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This settlement is closed!

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Ally Financial Inc.
(Photo credit: Ally Financial)

UPDATE 2:

  • Readers reported receiving payments of $41 from this settlement as of Feb. 4, 2022.
  • Congratulations to everyone who filed a claim and got PAID!

UPDATE:

  • The Court granted final approval to this settlement Aug. 31, 2021.
  • Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Ally Financial Inc. has agreed to a settlement worth $787,500,000 benefiting consumers who received notices from Ally that failed to comply with state requirements.

Two Classes have been established:

  • Nationwide Class: Anyone who was named as a borrower, co-borrower, obligor, co-obligor, buyer, co-buyer, purchaser, co-purchaser, guarantor, owner, or co-owner in a Covered Contract, whose Covered Contract was secured by Collateral, whose Collateral was repossessed — voluntarily or involuntarily — and whose Collateral was disposed of during the Class Period.
  • Missouri Class: Anyone who obtained a Missouri Certificate of Title from a motor vehicle identifying Ally Financial as the lienholder as a result of entering into a Covered Contract, or who was named as a borrower, co-borrower, obligor, co-obligor, buyer, co-buyer, purchaser, co-purchaser, guarantor, owner, or co-owner with a Missouri address in a Covered Contract, whose Covered Contract was secured by Collateral, whose Collateral was repossessed — voluntarily or involuntarily — and whose Collateral was disposed of during the Class Period.

The start date for each state’s Class Period can be found as Exhibit A on the Court’s Order on Disputed Statutes of Limitation; the Class Period for all states ends March 19, 2021.

A class action lawsuit had alleged the notices Ally Financial sent to borrowers before and after their property was repossessed did not comply with each state’s form and content requirements under the Uniform Commercial Code.

Ally denies any liability concerning the issues in the class action lawsuit, but has agreed to the settlement. The Court has not ruled in favor of either party.

Ally Financial provides a variety of financial services, from home and car loans to banking and retirement savings options. The company holds $182 billion in total assets and has about 9 million customers, according to an Ally fact sheet.

The terms of the settlement agreement provide a variety of relief for Class Members.

Ally Financial has agreed to pay $87.5 million in cash to cover payments to Class Members, attorneys’ fees, and incentive awards to the Class Representatives.

Each Class Member will receive an average cash payment of $28.90; the maximum payment will be $686.92, and the minimum will be $1.28.

Ally also has agreed to no longer seek collection on a portion of any deficiency balance reflected as outstanding in Ally’s records after Ally repossessed and sold the property. 

The value of this benefit, called the Gross Deficiency Waiver Amount, will be at least $700 million. The amount of the waiver will vary for each Class Member, but it will be the amount of their deficiency balance or $1,300, whichever is lower.

In addition, Ally Financial has agreed to stop occurring finance and late charges on Class Members’ deficiency balances as of the settlement’s effective date, and will request that Experian, Equifax, and TransUnion delete trade-line information on Class Members’ credit reports that is related to their Ally account that is subject to this settlement.

A final hearing in the Ally Financial repossession settlement will be held Aug. 9, 2021.

The deadline to opt out of the settlement is July 13, 2021.

No claim form is required for this settlement.

Photos: I think there may be an Ally logo in the media library. If not, search “repossession.”

Who’s Eligible

Two Classes have been established:

  • Nationwide Class: Anyone who was named as a borrower, co-borrower, obligor, co-obligor, buyer, co-buyer, purchaser, co-purchaser, guarantor, owner, or co-owner in a Covered Contract, whose Covered Contract was secured by Collateral, whose Collateral was repossessed — voluntarily or involuntarily — and whose Collateral was disposed of during the Class Period.
  • Missouri Class: Anyone who obtained a Missouri Certificate of Title from a motor vehicle identifying Ally Financial as the lienholder as a result of entering into a Covered Contract, or who was named as a borrower, co-borrower, obligor, co-obligor, buyer, co-buyer, purchaser, co-purchaser, guarantor, owner, or co-owner with a Missouri address in a Covered Contract, whose Covered Contract was secured by Collateral, whose Collateral was repossessed — voluntarily or involuntarily — and whose Collateral was disposed of during the Class Period.
Potential Award

$686.92

Each Class Member will receive an average cash payment of $28.90; the maximum payment will be $686.92, and the minimum will be $1.28.

