American Honda Finance Corp. was hit with a class action lawsuit in a Pennsylvania state court for allegedly not giving proper notification to customers that their vehicles were going to be repossessed.
Plaintiff Robert Jeffers of Pittsburgh claims in his Honda class action lawsuit that the financing side of Honda violated consumer protection laws in Pennsylvania by not properly notifying him and other Honda customers about what would happen to their repossessed vehicles — specifically that they would be put up for auction.
“When a secured lender exercises its self-help remedy to repossess its motor vehicles collateral from its consumer debtor, the creditor must adhere to stringent mandatory statutory disclosures to comply with the Pennsylvania Commercial Code,” the Honda repossessed vehicle class action lawsuit states. “This consumer protection class action seeks monetary relief to redress a lender’s pattern and practice to fail to provide commercially reasonable notice.”
Jeffers explains in his class action lawsuit that his Honda vehicle was repossessed on July 26, 2013, when he happened to be out of town on business for a three week period. He says that when he returned, he discovered that he was never sent a letter informing him that his vehicle was going to be repossessed.
He then called Honda’s repossession department, and he was told that the letter was sent and “returned to Honda, unclaimed.”
Jeffers’ asked for a copy of the letter that was apparently sent to him as well as any other paperwork regarding the loan, according to the Honda class action lawsuit.
Honda sent him “a computer-generated form letter dated July 29, 2013, addressed to him,” which was the “Notice of Repossession.”
However, the Pennsylvania man claims that “the Notice of Repossession fails to provide the requisite minimum disclosures as required by [Pennsylvania Commercial Code] and the [Motor Vehicle Sales Finance Act],” or MVFSA.
The notice was supposed to inform Jeffers how the vehicle is going to be disposed. In this case, the Pennsylvania man claims he was only told that it would be sold, not the method — at an auction — as well as the time and place of the auction. Both of which are required by law.
Honda is also supposed to send a post-sale notice about the vehicle, which it did, but without required information, according to state law, which is supposed to state if there is a surplus or an amount still owed following the sale.
In addition, Jeffers claims that without sending him a letter “providing him with an accounting of the purported debt arising from the sale of the vehicle, Honda reported (and continues to report) an allegedly outstanding debt of $21,897 to credit bureaus when such debt is exempt from collection by law, and when Honda knows or reasonably should know that such debt is invalid and not owed.”
According to Pennsylvania law, he and other Honda customers are supposed to be able “to recover minimum damages of not less than the credit service charge plus 10 percent of the principal amount of the obligation” if the statute is violated.
Jeffers is looking to represent four classes of Pennsylvania residents who have also had vehicles repossessed by Honda without the proper notifications.
Jeffers is represented by Richard Shenkan of Shenkan Injury Lawyers LLC.
Counsel information for the defendant wasn’t immediately available.
The Honda Repossessed Vehicle Class Action Lawsuit is Robert Jeffers v. American Honda Finance Corp., Case No. 150401707, in the Court of Common Pleas of Philadelphia County, Pennsylvania.
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9 thoughts onHonda Repossessed Vehicles in PA Without Proper Notification, a Class Action Says
Live in PA and car was just repossessed without notification by Honda. Been trying to get it back and am always told ” you will hear in 48 hrs”.
Received a call stating I had to pay off the balance. Why? Have never heard of cars being repossessed without notification and especially not being able to make it right and retrieve your car. Still waiting for information from them and it is almost a week.
Bob, may I contact you as well? My Honda was repossessed on November 28, 2022 in Philadelphia. I thought it had been stolen because I didn’t realize my payments weren’t being deducted from my bank account. Apparently, because of a glitch in their system, when I changed banks over the summer and added the new account to Honda Financial Services for automatic withdrawal, their system defaulted back to my defunct bank account. Instead of notifying me, they repossessed my car. Legally, that’s in their right to do. However, they are supposed to notify me in writing after repossession, and they have not. Here is where it gets strange. When I was able to finally get someone to call me back 3 days later, he said my case would be reviewed to see if my loan would be reinstated. He asked me several questions. I explained to him what happened. I had never missed a payment or been late prior in the 3 years I owned the car. He gave me a quote for the amount of money it would cost to reinstate the loan and the date by which it would need to be paid. He said I would get a definite answer by the end of the day or the following day. When I didn’t hear back, I called again and was told I was denied. When I asked why, the reason I was given was that I have a “history of delinquent payments,” when I do not have such a history. I had already given the explanation of what happened to the same person, and my payment history up until that glitch is immaculate. Afterwards, when I went into my Honda Financial Services account to pull up my payment history, I can see my profile information, my car information, and the amount of the loan, but it says I don’t have access to anything else on my account. That seems very fishy to me. Can you give me some input please? Thank you.
I live in California and was never given the option/notice to buy the car back from auction, etc..?
I live in York PA and Honda also repoed my car and didn’t send me a notice. I came out one morning and realized my car was gone so I called Honda and they told me they repoed it.
Wilma
PLEASE contact me:
[email protected]. put “from Wilma” in subject line
Florida as well I had to go thru the Consumer Agency to even get notice of sale and what was owed
This lawsuit needs to be expanded to NY state. I went through the exact same thing with them! No notice, nothing in writing, and HFS outright lied about the money owed before the repo. Payments were also not correctly and accurately applied to the account, along with over-inflating the interest rate on the loan!