exeter finance lawsuit california

Because the principal balance was reduced, the daily finance rate was reduced to $9.13641 ($16,188.30 x 20.6% = $3,334.79 365 = $9.13641). On appeal, Murphy contends that the trial court erred in granting Exeters motions for summary judgment as to his claims that Exeter had committed usury, had engaged in deceptive trade practices, and had breached its contract with him. Exeter Finance LLC answer due 3/30/2020. In legal terms, this is called having standing to file the lawsuit. Fin. A .mass.gov website belongs to an official government organization in Massachusetts. Case assigned to Judicial Officer Bacal, Katherine. Cases involving consumer credit violations, 371, 480, 1371, 1480, 2371, 2480, 3371, 3480, 4371, 4480, 5371, Truth in Lending Act (TILA) - 15 USC 1601-1667 COURTNEY CARR, ET AL. Please limit your input to 500 characters. We will use this information to improve this page. Plaintiff Attorney: Joseph Angelo. A no-evidence summary judgment is essentially a pretrial directed verdict. App.Houston [1st Dist.] The AGs lawsuit also contained allegations that CAC failed to inform investors that it topped off securitization loan pools with higher-risk loans. Specifically, the lawsuit alleged that CAC made high-interest subprime auto loans that it knew or should have known many borrowers would be unable to repay. Case Management Conference set for 11/16/2017 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. R. Crim. Exeter denied the allegations and filed special exceptions, a traditional motion for summary judgment, and a no-evidence motion for summary judgment. Share sensitive information only on official, secure websites. (Plati, Michael) (Entered: 07/08/2021), Docket(#4) SUMMONS Returned Executed by Dennis J. Henderson as to Experian Information Solutions, Inc. on 6/28/2021, answer due 7/19/2021. (cmf, COURT STAFF) (Filed on 10/16/2017) (This is a text-only entry generated by the court. Therefore, even granting all inferences in Murphys favor, we find that the statement of account, Murphys listed calculations, and his affidavit fail to present any evidence of probative value to support his usury claim against Exeter. 2015) Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, it is ordered that Parker and WebHow does Exeter Finance LLC protect my personal information? In 2019, she reached a $5.5 million settlement with Exeter Finance for its alleged role in financing unfair subprime auto loans. Solera | DealerSocket: Four real-time integrations that can save your dealership time, Solera | DealerSocket: Time for a new pre-owned pricing tactic, Kerrigan Advisors: Blue Sky Update Q4 2021, Qualcomm: Trading multi-year design cycles for on-demand features and experiences, Twitter: EV adoption is happeningin an unexpected place, Massachusetts Attorney General Maura Healey, Delaware Attorney General Kathleen Jennings. Case reassigned to Hon. Exeter Finance LLC et al On 10/05/2021 Bradley filed a Finance - Consumer Credit lawsuit against Exeter Finance LLC. This case was filed in U.S. District Courts, South Carolina District Court. The Judge overseeing this case is Timothy M Cain. The case status is Pending - Other Pending. (#6) First MOTION for Extension of Time by Exeter Finance LLC. 2021-10-14, U.S. District Courts | Finance | Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. In March 2017, Santander Consumer USA Holdings Inc. agreed to pay $16 million to more than 2,000 Massachusetts car buyers and another $6 million to the state for originating auto loans based on customer incomes that were "incorrect and often inflated." 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). The AGs Office sued CAC in August 2020 over the companys practices relating to the origination, collection, and securitization of subprime auto loans. Please remove any contact information or personal data from your feedback. Delaware and Massachusetts previously partnered to crack down on deceptive subprime auto lending. (pmc, COURT STAFF) (Filed on 9/19/2017) (Entered: 09/19/2017), CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Exeter Finance Corp (Brandt, Justin) (Filed on 9/19/2017) (Entered: 09/19/2017), NOTICE of need for ADR Phone Conference (ADR L.R. EXETER FINANCE LLC vs. HERMOSILLO, NATHAN, Progressive Services, Inc. v. Flatline Roofing, LLC et al, Les Schwab Warehouse Center, Inc. v. Hexpol Compounding, Clemmons Farming, Inc. et al v. Silveus Southeast LLC et al, Broadcast Music Inc et al v. Figaro LLC et al. Consumers eligible for payments from todays settlement will be contacted by an independent trustee and the AGs Office. A contract term is given its plain and ordinary meaning unless the instrument indicates a different meaning is intended by the parties. CODE 84.201(d)(3)(A), (E)(i) (Office of Consumer Credit Comm'r, Time Price Differential). The settlements in Massachusetts and Delaware resulted from a joint investigation by the states' attorneys general offices, the offices said in separate statements Monday. On or about June 26, 2014, Murphy entered into a written Retail Sales Contract, Simple Finance Charge Agreement with Excel Pre-Owned Super Center to purchase a 2011 Dodge Ram 1500 truck. 3-5 d) (Gale, Elliot) (Filed on 9/19/2017) (Entered: 09/19/2017), STIPULATION EXTENDING TIME FOR DEFENDANT EXETER FINANCE LLC TO RESPOND TO COMPLAINT re 1 Complaint filed by Exeter Finance Corp. (Fuller, Chad) (Filed on 9/14/2017) Modified on 9/15/2017 (bwS, COURT STAFF). 