Hopkins v. Kansas Teachers Community Credit Union

265 F.R.D. 483, 2010 U.S. Dist. LEXIS 14376, 2010 WL 597360
CourtDistrict Court, W.D. Missouri
DecidedFebruary 18, 2010
DocketNo. 08-05052-CV-SW-GAF
StatusPublished
Cited by1 cases

This text of 265 F.R.D. 483 (Hopkins v. Kansas Teachers Community Credit Union) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hopkins v. Kansas Teachers Community Credit Union, 265 F.R.D. 483, 2010 U.S. Dist. LEXIS 14376, 2010 WL 597360 (W.D. Mo. 2010).

Opinion

ORDER

GARY A. FENNER, District Judge.

Presently before the Court is Plaintiff Cecil E. Hopkins’s (individually “Hopkins”), individually and on behalf of a class of all others similarly situated (collectively “Plaintiffs” or “class members”), Motion for Class Certification, filed pursuant to Fed.R.Civ.P. 23(b)(3). (Doc. # 57). Defendant Kansas Teachers Community Credit Union (“Defendant”) opposes the Motion. (Doc. # 93). For the reasons set forth below, Hopkins’s Motion for Certification is GRANTED in part and DENIED in part.

DISCUSSION

I. FACTS

This proposed class action lawsuit is brought by persons who obtained motor vehicle loans from motor vehicle dealers, which were subsequently sold or assigned to Defendant as the secured party or lienholder pursuant to a “Portfolio Management Program” (“PMP”) administered by Centrix Financial, LLC (“Centrix”).1 Hopkins, a Missouri resident, is the proposed class representative. Hopkins asserts all claims arise under Missouri law and stem from Defendant’s alleged failure to comply with Missouri consumer protection laws when repossessing Plaintiffs’ motor vehicles.

Hopkins financed the purchase of a motor vehicle. The financing was obtained through the use of a retail installment contract and security agreement originated by Centrix. Centrix then sold or assigned its rights under the installment contract and security agreement to Defendant pursuant to the [485]*485PMP. Pursuant to the PMP and a standard loan placement agreement, Centrix acted as Defendant’s exclusive agent for originating such consumer loans from dealers, which, in turn, would then be sold or assigned to Defendant upon consummation of the underlying sale of the motor vehicles. Centrix, however, continued to act as the servicer of the loans. Hopkins asserts Defendant retained a security interest and lien on all motor vehicles purchased by Plaintiffs, which represented a security interest in consumer goods. Hopkins alleges Centrix acted very aggressively when servicing loans for its credit union principals, such as Defendant, because of the high-risk, subprime nature of the motor vehicle loans.

On or about July 30, 2004, Defendant, through its alleged agent, Centrix, caused Hopkins’s motor vehicle to be repossessed. Defendant later obtained a repossession title from the Missouri Department of Revenue transferring ownership of Hopkins’s motor vehicle to it. Around the same time, Centrix sent Hopkins a computer generated pre-sale notice governed by the provisions of Missouri’s Commercial Code, Mo.Rev.Stat. § 400.1-101, et seq. (the “MoUCC”), and consumer protection laws. Hopkins alleges this notice was defective under the MoUCC because:

A) the notice did not identify or describe the secured party, as required by Mo. Rev.Stat. §§ 400.9-613(l)(A) and 400.9-614(1)(A);
B) the notice misrepresented the secured party as Centrix, rather than Defendant, contrary to the requirements of Mo.Rev.Stat. §§ 40.9-619(l)(A) and 400.9- 614(l)(A);
C) the notice did not state the intended method of disposition of the collateral, as required by Mo.Rev.Stat. §§ 400.9-613(1)(C) and 400.9-614(l)(A);
D) the notice failed to inform Hopkins that he was entitled to an accounting of the unpaid indebtedness, as required by Mo.Rev.Stat. §§ 400.9-613(l)(D) and 400.9- 614(l)(A);
E) the notice did not state the intended time and place of a public disposition of the collateral or the intended time after which any other disposition was to be made, as required by Mo.Rev.Stat. §§ 400.9-613(l)(E) and 400.9-614(1)(A);
F) the notice did not provide a phone number where Hopkins could inquire to determine the redemption amount, as required by Mo.Rev.Stat. § 400.9-614(1)(C);
G) the notice contained content not allowed or authorized by Missouri law, which rendered the notices misleading and/or unreasonable; and
H) the notices did not advise Hopkins of a telephone number or mailing address that he could use to receive additional information concerning the disposition and the obligation secured, as required by Mo.Rev.Stat. § 400.9-614(l)(D).

Hopkins further alleges Defendant failed to disclose to Plaintiffs certain fees included in their loan agreements for premiums for default protection and other insurance policies on the loans.

In addition to Hopkins’s claims under the MoUCC, Hopkins has asserted claims arising under the Missouri Merchandising Practices Act (“MMPA”), Mo.Rev.Stat. § 407.010, et seq., alleging Defendant and Centrix engaged in unfair practices relating to Plaintiffs’ loans, and common law tort claims for conversion of Plaintiffs’ motor vehicles. Hopkins claims damages in excess of ten-thousand-dollars ($10,000).

Hopkins now seeks to certify the following defined class of Plaintiffs: All persons who

I) obtained a motor vehicle loan or financing from Defendant in conjunction with the PMP administered by Centrix;
2) obtained a Missouri Certificate of Title for that motor vehicle identifying Defendant as the lienholder; and
3) had said motor vehicle repossessed.2

[486]*486(Doc. # 57). Hopkins suggests that one-hundred-forty (140) individuals fall within the aforementioned class definition under ninety-eight (98) loans sold or assigned to Defendants. (Doc. # 130, p. 3). Defendant has lodged numerous objections to Hopkins’s proposed certification. (Doc. # 93).

II. LEGAL STANDARD

A claimant may sue on behalf of a class only if he meets the four threshold requirements of Fed.R.Civ.P. 23(a) and at least one of the requirements of Rule 23(b). Fed. R.Civ.P. 23; In re Aquila ERISA Litig., 237 F.R.D. 202, 207 (W.D.Mo.2006). The claimant has the burden of proving that his case is appropriate for class certification under Rule 23. See Blades v. Monsanto, 400 F.3d 562, 569 (8th Cir.2005).

The requirements of Rule 23(a) are as follows:

1. the class is so numerous that joinder of all members is impracticable;
2. there are questions of law or fact common to the class;
3. the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
4. the representative parties will fairly and adequately protect the interest of the class.

Hopkins seeks certification under Rule 23(b)(3). As such, Hopkins must demonstrate that: (1) questions of law or fact common to class members predominate over any questions affecting only individual members, and (2) a class action is superior to other available methods of adjudication.

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Cite This Page — Counsel Stack

Bluebook (online)
265 F.R.D. 483, 2010 U.S. Dist. LEXIS 14376, 2010 WL 597360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopkins-v-kansas-teachers-community-credit-union-mowd-2010.