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2d Cir. Affirms that an SCRA Plaintiff Could Not State a Claim

by Scott J. Hyman |

There were a number of holdings in this unpublished decision, but we'll focus just on the SCRA claim.  In Kwon v. Santander Consumer USA, 2018 WL 3546498, at *2 (C.A.2 (N.Y.), 2018), the Court of Appeals affirmed that the Plaintiff did not plead enough to state a claim under the SCRA. Nor do we discern any error in the district… Read More

District Court (Ga.) Finds that Plaintiff Stated a Claim Against Automobile Title Lender Under Military Lending Act for Charging More Than Permitted APR; Certifies Class Action

by Scott J. Hyman |

In Cox v. Community Loans of America, Inc., 2014 WL 1216511 (M.D.Ga. 2013), Judge Land found that a private right of action existed against a vehicle title-loan company under the Military Lending Act, and found that class certification would be appropriate for charging loans that exceed the MLA’s 36% limit. Plaintiffs seek to represent a class of active duty military… Read More

District Court (Cal.) Finds SSCRA No Obstacle to Enforcing Arbitration Clause in Class Action

by Scott J. Hyman |

In Beard v. Santander Consumer USA, Inc.,  2012 WL 1292576 (E.D.Cal. 2012), Judge McAuliffe enforced an arbitration clause against a servicemember who filed a class action against an automobile finance company arising from its predecessor’s repossession of the servicemember’s vehicle. In the underlying action, Beard brings a putative class action against Defendants alleging violations of the Servicemembers Civil Relief Act,… Read More

District Court (Ala.) Holds Vehicle Title Pawn Transactions Were “Loans” under Military Lending Act, Prohibiting Class-wide Arbitration

by Scott J. Hyman |

In Cox v. Community Loans of America, Inc., 2012 WL 773496 (M.D.Ga. 2012), the District Court held that automobile title pawn transactions were “loans” subject to the Military Lending Act, which itself prohibits arbitration enforcement. Accordingly, the petition to enforce arbitration in a class action alleging that the loan transactions were void at inception was denied because the MLA prohibits… Read More

District Court (Cal.) Finds Rosenthal Act Violation while Collecting Debt from National Guardsman

by Scott J. Hyman |

In Owings v. Hunt & Henriques, 2010 WL 3489342 (S.D.Cal. 2010), Judge Lorenz found that a debt collector violated the Rosenthal Act in the collection of a debt from a National Guardsman called into military service.    The definition of “debt collector” under California Civil Code Section 1788.2(c) expressly excludes “an attorney or counselor at law.” FN2 A creditor's counsel… Read More