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This settlement is closed!
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A settlement has been reached in a class action lawsuit involving post-repossession notices of sale provided to Tucoemas Federal Credit Union customers who purchased vehicles in California that were repossessed or surrendered to TFCU between April 26, 2007 and Sept. 30, 2013.
In a cross-complaint filed as a class action lawsuit against Tucoemas Federal Credit Union, plaintiff Elizabeth See alleges that the post-repossession Notice of Intent to sell the vehicle sent by TFCU after the repossession or surrender of Class Members’ vehicles did not include all of the information required by law. See claims that TFCU is not entitled to collect money that is allegedly owed by borrowers if the proceeds of the sale of the vehicle were less than the amount owed to TFCU.
See asserts claims against TFCU for violations of the Rees-Levering Motor Vehicle Sales & Finance Act, California’s Unfair Competition Law, and other California laws.
TFCU has admitted that the post-repossession Notice of Intent to sell the vehicles did not fully comply with California law. It has agreed to settle the allegations to avoid the burden and expense of trial.
Who’s Eligible
Class Members include: “All persons who purchased a vehicle in California under a conditional sales contract that was assigned to Tucoemas Federal Credit Union (TFCU) and/or its associates, affiliates, and subsidiaries, and to whom TFCU sent a Notice of Intent to resell the repossessed or surrendered vehicle pursuant to the Rees-Levering Automobile Sales Finance Act following the repossession or voluntary surrender of the vehicle, and from whom TFCU claims that a deficiency was owed, beginning four years prior to the filing of this action, or April 26, 2007 until September 30, 2013.”
The following people are not included in the Settlement Class:
- Borrowers against whom a judgment for deficiency was obtained prior to April 26, 2011;
- Borrowers whose deficiencies were discharged in bankruptcy with no payments having been made to TFCU;
- Borrowers who are currently deceased; and
- Certain borrowers who settled previously with TFCU concerning any outstanding deficiencies.
Potential Award
Class Members will be refunded 90 percent of their payments and/or any of their future debt obligations will be extinguished.
Proof of Purchase
N/A
Claim Form Deadline
N/A. There is no Claim Form for this class action settlement. Class Members who do not opt out of the TFCU settlement by May 31, 2016 will automatically receive benefits.
Case Name
See v. Tucoemas Federal Credit Union, Case No. 10-142051, in the Superior Court of the State of California for the County of Tulare
Final Hearing
08/16/2016
Settlement Website
Claims Administrator
Tucoemas FCU v. See Class Administrator
P.O. Box 40007
College Station, TX 77842-4007
1-866-516-6806
Class Counsel
KEMNITZER BARRON & KRIEG LLP
Defense Counsel
MATHENY SEARS LINKER & JAIME LLP
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2 thoughts onTucoemas Federal Credit Union Vehicle Repo Settlement
I got my LCD check today. Exactly $98.78…I don’t know if I should laugh or cry..A whole lot less than what I was expecting…
MY 2003 ENVOY WAS TAKEN AFTER I HAD A LIEN FOR 1300.I RECIEVED A LETTER IN THE MAIL WHERE THIS WAS AN ILEGAL ACT.