2017). No later than five business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). We are taking a close look at this industry and we will not allow companies to profit by violating our laws and exploiting consumers.. Court Reporter: Irene Rodriguez. CODE 84.201(b), (d)(3)(A) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). And the best part of all, documents in their CrowdSourced Library are FREE! Please limit your input to 500 characters. (Ellis, Bernie) (Entered: 12/03/2021), (#11) NOTICE of Appearance by David A Anderson on behalf of Exeter Finance LLC (Anderson, David) (Entered: 12/03/2021), Docket(#11) NOTICE of Appearance by David A Anderson on behalf of Exeter Finance LLC (Anderson, David) (Entered: 12/03/2021), Docket(#10) Local Rule 26.01 Answers to Interrogatories by Exeter Finance LLC. "These were loans these customers couldn't afford to pay back, but they made them anyway," Healey said. (Entered: 10/16/2017), OPPOSITION/RESPONSE (re 21 MOTION to Dismiss ) filed bySeely Moore. Exeter also allegedly mishandled servicing and collecting activities in violation of the Attorney Generals debt collection regulations. Some page levels are currently hidden. See Robbins v. Capozzi , 100 S.W.3d 18, 2627 (Tex. More:Marshfield mom tried to raise money for a wheelchair ramp. Over 3,000 borrowers across the state are expected to be eligible for settlement funds, including many residents of marginalized communities in Springfield, Boston, Worcester, and Brockton. Haig Partners: Dealership consolidation trends, Haig Partners: Dealership valuation trends, Haig Partners: Dealership succession planning, Ally: Navigating the future of automotive retailing, Google: How a century-old brand is transforming the auto industry. 2250 W John Carpenter Fwy. Beth Labson Freeman. 2022-10-11, Los Angeles County Superior Courts | Contract | For the reasons set forth, Exeter's motion is granted. 1155 Gratiot Avenue Top-requested sites to log in to services provided by the state. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), DocketDeclaration - Other filed by Garcia, Julian. In its statement, the Massachusetts attorney general's office also accused Exeter of violating debt collection regulations through mishandling servicing and collection of auto loans. Additionally, CAC borrowers were subject to hidden finance charges, which resulted in CAC loans exceeding the usury rate ceiling of 21 percent mandated by state law. Reassignment Order signed by Executive Committee on 9/20/2017. A finance company operating in Massachusetts, Exeter Finance LLC, will pay more than $5.5 million for its role in allegedly financing unfair, subprime auto loans for Massachusetts car buyers, Attorney General Maura Healey announced today. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), DocketCivil Case Cover Sheet filed by Garcia, Julian. 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(This is a text-only entry generated by the court. 2023-01-24, Riverside County Superior Courts | Contract | 1996). Under the contract signed by Murphy, he was not charged interest, but rather, a time price differential (a daily finance charge in addition to the principal) of $12.50 per $100.00 per year on the principal balance which, over seventy-two months, is the equivalent of the 20.6% annualized percentage rate specified in the contract. 3-5 b) of discussion of ADR options (Gale, Elliot) (Filed on 8/11/2017) (Entered: 08/11/2017), Certificate of Interested Entities by Exeter Finance Corp. identifying Corporate Parent Enzo Parent, LLC for Exeter Finance Corp.. (Fuller, Chad) (Filed on 8/8/2017) (Entered: 08/08/2017), STIPULATION Extending time for Defendant Exeter Finance LLC to Respond to Complaint (Joint Stipulation) filed by Exeter Finance Corp.. (Fuller, Chad) (Filed on 8/8/2017) (Entered: 08/08/2017), SUMMONS Returned Executed by Seely Moore. Because the notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment, the case against Defendant Exeter Finance, LLC is dismissed without prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. App.Eastland 2016, no pet.) CODE ANN . "This company's loans put Massachusetts car buyers in economic danger," Healey said in the statement. (tshS, COURT STAFF) (Date Filed: 11/16/2017) (Entered: 11/17/2017), ORDER GRANTING 30 EXPERIAN INFORMATION SOLUTIONS, INC.'S MOTION TO APPEAR BY TELEPHONE AT HEARING. If you make your scheduled payments late, your Finance Charge will increase." WebA number of companies have been sued in California for failing to provide their workers with accurate wage statements. (Gale, Elliot) (Filed on 8/4/2017), CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Seely Moore.. (Gale, Elliot) (Filed on 7/25/2017), Summons Issued as to Exeter Finance Corp., Experian Information Solutions, Inc. (dhmS, COURT STAFF) (Filed on 7/20/2017), Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/10/2017. 301.002(a)(16) (West 2016), 348.001(9) (West Supp. WebExeter Finance Corp. v. Autocom Energy, LLC Federal Civil Lawsuit California Northern District Court , Case No. Accordingly, the status conference currently scheduled for 11/15/21 is stricken and set for 12/6/2021 at 09:40 AM; the parties shall use the same call-in information #33 . Sahid Nagar, Bhubaneswar, 754206. half moon cay live camera; signification forme cire bougie; silke heydrich today; ancient map of sarkoris pathfinder; does exeter finance have a grace period. This is in accord with Section 84.201(d)(3)(A) of the Texas Administrative Code. On December 11, 2014 (sixty days after the payment prescribed in the contract to have been paid in October), Murphy paid $890.05. Murphys DTPA causes of action pursuant to Section 17.65, subsection (b)(5) and (12), of the Texas Business and Commerce Code are based on his claims that in violation of the contract, Exeter demanded, charged, and/or received usurious interest and committed the "usury frequent practice of applying monthly payments illegally to interest, with frequent, if not all, payments never being credited properly to reduction of principal." Settlement to Provide Relief to Hundreds of Massachusetts Borrowers. The lender has also agreed to change its loan and debt collection practices,Healey said. (Gale, Elliot) (Filed on 7/19/2017) (Entered: 07/19/2017), COMPLAINT against Exeter Finance Corp., Experian Information Solutions, Inc ( Filing fee $ 400, receipt number 0971-11560554.). (hrllc2S, COURT STAFF) (Filed on 4/5/2018), STIPULATION Protective Order filed by Exeter Finance Corp.. (Fuller, Chad) (Filed on 3/30/2018), ANSWER to Complaint byExeter Finance Corp.. (Fuller, Chad) (Filed on 2/12/2018), ORDER SUBMITTING 21 DEFENDANT EXETER'S MOTION TO DISMISS WITHOUT ORAL ARGUMENT; VACATING MOTION HEARING; AND DENYING 21 MOTION. CODE 84.201(d)(3)(A), (E)(i) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). More than 3,000 borrowers in Massachusetts could be eligible to receive money under a $27.2 million settlement Attorney General Maura Healey announced Wednesday with Credit Acceptance Corp to resolve allegations that the subprime auto lender engaged in predatory loan practices that ruined the credit of many consumers. All other deadlines associated with the initial case management conference are adjusted accordingly. Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. We reverse the trial courts award of attorney fees to Exeter, but affirm the remainder of the trial courts order granting Exeters no-evidence motion for summary judgment. A lock icon ( Some page levels are currently hidden. 2003) ; Rhine v. Priority One Ins. In a separate settlement, the Delaware Department of Justice secured $2.9 million in consumer relief from Santander. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. (holding party entitled to recover attorney fees for successfully defending fraud and DTPA claims under contract provision for such fees when agreement allowed their recovery by "[t]he prevailing party in any legal proceeding brought under or with respect to the transaction described in his contract"); Rich v. Olah , 274 S.W.3d 878, 888 (Tex. This matter is being handled by AG Healeys Insurance and Financial Services Division. Your IP: Signed by Judge Executive Committee on 6/7/2018. AG Healey has been a national leader in holding subprime auto lenders accountable. Therefore, Exeter was not entitled to an award of attorney fees because, by its actions in this case, it did not seek "to enforce" the contract against Murphy. Exeter to settle 'unfair loans' for $6 million. (Ellis, Bernie) (Entered: 11/11/2021), (#9) ANSWER to #1 Complaint by Exeter Finance LLC. His payment of $400.00 was allocated entirely to finance charges, leaving a balance of $186.15 in unpaid finance charges. "Exeter is committed to ensuring the highest standards of customer service in its business when delivering vital auto financing options to consumers," she added. Fair Credit Reporting Act (FCRA) - 15 USC 1681 Boston A finance company operating in Massachusetts, Exeter Finance LLC, will pay more than $5.5 million for its role in allegedly financing unfair, subprime auto loans denied) (citing Merrell Dow Pharms., Inc. v. Havner , 953 S.W.2d 706, 711 (Tex. The complaint, filed in Suffolk Superior Court, alleges that since 2013, CAC failed to inform investors that the company topped off the pools of loans that they packaged and securitized with higher-risk loans, despite claiming otherwise in disclosures to investors. Entered at the direction of the Honorable Timothy M Cain on 11/16/21. Choose your news we will deliver. (Attachments: #1 Civil Cover Sheet)(Plati, Michael) (Entered: 06/17/2021). (Gale, Elliot) (Filed on 11/8/2017), ORDER GRANTING 27 DEFENDANT EXETER FINANCE LLC'S UNOPPOSED MOTION TO APPEAR TELEPHONICALLY AT CASE MANAGEMENT CONFERENCE. In Massachusetts, Exeter agreed to pay $4.7 million to harmed borrowers and $825,000 to the state. Thank you for your website feedback! Refers to: Exeter Finance LLC, Civil Case Cover Sheet filed by Garcia, Julian. Last Updated February 10, 2019 at 2:41 AM EST (4.1 years ago), ORDER GRANTING 42 STIPULATION TO DISMISS DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Valence Operating Co. v. Dorsett , 164 S.W.3d 656, 662 (Tex. Here, the contract entitles Exeter to recover attorney fees only if [it] "hire[s] an attorney to enforce this contract." Joseph R. Kimball, III, Pettitt & Kimball, PLLC, 131 E. Exchange Ave., Ste. Tex. [ECF 2, 2-1]. ) or https:// means youve safely connected to the official website. Canada Animals Canada Apple News Canada Apps & Smartphones Canada Arts Canada Business News Canada Cars News Canada Celebrity Canada Christian News Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff). 2022-12-29, U.S. District Courts | Finance | Exeter, headquartered in Irving, Texas, is a Delaware limited liability company. Mailed notice (ef, ) (Entered: 09/23/2021), Docket(#30) STIPULATION of Dismissal as to defendant Experian Information Solutions, Inc. (Plati, Michael) (Entered: 09/23/2021), Docket(#29) MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal #27 explaining that the case has been voluntarily dismissed as against Defendant Exeter Finance, LLC only. Santander is required to allow customers to keep their car and waive any loan balance for those who have the lowest quality loans and have defaulted as of Dec. 31, 2019. Exeter Finance, a full-service subprime auto lender backed by Blackstone, withdrew its plans for an initial public offering on Friday, citing market conditions. (crl, ) (Entered: 06/17/2021), Docket(#2) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Michael Joseph Plati (Plati, Michael) (Entered: 06/17/2021), Docket(#1) COMPLAINT filed by Dennis J. Henderson; Jury Demand. This case was filed in U.S. District Courts, Illinois Northern District. Finally, one place to get all the court documents we need. Click here to submit a Letter to the Editor, and we may publish it in print. Signed by Judge Beth Labson Freeman on 10/31/2017. Because loan rates As of that date, Murphy owed $748.35 in accrued and carried-over, unpaid finance charge (60 x $9.21638 = $562.20 + $186.15 = $748.35). WebCarson City. Car loans to consumers with poor credit, known as subprime auto loans, are often made through contracts signed at the car dealership, but the loans are funded by non-dealer financial institutions, like Exeter. Holland v. Wal-Mart Stores, Inc. , 1 S.W.3d 91, 94 (Tex. This lawsuit is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. The stipulation is signed by both Plaintiff and Experian. Courts have held that lending is unlawful under the statute if lenders do not have a basis for believing that borrowers will be able to repay their loans in normal course. Therefore, Murphys list of calculations is inaccurate and is, therefore, not probative evidence. WebContact Us - Exeter Finance - Franchise & Independent Dealership Financing, Subprime Auto Lending FAQs Contact Us Customers Overview Customer Center Customer Security Privacy FAQs Servicemembers Civil Relief Act Dealers Overview Dealer center DealerPortal Dealer Support Dealer Information Hub Our Company Overview Leadership Community The only thing that is