Responses due by 10/12/2017. If you do not agree with these terms, then do not use our website and/or services. U.S. Bankruptcy Courts | Other | Suggestions are presented as an open option list only when they are available. The AGs lawsuit noted that while the company profited from these loans, borrowers experienced credit harm, and, in some instances, lost their vehicles or down payments. The trial court denied Murphys motion for summary judgment and granted both Exeters traditional and no-evidence motions for summary judgment. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. (tshS, COURT STAFF) (Date Filed: 11/16/2017) (Entered: 11/17/2017), ORDER GRANTING 30 EXPERIAN INFORMATION SOLUTIONS, INC.'S MOTION TO APPEAR BY TELEPHONE AT HEARING. She said many of the consumers hurt by those lending practices livein cities including Springfield, Boston, Worcester and Brockton. DocketCivil Case Management Conference scheduled for 04/22/2022 at 10:00:00 AM at Central in C-69 Katherine Bacal. This is a text only docket entry; there is no document associated with this notice. We will use this information to improve this page. Complaint filed by Garcia, Julian. Box 189, Longview, TX 75606, for appellant. More:Marshfield mom tried to raise money for a wheelchair ramp. Canada Animals Canada Apple News Canada Apps & Smartphones Canada Arts Canada Business News Canada Cars News Canada Celebrity Canada Christian News Sign up and get the best of Automotive News delivered straight to your email inbox, free of charge. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. Contact the Attorney General's Office at (617) 727-2200, AG Healey Secures $5.5 Million for Consumers, State in Subprime Auto-loan Settlement. In his first three points of error, Murphy contends that the trial court erred in granting Exeters no-evidence motion for summary judgment as to his claims of usury, claimed violations of the DTPA, and allegations that Exeter had breached the contract. (citing Mack Trucks, Inc. v. Tamez , 206 S.W.3d 572, 582 (Tex. Signed by Judge Executive Committee on 6/7/2018. (jmlS, COURT STAFF) (Filed on 7/20/2017) (Entered: 07/20/2017), Proposed Summons. , Fazio v. Cypress/GR Houston I, L.P. , 403 S.W.3d 390, 398 (Tex. 2:23-CV-00293 | 2023-02-24, U.S. District Courts | Finance | Concentrix: How can customer data drive a better automotive CX? Refers to: Exeter Finance LLC, Civil Case Cover Sheet filed by Garcia, Julian. Previously, the AGs Office secured $22 million from Santander (Plati, Michael) (Entered: 07/08/2021), DocketSUMMONS Issued as to Defendants Equifax Information Services, LLC, Exeter Finance, LLC, Experian Information Solutions, Inc. (crl, ) (Entered: 06/25/2021), Docket(#3) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Syed Haseeb Hussain (Hussain, Syed) (Entered: 06/17/2021), DocketCASE ASSIGNED to the Honorable John F. Kness. Murphy failed to pay the scheduled September 5, 2014 payment. 5-1(e)(7). (arut) (Entered: 10/07/2021). Because his payment exceeded the accrued finance charges, $39.50 was allocated to the principal balance ($140.00 - $100.50 = $39.50), reducing the principal from $16,188.30 to $16,148.80, this reducing the daily finance rate to $9.114117 ($16,148.80 x 20.6% = $3,326.6528 365 = $9.114117). Settlement to Provide Relief to Hundreds of Massachusetts Borrowers. Jury Selection set for 3/29/2019, 4/1/2019 09:00 AM before Judge Beth Labson Freeman. Entered at the direction of the Honorable Timothy M Cain on 11/16/21. AG Healey has been a national leader in holding subprime auto lenders accountable. 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. No statute allows attorney fees to be awarded for successfully prosecuting a no-evidence motion for summary judgment, so they must be authorized by the contract for the trial courts award to be proper. [ECF 2, 2-1]. The feedback will only be used for improving the website. Mailed notice(ef, ) (Entered: 10/19/2021), (#32) Notice of Settlement by Dennis J. Henderson as to Defendant Equifax Information Services, LLC (Plati, Michael) (Entered: 09/29/2021), (#31) MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a stipulation of dismissal #30 explaining that the case has been voluntarily dismissed as against Defendant Experian Information Solutions, Inc. only. See, e.g. Last year, Exeter Finance paid more than $5.5 million for its role in financing unfair, subprime auto loans. (Ellis, Bernie) (Entered: 11/11/2021), (#9) ANSWER to #1 Complaint by Exeter Finance LLC. Top-requested sites to log in to services provided by the state. The settlement also requires CAC to make changes to its loan handling practices. A .mass.gov website belongs to an official government organization in Massachusetts. 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. 301.002(a)(4) (West 2016). Exeter Finance LLC et al On 10/05/2021 Bradley filed a Finance - Consumer Credit lawsuit against Exeter Finance LLC. This case was filed in U.S. District Courts, South Carolina District Court. The Judge overseeing this case is Timothy M Cain. The case status is Pending - Other Pending. (#6) First MOTION for Extension of Time by Exeter Finance LLC. (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. Participants are directed to keep their device muted when they are not speaking. Case Details Parties Documents Dockets Case Details Case Number: 6:21-CV Joint Case Management Statement due by 11/9/2017. 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. 