Decatur, AL – November 15, 2024 – They didn’t pull the trigger, but they did request the police standby that led to the death of borrower Stephen Perkins. Now, the Repossessors and the agency they work for are facing a wrongful death lawsuit. While successfully moving the lawsuit to arbitration, the arbitrator is not necessarily one with a history of good relations with the repossession industry, it is the Alabama Better Business Bureau.  

Named in the lawsuit are the Lender, Pentagon Federal Credit Union (PenFed), America’s second-largest federal credit union, serving over 2.9 million members worldwide with $35.4 billion in assets as of November 1, 2023, according to their website.

Allstar Recovery and the repossessors involved in the incident were named as Caleb Combs and Richie Brady.

The Shooting

As previously reported, 39-year-old father and borrower Stephen Perkins, was gunned down by officers from the Decatur Police Department outside his home on September 29 in Decatur, Alabama. Police claimed that a repossessor, later identified as employed by All Star Recovery, had previously attempted to repossess Perkins truck when it is alleged that Perkins pulled a gun on him. This resulted in the agent calling 911.

While police have yet to release police bodycam footage of the incident, video surveillance cameras captured from neighbors captured the moment Perkins was gunned down. A total of eighteen rounds were fired at him.

Video was also captured showing an agent from Allstar Recovery towing away Perkins truck as he laid dying just feet away. He begins leaving the scene after about 30 seconds into the video while officers can be seen still patting the dying Perkins on the ground behind him. Perkins’ final words were said to be ‘help.’

The video footage had triggered renewed outrage in Decatur at both the police department for allowing the repossession to commence and at All Star recovery whom local activist claim was a needless death. 

In the video, at Decatur officers can be seen standing over the body of Perkins in his front lawn after gunning him down. At the same time, the repossession agent can be seen towing away Perkins’ white GMC Sierra.

The Decatur Police only made things worse when they admitted to reporting a crucial piece of their original allegations that Perkins had been told to drop a gun that he’d been holding but had refused to follow the orders to do so.

Decator Police Chief, Todd Pinion later said Perkins had been ordered to ‘get on the ground’ by officers who’d identified themselves as police. Video evidence showed that officers opened fire before the final order was given when Perkins pointed his flashlight reportedly attached to his pistol. The omission of this critical detail created a firestorm of outrage and suspicion by neighbors and the community.

The lawsuit against Officer Bailey Marquette has been allowed to go forward, but a federal judge has dismissed several claims in the lawsuit, including those filed against three former Decatur police officers – Christopher Mukkadam, Joey Williams and Vance Summers and the City of Decatur.

The repossession company, Allstar Recovery and the two employees have argued they want the claims against them handled by an arbitrator, saying the Perkins family’s claims fall under the arbitration clause laid out in the purchase agreement for Stephen Perkins’ truck.

In a September court filing, Perkins family lawyers argued that the wrongful death claims in the case fall outside the scope of the arbitration agreement because they are not contract-related. They also argued that since the company chose the arbitration forum, they should not be required to arbitrate claims to an ‘unidentified and unknown’ arbitrator.

But the order granting a motion to compel arbitration on Thursday by U.S. District Judge Corey Maze said the question of whether arbitration is the right forum, the “arbitrability,” would be up to the Better Business Bureau of North Alabama to decide.

“Allstar contacted the contractually agreed upon arbitrator—the Better Business Bureau of North Alabama—about this case. But the Better Business Bureau of North Alabama declined to serve as arbitrator … All that BBB must do is arbitrate the scope of the arbitration agreement. If the BBB finds that the claims Perkins brings don’t fit within the scope of the arbitration agreement, then the BBB can simply send Perkins’s claims back to this court,” the filing says.

Documents state the BBB’s arbitration process is intended to “resolve disputes between a buyer and a seller, and a wrongful death claim exceeds the capabilities,” of that process. The BBB previously declined to arbitrate the matter, citing this process. The court also denied Allstar Recovery’s motion to dismiss the claims against them.

