In 2009 or 2010 there was a class action suit against DT Credit Corp or Drivetime Auto Sales. I was included in it.

Asked over 2 years ago - San Bernardino, CA

At the time I got a letter from their lawyer stating that DT Corp did not own my loan at the time of the class action suit. I just did a dispute with the CRA's and it was "verified" by DT Corp that the account was transferred to Ugly Duckling Car Sales. Effective September 1, 2002, Ugly Duckling Corporation changed its name to Drivetime Corp. If Ugly Duckling Corp is known as Drivetime Corp, then they did own my account at the time of the class action suite. If so they are fraudulently reporting on the 3 CRA's. What can I do? Can I do a FCRA 623 to investigate or what can I do.?

Attorney answers (2)

  1. Chief Nnamdi A Ekenna

    Contributor Level 6

    1

    Lawyer agrees

    Answered . There was a Class Action lawsuit against DRIVE TIME CAR DEALER, aka UGLY DUCKLING for leaking confidential information of their customers. That lawsuit was filed in the Los Angeles Superior Court by named Plaintiff, Cheryl Long, an Individual, on behalf of herself and all others similarly aggrieved by defendants’ conduct as alleged herein v. DRIVE TIME, a California Business Entity; UGLY DUCKLING, a California Business Entity, et al., The Case No. BC 352 692 was assigned to the case. I believe the case was handled for the Plaintiff and the Class by Attorney Robert F. Brennan.

    Robert F. Brennan, Esq. and his firm, Brennan, Wiener & Associates at the time had an address of 3150 Montrose Ave., La Crescenta, California - you have to verify if they are still at this location, unfortunately, I do not have a phone number to give you, however, you can always contact the State Bar of California for current Attorney/Firm information. The Firm also published a Blog on their website detailing this case and their involvement in an Article entitled WRONGFUL CREDIT DAMAGE, IDENTITY THEFT AND DEBT COLLECTION ABUSE.

    This is what you can do - Contact the above Law Firm and verify their involvement in handling the Class Action against Drivetime; upon verification, you can ask if you are now too late in filing a claim under that suit. Usually, there are publications and mailings to parties whose rights may be enjoined or merged with that of the Class upon class certification and just prior to settlement of the class action suit, and there is usually an opt-out clause - if the period of benefiting from the class recovery has not effluxed, you will be so advised. In most cases unclaimed monies recovered from class actions are paid into an escrow account from which late claimants can be compensated per the terms of the settlement and after the period ascribed thereto the monies may eschew to designated charities or other funds or revert to the Defendants.

    If for any reason(s) you were not preempted by the class action, you can always sue Drivetime individually (bearing in mind the Statutes of Limitation), even in a Small Claims Court, just like the lady who sued Honda in a Small Claims Court and won compensatory damages for false or deceitful MPG claims - this case is currently on Appeal - but it sure provides you with a precedent for seeking redress for these types of wrongs in such a court.

    Good luck, I hope you will find this somewhat helpful even if it does not provide all the answers you seek. You will most probably need the services of a lawyer to advise and point you in the right direction, even if you decide to go by way of a Small Claims action, it is always a good idea to consult a lawyer before embarking upon any legal venture.

    Sincerely,
    Chief Nnamdi A. Ekenna
    THE EKENNA LAW FIRM, apc.

  2. Adam Troy Savett

    Contributor Level 11

    Answered . There were a number of lawsuits against DT Corp & related businesses, such as DT Credit Corporation.

    If you have the original letter, or any other documents, they will likely have the case number and other details that will let you find the attorneys that represented the plaintiffs in this case. Contacting those attorneys will be the fastest and easiest way to get your situation evaluated and resolved.

    Just as examples, I have linked to three law firms and a claims administrator below that have handled cases involving DT.

    Good luck.

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