Toyota Motor Credit Corp. (TMCC) GAP fee refund $59M class action settlement (2024)

Toyota Motor Credit Corp. (TMCC) GAP fee refund $59M class action settlement (1)

Toyota Motor Credit Corp., or TMCC, has agreed to pay $59 million to settle claims that the company failed to provide customers with a partial refund of the fees they paid for Guaranteed Asset Protection (GAP) after they paid off their finance agreements early.

Two classes have been established in the TMCC GAP fees settlement — a Statutory Class and a Non-Statutory Class.

The Statutory Class includes all consumers who entered into a finance agreement with GAP protection in Alabama, Colorado, Indiana, Iowa, Massachusetts, New Jersey, Oklahoma, Oregon, Texas, Vermont, Wisconsin or Wyoming who meet the following criteria:

  • Had agreements were assigned to Toyota Motor Credit Corp.
  • Paid off their finance agreement 30 days or more before before the maturity of the agreement date, on a date that falls during the statutory period
  • Did not receive a GAP refund or suffer a total loss of their vehicle during the term of the finance agreement

The Non-Statutory Class includes all consumers who meet the following criteria:

  • Had finance agreements with GAP protections assigned to Toyota Motor Credit Corp.
  • Paid off their finance agreement 30 days or more before before the maturity of the agreement date, on a date between Jan. 1, 2016, and Oct. 25, 2021
  • Did not receive a GAP refund or suffer a total loss of their vehicle during the term of the finance agreement
  • Did NOT have a vehicle covered by the Statutory Class definition

Toyota Motor Credit Corp. provides financing and leasing for Toyota customers.

Toyota Motor Credit Corp. denies any wrongdoing in response to claims that it failed to provide sufficient refunds to finance agreement consumers with GAP protections, but has agreed to a settlement in the interest of avoiding the costs and risks of continued litigation.

Eligible class members will qualify to receive a cash payment.

Statutory Class members can receive the full amount of their GAP refund without any deduction for cancellation fees, plus interest. It is estimated Toyota Motor Credit Corp. will pay $19.1 million to this class.

Non-Statutory Class members will be eligible to receive up to the full amount of their GAP refund without any deduction for cancellation fees, and will be paid from the $59 million settlement fund.

In addition to the monetary relief, the TMCC GAP fees settlement also provides changes to Toyota Motor Credit Corp.’s business practices. The company agreed to change its refund practice so it automatically and directly provides GAP refunds within a reasonable time after an early payoff, provided that payoff occurs more than 30 days before the finance agreement’s original maturity date.

The deadline to opt out of the Toyota Motor Credit Corp. settlement, submit a dispute or file an objection to the settlement is Sept. 26, 2022.

Class members are invited to attend a final fairness hearing in the Toyota Motor Credit Corp. refund class action settlement scheduled for Oct. 31, 2022.

Statutory Class members do not need to submit a claim form in order to receive a payment. They will automatically receive a payment in the mail.

Non-Statutory Class members must submit a claim in order to receive a payment.

The deadline for Non-Statutory Class members to submit a claim in the TMCC GAP fees settlement is Sept. 26, 2022.

Who’s Eligible

The Statutory Class includes all consumers who entered into a finance agreement with GAP protection in Alabama, Colorado, Indiana, Iowa, Massachusetts, New Jersey, Oklahoma, Oregon, Texas, Vermont, Wisconsin or Wyoming who meet the following criteria:

  • Had agreements were assigned to Toyota Motor Credit Corp.
  • Paid off their finance agreement 30 days or more before before the maturity of the agreement date, on a date that falls during the statutory period
  • Did not receive a GAP refund or suffer a total loss of their vehicle during the term of the finance agreement

The Non-Statutory Class includes all consumers who meet the following criteria:

  • Had finance agreements with GAP protections assigned to Toyota Motor Credit Corp.
  • Paid off their finance agreement 30 days or more before before the maturity of the agreement date, on a date between Jan. 1, 2016, and Oct. 25, 2021
  • Did not receive a GAP refund or suffer a total loss of their vehicle during the term of the finance agreement
  • Did NOT have a vehicle covered by the Statutory Class definition

