The repossession notice Fulton sent to plaintiff Jessica Rodriguez did not tell her she would be liable if Fulton’s sale of her car failed to bring in less money than she owed, according to the lawsuit, which was filed in the Philadelphia County Court of Common Pleas.
“Fulton sent the same form of repossession notice to many consumers across Pennsylvania,” it states.
Rodriguez is seeking statutory damages “of not less than the credit service charge plus 10 percent of the principal amount,” the lawsuit said.
Lancaster-based Fulton did not immediately respond to calls this morning seeking comment.
According to the suit, Rodriguez bought a sport-utility vehicle in summer 2008, financing it through Fulton. In fall 2009, Fulton declared her in default and initiated repossession.
That November, the bank sent her a notice saying it would resell the vehicle if she did not pay her outstanding loan balance and fees by Dec. 9.
“The notice does not advise that the borrower would be liable for a deficiency if the car brought less at sale than owed,” nor “that she is entitled to an accounting of any unpaid indebtedness, nor the charge (if any) for such an accounting,” the suit said.
Nor did the notice provide her a phone number she could call to verify the amount she owed, it said.
The omissions violate Article 9, Chapter 6 of Pennsylvania’s Uniform Commercial Code, the lawsuit alleges.
In March 2010, Fulton sent Rodriguez a letter saying the car was sold, but that she still owed the bank $2,344.95, the suit said.
The suit lists as Fulton’s address its Abington/Jenkintown branch at 801 Old York Road in Montgomery County.
Narberth-based consumer law firm Flitter Lorenz is representing Rodriguez in the case.