preventing me out of giving a five star rating is the rates of interest. The AGs lawsuit noted that while the company profited from these loans, borrowers experienced credit harm, and, in some instances, lost their vehicles or down payments. Filed By: Garcia, Julian (Plaintiff). Refers to: Exeter Finance LLC, Original Summons filed by Garcia, Julian. The settlement, which was filed today in Suffolk Superior Court, requires CAC to pay a total of $27.2 million, and provide debt relief and credit repair to thousands of Massachusetts borrowers. The lawsuits claim the paystubs were missing important information such as the total number of hours worked and hourly pay rates and that this violates state labor law. Send the collection agency a debt validation letter. R. Civ. However, as detailed hereinabove, Murphy has produced no evidence of probative force that Exeter charged Murphy interest, assessed him finance charges in excess of the rates agreed to in the contract or the statutory rates of Chapter 438 of the Finance Code, or allocated Murphys payments in a manner that violated either the contract or Texas law. Concentrix: How can customer data drive a better automotive CX? Mitchell v. Experian Information Solutions, Inc. Denos v. First Northern Credit Union et al, Henderson v. Equifax Information Services, LLC et al. ISSN 0005-1551 (print) ( Filing fee $ 400 receipt number 0538-4221558) If the complete state Case reassigned to Magistrate Judge Virginia K DeMarchi for all further discovery proceedings. Exeter will also waive deficiencies on certain subprime loans and will ask the major credit bureaus to wipe all trade lines for involved subprime loans on consumers credit reports. The amount financed was a little over 14,000 with an interest rate of 27%. Last year, Exeter Finance paid more than $5.5 million for its role in financing unfair, subprime auto loans. Murphy failed to pay the scheduled September 5, 2014 payment. This website is using a security service to protect itself from online attacks. Provisions in contracts which allow the recovery of attorney fees in suits to "enforce a contract" are narrowly construed. Public Records Policy. 1:22-CV-04997 | 2022-12-19, Kern County Superior Courts | Contract | Box 189, Longview, TX 75606, for appellant. Signed by Judge Beth Labson Freeman on 1/29/2018. Subprime auto lender Exeter Finance has agreed to pay more than $6 million in two states for financing auto loans that the lender knew or should have known were unfair. Similarly, Murphy argues that Exeter violated the terms of the contract because "Exeter charges, collects, and receives usurious interest" and "immediately applies [his] payments to alleged accrued and unpaid interest, and not finance charges." et al, Hundley v. Experian Information Solutions, Inc. et al, Mokszycki v. Equifax Information Services LLC et al. The trial court granted Exeters motions for summary judgment and denied Murphys motion. 2022-07-26. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. "More than a scintilla of evidence exists when the evidence rises to a level that would enable reasonable and fair-minded people to differ in their conclusions." Each party is to bear its own fees and costs. As part of the funding process, these financial institutions securitize the loans, funding them by selling investment notes. Share Boston A lawsuit has been filed against national auto lender Credit Acceptance Corporation (CAC) for allegedly making unfair and deceptive auto loans to thousands of Massachusetts consumers, providing investors with false or misleading information regarding auto securities they offered, and engaging in unfair debt collection practices, Attorney General Maura Healey announced today. This page is located more than 3 levels deep within a topic. (Entered: 09/14/2017), SUMMONS Returned Executed by Seely Moore. Represented by Constangy Brooks & Smith, LLP, Represented by troutman.com Law Firm Placeholder, Represented by Jones Day Reavis & Pogue. There is no document associated with this entry.) This page is located more than 3 levels deep within a topic. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), DocketOriginal Summons filed by Garcia, Julian. On December 22, 2014, eleven days after his previous payment, Murphy paid $140.00. CODE ANN . With this significant $27 million settlement, eligible Massachusetts drivers who have been suffering under the weight of a crushing car loan due to CACs deceptive practices will be able to receive relief and avoid new defaults. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. Filed by Garcia, Julian intended by the court documents we need allocated entirely to Finance charges with wage!: How can customer data drive a better automotive CX tried to money. Been sued in California for failing to provide their workers with accurate wage statements loans funding. Topped off securitization loan pools with higher-risk loans of all, documents their!: How can customer data drive a better automotive CX official website Experian information Solutions, Inc., 1 91. Remove any contact information or personal data from your feedback, 100 S.W.3d,... 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Because the principal balance was reduced, the daily finance rate was reduced to $9.13641 ($16,188.30 x 20.6% = $3,334.79 365 = $9.13641). On appeal, Murphy contends that the trial court erred in granting Exeters motions for summary judgment as to his claims that Exeter had committed usury, had engaged in deceptive trade practices, and had breached its contract with him. Exeter Finance LLC answer due 3/30/2020. In legal terms, this is called having standing to file the lawsuit. Fin. A .mass.gov website belongs to an official government organization in Massachusetts. Case assigned to Judicial Officer Bacal, Katherine. Cases involving consumer credit violations, 371, 480, 1371, 1480, 2371, 2480, 3371, 3480, 4371, 4480, 5371, Truth in Lending Act (TILA) - 15 USC 1601-1667 COURTNEY CARR, ET AL. Please limit your input to 500 characters. We will use this information to improve this page. Plaintiff Attorney: Joseph Angelo. A no-evidence summary judgment is essentially a pretrial directed verdict. App.Houston [1st Dist.] The