Wieden vs. Cross-defendant (class action cross-complaint) Riverside Superior Court, Case No. INC 047177

Michael Ernest Doukas

Case Conclusion Date:November 17, 2004

Practice Area:Class Action

Outcome:The total monetary value of the settlement to Class Members (312 consumers) was approximately $3,699,000 on a claims-made basis.

Description:A firefighter for the California Department of Forestry, Fire Protection Services, purchased an Isuzu Rodeo, financed through a local finance company which was repossessed. Debt collection by the creditor commenced. We alleged violations of California’s Fair Debt Collection Practices Act, (Civil Code §§ 1788 et seq.); violations of California’s Unlawful Competition Law, (Bus. & Prof. Code §§ 17200 et seq.); and various torts. A careful examination of the notice used by the creditor to advise the consumers of their right to reinstate or redeem a repossessed vehicle under California’s Rees-Levering Automobile Sales Finance Act ( “Rees-Levering”), California Civil Code §§ 2981 et seq. led us to believe that it was defective; and therefore, no deficiency was in fact owed. The total monetary value of the settlement to Class Members (312 consumers) was approximately $3,699,000 on a claims-made basis.The creditor also requested that the Credit Bureaus delete the entire tradeline relating to the Settlement Class Members’ derogatory credit performance, and alleged derogatory performance, from each and every Class Member’s credit report, including all reference to the original repossession.