Proof of Purchase

No proof of purchase required.

Claim Form

No claim form is required for this settlement.

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Opt Out Deadline

07/13/2021

Case Name

Ally Financial Inc. v. Haskins, Case No. 16JE-AC01713-01 in the 23rd Judicial Circuit Court for Jefferson County, Missouri

Final Hearing

08/09/2021

Settlement Website
Claims Administrator

First Class, Inc./ J14601-Ally
5410 W. Roosevelt Rd., Ste. 222
Chicago, IL 60644-1490

Class Counsel

James G. Onder
Martin L. Daesch
Jesse B. Rochman
ONDERLAW LLC

Defense Counsel

Todd W. Ruskamp 
SHOOK, HARDY & BACON LLP

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395 thoughts onAlly Financial Repossession $788M Class Action Settlement

  1. Kazawann says:

    Peace and Greetings! Hey guys, I know of someone who is currently going through this same situation. However, I believe that this should be done a different route. As I told a friend of mine, I find it completely inexcusable that everyone walks out with something except the consumer whose credit that the so called lender had used in the first place. This is nothing but pure greed and their stilling the wealth of the people via interest. When these people use your social security trust account, it is charged and the Government lends the funds from your account. These greedy devils create other accounts as if they owe you. You have a public side of the ledge and you have a private side of the ledger. When you close an account on the public side, the account is always open on the private side. I hope that y’all don’t think that the Scammers that run ‘Well Fargo Bank’ were the only ones creating multiple accounts without the consumer’s consent ‘aka’ the true creditor’, did you! All of these devils know exactly what’s going on. You guys should come together and do your own Class Action Lawsuit, in that way you can get a whole lot more than a measly $3.00 check that wasn’t worth a minute of your time. You guys must study the law or these constructive thieves will Legally rob you blind. No the game and play it as they do, by using the Law. Everyone should already know that those instruments that you carry in your walled are trust setup in your name. Benefit from it or continue to let them steal your hard earned currency and your interest.

  2. Angela says:

    I got my checks but I just received a collection notice from them. Doesn’t this violate the terms of the settlement?

    1. Mary says:

      I just received court papers. I thought this was written off😡

    2. Angella says:

      Just got my papers too. I thought Ally wasn’t allowed to collect, per the settlement.

  3. Kevin Robertson says:

    I don’t understand how a company can get away with such illegal actions and nothing is being done about it. I am suing them for damages and lost after they took my car after the contract was over, and also accelerated the amount owed with out proof and conflicting letters being sent. hate to say I understand why people take guns to settle crimes being committed by companies with no regards to people lives. This company should be shut down and no longer be able to take more money than what is expected based on credit. I paid them $552.22 for 6yrs and was told all I have to do is pay on time for a year and my payments will go down but that did not happen so can you tell me how they can take 35k from me for a car that was worth $18k New at the time to only make more money off of, this should be illegal and stop from happening. I won’t deal with this company even if they offered me a free car. I am very sick and would like to see something done before someone takes matter in there own hands as we see often. Lets stop the white collar crooks.

  4. Katie J LeBlanc says:

    Ally said i was behind &1200 on my car i paid it & they still repossed it anyway.

    1. Mark Hughes says:

      They did the same to me just a few months ago

  5. Kaitie says:

    So would this be considered a canceled debt when filing taxes this year?

