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This settlement is closed!
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A class action settlement is now offering benefits for consumers who purchased vehicles from Del Amo Motorsports using a branded credit card financing plan.
Plaintiff Genes P. Ferreras brought this class action lawsuit to challenge defendant Del Amo Motorsports’ practice of offering financing for motorcycle purchases through branded credit cards, sometimes issued at the point of sale.
These credit cards were issued by Capital One NA and some of its predecessor banks. The lawsuit states that Del Amo Motorsports marketed these cards under names matching the brand names of motorcycles – names like “Kawasaki Card,” “Suzuki Card” and “Yamaha Card.”
Ferreras claims Del Amo Motorsports failed to make all the required disclosures required by law in connection to the financing of motorcycles using branded credit cards.
He claims the defendant’s practice violates California’s Rees-Levering Automobile Sales Finance Act. He accuses Del Amo Motorsports of making false and deceptive representations regarding payment terms and interest rates under the branded credit card financing plan.
Del Amo Motorsports denies these claims. The company insists that its financing plan complies with all applicable laws, and it has not admitted any liability in agreeing to this class action settlement.
The settlement requires Del Amo Motorsports to create a settlement fund worth $956,420, to be distributed among the Class Members. According to Del Amo Motorsports’ own records, there are 2,743 Class Members eligible to claim benefits.
The defendant will also be on the hook for class counsel’s attorney fees and costs, plus the costs of settlement administration. Ferreras has requested a $7,500 service award, which is subject to approval by the court.
Class Members can object to the settlement or exclude themselves from it by submitting a written request by Sept. 8, 2017.
Payments will be distributed automatically. Class Members do not need to take any action to receive payment. Potential Class Members who aren’t sure if they are in the Class or who want to update their contact information may want to get in touch with the settlement administrator.
Who’s Eligible
Class Members include all California persons who, between Nov. 10, 2011 and Oct. 31, 2016, purchased vehicles from Del Amo Motorsports under such terms that vest title in the buyer only after payment of part or all of the purchase price, or after satisfaction of some other condition; and the contract for the sale fails to state in a single document all the relevant contractual terms regarding total cost and payment, including the applicable interest rate.
Potential Award
Varies.
Each Class Member’s payment will be determined in part by the amount of money the Class Member financed using Del Amo Motorsports’ open-ended credit card financing.
Proof of Purchase
No proof of purchase is needed. Payments will be distributed to Class Members automatically, based on Del Amo Motorsports’ own sales records.
Frequently Asked Questions
Claim Form Deadline
There is no claim deadline. Payments will be distributed to Class Members automatically, based on Del Amo Motorsports’ own sales records.
Case Name
Ferreras v. Too Fast Inc. dba Del Amo Motorsports, Case No. BC600720, in Los Angeles County Superior Court
Final Hearing
10/25/2017
Settlement Website
www.FerrerasDelAmo.com
Claims Administrator
Ferreras v Del Amo Motorsports Inc.
c/o Heffler Claims Group
PO Box 59502
Philadelphia, PA 19102-9502
Class Counsel can be reached at (415) 632-1900.
Class Counsel
Bryan Kemnitzer
KEMNITZER BARRON & KRIEG LLP
CHAVEZ & GERTLER LLP
Defense Counsel
LEWIS BRISBOIS BISGAARD & SMITH LLP
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