Cases

Cases

Displaying 1 - 10 of 17
Case Name Overview Federal Court Case Documents
United States v. ASAP Towing & Storage Company (M.D. Fla.)

On October 15, 2020, the court entered a consent order resolving United States v. ASAP Towing & Storage Company (M.D. Fla.).  The complaint, filed on September 10, 2020, alleged that ASAP engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA) by auctioning, selling or otherwise disposing of 33 vehicles owned by SCRA-protected servicemembers without court orders. The consent order requires ASAP to pay $99,500 to the servicemembers and $20,000 as a civil penalty.  The consent order has a term of five years and requires ASAP to use Vehicle Identification Numbers (VINs) to search publicly available databases to check for military status before auctioning off vehicles.

press release (9/10/20)

Florida, Middle District
Complaint
Settlement/Consent Decree
United States v. Western Rim Investors 2011-4, L.P. (W.D. Tex.)

On September 28, 2020, the United States filed a complaint and a consent order in United States v. Western Rim Investors 2011-4, L.P. , d/b/a The Estates At Briggs Ranch and Western Rim Investors 2011-3, L.P. d/b/a The Mansions At Briggs Ranch (W.D. Tex.).  The complaint alleges that two San Antonio-area landlords engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (SCRA) by imposing early termination charges against servicemembers who terminated their residential leases after receiving qualifying military orders and by denying other servicemembers’ requests to terminate pursuant to the SCRA.  The consent order requires the defendants to pay over $71,000 to compensate 45 aggrieved servicemembers. Defendants will also pay a civil penalty of $64,715.  The consent order has a term of three years.  Defendants no longer own, lease or manage rental property; the consent order requires that they establish SCRA-compliant policies, procedures, and obtain training if they reenter that line of business.  The court entered the consent order on September 30, 2020.

press release (9/28/20)

Texas, Western District
Complaint
Settlement/Consent Decree
United States v. United Tows, LLC (N.D. Tex.)

On September 28, 2020, the United States filed a complaint in United States v. United Tows, LLC (N.D. Tex.).  The complaint alleges that United Tows, a Dallas-based towing company, violated Section 3958 of the Servicemembers Civil Relief Act (SCRA) when it auctioned, sold or otherwise disposed of vehicles owned by SCRA-protected servicemembers without obtaining court orders.

press release (9/28/20)

Texas, Northern District
Complaint
United States v. Target Recovery Towing (M.D. Fla.)

On September 29, 2020, the court entered a consent order in United States v. Target Recovery Towing (M.D. Fla.).  The complaint, which was filed on August 18, 2020, alleges that the defendants violated the Servicemembers Civil Relief Act, 50 U.S.C. § 3958, by auctioning off a motor vehicle belonging to a United States Marine Corps Sergeant who was deployed to Japan, without a court order.  The consent decree requires the defendants to pay $17,500 to the servicemember and a civil penalty of $2,500, as well as to adopt new policies and procedures to avoid SCRA violations in the future. 

press release (8/18/20)

press release (9/22/20)

Florida, Middle District
Complaint
Settlement/Consent Decree
Derrick Strong v. City of Chicago Fire Department Illinois, Northern District
Complaint
United States v. Nissan Motor Acceptance Corp. (M.D. Tenn.)

On August 1, 2019, the United States filed a complaint and executed a settlement agreement in United States v. Nissan Motor Acceptance Corp. (M.D. Tenn.).  The complaint alleges that Nissan, which provides motor vehicle lending and leasing services, engaged in a pattern or practice of violating Section 3952 of the Servicemembers Civil Relief Act (“SCRA”) by repossessing vehicles owned by 113 protected servicemembers without the required court orders.  The complaint also alleges that Nissan engaged in a pattern or practice of violating Section 3955 of the SCRA by failing to refund lease amounts paid in advance in the form of capitalized cost reduction to servicemembers who terminated their leases early following receipt of qualifying military orders.  The settlement agreement requires Nissan to pay $2,937,971 in damages to servicemembers and a $62,029 civil penalty to the United States, for a total of $3 million.  The agreement also requires Nissan to adopt new polices and training to prevent future violations of the SCRA. 

press release (8/1/19)

Tennessee, Middle District
Complaint
Settlement/Consent Decree
United States v. PRG Real Estate Management (E.D. Va.)