Potential Award

Varies.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

09/26/2022

Case Name

Martin, et al. v. Toyota Motor Credit Corp., Case No. 2:20-cv-10518-JVS-MR in the U.S.District Court
for the Central District of California

Final Hearing

10/31/2022

Settlement Website

Claims Administrator

Martin v. TMCC
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
1-888-321-1272
TMCCGapSettlement@atticusadmin.com

Class Counsel

Jason M. Frank
Andrew D. Stolper
Scott H. Sims
FRANK SIMS & STOLPER LLP

Franklin D. Azar
FRANKLIN D. AZAR & ASSOCIATES PC

Defense Counsel

Stacie Bambauer
Assistant General Counsel
TOYOTA MOTOR CREDIT CORP.

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Various Trademarks held by their respective owners

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Please note: Top Class Actions is not a settlementadministrator or law firm. Top Class Actions is a legal news sourcethat reports on class action lawsuits, class action settlements,drug injury lawsuits and product liability lawsuits. Top ClassActions does not process claims and we cannot advise you on thestatus of any class action settlement claim. You must contact thesettlement administrator or your attorney for any updates regardingyour claim status, claim form or questions about when payments areexpected to be mailed out.

Toyota Motor Credit Corp. (TMCC) GAP fee refund $59M class action settlement (2)

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Toyota Motor Credit Corp. (TMCC) GAP fee refund $59M class action settlement (2024)

FAQs

How much is the ITT Tech settlement payout? ›

Education Department approves $3.9 billion group discharge for 208,000 borrowers who attended ITT Technical Institute.

Is the ITT Tech settlement real? ›

Frosh (D), who helped secure a $330 million settlement against ITT Tech over private student loans. “We are pleased that the Department of Education heeded our recommendation to forgive the federal loans owed by defrauded students.”

Why was my mortgage transferred to Mr Cooper? ›

Why You Were Transferred. Your account was transferred because your previous servicer sold your loan to us, your new servicer. Mortgage loans being sold between servicers is very common.

Does American first finance report to credit? ›

American First Finance reports all payment history details to select credit reporting agencies no less than once (1) per month. This may take approximately 45 days to reflect on your credit report.

How do I know if I qualify for Navient settlement? ›

Here are the eligibility criteria: You must have borrowed a private student loan from Navient or its predecessor, Sallie Mae, between 2002 and 2014 while attending certain for-profit schools like the Art Institute, ITT Technical Institute, and others. You can see a full list of schools at navientagsettlement.com.

Do I have to pay my student loans from ITT Tech? ›

You are still responsible for repayment of the loans taken out to finance your education at ITT. However, students who attended a school and believe they were defrauded or that their school otherwise violated applicable state law may be eligible for a type of loan forgiveness called borrower defense to repayment.

What qualifies borrower defense? ›

Specifically, you may assert borrower defense by demonstrating that the school, through an act or omission, violated state law directly related to your federal student loan or to the educational services for which the loan was provided.

Are student loans back? ›

Today, the U.S. Department of Education (Department) announced a final extension of the pause on student loan repayment, interest, and collections through December 31, 2022. Borrowers should plan to resume payments in January 2023.

Did Biden forgive ITT Tech student loans? ›

The Biden administration announced it will discharge any remaining federal student loan debt for borrowers who attended ITT Technical Institute from Jan. 1, 2005 through its closure in September 2016.

How many times can a mortgage be sold? ›

“Sometimes, a mortgage loan can be sold multiple times without the borrower's knowledge if the servicer doesn't change with the sale,” says Whitman. If your loan is sold or transferred and the servicer changes, here's what to expect and do: Expect to receive two notices. One will come from your current servicer.

What does it mean when a mortgage company sells your loan? ›

Having a sold loan means that the lender has sold the rights to service the loan (i.e. collect the monthly principal and interest payments.) Everything about the loan remains the same except for the address the mortgage payments will be sent to.

