First Circuit Refuses To Dismiss Consumer Class Action Involving Method Of Establishing Deficiency Claim

LexisNexis (January 9, 2019, 1:15 PM EST) -- On October 24, 2018, the First Circuit refused to dismiss a consumer’s putative class action against a secured lender that had financed the purchase of her car and, after her default, had repossessed the vehicle and sold it in a wholesale dealer auction. In her complaint, the consumer alleged that the pre-sale and post-sale notices that the lender had sent to her violated the foreclosure rules of the UCC and the Massachusetts Retail Installment Sales Act. The federal district court dismissed the suit against Honda on summary judgment and the consumer appealed....