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GARDNER v. GMAC, INC.

Nos. 14-1048, 14-1049.

796 F.3d 390 (2015)

Gladys GARDNER, Individually and on Behalf of All Persons Similarly Situated, Plaintiff-Appellant, v. GMAC, INC., now known as Ally Financial Incorporated, Defendant and Third-Party Plaintiff-Appellee, v. Manheim Remarketing, Inc., Third-Party Defendant. Randolph Scott, Individually and on Behalf of All Persons Similarly Situated, Plaintiff-Appellant, v. Nuvell Financial Services, LLC; Nuvell National Auto Finance, LLC, d/b/a Nuvell National Auto Finance, Defendants and Third-Party Plaintiffs-Appellees, v. Manheim Remarketing, Inc., Third-Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: August 6, 2015.

Attorney(s) appearing for the Case

ARGUED: Benjamin Howard Carney , Gordon, Wolf & Carney CHTD., Towson, Maryland, for Appellants. Martin C. Bryce, Jr. , Ballard Spahr LLP, Philadelphia, Pennsylvania, for Appellees. ON BRIEF: Martin E. Wolf , Gordon, Wolf & Carney CHTD., Towson, Maryland; Mark H. Steinbach , Washington, D.C.; John J. Roddy , Elizabeth A. Ryan , Bailey & Glasser, LLP, Boston, Massachusetts, for Appellants. Robert A. Scott , Glenn A. Cline , Ballard Spahr LLP, Baltimore, Maryland, for Appellees.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge NIEMEYER and Judge KEENAN joined.

The main question raised by this appeal is when borrowers may seek a remedy after their creditors violate the repossession notice requirements in Maryland's Credit Grantor Closed End Credit Provisions ("CLEC"), Md.Code Ann., Com. Law § 12-1001 et seq. Because we conclude that CLEC requires borrowers to have repaid...

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