Who is a Class Member
The Ally Financial Hidden Auto Dealer Fee Class Action Settlement includes “all persons nationwide who leased a motor vehicle pursuant to a SmartLease Agreement that was assigned to Ally Financial Inc. (or a predecessor in interest or affiliated company, including General Motors Acceptance Corporation, GMAC LLC, GMAC Inc., GMAC Automotive Bank, Ally Bank, Ally Bank Lease Trust or Ally Financial Lease Trust), and who subsequently purchased the leased vehicle between June 4, 2009 and June 18, 2018 pursuant to the purchase option provision in the SmartLease Agreement and were required to pay a documentary, dealer, or similar fee not disclosed in the SmartLease Agreement when purchasing the vehicle.”
If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.
Settlement Amount
- $19,717,222.00
Estimated Award
- VARIES
Class Members who submit a timely and valid Claim Form can receive a payout of “up to 100 percent of the documentary, dealer, or similar fee that was charged in connection with the lease-end purchase pursuant to the purchase option provision in his/her SmartLease Agreement.”
Proof of Purchase
- N/A
Claim Form
Ally Financial Hidden Auto Dealer Fees Settlement Notes
- Schreiber v. Ally Financial Inc.
- Case No. 1:14-cv-22069
- Pending in the U.S. District Court for the Southern District of Florida
In January 2017, plaintiffs Robert A. Schreiber and Winifred C. Burnfield filed this class action lawsuit alleging Ally Financial charged hidden dealer fees in connection with auto leases, violating the Consumer Leasing Act (CLA).
According to the complaint, Ally Financial originates over $10 billion in auto leases in the United States per year and uses a standardized form contract that known as the “Smartlease” agreement. Ally’s Smartlease agreement provides that the lessee has the option of purchasing the vehicle at the end of the lease term for a set price, plus official fees and taxes, which the agreement defines as governmental fees, such as license, title, registration, testing and inspection fees.
However, the lawsuit contends that at the end of the lease term, Ally Financial refuses to sell the vehicle to its lessees for the set price listed on the Smartlease agreement. Instead, its lessees are forced to purchase the vehicle through a dealer for a higher price, which is inflated due to the inclusion of additional fees that were never disclosed in the Smartlease agreement.
In Schreiber’s case, he was charged a previously undisclosed pre-delivery service fee of $5,799.99 and a documentation fee of $100. Likewise, Burnfield was charged a previously undisclosed documentary fee of $250.
Ally Financial denies it did anything illegal, but agreed to resolve these allegations by entering into a settlement agreement for nearly $20 million. Complete details about the case and settlement are provided on the Ally Financial Hidden Auto Dealer Fee settlement website.
Class members who wish to object to or exclude themselves from the Ally Financial Hidden Auto Dealer Fee settlement must do so by August 31, 2018. Class members who wish to participate in the settlement must submit a claim form on or before January 9, 2019.
Important Dates
- 1/9/19: Claim Form Deadline
- 8/31/18: Objection or Exclusion Deadline
- 10/11/18: Final Hearing at 10:00 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.DealerFeeSettlement.com to confirm that the date or time of the Hearing has not been changed.
Contact Information
- Mail: Schreiber v. Ally Financial, Inc., c/o Heffler Claims Group, PO Box 7528, Philadelphia, PA 19101-7528
- Phone: 1-844-702-2784
Class Counsel
- Matthew P. Weinshall of Podhurst Orseck PA
- Dan Alberstone of Baron & Budd PC
Settlement Website
I returned the form I was sent, about ALLY and have heard nothing back. I was wondering if the class action is still being evaluated or not any information you can E-Mail would greatly appreciated.
Thank you, Frank and Marilee Andreasen.