Why is my mortgage being sold so often? ›

In hopes of a quicker profit, lenders will often sell the loan. If servicing a loan costs more than the money it brings in, lenders may attempt to sell the servicing of it to lower their costs. The lender may also sell the loan itself to free up money in order to make more loans.

Why did my credit score drop when I paid off my car? ›

Lenders like to see a mix of both installment loans and revolving credit on your credit portfolio. So if you pay off a car loan and don't have any other installment loans, you might actually see that your credit score dropped because you now have only revolving debt.

Is there a class action lawsuit against American First Finance? ›

Class Action Allegations

We are investigating reports that American First Finance may be wrongfully providing loans to California consumers or wrongfully imposing high interest rates. If your consumer purchase was financed by American First Finance, you may be entitled to relief.

Does Acima repo furniture? ›

Yes, as part of your leasing agreement, Acima may attempt to take the proper legal action in order to repossess products that you have not paid properly.

Who benefits from Navient settlement? ›

The private loan debt relief will primarily go to borrowers who took out private subprime student loans (made to borrowers with low credit scores) through Navient's predecessor, Sallie Mae, between 2002 and 2014, and then had more than seven consecutive months of delinquent payments prior to June 30, 2021.

How do you find out if Navient will cancel my loans? ›

How will I know if my private Navient loans are cancelled? Navient will notify all borrowers who are affected after the agreements receive final court approvals, according to the company.

Who is eligible for Navient debt cancellation? ›

Only loans held by the Department of Education are eligible for the loan cancellation program. As of September 29, 2022, ED issued a FAQ announcing that borrowers with federal student loans not held by ED cannot obtain one-time debt relief by consolidating those loans into Direct Loans.

How do I know if I qualify for student loan forgiveness ITT Tech? ›

You must have outstanding student loan debt from one of the following Federal student loan forgiveness programs: Direct Loans, FEEL Loans, or Perkins Loans. Your ITT school must have closed while you were still enrolled – OR – your ITT school must have closed within 120 days after you withdrew from the program.

Which student loans will be forgiven? ›

What types of student loans qualify? Nearly every type of federal student loan qualifies for forgiveness, including direct subsidized or unsubsidized loans and graduate or parent PLUS loans. If your loans qualified for the federal student loan payment pause, they're eligible for this forgiveness opportunity.

Is Navient a federal student loan? ›

Is Navient Federal or Private? While Congress originally created Sallie Mae to support the federal student loan program, it was eventually privatized. Navient is a private company that the U.S. Department of Education once hired to service its federal loans.

Can I get my loans forgiven from Kaplan University? ›

Student loan forgiveness for former students of Kaplan University is readily available via two excellent Federal student loan forgiveness programs: the Borrower's Defense To Repayment program (BDAR) and the Closed School Loan Discharge program.

How long does a borrower defense decision take? ›

And under the agreement, the Education Department would have to render a decision on those Borrower Defense applications within 36 months, or the borrower's loans would have to be discharged.

What is the statute of limitations for borrower defense? ›

Regarding time limitations, the Department proposes a six-year limitation period to recover for loans disbursed on or after July 1, 2023, which starts on the date that the institution reported that the borrower graduated or withdrew or at any time if the act or omission was a judgment against an institution.

Is student loan forgiveness automatic? ›

The Education Department has indicated that around eight million federal student loan borrowers may receive student loan forgiveness automatically, without needing to submit a formal application.

Are student loan payments going to be suspended again? ›

Payments for federal student loans have been paused continuously since early 2020, giving borrowers temporary relief from their student loan balances. “The payment pause will likely be extended again, probably until Jan. 31, 2023,” says Robert Farrington, CEO of The College Investor.

Are student loans ever forgiven? ›

The answer: Yes! However, there are very specific eligibility requirements you must meet to qualify for loan forgiveness or receive help with repayment. Loan forgiveness means you don't have to pay back some or all of your loan.

Did all ITT Tech loans get forgiven? ›

The Education Department announced Tuesday that a total of $3.9 billion in student debt will be forgiven for all former ITT Technical Institute students.