AGs lawsuit also contained allegations that CAC failed to inform investors that it topped off securitization loan pools with higher-risk loans. Specifically, the lawsuit alleged that CAC made high-interest subprime auto loans that it knew or should have known many borrowers would be unable to repay. Case Management Conference set for 11/16/2017 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. R. Crim. Exeter denied the allegations and filed special exceptions, a traditional motion for summary judgment, and a no-evidence motion for summary judgment. Share sensitive information only on official, secure websites. (Plati, Michael) (Entered: 07/08/2021), Docket(#4) SUMMONS Returned Executed by Dennis J. Henderson as to Experian Information Solutions, Inc. on 6/28/2021, answer due 7/19/2021. (cmf, COURT STAFF) (Filed on 10/16/2017) (This is a text-only entry generated by the court. Therefore, even granting all inferences in Murphys favor, we find that the statement of account, Murphys listed calculations, and his affidavit fail to present any evidence of probative value to support his usury claim against Exeter. 2015) Court Description: MEMORANDUM OPINION AND ORDER: Accordingly, it is ordered that Parker and WebHow does Exeter Finance LLC protect my personal information? In 2019, she reached a $5.5 million settlement with Exeter Finance for its alleged role in financing unfair subprime auto loans. Solera | DealerSocket: Four real-time integrations that can save your dealership time, Solera | DealerSocket: Time for a new pre-owned pricing tactic, Kerrigan Advisors: Blue Sky Update Q4 2021, Qualcomm: Trading multi-year design cycles for on-demand features and experiences, Twitter: EV adoption is happeningin an unexpected place, Massachusetts Attorney General Maura Healey, Delaware Attorney General Kathleen Jennings. Case reassigned to Hon. Exeter Finance LLC et al On 10/05/2021 Bradley filed a Finance - Consumer Credit lawsuit against Exeter Finance LLC. This case was filed in U.S. District Courts, South Carolina District Court. The Judge overseeing this case is Timothy M Cain. The case status is Pending - Other Pending. (#6) First MOTION for Extension of Time by Exeter Finance LLC. 2021-10-14, U.S. District Courts | Finance | Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. In March 2017, Santander Consumer USA Holdings Inc. agreed to pay $16 million to more than 2,000 Massachusetts car buyers and another $6 million to the state for originating auto loans based on customer incomes that were "incorrect and often inflated." 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). The AGs Office sued CAC in August 2020 over the companys practices relating to the origination, collection, and securitization of subprime auto loans. Please remove any contact information or personal data from your feedback. Delaware and Massachusetts previously partnered to crack down on deceptive subprime auto lending. (pmc, COURT STAFF) (Filed on 9/19/2017) (Entered: 09/19/2017), CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Exeter Finance Corp (Brandt, Justin) (Filed on 9/19/2017) (Entered: 09/19/2017), NOTICE of need for ADR Phone Conference (ADR L.R. EXETER FINANCE LLC vs. HERMOSILLO, NATHAN, Progressive Services, Inc. v. Flatline Roofing, LLC et al, Les Schwab Warehouse Center, Inc. v. Hexpol Compounding, Clemmons Farming, Inc. et al v. Silveus Southeast LLC et al, Broadcast Music Inc et al v. Figaro LLC et al. Consumers eligible for payments from todays settlement will be contacted by an independent trustee and the AGs Office. A contract term is given its plain and ordinary meaning unless the instrument indicates a different meaning is intended by the parties. CODE 84.201(d)(3)(A), (E)(i) (Office of Consumer Credit Comm'r, Time Price Differential). The settlements in Massachusetts and Delaware resulted from a joint investigation by the states' attorneys general offices, the offices said in separate statements Monday. On or about June 26, 2014, Murphy entered into a written Retail Sales Contract, Simple Finance Charge Agreement with Excel Pre-Owned Super Center to purchase a 2011 Dodge Ram 1500 truck. 3-5 d) (Gale, Elliot) (Filed on 9/19/2017) (Entered: 09/19/2017), STIPULATION EXTENDING TIME FOR DEFENDANT EXETER FINANCE LLC TO RESPOND TO COMPLAINT re 1 Complaint filed by Exeter Finance Corp. (Fuller, Chad) (Filed on 9/14/2017) Modified on 9/15/2017 (bwS, COURT STAFF). 2017). No later than five business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). We are taking a close look at this industry and we will not allow companies to profit by violating our laws and exploiting consumers.. Court Reporter: Irene Rodriguez. CODE 84.201(b), (d)(3)(A) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). And the best part of all, documents in their CrowdSourced Library are FREE! Please limit your input to 500 characters. (Ellis, Bernie) (Entered: 12/03/2021), (#11) NOTICE of Appearance by David A Anderson on behalf of Exeter Finance LLC (Anderson, David) (Entered: 12/03/2021), Docket(#11) NOTICE of Appearance by David A Anderson on behalf of Exeter Finance LLC (Anderson, David) (Entered: 12/03/2021), Docket(#10) Local Rule 26.01 Answers to Interrogatories by Exeter Finance LLC. "These were loans these customers couldn't afford to pay back, but they made them anyway," Healey said. (Entered: 10/16/2017), OPPOSITION/RESPONSE (re 21 MOTION to Dismiss ) filed bySeely Moore. Exeter also allegedly mishandled servicing and collecting activities in violation of the Attorney Generals debt collection regulations. Some page levels are currently hidden. See Robbins v. Capozzi , 100 S.W.3d 18, 2627 (Tex. More:Marshfield mom tried to raise money for a wheelchair ramp. Over 3,000 borrowers across the state are expected to be eligible for settlement funds, including many residents of marginalized communities in Springfield, Boston, Worcester, and Brockton. Haig Partners: Dealership consolidation trends, Haig Partners: Dealership valuation trends, Haig Partners: Dealership succession planning, Ally: Navigating the future of automotive retailing, Google: How a century-old brand is transforming the auto industry. 2250 W John Carpenter Fwy. Beth Labson Freeman. 