Perales, et al. v. Ally Bank – Solano County
Case settled. Our clients purchased a 2016 Dodge Grand Caravan from Momentum Chrysler on October 1, 2018—shortly before the Momentum dealership imploded. As happened to many other consumers, Momentum failed to register and transfer title to the Vehicle. Some finance companies worked with their customers to fix the registration and title issues. Our clients alleged Ally Bank was not one of those companies. Our clients also alleged Ally Bank, as a Holder of the purchase contract, was legally responsible for Momentum’s failure to register and title the Vehicle but did nothing to help our clients. Because the vehicle was unregistered and illegal to drive in California, our clients were unable to afford the monthly payments. Still unwilling to help the poor consumers, Ally Bank reported negative information on our clients’ credit reports.
Ally Bank changed its tune when the consumers retained Rosner, Barry & Babbitt and associate attorney Michael A. Klitzke. A lawsuit was filed against Ally Bank on April 23, 2020, during the COVID-19 lockdown. It took 607 days for Ally Bank to regret “any frustration” the consumers experienced and agreed to refund their money, cancel the loan balance, remove the negative Ally Bank tradeline from their credit report and take back the vehicle. Of course, Ally Bank offered nothing for the attorney fees and costs incurred by the consumers. That’s not right. Shouldn’t Ally Bank, with reportedly $180,844,000,000 in assets, be required to pay for the consumers’ attorney in a situation like this?
Ally Bank eventually backed down and agreed to pay all of our clients’ attorney fees and costs in addition to refunding all of our clients’ money, canceling the debt, deleting the negative tradelines from our clients’ credit reports, and Ally Bank towed the Vehicle away from our clients’ home.
If a dealership fails to register and title a vehicle you purchased and the finance company refuses to help, give us a call.