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Consumer Law Keyed to Whaley, 9th Ed.
Vincent v. The Money Store
Citation:
736 F.3d 88 (2013)Facts
Plaintiffs Vincent, Gutierrez, and the Garridoses obtained mortgage loans from various original lenders (Accubanc, First Financial, and FHB Funding respectively) between 1996 and 1998. None of the promissory notes or deeds of trust mentioned The Money Store. The original lenders provided required TILA disclosures at loan execution. Shortly after origination, all loans were assigned to The Money Store through separate endorsements. After plaintiffs defaulted, The Money Store contracted with Moss Codilis law firm under a “Breach Letter Program” to generate and mail breach notification letters. From 1997-2002, Moss Codilis sent 88,937 letters for a flat fee of $35-50 per letter. The letters, printed on law firm letterhead, stated the firm had been “retained” to “collect a debt” and was “authorized” to contact borrowers, though Moss Codilis performed only ministerial tasks like data entry and mailing, with no meaningful legal involvement. The Money Store allegedly also charged plaintiffs unauthorized fees and failed to refund resulting credit balances.
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