Despite the claims against three of the former officers and the City of Decatur being dropped, the claims against Marquette were allowed to move forward because the court found the Perkins’ family lawyers — at this stage — made a successful argument that Marquette’s use of deadly force was not justified.

“Assuming these facts are true, Officer Marquette would not be entitled to qualified immunity because, when Marquette used deadly force, Perkins was neither trying to leave the scene nor posing a serious threat of physical harm to others,” The court said. “Nor did Marquette warn Perkins that he might use deadly force before he shot him.”The judge also said that the dismissals, including of some claims against Marquette, were done “without prejudice” and he will allow the Perkins’ family lawyers to reargue the claims one more time.

Marquette’s criminal trial in the case is set for April.

Source: Yahoo News

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The Georgia Association of Licensed Repossessors (GALR) 2024 Conference exceeded the expectations of its organizers. “We registered 77 people as of last night,” commented GALR Treasurer Clayton Merritt on the first day of the event, held at the scenic Lanier Islands Resort in Buford, GA. Attendees came from across Georgia as well as from North Carolina, South Carolina, Tennessee, Florida, and Texas, more than doubling last year’s attendance.

Lanier Islands Resort, a 1,200- acre retreat, offers a variety of activities, including golf, water sports, and snow tubing. The Lodge Hotel, where attendees stayed, is an ornately decorated venue featuring a rustic cabin theme, complete with multiple restaurants, bars, and a poolside fire pit. But I digress…

Day 1 Highlights

Day 1 featured a half – day program, starting with GALR’s annual business meeting and elections. No changes were made to the board, as all current members were re-elected to their respective positions.

Following the meeting was a scheduled 2.5- hour locksmith training session led by Jessica Merritt of Artis Recovery. Jessica demonstrated the programming of two universal remotes for different makes and models of vehicles, offering insight into how today’s advanced equipment is used. After the demonstration, she spent over an hour answering attendees’ questions about equipment and how automotive locksmithing can be integrated into repossession services.

Day 2: A Full Schedule of Events

Day 2 was packed from 8 a.m. to 6 p.m. “We apologize, but the program kept expanding,” Clayton Merritt explained, referencing the growing interest and the volume of information GALR felt was essential to share with the industry.

If the goal was to deliver a wealth of valuable information, GALR certainly succeeded. Numerous topics were explored from multiple angles. Contracts, for instance, were examined from an insurance perspective by Jon Pollard and Renee Lowe of Harding and Brooks, a legal perspective during Mark Howk’s session on frivolous lawsuits, and in the Client Panel Discussion. Each session built upon the last, ensuring attendees gained a comprehensive understanding of the subject matter.​

While it’s difficult to cover every session in detail, GALR acknowledges the invaluable contributions of all participants. “We couldn’t have had a convention without their willingness to share their knowledge,” said GALR President John Newberry of Eagle Eye Recovery.

Here’s a quick look at some of the key sessions and presenters:

• Locksmith Demonstration – Jessica Merritt, Artis Recovery
• Contract Review – Jon Pollard and Renee Lowe, Harding and Brooks Insurance Agency
• Client Panel Discussion

Moderator: Wes Carico, Artis Recovery

Panelists: Bill Sheehan (COO, Trinity Financial Services), Jason Clark (Managing Partner, Resolution Management Group), Jeremy Turner (Director, Vendor Management, Location Services), Keith Daymond (Executive VP, Victory Recovery Services), Ryan Medina (VP Vendor Management, MVRecovery MVTRAC)

• GA Personal Property Law and Frivolous Lawsuits – Mike Howk, JD, Risk Manager, RSIG
• MBSI Software Update – Ray Peloso
• Preventing Breach of Peace – Mark Lacek, Repossession Litigation Consultant
• Improved Relations Between MVTrac & Vendor Network – Ryan Medina, James McGee, Josh Harley, and Johnnie Renfro of MVRecovery MVTRAC

Panel Discussion

“People are worried about getting ambushed,” Clayton Merritt shared when discussing the process of organizing the panel. To ease concerns and build credibility, the format, objectives, topics, and sample questions were sent to the panelists well in advance. This approach allowed for deeper exploration of complex issues, explained Moderator Wes Carico.

