Capital One auto class action lawsuit overview:
- Who: Melissa S. Grant filed a class action lawsuit against Capital One Auto Finance Inc.
- Why: Grant claims Capital One’s auto finance division repossesses vehicles without providing a proper notice of disposition.
- Where: The class action lawsuit was filed in Pennsylvania federal court.
Capital One’s auto finance division repossesses vehicles without any legal process or judicial oversight, a new class action lawsuit alleges.
Plaintiff Melissa S. Grant’s class action lawsuit claims Capital One Auto Finance fails to provide proper notice of disposition when repossessing vehicles it financed.
“In its ordinary course of business, the defendant has systematically failed to provide statutorily sufficient notice to its borrowers of their rights post-repossession,” the Capital One auto class action says.
Grant wants to represent a nationwide class of consumers who purchased a vehicle financed and then repossessed by Capital One without proper notice within the last six years.
Capital One sent unlawful disposition notice after repossessing vehicle, class action claims
The class action lawsuit argues a disposition notice Capital One sent Grant after it repossessed her model year 2015 Dodge Charger vehicle in July 2020 failed to comply with legal requirements.
“The disposition notice that the defendant issued to the plaintiff did not comply with the strict requirements for such explanatory notices in the context of a consumer goods transaction,” the Capital One auto class action says.
Capital One’s disposition notice failed to provide the aggregate amount of obligations after deducting the amount of proceeds, the amount of any surplus or deficiency and the credits to which Grant was entitled, the Capital One auto class action alleges.
Grant claims Capital One is guilty of violating the Uniform Commercial Code. She demands a jury trial and requests declaratory and injunctive relief and an award of statutory damages for herself and all class members.
A group of consumers filed a separate class action lawsuit against Capital One in late August over claims the financial institution shares the personal information of its customers with third parties such as Meta, Google and Microsoft without their customers’ consent.
Has Capital One unlawfully repossessed your vehicle? Let us know in the comments.
The plaintiff is represented by Aurelius P. Robleto and Renee M. Kuruce of Robleto Kuruce, PLLC.
The Capital One auto class action lawsuit is Grant, et al. v. Capital One Auto Finance Inc., Case No. 2:24-cv-01281, in the U.S. District Court for the Western District of Pennsylvania.
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25 thoughts onCapital One auto arm fails to provide proper repossession notice, class action claims
Capital One did not notify me that they were selling my vehicle nor did they notify me after thr sale of my vehicle. They are still trying to collect the full balance owed without applying the credits.
COAF took possession of my truck over 60 days after I rescinded the contract to which I found fraud between them and the dealer. They disclosed my private info without my permission and that 3rd party disclosed my private info to a second tow company, this also constitutes conspiracy. I had engaged the trucks geo tracking and my truck notified me that it was being driven after it was reprocessed. They had even drove it by my home! My truck notifies me to this day of it’s whereabouts. The loss of my transportation was a factor in the loss of my home. The collateral damage is beyond responsible. They had no valid reason, contact, or a court order to take my truck not did they ” arbitrate” as written in the so-called contract. I wish to be a part of this class action.
COAF just repossessed my vehicle today and I have the title, the lien satisfaction letter and Account paid in full letter. They still won’t update it in their system causing my car to keep getting towed. They have it on their repo list and won’t remove it. I would like to join this class action suit as well.
Capital One Auto Finance has locked me out from being able to access my auto loan account, refusing to maintain payment arrangements THEIR account managers agreed to (has been a cycle for over 6 months) I haven’t been able to get caught up because the arrangements they make are not what happens. Now my vehicle is up for reposession. I would like to speak to an attorney about my options.
Im having the same issue they are not sticking to the agreement time and period and I just keep getting further ans further behind because the plans are not doable and everytime I speak to someone I get a different due date
I’d like to join this class actionw
As an extension of my previous post I would also like to file a class action lawsuit against Capital One auto financing due to their fraudulent Acts and harassment my phone and also by the skip tracers that they hire that has caused myself and my family emotional and mental stress
Capital one unlawfully repossessed my 2017 Ford Flex last July 2024. I thought my car was stolen just to find out that it was repossessed without any notice and while I was under a payment Arrangement which I had set up myself. Not only did they repossess my car but they manipulated the funds in my Chase bank account in order to make my ACH payment failed to go through yet reflecting on my end that it had. They continue to manipulate my account and lock me out of my online auto and credit account while they make changes to document. I I have evidence to back up my claim and unfortunately the local authorities have not helped me at all I am sick of this company and I demand Justice
I was not given 21 days according to Washington State law, Capital One only gave 10 days notice after reposession. And then they sold the vehicle at private auction without providing the day and time of the auction. I need to join this lawsuit
I voluntarily surrendered my vehicle in Washington State, and was waiting for my tax return to recover the vehicle back. In Washington State, they require a 21 day period according to the Washington State law. Capital One only gave me 10 days and they have it on recording when I called in saying that they only need to give 10 day notice and that I was wrong about Washington State law on it. I would like to be part of this lawsuit as they had sold my vehicle already at a private auction and did not provide me with the date and time of the auction either so that I would be able to bid on the vehicle myself.
Capital One Repossessed my 2016 BMW X1. I was almost done paying for the car. I tried making payment arrangements within the past year. They sent me a notice in April 2024 that said I was in default. The notices they send never state they will repossess the car. I reinstated in August thinking I will come up with the money to pay off the car. I had paid over 35K already and the car cost only 23K. The interest rate was so high 15.6%, I was shocked that I even signed my name to a rate that high when I had good credit when I bought the car. I went in the store near my home on December 10, 2024 and came out and my car was gone. I contacted them. I disputed the repossession. I had just called on 12/03/2024 and the representative told me I was not out for repossession yet. The August reinstatement was described as the CSR Escalation Dispute Supervisor saying “I just paid that to stop them from getting my car and I needed to make the payments another 90 days consecutive to stop repossession.” I paid off the car- I owed them $4800 and I paid $3800 and the Repo/Auction People tore up my car delivered it to the dealer I use for repairs and refusing to pay for the damages in almost 10K they devalued my car. I made several extensions to pay to try not to loose my car and they did not keep their word most of the time. They sent my car to auction 3 days early. Items were stolen out of my car. It is a horrible experience when they could have just believed me when I told them I was going to pay. No one speaking to them would make up stories that they will pay. I paid for almost years and had a little financial difficulty. They realized the value of my car was $15k and thought they were in for a quick payday. Whomever the Repo people sold my car to got mad and destroyed my car when they apparently returned it during the 30 day redemption. Now no one wants to pay.
I would like to edit my post… I want to add that; Add me to the list. Capital one auto finance unfairly repossessed my van and auctioned it… I think it a way for them to make quick money…repossess and auction off the vehicle.
I’m writing this reply to express my desire to file a lawsuit against Capital One Auto financing company regarding the exact same claim you have made this is a u fair practice that COAF does for financial benefit . COAF violates many federal laws and trade practices but acting in a deceptive and unfair trade practices that also violate truth and lending act and FCRA harming consumers and causing damages. This is an obvious issue that has become a normal practice for COAF and it needs to be investigated.