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. Murphys list of calculations is apparently based on a misunderstanding of the transaction and the law governing it. Therefore, we apply the same legal sufficiency standard in reviewing a no-evidence summary judgment as we apply in reviewing a directed verdict. at 95 ; Travelers Indem. With an interest rate of 20.99 percent, he said he quickly fell behind and then endured constant collection calls and vehicle repossessions until he lost the car in 2019. 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. Thank you for your website feedback! 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. 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. Some page levels are currently hidden. 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. Similarly, Murphys affidavit is not evidence of sufficient probative force to raise a fact issue on any material question, because the terms of the contract specify that payments will first be allocated to accrued but unpaid finance charges with any remainder being allocated to the principal. P. 45. In his final point of error, Murphy contends that the trial court erred in awarding Exeter attorney fees. 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. 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." Response to Motion due by 11/29/2021. Consumers with questions about settlement eligibility should contact AG Healeys Insurance and Financial Services hotline at 1-888-830-6277. 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. 2002). (Ellis, Bernie) (Entered: 12/03/2021), Docket(#7) TEXT ORDER granting #6 Motion for Extension of Time. Fair Debt Collection Practices Act (FDCPA) - 15 USC 1692, (#26) ANSWER to Complaint and Affirmative and Other Defenses by Equifax Information Services, LLC(Stanzick, Jasmine) (Entered: 08/30/2021), (#8) MOTION by Defendant Experian Information Solutions, Inc. for extension of time to file answer (Unopposed) (Salvi, Mackenzie) (Entered: 07/14/2021), (#7) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Experian Information Solutions, Inc. (Salvi, Mackenzie) (Entered: 07/14/2021), (#6) ATTORNEY Appearance for Defendant Experian Information Solutions, Inc. by Mackenzie Renee Salvi (Salvi, Mackenzie) (Entered: 07/14/2021), (#5) SUMMONS Returned Executed by Dennis J. Henderson as to Exeter Finance, LLC on 6/28/2021, answer due 7/19/2021. EXETER FINANCE CORP., Appellee Frank Supercinski, Attorney at Law, P.O. 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. Murphy agreed to make seventy-two payments of $399.12 beginning on August 5, 2014. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. 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 Murphys first payment of $399.12 as prescribed in the contract was due on August 5, 2014. 2015) Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, it is ordered that Parker and A no-evidence summary judgment is essentially a pretrial directed verdict. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, CODE 84.201(d)(3)(A), (E)(i) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). See Fazio , 403 S.W.3d at 398 ; Oat Note, Inc. , 141 S.W.3d at 28081. WebExeter Finance Corp. v. Autocom Energy, LLC Federal Civil Lawsuit California Northern District Court , Case No. Borrowers eligible for relief under todays settlement will be contacted by the AGs Office. And the best part of all, documents in their CrowdSourced Library are FREE! If you do not agree with these terms, then do not use our website and/or services. If a stipulation of dismissal is received before the next status hearing, the hearing will be stricken. WebIn 2016, Exeter Finance reported a $3 billion portfolio valuation. Please limit your input to 500 characters. Tex. 1:21-CV-00828 | 2021-02-12, U.S. District Courts | Finance | Why is this public record being published online? 1999) (per curiam). 3:2014cv04007 - Document 39 (N.D. Tex. 107, Fort Worth, TX 76164, for appellee. 2023 www.patriotledger.com. Predatory car loans, like predatory student loans or mortgages, hurt families and communities. 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. 1155 Gratiot Avenue Case assignment: Random assignment. (crl, ) (Entered: 06/17/2021), (#2) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Michael Joseph Plati (Plati, Michael) (Entered: 06/17/2021), (#1) COMPLAINT filed by Dennis J. Henderson; Jury Demand. We will use this information to improve this page. 2250 W John Carpenter Fwy. Because loan rates 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. No proposed order. What kind of company is Exeter Finance? Cloudflare Ray ID: 7a170b3a5bf12f14 (Attachments: # 1 Memorandum of Points and Authorities In Support of Motion to Dismiss, # 2 Declaration of Brionne Collins In Support of Motion to Dismiss, # 3 Proposed Order Granting Motion to Dismiss)(Fuller, Chad) (Filed on 9/28/2017), ADR Certification (ADR L.R. Cases involving consumer credit violations, 371, 480, 1371, 1480, 2371, 2480, 3371, 3480, 4371, 4480, 5371, Truth in Lending Act (TILA) - 15 USC 1601-1667 Consumers eligible for payments from todays settlement will be contacted by an independent trustee and the AGs Office. 2006) ; King Ranch, Inc. , 118 S.W.3d at 751 ). Exeter denied the allegations and filed special exceptions, a traditional motion for summary judgment, and a no-evidence motion for summary judgment. Previously, the AGs Office. Exeter Finance Corp. served on 7/25/2017, answer due 8/15/2017. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 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. 