The discussion covered several pressing topics, including stagnant rates, contractual language, and agent safety. Each panelist shared insights into how their businesses viewed and addressed these challenges. A few key takeaways emerged:​

Wes highlighted the unique role forwarders play in the industry as both clients and competitors. He suggested that repossession companies should observe and emulate forwarders’ successful business practices.

Negotiation was another common theme. Both pricing and contract language, panelists emphasized, can and should be negotiated. “We ‘red-line’ every word of our contracts,” one panelist remarked, stressing the importance of scrutinizing terms. Another panelist reminded attendees of the need to review contracts annually, especially to request adjustments for inflation if such provisions aren’t already built in.

Safety was a major concern for all panelists, who recognized the role of forwarders in keeping dangerous or rogue companies out of the industry. The implication was clear: providing opportunities to these risky organizations not only threatens the industry’s reputation but also diverts funds from legitimate clients (lien holders) and supports potentially harmful activities. Though I’m no expert in liability, this seems to be an area where many in the industry need to tread carefully.

There was also a call for industry software providers to improve their tracking tools for identifying potential risks in high-risk accounts or addresses. “You are their revenue stream,” Wes explained, urging forwarders to push for better solutions. The panel also agreed to explore ways to support the Recovery Agents Benefit Fund (RABF) so Ed Marcum and his team can continue to assist families impacted by their loved ones work in the repossession industry.

Overall, the panel addressed sensitive topics, provided valuable insights, and fostered commitments around safety and industry support.

GALR wanted to extend its deep appreciation to the panelists for their participation and dedication. These five individuals are among the most successful leaders in the industry, and their willingness to share their viewpoints on key issues was a tremendous benefit to everyone in attendance.

Liability in the Industry

Liability was a central theme throughout the conference, with several presenters offering insights from their areas of expertise. Jon Pollard emphasized the importance of reviewing Garage Keepers policies, noting a disturbing trend where Direct Primary Garage Keepers policies exclude coverage for acts of God, such as rain, hail, or wind damage. This exclusion, he explained, negates the purpose of Direct Primary coverage and leaves insureds exposed.

Renee Lowe stressed the need for every repossession company to have a contract in place with its clients, even if it’s just a simple one-page agreement. She also highlighted the importance of ensuring that contracts with brokers or forwarders extend coverage to their clients as well. Both Renee and Jon encouraged attendees to reach out with questions and review contracts. “We can’t give legal advice,” Renee clarified, but she explained they would point out where contract language might negatively affect your coverage.

Mike Howk, RSIG’s Risk Manager and a national expert in repossession law, warned of a troubling new trend: “You cannot insure against a crime.” He explained that if you’re sued and the allegations are purely criminal, your insurance will not cover the case. However, if there’s at least one civil allegation, the insurance will help defend against all claims under a “commonality of defense” principle.

In a side conversation, Ed Marcum further explained that this trend is becoming more common in states where possession laws are being more clearly defined. “It eliminates the common civil allegation of breach of peace,” leaving lawsuits to focus on criminal sections of state code or parts of the FDCPA (Fair Debt Collection Practices Act) considered criminal. He cited a case in California where the insured will likely not be covered, as no civil allegations were made, and the way the law is written leaves no room for one to be added.

As more associations consider sponsoring or proposing legislative changes, this should serve as a cautionary tale: poorly considered legislation can have unintended consequences, so it’s crucial to involve all industry stakeholders in the conversation.

Repossession Litigation Consultant Mark Lacek delivered dynamic content on the importance of policies, documentation, and employee training. He began by holding up a copy of Nostalgic Towing/Artis Recovery’s “No Follow, No Chase” policy recommending everyone adopt a similar policy.