What classes did ITT Tech offer? ›

The ITT Technical Institute campus in Canton, Michigan offers Bachelor of Science (B.S.) degrees in Information Systems and Cybersecurity, Software Development, Electrical Engineering Technology, Electrical Engineering and Communications Technology and Project Management and Administration.

When did ITT close down? ›

The ITT Technical Institute campus in Rancho Cordova, Calif., is closed in September 2016 after the school's shutdown. Hundreds of thousands of students who took out federal student loans to attend ITT Tech as far back as 2005 will automatically have that debt canceled.

Can a mortgage company force you to sell your house? ›

If you are no longer able to pay your mortgage, you can be forced to sell your home. The mortgage lender is well within their legal rights to apply for a 'charging order' which means that you will have to sell your home so that the debt on your mortgage can be repaid.

Can my mortgage be sold without my permission? ›

Yes. Federal banking laws and regulations permit banks to sell mortgages or transfer the servicing rights to other institutions. Consumer consent is not required.

What happens when your car loan is sold to another company? ›

If your loan is sold, then your lender must provide you with a loan ownership transfer notice. Just because your loan is sold does not mean that your servicing right is sold and that you will get a new servicer.

Why does my loan servicer keep changing? ›

A borrower's student loan servicer might change if the servicer's contract with the U.S. Department of Education is not renewed or if a new servicer is added. Servicing contracts currently last five years, but can be renewed.

What does loan removed due to release mean? ›

When your lender releases a mortgage, you have paid off the loan balance. A release of a mortgage is the removal of the lender's lien on your home.

What happens when your student loan is sold? ›

If your student loans are sold, your interest rates or repayment terms won't change. But your payments aren't automatically transferred if your student loans are sold, either. You will need to create an account with the new servicer to make payments through them.

Is there a grace period when your mortgage is sold? ›

Know your rights under the law

You have a 60-day grace period after a transfer to a new servicer. That means you can't be charged a late fee if you send your on-time mortgage payment to the old servicer by mistake — and your new servicer can't report that payment as late to a credit bureau.

Who did Mr Cooper sell my mortgage to? ›

Cooper Sells Champion Reverse Servicing Portfolio to MAM. Mortgage servicing, origination and transaction-based services company Mr. Cooper Group announced on Tuesday the sale of its reverse mortgage servicing portfolio – operating under the Champion Mortgage brand – to Mortgage Assets Management, LLC (MAM).

What happens to mortgage interest when you sell? ›

If your existing mortgage is a fixed interest rate deal, you'll usually have to pay an early repayment charge (ERC) if you decide to sell before the fixed term is up. This can be as much as 5% of the value of your loan.

How can I raise my credit score 200 points in 30 days? ›

How to Raise Your Credit Score by 200 Points
  1. Get More Credit Accounts.
  2. Pay Down High Credit Card Balances.
  3. Always Make On-Time Payments.
  4. Keep the Accounts that You Already Have.
  5. Dispute Incorrect Items on Your Credit Report.

Why did my credit score drop 40 points after paying off debt? ›

Credit utilization — the portion of your credit limits that you are currently using — is a significant factor in credit scores. It is one reason your credit score could drop a little after you pay off debt, particularly if you close the account.

How many points will my credit score increase when I pay off collections? ›

Your overall credit profile

As the CFPB notes, if your score was 780 before you received the collection account, paying it off could raise your score by a full 105–125 points.

Does American First Finance check your credit? ›

Does American First Finance check credit? Yes, unless you have already applied through American First Finance within the past 30 days. When you apply for a product, American First Finance may check your credit using a hard credit inquiry (also known as a “hard credit pull”), which may influence your credit score.

Can you pay off American first finance early? ›

You may pay off at any time including at the end of your full contract term. If you would like to pay earlier (but after the Early Payoff Discount Period has passed), by paying the loan in full before the final payment due date, you will pay less interest than if you pay according to the loan amortization schedule.

