Loan-Related Unfair Practices

PNC Bank No Refund of GAP Fees for Early Auto Payoffs Class Action

This class action concerns Guaranteed Automobile Protection (GAP) agreements when customers pay off their auto loans early. The complaint for this class action brings suit against PNC Bank, NA, which does business as PNC Auto Finance, alleging that the company retains unearned GAP fees, when it should be refunding them to consumers after early payoffs.  Read more

Capital Plus Financial Funding of PPP Loans Class Action

Many businesses were put under severe financial strain due to the Covid-19 pandemic. To help alleviate the situation, Congress passed the CARES Act, which, among other things, provided emergency help to small businesses, sole proprietorships, and nonprofits through the Paycheck Protection Program (PPP). But the complaint for this class action alleges that Capital Plus Financial,  Read more

Nissan Motor Acceptance Refunds of Unearned GAP Waiver Fees Class Action

When a car is totaled or stolen, the insurance payout may not be enough to cover the amount the person still owes on the auto loan. The difference between the payout and the amount of the loan is called the “gap.” Consumers can cover this gap by buying Guaranteed Asset Protection (GAP) products. This class  Read more

Hyundai Capital No Refund of GAP Waiver Fees Class Action

This class action concerns Hyundai Capital America’s failure to refund fees from Guaranteed Asset Protection (GAP) Waiver Addendum fees when auto loans are paid off early. The complaint alleges that a certain portion of these fees are not earned when auto finance loans are paid off before the scheduled time and that these should be  Read more

American First Finance Terms of Loan Not Disclosed California Class Action

American First Finance, Inc. (AFF) has agreements with retail stores that allow it to provide financing for retail purchases. But the complaint for this class action allege that the company is not licensed to provide financing in California and that it makes financing Security Agreements with consumers that do not properly disclose the terms or  Read more

Bankers Healthcare Group “Commercial” Loans to Consumers Class Action

Bankers Healthcare Group, LLC (BHG) is a financial company that makes loans to healthcare-related individuals and businesses. The complaint for this class action alleges that the company has been making loans to individual healthcare workers but has disguised them as loans to businesses by putting the letter “d/b/a” before the borrowers’ names. The complaint claims  Read more

Ally Financial Auto Loan Collection Pay-to-Pay Fee Class Action

This class action involves an auto loan serviced by Ally Financial, Inc. and a pay-to-pay charge it applied to borrower payments. The complaint alleges that the fee was excessive and not permitted under the Retail Installment Sales Contract (RISC) governing the loan.  Read more

Klarna “Buy Now, Pay Later” Plan and NSF Fees Class Action

Klarna, Inc. offers a “buy now, pay later” service to consumers who would like to spread out their payments for a purchase over time. The complaint for this class action alleges that the company makes misrepresentations and omissions in suggesting that the service is free, when in reality, users are all too likely to incur  Read more

Big Picture Loans High Interest Rates Settlement

This settlement resolves a class action against Big Picture Loans and Red Rock Tribal Lending, which does business as Castle Payday Loans, and also resolves other cases based in Virginia, California, Oregon, Georgia, and Massachusetts. The complaint alleged that the companies violated state usury laws and the Racketeer Influenced and Corrupt Organizations (RICO) Act, made  Read more

Great Plains, Others Excessive Interest Rates on Loans Settlement

This settlement resolves a class action against Kenneth Rees and a number of “payday loan” companies, including Sequoia, TCV, and National Credit Adjusters (NCA), for loans originating with Great Plains Lending, LLC, Plain Green, LLC, and MobiLoans, LLC. The latter three are companies supposedly owned by Indian tribes. This is a second settlement in a  Read more