Salvagne v. Fairfield Ford, Inc.

264 F.R.D. 321, 2009 U.S. Dist. LEXIS 122674, 2009 WL 5062091
CourtDistrict Court, S.D. Ohio
DecidedDecember 15, 2009
DocketNo. 1:09-CV-00324
StatusPublished
Cited by11 cases

This text of 264 F.R.D. 321 (Salvagne v. Fairfield Ford, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salvagne v. Fairfield Ford, Inc., 264 F.R.D. 321, 2009 U.S. Dist. LEXIS 122674, 2009 WL 5062091 (S.D. Ohio 2009).

Opinion

[324]*324OPINION AND ORDER

S. ARTHUR SPIEGEL, Senior District Judge.

This matter is before the Court on Plaintiffs’ Motion for Class Certification (doc. 21), Defendant’s Response in Opposition (doc. 21), and Plaintiffs’ Reply (doc. 35). The Court held a hearing on Plaintiffs’ Motion on December 9, 2009. For the reasons indicated herein, the Court GRANTS Plaintiffs’ motion and conditionally certifies the proposed classes.

I. Background

Plaintiffs seek to bring this suit on behalf of themselves and three classes, with one sub-class. The class definitions they propose are:

1. All persons who have signed a retail installment sale contract (“RISC”) prepared by Defendant and whose signatures were also obtained by Defendant on a form entitled “Limited Right to Cancel/Purchase” (the “Spot Delivery Agreement”) or similar document purporting to give Defendant the ability to revoke the RISC under certain circumstances since May 9, 2008 (the “TILA Class”);
Subclass 1. Persons who belong to the TILA Class who were subsequently contacted by the Defendant and required to sign a new RISC with different terms and conditions since May 9, 2008.
2. All persons who have signed a RISC prepared by Defendant and whose signatures were also obtained by Defendant on a Spot Delivery Agreement or similar document purporting to give Defendant the ability to revoke the RISC under certain circumstances who were not provided a written adverse action notice by Defendant pursuant to 15 U.S.C. § 1691, et seq., and/or Regulation B since May 9, 2007 (the “ECOA Class”); and
3. All persons who have signed a RISC prepared by Defendant and whose signatures were also obtained by Defendant on a Spot Delivery Agreement or similar document purporting to give Defendant the ability to revoke the RISC under certain circumstances since May 9, 2007 (the “Ohio Class”) (doc. 21).

To briefly summarize the facts of this case, Plaintiffs signed a RISC when they purchased their car from Ford, which document contained the terms and conditions of the sale and the disclosures required by the Truth in Lending Act (“TILA”) (doc. 1). They also signed a separate document at that time entitled “Limited Right to Cancel-Purchase,” (the “Spot Delivery Agreement”) which, among other things, gave Ford ten days to assign the RISC and, in the event Ford was unable to assign the RISC in those ten days, allowed either party to cancel the sale of the car (Id.). Such cancellation was expressly only permitted if Ford was unable to assign the RISC and for no other reason (Id.).

The Ford detail shop was closed the day Plaintiffs purchased the car, so they returned two days later to have it cleaned and filled with gas, as instructed by Ford (Id.). When Plaintiffs returned, however, they were told that Ford had made some errors when Plaintiffs purchased the car and Plaintiffs, in order to keep the car, would need to sign new financing paperwork, including a new RISC (Id.). This new RISC contained terms that were more adverse to Plaintiffs and made the sale more expensive (Id.).

Plaintiffs allege that the TILA disclosures contained in the first RISC were not meaningful because they were replaced by those contained in the second RISC, and Ford’s procedures attempt to relieve Ford of its legal status of creditor in violation of TILA; that if Ford was actually unable to assign the first RISC, and it could only assign the paper under terms more harsh to Plaintiffs, then Ford was required by the Equal Opportunity Credit Act (“EOCA”) to give Plaintiffs notice of an adverse credit action, which Ford did not do; and that Ford’s procedures are deceptive, unfair and/or unconscionable in violation of Ohio’s Consumer Sales Practices Act (“OCSPA”) (Id.). Pursuant to Federal Rule of Civil Procedure 23, Plaintiffs move the [325]*325Court to certify the three classes and one subclass as above.

II. Discussion

The district court has broad discretion in deciding whether to certify a class. Gulf Oil Co. v. Bernard, 452 U.S. 89, 100, 101 S.Ct. 2193, 68 L.Ed.2d 693 (1981). A class action may only be certified if the court is satisfied after a “rigorous analysis” that the prerequisites of Rule 23(a) have been met. General Tel. Co. of Southwest v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982). Maintainability as a class action may be determined by the pleadings, although it may be necessary for the court to probe behind the pleadings to ensure that the prerequisites of Rule 23 have been met. Id. at 160, 102 S.Ct. 2364.

The party seeking to utilize the class action device bears the burden of proof. Senter v. General Motors Corp., 532 F.2d 511, 522 (6th Cir.1976). In order for a class to be certified, all four prerequisites of Rule 23(a) must be met. Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997). Once those prerequisites are met, then the party seeking certification must demonstrate that the action qualifies under at least one of the subcategories of Rule 23(b). Id. In the case at hand, Plaintiffs claim that they have met the requirements under the subcategory of Rule 23(b)(3).

A. Requirements of Federal Rule of Civil Procedure 23(a)

In order to proceed as a class action, the party seeking certification must demonstrate that:

(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 interests of the class.

Fed.R.Civ.P. 23(a). As no class action may be maintained without meeting these prerequisites, an analysis of these factors is appropriate.

1. Rule 23(a)(1): Numerosity

The first requirement of Rule 23(a) is that the class be so numerous that joinder of all members would be impracticable. Fed. R.Civ.P. 23(a)(1). The plaintiff need not demonstrate that it would be impossible to join all the class members; rather, he need simply show that joinder in this case would be difficult and inconvenient. Day v. NLO, Inc., 144 F.R.D. 330, 333 (S.D.Ohio 1992); see also Boggs v. Divested Atomic Corp., 141 F.R.D.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Elmy v. Western Express, Inc.
M.D. Tennessee, 2021
Willis v. Big Lots, Inc.
242 F. Supp. 3d 634 (S.D. Ohio, 2017)
In re Checking Account Overdraft Litigation
307 F.R.D. 630 (S.D. Florida, 2015)
McDonald v. Franklin County, Ohio
306 F.R.D. 548 (S.D. Ohio, 2015)
Baker v. Autos, Inc.
2015 ND 57 (North Dakota Supreme Court, 2015)
Bent v. ABMD Ltd. (In Re ABMD Ltd.)
439 B.R. 475 (S.D. Ohio, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
264 F.R.D. 321, 2009 U.S. Dist. LEXIS 122674, 2009 WL 5062091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salvagne-v-fairfield-ford-inc-ohsd-2009.