Spina v. Toyota Motor Credit Corp.

703 N.E.2d 484, 301 Ill. App. 3d 364, 234 Ill. Dec. 623
CourtAppellate Court of Illinois
DecidedNovember 12, 1998
Docket1-97-1162
StatusPublished
Cited by12 cases

This text of 703 N.E.2d 484 (Spina v. Toyota Motor Credit Corp.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spina v. Toyota Motor Credit Corp., 703 N.E.2d 484, 301 Ill. App. 3d 364, 234 Ill. Dec. 623 (Ill. Ct. App. 1998).

Opinion

JUSTICE LEAVITT

Plaintiffs Joseph and Barbara Spina and Rock-Tred Corporation leased automobiles from defendant Toyota Motor Credit Corporation (Toyota). Plaintiffs, on behalf of themselves and others similarly situated, filed a two-count complaint against Toyota, alleging Toyota’s refusal to pay interest on plaintiffs’ security deposits violated section 9 — 207 of the Illinois Uniform Commercial Code (UCC) (810 ILCS 5/9 — 207(2)(c) (West 1996)) and the Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 1996)). The chancery court granted Toyota’s motion to dismiss (see 735 ILCS 5/2 — 615 (West 1996)), and plaintiffs now appeal.

Our review of the trial court’s decision in this case is de novo. Vernon v. Schuster, 179 Ill. 2d 338, 344, 688 N.E.2d 1172 (1997). As did the trial court, we must ask whether the allegations of plaintiffs’ complaint, when viewed in a light most favorable to plaintiffs, are sufficient to state a cause of action upon which relief can be granted. See 735 ILCS 5/2 — 615 (West 1996); Vernon, 179 Ill. 2d at 344. According to plaintiffs’ complaint, on December 29, 1990, Rock-Tred entered into a three-year closed-end lease for a 1991 Lexus LS 400. The lease was immediately assigned to Toyota. As a requirement of the lease, RockTred paid a refundable security deposit of $500. On August 1, 1992, the Spinas entered into a three-year closed-end lease for a 1992 Lexus SC 300, and that lease was also immediately assigned to Toyota. The Spinas paid the same security deposit as Rock-Tred.

Regarding the security deposit, both leases contained the following provision:

“Security Deposit: We may use the security deposit to pay all amounts that you should pay under this Lease but do not. If you perform all of your obligations under this Lease, the security deposit will be returned to you at the end of the lease term.”

According to plaintiffs’ complaint, their security deposits “were mixed and commingled in accounts containing funds belonging to” Toyota, which had use of the funds throughout the term of the lease. Plaintiffs further alleged Toyota “utilized the security deposits, in a manner that causes the deposits to increase in value through accrued interest or other investment or permits defendant otherwise to profit or enjoy other economic benefits from its possession of such deposits (‘profits’).”

The first count of plaintiffs’ complaint alleges Toyota’s handling of their security deposits violates section 9 — 207(2) of the UCC. Section 9 — 207(2) provides:

“Unless otherwise agreed, when collateral is in the secured party’s possession
* * *
(c) the secured party may hold as additional security any increase or profits (except money) received from the collateral, but money so received, unless remitted to the debtor, shall be applied in reduction of the secured obligation.” 810 ILCS 5/9— 207(2)(c) (West 1996).

Plaintiffs assert money given as a security deposit in connection with an automobile lease constitutes “collateral” creating a “security interest” within the meaning of the UCC. Under section 9 — 207, according to plaintiffs’ complaint, Toyota was required either to remit any interest received on their security deposits or to apply that interest to reduce their obligations under the lease. The chancery court found section 9 — 207 inapplicable to automobile lease security deposits and dismissed plaintiffs’ complaint.

As did the chancery court, we begin by noting Illinois has a long history of regulating security deposits through specific legislation. In 1921, Illinois adopted “An Act relating to money deposited or advanced under contracts for the use of the rental of personal property.” See Ill. Rev. Stat. 1985, ch. 29, pars. 9 through 14 (Rental Act) (repealed by Pub. Act 85 — 733, § 6, eff. January 1, 1988). Section 1 of the Rental Act provided:

“In all contracts for the use or rental of personal property by the terms of which money is advanced or deposited as security ***, the money so advanced shall he deposited at interest with a bank, trust company or savings and loan association ***, in trust for the use of the parties to such contract or agreement.” Ill. Rev. Stat. 1985, ch. 29, par. 9.

In regard to interest earned on such security deposits, section 6 of the Rental Act provided:

“Any interest which accrues while the money advanced is so deposited shall be kept with the principal sum and shall be disposed of in the same manner as the principal sum in accordance with the provisions of this Act.” Ill. Rev. Stat. 1985, ch. 29, par. 14.

In 1987, the Illinois legislature repealed the Rental Act and replaced it with the Consumer Deposit Security Act of 1987 (Ill. Rev. Stat. 1987, ch. 29, par. 951 et seq. (now 815 ILCS 165/1 et seq. (West 1996) (Deposit Act))). Under the new Deposit Act, “[a]ny lessor who requires a deposit from a lessee in connection with a consumer lease” may either (1) post a $10,000 surety bond with the Illinois Attorney General guaranteeing the refund of such security deposits, or (2) place the security deposit in an account with a bank, trust company, or a savings and loan association. See 815 ILCS 165/3 (West 1996). Only if a lessor chooses to deposit the funds in an interest-bearing account will “the party entitled to the deposit at the end of. the lease” receive interest on the deposit at the termination of the lease; security deposits less than $150 are excluded from this requirement. 815 ILCS 165/3(b) (West 1996).

It is against this statutory backdrop that' we must determine whether section 9 — 207 of the Illinois UCC was intended to apply to the security deposits at issue in this case. The chancery court found it did not, and we are aware of no rulings by Illinois courts on this issue. A number of federal courts, however, have addressed whether this particular section of the UCC, as enacted in this and other states, applies to automobile lease security deposits. See generally Chavez, Automobile Lease Security Deposits: the Duty to Pay Interest (hereinafter Security Deposits), 1047 PLI/Corp. 857, 865-81 (1998) (summarizing federal decisions in this area, including Judge Boharic’s dismissal order in the present case). Inasmuch as both parties, as well as the trial court, relied upon several of these decisions, we will briefly summarize the various federal decisions in this area of the law.

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

Related

McLear v. Village of Barrington
910 N.E.2d 644 (Appellate Court of Illinois, 2009)
Hooker v. Retirement Board of Firemen's Annuity & Benefit Fund
907 N.E.2d 447 (Appellate Court of Illinois, 2009)
Cunningham v. Retirement Board of the Firemen's Annuity & Benefit Fund
389 Ill. App. 3d 1065 (Appellate Court of Illinois, 2009)
Cunningham v. RETIREMENT BD. FIREMEN'S ANN.
907 N.E.2d 463 (Appellate Court of Illinois, 2009)
Bassett v.Pekin Police Pension Board
Appellate Court of Illinois, 2005
Bassett v. Pekin Police Pension Board
839 N.E.2d 130 (Appellate Court of Illinois, 2005)
Doe v. General Motors Acceptance Corp.
2001 WI App 199 (Court of Appeals of Wisconsin, 2001)
Knight v. Ford Motor Credit Company
735 N.E.2d 513 (Ohio Court of Appeals, 2000)
Tosado v. Miller
720 N.E.2d 1075 (Illinois Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
703 N.E.2d 484, 301 Ill. App. 3d 364, 234 Ill. Dec. 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spina-v-toyota-motor-credit-corp-illappct-1998.