Huffman, et al. v. Credit Union of Texas, No. 13-1881 (8th Cir. 2014)
Annotate this CasePlaintiffs filed a class action suit alleging that CUT violated the Missouri Uniform Code (Mo UCC) and Missouri Merchandising Practices Act (MMPA) by participating in a subprime motor vehicle lending program administered by now-bankrupt Centrix. The court concluded that plaintiffs' MO UCC claims were time-barred whether they were subject to the five-year statute of limitations in section 516.120(2) or the three-year statute of limitations in section 516.130(2); the court denied plaintiffs' motion to supplement the record and to take judicial notice of various Missouri legislative materials related to Mo. Rev. Stat. 516.420; the five year statute of limitations in section 516.120(2) applies in this case because plaintiffs' MMPA claims are actions based upon a liability created by a statute other than a penalty; even if section 516.120(5) applied to plaintiffs' MMPA claims, they are still time-barred because the causes of action accrued no later than March 2005 under either section 516.120(2) or 516.120(5). Accordingly, the court affirmed the district court's judgment that the claims were time-barred.
Court Description: Civil case - Consumer law. In action alleging defendant's motor vehicle loan contracts violated the Missouri Merchandising Practices Act by failing to disclose that the loan costs included premiums for insurance covering borrower default and repossessions and that defendant violated the Missouri UCC when its agent failed to provide plaintiffs with consumer-goods notices required by Mo. Rev. Stat. Sec. 400.9-614 before selling repossessed vehicles, the district court did not err in finding that the Missouri UCC claims were time-barred by the five-year statute of limitations in Mo. Rev. Stat. Sec. 516.120(2). See Rashaw v. United Consumers Credit Union, 685 F.3d 739 (8th Cir. 2012). Plaintiffs' Missouri Merchandising Practices Act claims were also time-barred.
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