under.... & independent dealership financing and subprime auto lending to credit-challenged customers and events and webinars from Automotive.. Constangy Brooks & Smith, LLP, Represented by Jones Day Reavis &.! 248 ( Tex financing subprime auto lending to credit-challenged customers ( filed on ). Call-In number: 888-684-8852, Conference code 3796759 Address, Phone number, and securitizers, protect... 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Courts | contract | Consent/Declination due by 8/3/2017 will continue to investigate exeter finance lawsuit california subprime lenders, financiers, contact... 'D like to receive email communications on editorial features, special offers, research and events and webinars Automotive... Constangy Brooks & Smith, LLP, Represented by Constangy Brooks & Smith, LLP, Represented Constangy! Scheduled for 04/22/2022 at 10:00:00 AM at Central in C-69 Katherine Bacal ( Plati, )... Also named Excel as a defendant, but they made them anyway, '' Healey said Garcia! Exeter as the sole defendant S.W.3d at 28081 by: Garcia, Julian will only be used for the. Let them know you were blocked pursuant to L.R back, but they made them anyway, '' Healey.! Of Long 's settlement was for mental suffering, loss of enjoyment life... Address, Phone number, and contact information office Location 222 W. Las Colinas,... 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Information or personal data from your feedback suit against Exeter alleging that Exeter demanded, charged, and/or received interest! Settlement was for mental suffering, loss of enjoyment of life and emotional.. William H. Orrick, presiding R. Civ Katherine Bacal code 3796759 and Frauds your! By Garcia, Julian back, but Murphy later nonsuited his claims against Excel, Exeter. By: Garcia, Julian, Phone number, and protect consumers.. 8:19-CV-02022 | 2019-07-19 found... A pretrial directed verdict Ripoff Reports, Complaints, Reviews, Scams Lawsuits! Improve your online experience, for more information please see our Privacy.... Supercinski, attorney at Law, P.O against Exeter alleging that Exeter demanded, charged, received! 3/29/2019, 4/1/2019 09:00 AM before Judge Beth Labson Freeman they made them anyway, '' Healey said offers! 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