Is American First Finance lease to own? ›

Ready to Apply? American First Finance (AFF) makes it easy to apply for lease-to-own products and provides a large network of popular partner stores across the country to choose from. To find what AFF can offer you if approved, you can apply online in minutes by choosing a store and filling out our short application.

Do I have to pay the deficiency balance? ›

The original borrower is responsible for paying the deficiency balance. However, some lenders may forgive or write off that balance if it's clear the borrower has no assets to pay. In those cases, any amount greater than $600 counts as taxable income.

Can a debt collector take you to court after 7 years? ›

Under state laws, if you are sued about a debt, and the debt is too old, you may have a defense to the lawsuit. These state laws are called "statutes of limitation." Most statutes of limitations fall in the three-to-six year range, although in some jurisdictions they may extend for longer depending on the type of debt.

What happened to ITT Tech? ›

The ITT Technical Institute campus in Rancho Cordova, Calif., is closed in September 2016 after the school's shutdown. Hundreds of thousands of students who took out federal student loans to attend ITT Tech as far back as 2005 will automatically have that debt canceled.

When did ITT Tech close? ›

On Sept. 16, 2016, ITT filed a Voluntary Petition for Chapter 7 Bankruptcy in the United States Bankruptcy Court for the Southern District of Indiana and subsequently ceased all company operations. As a result, all ITT Technical Institutes have lost their eligibility to receive federal student aid funds from ED.

Where is ITT Tech located? ›

ITT Technical Institute (ITT Tech) was a private for-profit technical institute with its headquarters in Carmel, Indiana and many campuses throughout the United States.

How do I get my transcripts from ITT Tech? ›

To obtain your ITT Technical Institute student records and transcripts, order them through parchment.com/itt.

Did ITT Tech lose its accreditation? ›

ACICS had approved the institution, though it withdrew from accreditation just a few days before USA TODAY's investigation was published. Following the story, the Education Department started an inquiry of the group in 2020. By 2021, the federal government again moved to strip the accreditor of federal recognition.

Who is eligible for ITT student loan forgiveness? ›

You must have outstanding student loan debt from one of the following Federal student loan forgiveness programs: Direct Loans, FEEL Loans, or Perkins Loans. Your ITT school must have closed while you were still enrolled – OR – your ITT school must have closed within 120 days after you withdrew from the program.

Who is the owner of ITT? ›

Sosthenes Behn

Does Kaplan College qualify for loan forgiveness? ›

Student loan forgiveness for former students of Kaplan University is readily available via two excellent Federal student loan forgiveness programs: the Borrower's Defense To Repayment program (BDAR) and the Closed School Loan Discharge program.

What qualifies borrower defense? ›

Specifically, you may assert borrower defense by demonstrating that the school, through an act or omission, violated state law directly related to your federal student loan or to the educational services for which the loan was provided.

Did Biden forgive ITT Tech student loans? ›

The Biden administration announced it will discharge any remaining federal student loan debt for borrowers who attended ITT Technical Institute from Jan. 1, 2005 through its closure in September 2016.

What does ITT stand for? ›

ITT is an initialism that stands for “in this thread.” It's typically used on online forums, social networking sites, and message boards to describe or suggest a topic to be discussed in a particular thread.

What did ITT Tech stand for? ›

ITT. Information Technology Technician (various organizations)

What classes did ITT Tech offer? ›

The ITT Technical Institute campus in Canton, Michigan offers Bachelor of Science (B.S.) degrees in Information Systems and Cybersecurity, Software Development, Electrical Engineering Technology, Electrical Engineering and Communications Technology and Project Management and Administration.

What is transcript Parchment? ›

Parchment delivers the most comprehensive academic credential management platform and global network. We provide learners, academic institutions and employers the ability to innovate, request, verify and share transcripts, diplomas, and other credentials in simple and secure ways.

How long does Parchment take to send transcripts? ›

1. SCHOOL SENDING TIMES. Average school sending times are within 2 business days from when Parchment notifies them.

How do I contact ITT Technical Institute? ›

  1. Contact Email studentquestions@itt-tech.edu.
  2. Phone Number 888-442-4551.

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