Kentucky Class Action Lawyer: Army Officer Files Federal Class Action Lawsuit Under Servicemembers Civil Relief Act Against BMW Financial Services
The following is an e-mail from Dana Venneman, who recently filed a class action lawsuit against BMW Financial Services NA, LLC under the Servicemembers Civil Relief Act.
Dear Friends: this is a personal message from Dana Venneman. If you received this email, it is because you are a lawyer I hold in high regard, a leader of Soldiers, a Servicemember, know a Servicemember, or come in contact with Servicemembers every day and often, Servicemembers who have mobilized or will mobilize.
I have retained personal counsel to file a federal class action lawsuit against BMW FINANCIAL SERVICES NA, LLC under the federal statute commonly known as the Servicemembers Civil Relief Act. I am the lead plaintiff. The lawsuit was filed this month in the United States District Court, District of New Jersey; however, the class may be open to anyone affected, regardless of their location in the continental United States or overseas in military service. The "class of persons," in this case any member of the military similarly situated, has exceptionally good and dedicated counsel and I believe our cause will prevail.
In 2008, I came on military orders to go to the combat zone in Afghanistan with the New York Army National Guard. Under the Servicemembers Civil Relief Act, (SCRA) a mobilized Servicemember has a right to surrender an automobile lease without financial consequence or penalty. With these orders, I surrendered ("turned in") a 2006 BMW 330i to BMW FINANCIAL SERVICES NA, LLC with timely notice. When I leased the vehicle, I paid extra money up front, ($6,000.00) to reduce the monthly lease payment (rent). This is typically called a "Capitalized Cost Reduction" or CCR. I am suing BMW FINANCIAL SERVICES NA, LLC because it has repeatedly refused, without any rational basis, to refund a pro-rata share of the CCR remaining on the 36 month lease.
I was motivated in large measure to file this lawsuit because of the great difference in power between a financing company and an individual. I figured that if a lawyer and military officer can't convince BMW FINANCIAL SERVICES NA, LLC of its legal obligations to Servicemembers, after repeated efforts short of a lawsuit, then the injustice is even greater for those Servicemembers without legal education and training, or perhaps even the knowledge that they are entitled to a refund of all rents paid in advance.
I ask you to take a mental note of the lawsuit and if you know a Servicemember, who turned in a lease under the SCRA, ask him or her to contact me. It does not matter if the Servicemember turned the vehicle in to BMW FINANCIAL SERVICES NA, LLC or some other manufacturer's leasing subsidiary/financier. They are entitled to rents paid in advance when they turn the vehicle in. It does not matter how small the value of the pro rata share of rents is. It may not matter how long ago the turn in occurred. The purpose of this lawsuit, in part, is to enjoin manufacturers and/or their leasing subsidiaries from failing to return rents paid in advance to Servicemembers. Ultimately, my counsel and I take up this cause on behalf of all Servicemembers.
Disclaimer: the views contained in this email and in the lawsuit are not to be attributed to the United States Army or the United States Government. This is a personal lawsuit.
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For more information on this subject and the rights of soldiers/servicemembers, contact Louisville, Kentucky attorney Will Nefzger by clicking on this link: e-mail Will. You can also find out more information about me and my firm by clicking on the Website link at the top of this page and going to my bio page.
