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Class Action Filed over Alleged Violations of the Servicemembers Civil Relief Act

Stamford, CT: Attorneys for plaintiff Sergeant Charles Beard have filed a consumer fraud class action lawsuit alleging Satander Consumer USA and Triad Financial Corporation illegally and routinely repossess automobiles belonging to active duty U.S. military personnel without first obtaining a court order, in violation of the Servicemembers Civil Relief Act (SCRA). The complaint, filed in U.S. District Court, Eastern District of California, also alleges that the defendants fail to reduce the applicable interest rate to six percent for any servicemember who provides them with notification under Section 527 of the SCRA.

Sgt. Beard, who is in the Army National Guard, purchased a Kia Sportage in September 2007 and began making payments to Triad Financial. In August 2008, Sgt. Beard was ordered to active duty and was deployed abroad. The suit alleges that the defendants repossessed Sgt. Beard's Sportage in February 2009, despite his wife telling them that her husband was on active duty and that a court order was required to repossess the car. A representative of the defendants allegedly told Mrs. Beard that she would go to jail for a stolen car if she did not return the vehicle. Although an Army legal assistance attorney advised the defendants that Sgt. Beard was protected under the SCRA, the suit alleges that they nonetheless sold his Sportage at auction, and kept both the auction proceeds and Sgt. Beard's payments.

According to the court filing, the defendants' repossession of Sgt. Beard's vehicle in violation of the SCRA is typical, and therefore qualifies for class action status. It notes that, after reviewing many jurisdictions heavily populated by military personnel, it was found that the defendants routinely fail to determine whether a delinquent borrower is in the military or on active duty. It says, "Defendants routinely ignore servicemembers' rights under the SCRA and wrongfully repossess their cars without obtaining the required court orders." Moreover, the court filing notes that the defendants routinely charge more than the six percent interest rate allowed by the SCRA.

Satander SCRA Violations Class Action Legal Help

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Published on Nov-22-11


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