  6. Jacqueline Butterbaugh says:

    I got my 2 Checks

  7. Frances Herrin says:

    Ally repossessed my 2016 mustang California special for so.e kind of bs can I get my car back or the loan money to find a replacement of my dream car that took me 56 years to finally get

  8. Nicole says:

    I am fighting a dispute since July 2022 when they repossessed my car stating I was behind $1300, but in fact I really wasn’t but still had to pay $2200 to go and get my car from Auto Auction two hours away. Started a dispute with the redemption dept on July 25, with yet to hear anything. Tried calling several times this month and all I get is the run around.
    I have been asking them since I got this car in Jan 2019 (which then I paid two months ahead for cushion), when I spoke with them in Feb-March 2019 asking my date be switched from the 5th to the 20th of each month… they stated it was done so I had been paying on that date and even made a double payment when I could. Well then July of this year they took my car.
    I could go on and on and on… I will never ever use this company again for an auto loan or any loan for that matter.
    I know it was an Improper repo as per my records and the 4 reasons I had to state why I wasn’t delinquent when I started the dispute. And let’s not even talk about the effective communication or saying it’s documented and it never really is.
    Getting telephone numbers of distant doesn’t family harassing them 4-5+ times if a payment is even so much as a few days late. They in fact somehow got the number of my step mother (who had my father murdered but they claimed self defense and we have had 0 contact since then in 2005) for both personal and legal reasons. Mind you when they are speaking to the 15 distant family members (including step mother listed above) pretty much the only thing they don’t disclose to these members are my social. So now those whom I have had no contact with know my general location and or my personal financial business, totally unacceptable as well as unprofessional. I’m betting even though I spoke to them and asked them to clear all those individuals off they probably didn’t, seeing as how there’s no communication whatsoever. Frankly, they should send the $2200 rebates repo dispute check to me as opposed to putting it on my balance because I wasn’t behind to begin with and should have never had to pay that. They also tried to charge me for making faubs but I was a step ahead and took a picture of the zip lock I put them in with my name and vehicle information and asked them when they called if they would like to see the picture I have stating otherwise. The response I got was “oh well our repo driver must not have communicated that, we apologize.” “I see we have them.”
    I didn’t even know there was an action lawsuit until today 9/20/22 when searching for the repo dispute number.
    Wow!!
    Pissed Off Ally Customer That’s Owed $2,200 plus missed work for not having a car (until I was able to secure a reliable person to help until I got my car) and for when I had to schedule off to come and get the two hours away hours from being auctioned off!

    1. Frances Herrin says:

      I had my 2016 mustang cali special 5.0 repossessed what can I do to get it back

    2. Stacey says:

      We had this happen to ended up costing 7k to get the truck back and it’s like that 7 k was never applied to the balance . We should start out on class action law suit for this .

    3. Jazzmanian Angel says:

      I’ve dealt with them since 2015 and I got sick. I called and told them what was going on because it was a loss in income for a little while. One lady in collection department told me I didn’t qualify for any extension but I would qualify for a catch-up program when I get 45 days late and to call back. I did but I also get a letter threatening me to pay for two months by a certain date or they will this and that, so I told him about the letter but he said nooo repossession is not on table. The letter even says a simple call may be all that’s needed. WTF?? Check the recordings and see I been blowing the phones up. Then he says I don’t qualify for the catchup program but wait, I’m doing what the collection lady told me. As long as a person pays the extension payment, it shouldn’t matter how many times a person extends. But, they only have like once or twice in a year but things happen that we have no control over and if we have been faithful paying customers what the hell??? Anyway I will never deal with them again. They are definitely full of SH*T 💩 I hate these things have happened to you and others. I put everything in an email so they can listen to what I was told since they claim we are being recorded. I’m done.

  9. Shari says:

    This isn’t a comment would like help regarding Ally. Have two car payments with Ally with different account numbers.they took three of my payments for one Vehicle and applied those three to my other car payment both with different account numbers. Not knowing until I requested a payment history and noticed three payments weren’t accounted for. Called for months never received a straight response reach out to my bank for proof they cashed the checks with the account number those checks should have gone to not knowing until now they were applied to my other account. So now they took that money out of the unpaid balance for the second car which made it go up. Know letter explaining anything and know right answer. Write to cfp can you hello me?

  10. Alisha Holmberg Atkinson says:

    Alisha Holmberg Atkinson I finance a fusion w them

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