Class Action Challenges Ignition Interlock Device Leases
by Erin Shaak
Last Updated on September 13, 2018
Spencer v. #1 A Lifesafer of Arizona Llc et al
Filed: July 16, 2018 ◆§ 2:18cv2225
A proposed class action lawsuit filed against #1 A LifeSafer of Arizona, LLC and #1 A LifeSafer, Inc. takes issue with the companies’ alleged failure to include in their equipment leases certain disclosures that were “segregated from other information."
Arizona
A proposed class action lawsuit filed against #1 A LifeSafer of Arizona, LLC and #1 A LifeSafer, Inc. takes issue with the companies’ alleged failure to include in their equipment leases certain disclosures that were “segregated from other information.”
According to the complaint, LifeSafer allows consumers to lease ignition interlock devices that are designed to prevent vehicles from starting if the driver has consumed a certain amount of alcohol. Under the Consumer Leasing Act, an amendment to the Truth in Lending Act, lessors are required to include in leases certain “clear and conspicuous” disclosures separate from other information. Among the required disclosures are:
- the amount of money due at lease signing or delivery;
- the payment schedule and total amount of payments;
- any other charges that may be imposed;
- the total amount the consumer will pay under the lease;
- whether there is a purchase option;
- the purchase price at the end of the lease term; and
- a statement referring the consumer to the other information contained in the lease.
The lawsuit argues that the defendants “made virtually no effort” to follow the CLA’s mandates and instead provided leases in which the required disclosures were “scattered throughout the overall lease bundle.” The effect, according to the suit, left the plaintiff unaware of the true cost of her lease – information the case says may have influenced her to pursue alternative ignition interlock systems had it been clearly disclosed to her.
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