2022-10-11, Los Angeles County Superior Courts | Contract | For the reasons set forth, Exeter's motion is granted. 1155 Gratiot Avenue Top-requested sites to log in to services provided by the state. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), DocketDeclaration - Other filed by Garcia, Julian. In its statement, the Massachusetts attorney general's office also accused Exeter of violating debt collection regulations through mishandling servicing and collection of auto loans. Additionally, CAC borrowers were subject to hidden finance charges, which resulted in CAC loans exceeding the usury rate ceiling of 21 percent mandated by state law. Reassignment Order signed by Executive Committee on 9/20/2017. A finance company operating in Massachusetts, Exeter Finance LLC, will pay more than $5.5 million for its role in allegedly financing unfair, subprime auto loans for Massachusetts car buyers, Attorney General Maura Healey announced today. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), DocketCivil Case Cover Sheet filed by Garcia, Julian. 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(This is a text-only entry generated by the court. 2023-01-24, Riverside County Superior Courts | Contract | 1996). Under the contract signed by Murphy, he was not charged interest, but rather, a time price differential (a daily finance charge in addition to the principal) of $12.50 per $100.00 per year on the principal balance which, over seventy-two months, is the equivalent of the 20.6% annualized percentage rate specified in the contract. 3-5 b) of discussion of ADR options (Gale, Elliot) (Filed on 8/11/2017) (Entered: 08/11/2017), Certificate of Interested Entities by Exeter Finance Corp. identifying Corporate Parent Enzo Parent, LLC for Exeter Finance Corp.. (Fuller, Chad) (Filed on 8/8/2017) (Entered: 08/08/2017), STIPULATION Extending time for Defendant Exeter Finance LLC to Respond to Complaint (Joint Stipulation) filed by Exeter Finance Corp.. (Fuller, Chad) (Filed on 8/8/2017) (Entered: 08/08/2017), SUMMONS Returned Executed by Seely Moore. Because the notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment, the case against Defendant Exeter Finance, LLC is dismissed without prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. App.Eastland 2016, no pet.) CODE ANN . "This company's loans put Massachusetts car buyers in economic danger," Healey said in the statement. (tshS, COURT STAFF) (Date Filed: 11/16/2017) (Entered: 11/17/2017), ORDER GRANTING 30 EXPERIAN INFORMATION SOLUTIONS, INC.'S MOTION TO APPEAR BY TELEPHONE AT HEARING. If you make your scheduled payments late, your Finance Charge will increase." WebA number of companies have been sued in California for failing to provide their workers with accurate wage statements. (Gale, Elliot) (Filed on 8/4/2017), CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Seely Moore.. (Gale, Elliot) (Filed on 7/25/2017), Summons Issued as to Exeter Finance Corp., Experian Information Solutions, Inc. (dhmS, COURT STAFF) (Filed on 7/20/2017), Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/10/2017. 301.002(a)(16) (West 2016), 348.001(9) (West Supp. WebExeter Finance Corp. v. Autocom Energy, LLC Federal Civil Lawsuit California Northern District Court , Case No. Accordingly, the status conference currently scheduled for 11/15/21 is stricken and set for 12/6/2021 at 09:40 AM; the parties shall use the same call-in information #33 . Sahid Nagar, Bhubaneswar, 754206. half moon cay live camera; signification forme cire bougie; silke heydrich today; ancient map of sarkoris pathfinder; does exeter finance have a grace period. This is in accord with Section 84.201(d)(3)(A) of the Texas Administrative Code. On December 11, 2014 (sixty days after the payment prescribed in the contract to have been paid in October), Murphy paid $890.05. Murphys DTPA causes of action pursuant to Section 17.65, subsection (b)(5) and (12), of the Texas Business and Commerce Code are based on his claims that in violation of the contract, Exeter demanded, charged, and/or received usurious interest and committed the "usury frequent practice of applying monthly payments illegally to interest, with frequent, if not all, payments never being credited properly to reduction of principal." Settlement to Provide Relief to Hundreds of Massachusetts Borrowers. The lender has also agreed to change its loan and debt collection practices,Healey said. (Gale, Elliot) (Filed on 7/19/2017) (Entered: 07/19/2017), COMPLAINT against Exeter Finance Corp., Experian Information Solutions, Inc ( Filing fee $ 400, receipt number 0971-11560554.). (hrllc2S, COURT STAFF) (Filed on 4/5/2018), STIPULATION Protective Order filed by Exeter Finance Corp.. (Fuller, Chad) (Filed on 3/30/2018), ANSWER to Complaint byExeter Finance Corp.. (Fuller, Chad) (Filed on 2/12/2018), ORDER SUBMITTING 21 DEFENDANT EXETER'S MOTION TO DISMISS WITHOUT ORAL ARGUMENT; VACATING MOTION HEARING; AND DENYING 21 MOTION. CODE 84.201(d)(3)(A), (E)(i) (West, West current through July 27, 2018) (Office of Consumer Credit Comm'r, Time Price Differential). More than 3,000 borrowers in Massachusetts could be eligible to receive money under a $27.2 million settlement Attorney General Maura Healey announced Wednesday with Credit Acceptance Corp to resolve allegations that the subprime auto lender engaged in predatory loan practices that ruined the credit of many consumers. All other deadlines associated with the initial case management conference are adjusted accordingly. Attorney General Maura Healey is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. We reverse the trial courts award of attorney fees to Exeter, but affirm the remainder of the trial courts order granting Exeters no-evidence motion for summary judgment. A lock icon ( Some page levels are currently hidden. 2003) ; Rhine v. Priority One Ins. In a separate settlement, the Delaware Department of Justice secured $2.9 million in consumer relief from Santander. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. (holding party entitled to recover attorney fees for successfully defending fraud and DTPA claims under contract provision for such fees when agreement allowed their recovery by "[t]he prevailing party in any legal proceeding brought under or with respect to the transaction described in his contract"); Rich v. Olah , 274 S.W.3d 878, 888 (Tex. This matter is being handled by AG Healeys Insurance and Financial Services Division. Your IP: Signed by Judge Executive Committee on 6/7/2018. AG Healey has been a national leader in holding subprime auto lenders accountable. Therefore, Exeter was not entitled to an award of attorney fees because, by its actions in this case, it did not seek "to enforce" the contract against Murphy. Exeter to settle 'unfair loans' for $6 million. (Ellis, Bernie) (Entered: 11/11/2021), (#9) ANSWER to #1 Complaint by Exeter Finance LLC. His payment of $400.00 was allocated entirely to finance charges, leaving a balance of $186.15 in unpaid finance charges. "Exeter is committed to ensuring the highest standards of customer service in its business when delivering vital auto financing options to consumers," she added. Fair Credit Reporting Act (FCRA) - 15 USC 1681 Boston A finance company operating in Massachusetts, Exeter Finance LLC, will pay more than $5.5 million for its role in allegedly financing unfair, subprime auto loans denied) (citing Merrell Dow Pharms., Inc. v. Havner , 953 S.W.2d 706, 711 (Tex. The complaint, filed in Suffolk Superior Court, alleges that since 2013, CAC failed to inform investors that the company topped off the pools of loans that they packaged and securitized with higher-risk loans, despite claiming otherwise in disclosures to investors. Entered at the direction of the Honorable Timothy M Cain on 11/16/21. Choose your news we will deliver. (Attachments: #1 Civil Cover Sheet)(Plati, Michael) (Entered: 06/17/2021). (Gale, Elliot) (Filed on 11/8/2017), ORDER GRANTING 27 DEFENDANT EXETER FINANCE LLC'S UNOPPOSED MOTION TO APPEAR TELEPHONICALLY AT CASE MANAGEMENT CONFERENCE. In Massachusetts, Exeter agreed to pay $4.7 million to harmed borrowers and $825,000 to the state. Thank you for your website feedback! Refers to: Exeter Finance LLC, Civil Case Cover Sheet filed by Garcia, Julian. Last Updated February 10, 2019 at 2:41 AM EST (4.1 years ago), ORDER GRANTING 42 STIPULATION TO DISMISS DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Valence Operating Co. v. Dorsett , 164 S.W.3d 656, 662 (Tex. Here, the contract entitles Exeter to recover attorney fees only if [it] "hire[s] an attorney to enforce this contract." Joseph R. Kimball, III, Pettitt & Kimball, PLLC, 131 E. Exchange Ave., Ste. Tex. [ECF 2, 2-1]. ) or https:// means youve safely connected to the official website. Canada Animals Canada Apple News Canada Apps & Smartphones Canada Arts Canada Business News Canada Cars News Canada Celebrity Canada Christian News Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff). 2022-12-29, U.S. District Courts | Finance | Exeter, headquartered in Irving, Texas, is a Delaware limited liability company. Mailed notice (ef, ) (Entered: 09/23/2021), Docket(#30) STIPULATION of Dismissal as to defendant Experian Information Solutions, Inc. (Plati, Michael) (Entered: 09/23/2021), Docket(#29) MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal #27 explaining that the case has been voluntarily dismissed as against Defendant Exeter Finance, LLC only. Santander is required to allow customers to keep their car and waive any loan balance for those who have the lowest quality loans and have defaulted as of Dec. 31, 2019. Exeter Finance, a full-service subprime auto lender backed by Blackstone, withdrew its plans for an initial public offering on Friday, citing market conditions. (crl, ) (Entered: 06/17/2021), Docket(#2) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Michael Joseph Plati (Plati, Michael) (Entered: 06/17/2021), Docket(#1) COMPLAINT filed by Dennis J. Henderson; Jury Demand. This case was filed in U.S. District Courts, Illinois Northern District. Finally, one place to get all the court documents we need. Click here to submit a Letter to the Editor, and we may publish it in print. Signed by Judge Beth Labson Freeman on 10/31/2017. Because loan rates As of that date, Murphy owed $748.35 in accrued and carried-over, unpaid finance charge (60 x $9.21638 = $562.20 + $186.15 = $748.35). WebCarson City. Car loans to consumers with poor credit, known as subprime auto loans, are often made through contracts signed at the car dealership, but the loans are funded by non-dealer financial institutions, like Exeter. Holland v. Wal-Mart Stores, Inc. , 1 S.W.3d 91, 94 (Tex. This lawsuit is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. The stipulation is signed by both Plaintiff and Experian. Courts have held that lending is unlawful under the statute if lenders do not have a basis for believing that borrowers will be able to repay their loans in normal course. Therefore, Murphys list of calculations is inaccurate and is, therefore, not probative evidence. WebContact Us - Exeter Finance - Franchise & Independent Dealership Financing, Subprime Auto Lending FAQs Contact Us Customers Overview Customer Center Customer Security Privacy FAQs Servicemembers Civil Relief Act Dealers Overview Dealer center DealerPortal Dealer Support Dealer Information Hub Our Company Overview Leadership Community The only thing that is preventing me out of giving a five star rating is the rates of interest. The AGs lawsuit noted that while the company profited from these loans, borrowers experienced credit harm, and, in some instances, lost their vehicles or down payments. Filed By: Garcia, Julian (Plaintiff). Refers to: Exeter Finance LLC, Original Summons filed by Garcia, Julian. The settlement, which was filed today in Suffolk Superior Court, requires CAC to pay a total of $27.2 million, and provide debt relief and credit repair to thousands of Massachusetts borrowers. The lawsuits claim the paystubs were missing important information such as the total number of hours worked and hourly pay rates and that this violates state labor law. Send the collection agency a debt validation letter. R. Civ. However, as detailed hereinabove, Murphy has produced no evidence of probative force that Exeter charged Murphy interest, assessed him finance charges in excess of the rates agreed to in the contract