He also urged attendees to consider how their company’s image could impact potential litigation, recalling a case where a defendant’s company was named “Rambo.” “Who do you think the jury is going to believe?” he asked.

Mark’s overarching message was clear: credibility and image stem from every aspect of a business, including its name, policies, procedures, equipment, attire, and documentation. These elements all contribute to how a company will be perceived in court, even though most cases never go before a jury.

Experts like Mark are often hired to assess a company’s professional and operational standards as they relate to any case. Throughout the conference, the recurring message was that failing to maintain professional standards increases the frequency of claims. Jon Pollard summed it up: “Frequency breeds severity.”

My takeaway – Illegal, improper, or improperly motivated actions lead to claims, poor image and documentation lead to larger payouts directly from your profits!

Fundraising and Fun

GALR also welcomed four new members during the event. The day ended with a lively fundraising e ort that began with a raffle and auction. The real excitement, however, came when an anonymous donor pledged $600 if Ed Marcum, CEO of RABF, would jump into the pool. Ed enthusiastically accepted, declaring, “Anything for the cause.”

This sparked a series of challenges, with several professionals in business attire attracting everyone’s attention by diving into the pool. Credit Acceptance Corp’s Tiny Sebastian and MVRecovery MVTRAC’s Johnnie Renfro wrapped up the plunge, raising an impressive $3,000 combined. The event raised over $11,000 for GALR and the Recovery Agents Benefit Fund (RABF), although the exact allocation was not known at the time of this release.

Networking and Industry Connections

As with any great conference, some of the most valuable exchanges took place during breaks, meals, and evening gatherings. GALR provided an ideal platform for vendors to meet new clients. Clayton Merritt worked closely with client representatives to address coverage gaps, while many new business relationships were formed through casual introductions. This reflects the growing credibility and influence of GALR, especially considering this was only its second annual conference.

While it’s uncertain whether GALR will o er deeper dives into any of the sessions, you can stay updated by following their Facebook page (search for “Georgia Association of Licensed Repossessors”) or visiting their website at https://galr.org .

In Closing

GALR extends its heartfelt thanks to all the participants and speakers for making the 2024 conference a memorable and successful event. A special thank you to the staff at Lanier Islands for providing excellent facilities and support.​

Thank you to all the sponsors:

Gold – DRN, MVTRAC, Trinity, Harding Brooks, MBSi Corp, RDN

Silver – Loss Prevention Services

Bronze – Resolvion

Kudos to the entire GALR team for their hard work and dedication in organizing this event. Having attended numerous industry events over my 17- year career, this one struck the perfect balance of education, camaraderie, and business. Well done, GALR!

Wes Carico

Nostalgic Towing

Artis Recovery

​GALR 2024 Conference Wraps Up with Record Attendance – ​GALR 2024 Conference Wraps Up with Record Attendance – ​GALR 2024 Conference Wraps Up with Record Attendance – GALR 2024 Conference Wraps Up with Record Attendance – GALR 2024 Conference Wraps Up with Record Attendance – GALR 2024 Conference Wraps Up with Record Attendance – GALR 2024 Conference Wraps Up with Record Attendance – GALR 2024 Conference Wraps Up with Record Attendance

​GALR 2024 Conference Wraps Up with Record Attendance – State Repossession Associations –  RABF – Recovery Agents Benefit Fund – Repossess – Repossession – Repossession Agency – Repossessor

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PLANO, TX – HNS Recovery, a leader in the repossession industry, is issuing a rallying cry to all repossession agencies nationwide to unite against the rising tide of costly and unjust litigation stemming from wrongful repossession suits. As it stands, repossession agencies are being dragged into court and forced to spend millions of dollars on legal fees, simply for executing repossession orders issued by clients. These orders, often riddled with errors or issued without proper verification, are placing the very survival of repossession agencies at risk.

