AUTOMOBILE ACCEPTANCE CORPORATION
EUGENE J. NICHOLS
Case No. 15CY-CV07631-01
This Notice may affect your rights whether you act or do nothing.
Please read carefully.
To: All persons to which all three of the following criteria apply:
1. Automobile Acceptance Corporation (“AAC”) mailed you a pre-sale notice or post-sale notice related to the repossession of your property on or after August 8, 2010;
2. AAC has not obtained a final deficiency judgment against you relating to debts you owed to AAC for the purchase of property; and
3. You have not filed for bankruptcy after the date on the pre-sale notice mailed to you that resulted in discharge rather than dismissal.
The Notice advises you: If you are a person to which the three criteria above apply, your rights may be affected by the above-captioned lawsuit (the “Lawsuit”), which is pending in Division 2 of the Clay County, Missouri Circuit Court with the Honorable Timothy Flook presiding (the “Court”).
- What is a Class action?
In a class action, one or more people, called Class Representative(s) sue for all people with legal claims that are similar enough to be grouped together, in what is called a Class. The people in the Class are called Class Members. The Court decided this Lawsuit can be a class action because it meets the requirements of Missouri Rule of Civil Procedure 52.08, which governs class actions in Missouri courts. Under the Court’s certification, Eugene Jerome Nichols (“Nichols”) will act as the Class Representative, and the attorneys representing the Class as Class Counsel are Jesse B. Rochman, Martin L. Daesch, and Craig Richards of OnderLaw, LLC. Their address and phone number are 110 E. Lockwood Ave., St. Louis, Missouri 63119; (314) 963-9000.
- Who is part of the Class?
Class Definition: The “Class” in this case, subject to the exclusions below, is defined as: “All persons to whom AAC mailed a pre-sale notice or post-sale notice.”
Class Exclusions: Excluded from the Class are persons (1) against whom AAC has obtained a final deficiency judgment; or (2) who filed for bankruptcy after the date on their pre-sale notice and whose bankruptcy ended in discharge rather than dismissal; or (3) all persons to whom AAC issued its form pre-sale, or post-sale, of collateral notices prior to the date of August 8, 2010.
If AAC mailed you a pre-sale or post-sale notice and you are not subject to any of the three class exclusions above, you are part of the “Class” (i.e., a “Class Member”). All Class Members’ claims will be resolved, by motion or trial, in this one Lawsuit, except that any person who does to wish to be part of this Lawsuit may elect to exclude themselves by “OPTING OUT.” How to opt out and the deadline is explained below, at Section 7.
- What is this Lawsuit about?
This is a Lawsuit against AAC alleging unlawful activity regarding collection, enforcement, repossession and disposition of collateral, and collection of alleged deficiency balances. Nichols claims consumers were mailed form pre-sale and post-sale notices that violate the Uniform Commercial Code (“UCC”).
Nichols claims because of AAC’s deficient notices, he and all Class Members suffered harm to their credit worthiness, credit standing, credit capacity, character, and general reputation. Nichols seeks, for himself and all other similarly situated consumers, actual damages not less than the minimum damages provided by the UCC due to the defective notices. Nichols also seeks injunctive relief and a declaration that the form pre-sale and post-sale notices used violate the UCC.
- What Are My Options?
You can remain in this Lawsuit by doing nothing, or you can exclude yourself from the Lawsuit by opting out.
- How do I remain in the Lawsuit?
If you wish to be a class member and remain in this Lawsuit, you need not do anything. If you fall within the “Class” definition in Section 3, you will automatically be a class member unless you expressly request to be excluded from the Lawsuit. As a class member, you will be bound by the outcome, whether the issues are decided by trial or otherwise, and whether the outcome is favorable or unfavorable.
- What will I give up if I remain a class member?
As a class member, regardless of whether Nichols and the Class win or lose, any claims you might have relating to facts arising from your contract with AAC likely cannot be pursued in any other case.
You must opt out of the Class if you wish to preserve your right to bring claims against AAC that involve AAC’s alleged pre-sale and post-sale notice violations. If you believe you may have claims that you would prefer to pursue on an individual basis, you must opt-out of this Lawsuit.
If you start your own lawsuit against AAC after you exclude yourself, you’ll have to seek damages in court, and you may hire and pay for your own lawyer for that lawsuit.
If you wish to remain a member of the Class, do nothing and your interests and rights in the Lawsuit will be represented by Nichols, acting as Class Representative, and Class Counsel.
Or you may remain in the Lawsuit and be represented by additional counsel of your own choosing at your own expense, but don’t have to do so.
If you remain in the Lawsuit, the result will legally bind you, win or lose.
- How Can I Opt Out?
To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from Automobile Acceptance Corp. v. Eugene Jerome Nichols, Case No. 15CY-CV07631-01 to the Class Administrator. Be sure to include your name and address, and sign and date the letter. You must mail your Exclusion Request by March 27, 2023 to AAC v Nichols c/o Class Administrator, P.O. Box 23678, Jacksonville, FL 32241-3678. Words like the following are sufficient: “I [or We] hereby request to be excluded from the Class in Automobile Acceptance Corp. v. Eugene Jerome Nichols, Case No. 15CY-CV07631-01,” or “I would like to opt out of Automobile Acceptance Corp. v. Eugene Jerome Nichols, Case No. 15CY-CV07631-01.” You have 60 days from the date of this Notice to opt out. After the 60 days expires you will be in the class action. A mailed Exclusion Request is considered to have been mailed on the day it is postmarked. Persons who request exclusion from the Class by opting out won’t be entitled to share in the benefits of any settlement reached or judgment entered. They will not be bound by any settlement or judgment, win or lose. If you elect to be excluded from the Class, you may pursue your claims at your own expense.
- How can I get more information on this Lawsuit?
You can write to AAC v Nichols c/o Class Administrator, P.O. Box 23678, Jacksonville, FL 32241-3678; to obtain more information about this Lawsuit. Questions about the notice should be directed to the Class Administrator.
Please Don’t Contact the Court with Questions.