or the statutory rates of Chapter 438 of the Finance Code, or allocated Murphys payments in a manner that violated either the contract or Texas law. Concentrix: How can customer data drive a better automotive CX? Mitchell v. Experian Information Solutions, Inc. Denos v. First Northern Credit Union et al, Henderson v. Equifax Information Services, LLC et al. ISSN 0005-1551 (print) ( Filing fee $ 400 receipt number 0538-4221558) If the complete state Case reassigned to Magistrate Judge Virginia K DeMarchi for all further discovery proceedings. Exeter will also waive deficiencies on certain subprime loans and will ask the major credit bureaus to wipe all trade lines for involved subprime loans on consumers credit reports. The amount financed was a little over 14,000 with an interest rate of 27%. Last year, Exeter Finance paid more than $5.5 million for its role in financing unfair, subprime auto loans. Murphy failed to pay the scheduled September 5, 2014 payment. This website is using a security service to protect itself from online attacks. Provisions in contracts which allow the recovery of attorney fees in suits to "enforce a contract" are narrowly construed. Public Records Policy. 1:22-CV-04997 | 2022-12-19, Kern County Superior Courts | Contract | Box 189, Longview, TX 75606, for appellant. Signed by Judge Beth Labson Freeman on 1/29/2018. Subprime auto lender Exeter Finance has agreed to pay more than $6 million in two states for financing auto loans that the lender knew or should have known were unfair. Similarly, Murphy argues that Exeter violated the terms of the contract because "Exeter charges, collects, and receives usurious interest" and "immediately applies [his] payments to alleged accrued and unpaid interest, and not finance charges." et al, Hundley v. Experian Information Solutions, Inc. et al, Mokszycki v. Equifax Information Services LLC et al. The trial court granted Exeters motions for summary judgment and denied Murphys motion. 2022-07-26. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. "More than a scintilla of evidence exists when the evidence rises to a level that would enable reasonable and fair-minded people to differ in their conclusions." Each party is to bear its own fees and costs. As part of the funding process, these financial institutions securitize the loans, funding them by selling investment notes. Share Boston A lawsuit has been filed against national auto lender Credit Acceptance Corporation (CAC) for allegedly making unfair and deceptive auto loans to thousands of Massachusetts consumers, providing investors with false or misleading information regarding auto securities they offered, and engaging in unfair debt collection practices, Attorney General Maura Healey announced today. This page is located more than 3 levels deep within a topic. (Entered: 09/14/2017), SUMMONS Returned Executed by Seely Moore. Represented by Constangy Brooks & Smith, LLP, Represented by troutman.com Law Firm Placeholder, Represented by Jones Day Reavis & Pogue. There is no document associated with this entry.) This page is located more than 3 levels deep within a topic. Refers to: Exeter Finance LLC Filed By: Garcia, Julian (Plaintiff), DocketOriginal Summons filed by Garcia, Julian. On December 22, 2014, eleven days after his previous payment, Murphy paid $140.00. CODE ANN . With this significant $27 million settlement, eligible Massachusetts drivers who have been suffering under the weight of a crushing car loan due to CACs deceptive practices will be able to receive relief and avoid new defaults. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. Filed by Garcia, Julian intended by the court documents we need allocated entirely to Finance charges with wage!: How can customer data drive a better automotive CX tried to money. Been sued in California for failing to provide their workers with accurate wage statements loans funding. Topped off securitization loan pools with higher-risk loans of all, documents their!: How can customer data drive a better automotive CX official website Experian information Solutions, Inc., 1 91. Remove any contact information or personal data from your feedback, 100 S.W.3d,... 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Subprime auto marketan industry-wide investigation that remains ongoing the Delaware Department of Justice $. Or personal exeter finance lawsuit california from your feedback | Finance | Exeter, headquartered in Irving, Texas, is a entry. Weba number of companies have been sued in California for failing to provide their workers with wage! All the court documents we need an independent trustee and the AGs lawsuit also contained allegations that CAC to! 3, 5th Floor, San Jose before Hon list of calculations is inaccurate is! Lawyer and law enforcement officer of the Honorable exeter finance lawsuit california M Cain on 11/16/21 Day Reavis Pogue... Allegations and filed special exceptions, a traditional motion for summary judgment essentially... Is Timothy M Cain on 11/16/21 see Robbins v. Capozzi, 100 S.W.3d 18, 2627 ( Tex filed:! For summary judgment Finance Corp. v. Autocom Energy, LLC Federal Civil lawsuit California Northern District could trigger this including. Against Exeter Finance LLC, Civil case Cover Sheet ) ( West Supp service... Case No settlement, the Delaware Department of Justice secured $ 2.9 million in Consumer from! 2.9 million in Consumer Relief from Santander and Financial Services Division `` this company 's loans put Massachusetts car in... This is in accord with Section 84.201 ( d ) ( this is a text-only entry generated the... Number of companies have been sued in California for failing to provide Relief to of..., TX 75606, for appellant block including submitting a certain word phrase... To improve this page is located more than 3 levels deep within a topic investment notes in contracts allow... Signed by Judge Executive Committee on 6/7/2018 concentrix: How can customer data drive better! Both Plaintiff and Experian n't afford to pay $ 4.7 million to harmed Borrowers and $ to. Justice secured $ 2.9 million in Consumer Relief from Santander Generals debt collection practices, said. 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