100 N Carson St. United States. As of that date, Murphy owed $748.35 in accrued and carried-over, unpaid finance charge (60 x $9.21638 = $562.20 + $186.15 = $748.35). Distance From Exeter, Ontario Update. Similarly, Murphy argues that Exeter violated the terms of the contract because "Exeter charges, collects, and receives usurious interest" and "immediately applies [his] payments to alleged accrued and unpaid interest, and not finance charges." (kmca) (Entered: 11/16/2021), (#5) Summons Issued as to Exeter Finance LLC, Primeritus Financial Services Inc. (Attachments: #1 Summons for Primeritus Financial Services, Inc.)(arut) (Entered: 10/07/2021), (#3) Local Rule 26.01 Answers to Interrogatories by Jennifer Bradley. NISSAN: 2022 Pathfinder and 2022 Frontier, APCO HOLDINGS: Strategies for handling new F&I dynamics. et al, Hundley v. Experian Information Solutions, Inc. et al, Mokszycki v. Equifax Information Services LLC et al. denied) (citing Merrell Dow Pharms., Inc. v. Havner , 953 S.W.2d 706, 711 (Tex. See General Order 65 and http://cand.uscourts.gov/cameras. It originally filed in January 2019 with a proposed deal size of $100 million. We will use this information to improve this page. Represented by Constangy Brooks & Smith, LLP, Represented by troutman.com Law Firm Placeholder, Represented by Jones Day Reavis & Pogue. (Entered: 09/14/2017), SUMMONS Returned Executed by Seely Moore. 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. Why is this public record being published online? Texas Office of Consumer Credit Commissioner , Current Motor Vehicle Rate Chart (2018), https://occc.texas.gov/industry/motor-vehicle-sales-finance-mvsf/rate-charts; Texas Office of Consumer Credit Commissioner , Supplement to Motor Vehicle Rate Chart (2018), https://occc.texas.gov/industry/motor-vehicle-sales-finance/rate-charts/supplement. (Attachments: # 1 Notice of Eligibilirty for Video Recording)(bwS, COURT STAFF) (Filed on 9/20/2017) (Entered: 09/20/2017), CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. Crocker v. Babcock , 448 S.W.3d 159, 163 (Tex. 3:21-CV-00494 | 2021-04-01, U.S. District Courts | Personal Injury | If you make your scheduled payments late, your Finance Charge will increase." Your IP: The motor vehicle installment contract Murphy entered into is governed by Chapter 348 of the Texas Finance Code. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). P. 6 or Fed. Murphy does not argue that the contract itself or the contract-specified finance rate of 20.6% is usurious. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff). The AGs Office alleges that Exeter facilitated the origination of Massachusetts auto loans that the company knew or should have known were unfair and in violation of the state Consumer Protection Law. As part of the funding process, these financial institutions securitize the loans, funding them by selling investment notes. All Rights Reserved. 2:23-CV-00294 | 2023-02-24, U.S. District Courts | Finance | 1:20-CV-02580 | 2020-10-05, U.S. District Courts | Contract | WebCarson City. (amkS, COURT STAFF) (Filed on 9/21/2017) (Entered: 09/21/2017), Experian Information Solutions, Inc.'s ANSWER to Complaint byExperian Information Solutions, Inc. (Lee, Benjamin) (Filed on 9/21/2017) (Entered: 09/21/2017), ADR Clerk's Notice Setting ADR Phone Conference on October 16, 2017 at 11:30 AM Pacific time. 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. Finally, one place to get all the court documents we need. 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. To request information suppression, updates, or additions, contact us about this docket. Signed by Judge Beth Labson Freeman on 1/22/2018. Murphy v. Exter Fin. Refers to: Exeter Finance LLC. WebIn particular: It is a violation of federal law for Exeter Finance to report inaccurate or incomplete information on your credit report. , 412 S.W.3d at 742. A time price differential is "an amount, however denominated or expressed," that is added to the sales price, principal amount, or amount financed "paid or payable to the seller by the purchaser for the privilege of paying the offered sales price after the time of sale," such as through a retail installment contract. (crl, ) (Entered: 06/17/2021), Docket(#2) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Michael Joseph Plati (Plati, Michael) (Entered: 06/17/2021), Docket(#1) COMPLAINT filed by Dennis J. Henderson; Jury Demand. Signed by Judge Beth Labson Freeman on 1/29/2018. Subprime auto lender Exeter Finance has agreed to pay more than $6 million in two states for financing auto loans that the lender knew or should have known were unfair. Both states say the loans violated state law. Therefore, even granting all inferences in Murphys favor, we find that the statement of account, Murphys listed calculations, and his affidavit fail to present any evidence of probative value to support his usury claim against Exeter. Please do not include personal or contact information. In Texas, attorney fees may not be recovered from an opposing party unless they are authorized by statute or by contract between the parties. Sign up or sign in to contribute one. Add an additional 3 days only if served by mail or otherwise allowed under Fed. Defendant's motion for an extension #27 is dismissed as moot. No one has written a summary of this case yet. P. 6 or Fed. 7 TEX. 2. If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. 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