On March 14, 2019, the Division and the United States Attorney’s Office filed a complaint in United States v. PRG Real Estate Management  (E.D. Va.).  On March 15, 2019, the parties entered into a settlement agreement to resolve the case.  The complaint alleges that PRG Real Estate Management, a property management company, and related entities, engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. 3931 and 3955, when they: (1) obtained default judgments against servicemember-tenants without filing an affidavit disclosing the tenant’s military status to the court; and (2) imposed early termination fees on servicemembers who terminated their leases pursuant to military orders.  Additional defendants are: Watergate/Treehouse Associates, L.P., Chanticleer Associates, L.P., New Colony Hilton Associates, L.P., Heritage Trace Apartments, LLC, PRG Ashton Creek Associates, LLC and New Hyde Park Associates, LLC. The settlement agreement requires the defendants to pay up to $1,490,000 to compensate 127 servicemembers who had unlawful default judgments entered against them and $34,920 to compensate 10 servicemembers who were charged early lease termination fees in violation of the SCRA.  Defendants will also pay a civil penalty of $62,029 to the United States.  In addition, the agreement requires credit repair, policy charges and monitoring for SCRA compliance.

press release (3/15/19)

Virginia, Eastern District
Complaint
Settlement/Consent Decree
United States v. PHH Mortgage Corp. (D. N.J.)

On February 6, 2019, the United States filed a complaint and entered into a settlement agreement resolving United States v. PHH Mortgage Corp. (D. N.J.).  The complaint alleged that PHH, one of the nation’s largest mortgage servicers, engaged in violations of the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. § 3953, that raise issues of significant public importance when it foreclosed on homes owned by six servicemembers without the required court orders.  The settlement agreement requires PHH to pay $750,000 in damages to the servicemembers ($125,000 per servicemember).  The agreement also requires monitoring for SCRA compliance. 

press release (2/6/19)

New Jersey, District of
Complaint
Settlement/Consent Decree
United States v. Hudson Valley Federal Credit Union (S.D.N.Y.)


United States v. Hudson Valley Federal Credit Union (S.D.N.Y.)

On November 2, 2018, the United States filed a complaint and entered into a settlement agreement resolving United States v. Hudson Valley Federal Credit Union (S.D.N.Y.). The complaint alleged that the credit union violated the Servicemembers Civil Relief Act by repossessing protected servicemembers’ motor vehicles without obtaining the necessary court orders. The settlement agreement requires Hudson Valley to provide $10,000 in compensation to each of six servicemembers whose motor vehicles COPOCO unlawfully repossessed and $5,000 to one servicemember who faced an unlawful repossession but had his vehicle returned within 24 hours. The settlement agreement also requires Hudson Valley to provide SCRA training to its employees, report to the United States on any SCRA complaints received, and pay a civil penalty of $30,000.

press release (11/2/18)

New York, Southern District
Complaint
Settlement/Consent Decree
United States v. United Communities, LLC (D. N.J.)

On September 27, 2018, the United States filed a complaint and entered into a settlement agreement in United States v. United Communities, LLC (D. N.J.).  The complaint alleges that United Communities, which provides on-base military housing at Joint Base McGuire-Dix-Lakehurst in New Jersey, engaged in a pattern or practice of violating the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. § 3955, by imposing lease termination charges against 13 servicemembers who had properly terminated their residential leases under the SCRA.  Specifically, United Communities was requiring servicemembers who terminated their leases early following receipt of Permanent Change of Station or deployment orders to repay rent concessions they had received for prior months.  The settlement agreement requires United Communities to pay $45,001.78 in damages to 13 servicemembers and a $17,500 civil penalty to the United States.  The agreement also requires United Communities to adopt new polices and training to prevent future violations of the SCRA.

press release (9/27/18)

New Jersey, District of
Complaint
Settlement/Consent Decree

Pages

Was this page helpful?

Was this page helpful?
Yes No