Capital One auto arm fails to provide proper repossession notice, class action claims

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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