Category: Auto Fraud

October 10, 2017 Posted By Daniel Schlanger

Update Re Recent Case Filings: Identity Theft, Auto Fraud, …

Proud to report that our work on behalf of victims of identity theft and auto fraud continue.

  • For information regarding our most recent identity theft filing (regarding a debt collector who sued our client for rental arrears after being informed that the “debt” was the result of identity theft), click here.
  • For information about our most recent undisclosed accident damage case, click here.

September 24, 2017 Posted By Daniel Schlanger

Kakalec & Schlanger, LLP Files Fair Credit Reporting Act Cases Against Consumer Reporting Agencies, Banks, And Auto Dealership In Connection With Identity Theft Scam

Kakalec & Schlanger, LLP recently filed suit against Equifax Information Services, Inc., Experian Information Solutions, Inc., American Honda Finance Corporation, Bank of America, First National Bank of Omaha, Municipal Credit Union, Valley National Bank, Manhattan Jeep Chrysler Dodge, Inc. and others in connection with a series of auto financing related identity thefts.   The suits are brought on behalf of  two New York consumers – a police officer and a retired detective – who allege that they suffered damage to their credit when credit bureaus, auto finance companies and auto dealerships were notified that the consumers’ identities had been stolen and their signatures forged on dozens of auto finance agreements and failed to respond properly.  The suits, Regan v. Equifax Information Services, Inc., et al. (17-cv-06166) and Tracey III v. Equifax Information Services, Inc., et al. (17-cv-06157), allege claims under the Fair Credit Reporting Act and state law, and are currently pending in U.S. District Court for the Southern District of New York.

These two related cases are examples of the firm’s recent advocacy on behalf of victims of identity theft.

Posted By Daniel Schlanger

Kakalec & Schlanger, LLP Files Suit Against Lee’s Motors, Inc. And Toyota Motor Credit Corporation Alleging Auto Fraud

Kakalec & Schlanger, LLP recently filed suit in U.S. District Court, Eastern District of New York against Lee’s Motors, Inc. and Toyota Motor Credit Corporation on behalf of two individual consumers, a father and son.  The suit, brought under the Truth in Lending Act, the New York Motor Vehicle Retail Instalment Sales Act, and New York General Business Law, alleges that the auto dealership incorrectly listed the son as borrower on the father’s loan documentation, failed to provide required loan disclosures, and refused to fix the loan documentation despite repeated requests, causing each of the plaintiff’s real harm.

The suit, Islam, et al. v. Lee’s Motors, Inc., et al., 1:17-cv-03955, is pending in U.S. District Court, E.D.N.Y., and is one of several our firm has or is in the process of filing that relate to the practice of having consumers provide “digital signatures” which are then affixed to documents that are not properly disclosed to the consumer.

March 15, 2017 Posted By Daniel Schlanger

Kakalec & Schlanger, LLP Files Suit Against Carsbuck, Inc. and Westlake Financial Services, Deceptive Auto Financing Practices

Kakalec & Schlanger, LLP recently filed suit in U.S. District Court, Eastern District of New York, against auto dealer Carsbuck, Inc. and Westlake Financial Services on behalf of consumer Carlos Guerrero-Roa.  The suit, brought under the Truth In Lending Act, the Equal Credit Opportunity Act, New York’s Motor Vehicle Retail Installment Sales Act and New York’s deceptive practices and usury statutes, alleges that the dealership refused to accept cash for the vehicle and then engaged in a variety of misconduct in order to inflate the price of the vehicle and the cost of financing.  The lawsuit addresses the increasingly frequent dealership practice of having consumers provide their signature via use of a digital “pad”, and alleges that despite instructing the consumer to provide his signature in this manner, the dealership failed to provide the consumer with the relevant loan documents, including statutorily required disclosures regarding the cost of borrowing.