UACC Motor Vehicle, NOI and Deficiency Balance Class Action Settlement

A settlement has been reached with United Auto Credit Corporation in a class action lawsuit alleging that the “Notices Of Our Plan To Sell Vehicle” (NOIs) that were sent out by UACC regarding repossessed vehicles did not comply with California legal standards.

The UACC class action alleges that these notices were sent out between Dec. 11, 2010 and Dec. 16, 2015.

Additionally, the United Auto Credit class action lawsuit claims that UACC was not entitled to collect a deficiency balance if that balance remained after the vehicle was sold to another party.

Lawrence Mesngon is the defendant and cross-complainant in the UACC lawsuit. Mesngon alleged that UACC violated California Civil Code and Business & Professions Code.

UACC has denied the claims and has not admitted any liability related to the allegations set forth. Both parties entered into the settlement as a compromise to resolve the claims and to avoid further litigation.

According to UACC’s records, there are approximately 1,414 members included in the Settlement Class. The total amount of the deficiency balances for those members is approximately $5,284,306.64 and of that amount, UACC has collected $35,746.80.

Should you choose to exclude yourself or object to the UACC class action lawsuit settlement, you must do so by Mar. 15, 2016.

Who’s Eligible

UACC settlement Class Members include all individuals:

1. who purchased a motor vehicle and, as part of that transaction, entered into an agreement subject to California’s Rees-Levering Automobile Sales Finance Act, Civil Code §2981, et seq. (“RISC”);
2. whose motor vehicle was repossessed or voluntarily surrendered;
3. who were sent an NOI by UACC between Dec. 11, 2010 and Dec. 16, 2015; and
4. against whose account a deficiency balance was assessed after sale of the vehicle.

Potential Award

Varies.

Both monetary and non-monetary benefits are included as part of the UACC class action settlement:

• The monetary amount a class member is eligible for is based on the actual amount paid to UACC for a deficiency balance. Eligible Class Members will receive a check in the amount of 60 percent of the actual amount paid to UACC for their deficiency balance.  The check will be issued to the person who is the first borrower named on the account.
• All Class Members will receive the benefit of having UACC cease their attempts to collect any deficiency balance. UACC will also instruct TransUnion, Equifax and Experian to delete the trade line that references Settlement Class Members’ accounts.  Eligible claimants do not need to do anything to receive these benefits.

Proof of Purchase

N/A.

Claim Form

N/A.

There is no Claim Form for this UCAA class action settlement. All eligible Class Members have been issued a notice as a result of their affiliation with UCAA during the time period indicated. A check will be mailed to eligible Class Members after the final hearing, if the settlement is approved.

If you did not receive a notice but you believe you are part of the Settlement Class(es), you may contact the Settlement Administrator at 866-510-0150 for more information.

Exclusion Deadline

03/15/2016

Case Name

United Auto Credit Corporation v. Mesngon, Case No. HG14747897 in the Superior Court for the State of California in and for the County of Alameda, Northern Division

Final Hearing

04/01/2016

Settlement Website

https://ClassAction.kccllc.net/UAM

Claims Administrator

UACC v. Mesngon Settlement
Class Administrator
P.O. Box 40007
College Station, TX 77842-4007

866-510-0150

Class Counsel

Bryan Kemnitzer
Kristin Kemnitzer
KEMNITZER, BARRON & KRIEG LLP

Defense Counsel

Anna S. McLean
SHEPPARD MULLIN RICHTER & HAMPTON LLP