This crisis is not of our making. Repossession agencies operate on the orders provided by clients, who bear the sole responsibility of ensuring the validity of these orders. Yet, when a repossession is challenged as wrongful, it is not the negligent client who shoulders the burden—it is the repossession agency, the very party that has acted in good faith and in full compliance with the law.

“This is an outrage,” said Mike Aghyarian, CEO of HNS Recovery. “Repossession agencies are not in the business of adjudicating the validity of repossession orders and there are currently no avenues for verifying the debt. The same goes for the verification of active-duty service members who are on deployment. These are orders that we should not receive. We are service providers who act on the instructions given to us. And yet, we are being forced to pay the price for the negligence of others. This cannot continue.”

The financial toll is staggering. Millions of dollars are being siphoned from our industry, not because of any wrongdoing on our part, but because the current legal framework unfairly targets those who are easiest to blame—the repossession agencies. As a direct consequence of these frivolous lawsuits, insurance costs have skyrocketed, further squeezing our industry and threatening the viability of our businesses. This must stop. The legal system must recognize that repossession agencies cannot and should not be held liable for wrongful repossessions that occur because of invalid orders issued by clients.

HNS Recovery is demanding immediate and decisive action. We need to unite, now more than ever, to demand legislative change that will put an end to this insanity. The law must be amended to explicitly protect repossession agencies from being held liable for wrongful repossessions caused by invalid orders. The negligence of clients cannot be allowed to continue to destroy our businesses.

As a first step toward achieving this crucial change, Mike Aghyarian, a key figure in the repossession industry, is already working to secure a meeting with Texas Governor Greg Abbott. This meeting will focus on taking a hard look at current state legislation and laying the groundwork for a path forward to federal legislation that will protect repossession agencies across the nation. The time for action is now, and we need strong leadership and swift legislative changes to protect our industry.

“We must stand together,” continued Mike Aghyarian. “If we do not act now, we risk the future of our businesses and our industry. It’s time to demand the protection and fairness we deserve.”

HNS Recovery urges all repossession agencies to contact their local representatives, join industry coalitions, and make their voices heard. Together, we can push for the necessary legislative changes that will safeguard our industry from the negligent practices of clients.

About HNS Recovery

HNS Recovery is a leading repossession agency committed to providing professional, empathetic and compliant repossession services. With years of experience in the industry, HNS Recovery prides itself on its integrity, efficiency, and dedication to upholding the highest standards of service.

Source: PR Newswire

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Alliance of Illinois Repossessors (AIR) Considers Class Action Lawsuits Against Unlicensed Repossession Agencies and Their Clients

CHICAGO, IL – July 16, 2024  – The Alliance of Illinois Repossessors (AIR), a leading organization representing the interests and standards of licensed repossession agencies in Illinois, is announcing its intention to pursue class action lawsuits against unlicensed repossession agencies operating within the state as well as the clients that employ their services. This decisive action comes in response to licensed agencies experiencing significant revenue losses, a deterioration of trust in the industry, increased insurance costs, and the negative impact on businesses that adhere to professional standards and regulatory compliance.

Unlicensed repossession agencies operating without proper credentials and oversight undermine the integrity of the repossession industry. These entities not only erode consumer and client trust but also create unfair competition for licensed, law-abiding agencies. By circumventing state regulations, unlicensed operators engage in practices that jeopardize the safety and security of consumers, licensed repossessors and financial institutions.

AIR has documented substantial financial damages directly attributable to the operations of these unlicensed agencies. Licensed members have faced increased insurance costs, loss of revenue, and reputational damage as a result of these unregulated activities. The unfair practices of unlicensed agencies have also tarnished the perception of the industry as a whole, making it more challenging for legitimate businesses to thrive.

Sonny Datoli, the president of AIR stated, “The proliferation of unlicensed repossession agencies in Illinois has reached a critical point. These rogue operators not only violate state laws but also create a hostile environment for reputable businesses that follow the rules. AIR is committed to protecting the interests of our members and upholding the standards of our industry. By considering class action lawsuits, we aim to hold these unlicensed agencies and their clients accountable for their detrimental impact.”

