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.
I am excited to report that I will be presenting a Lawline CLE this coming February titled “Using the Truth in Lending Act to Challenge Predatory Auto Lending”. The webinar will be presented live on February 8, 2016 at 2:30 PM EST, and should be available as part of Lawline’s catalog after that.
For more information about the presentation, and to sign up, click here.
Kakalec & Schlanger Obtains Reversal of Report & Recommendation Dismissing American Suzuki Financial Services From Consumer’s Truth In Lending Act Suit
Kakalec & Schlanger recently obtained reversal of a report and recommendation in a Truth In Lending Act suit brought in the Eastern District of New York on behalf of an elderly consumer who alleges that she was forced by an auto dealer to purchase numerous supplemental products as a condition of financing.
The decision, issued in Pierre v. Planet Automotive, Inc, docket #, 2016 U.S. Dist. LEXIS 80884 (E.D.N.Y. June 21, 2016), reversed multiple aspects of a magistrate judge’s report and recommendation, pursuant to which all of the consumer’s claims against the loan assignee, American Suzuki Financial Services, would have been dismissed. The District Court declined to adopt the magistrate’s report and the consumer retains her claims against the assignee under the Truth In Lending Act, New York’s false advertising statute (New York General Business Law Section 350) and for fraud. The consumer is represented by Kakalec & Schlanger, LLP partner Dan Schlanger.