The proposed class action lawsuits will target both the unlicensed repossession agencies and the clients who knowingly or unknowingly engage their services. AIR believes that this legal action will serve as a strong deterrent against non-compliant practices and reinforce the importance of licensing and regulatory adherence.

AIR urges all stakeholders, including financial institutions, auto dealerships, and lending organizations, to verify the licensing status of repossession agencies before engaging their services. By doing so, they can ensure that they are working with legitimate, professional agencies that prioritize compliance and ethical conduct.

The Alliance of Illinois Repossessors remains steadfast in its mission to advocate for the rights and interests of licensed repossession agencies, promote industry standards, and foster a fair and transparent market environment.

For more information, please contact: Alliance of Illinois Repossessors info@air-repo.com  air-repo.com  

About the Alliance of Illinois Repossessors (AIR): The Alliance of Illinois Repossessors (AIR) is a professional organization dedicated to representing and supporting licensed repossession agencies in Illinois. AIR advocates for industry standards, regulatory compliance, and the professional development of its members to ensure the highest level of service and integrity in the repossession industry.

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ARA Members, partners and colleagues, 

By a 6-3 majority, the Chevron Doctrine (named after the 1984 opinion of the Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc., 467 U.S. 837) has been overturned. 
 
The Supreme Court’s opinion was issued on Friday, June 28 in Loper Bright Enterprises et al v. Raimondo, Secretary of Commerce, et al, now referred to in discussions as Loper Bright.
 
Put simply, under the Chevron Doctrine, courts had to apply a two part test in assessing the actions of federal agencies. If the statute adopted by Congress was clear on the issue before the court, the court had to follow congressional intent. However, if the statute was ambiguous on, or simply did not address, the issue before the court, the court had to defer to the agency’s interpretation as long as it was reasonable, even though the court would have reached a different interpretation.
 
With the overruling of the Chevron Doctrine, going forward, generally courts should no longer give mandatory deference to a regulation (either an existing regulation or one promulgated in the future) by a federal agency empowered by Congress to issue regulations under a federal statute.

The opinion is based entirely on Section 7 of the Administrative Procedure Act (the “APA”). Section 7 specifies that courts, not agencies, will decide “all relevant questions of law” arising on review of an agency regulation.
 
Clearly, the opinion will jeopardize the ability of agencies to promulgate regulations that will likely be upheld by the courts. It is more likely that, going forward, regulations will be challenged either directly in an action against the agency under the APA, or collaterally in a private lawsuit against a defendant whose defense is that it relied on and complied with an agency regulation. 
 
While the demise of Chevron is important for all federal agency actions, the CFPB may face more consequences than many other agencies, given its aggressiveness in interpreting federal statutes and pushing the envelope with respect to its own authority. 
 
It is important to note that Loper Bright does not invalidate previous rulings. The opinion will apply to all non-final cases in which the legality of agency regulations are being challenged and to all lawsuits initiated in the future against any regulations whose legality is in question.
 
This decision does introduce concerns in the industry and we know industries need certainty to conduct business. It also opens the door for an avalanche of lawsuits challenging regulations directly or in private lawsuits.

Sincerely,
The ARA Board 

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Widow of murdered repo man Jayson Click dismisses wrongful death lawsuit

MADISON COUNTY, Ala. (WHNT) — A wrongful death lawsuit filed against the man accused of killing Jayson Click on December 13^th of 2023 has been dismissed. Their inability to serve process on the accused killers who has allegedly having jumped bail and living out of state appears to be the probable cause.

On July 3rd, Ann Click filed to voluntarily dismiss the wrongful death lawsuit against Warren Siao for the shooting death of her husband, Jayson Click, without prejudice. The suit was initially filed on February 26.

In the motion to dismiss, Click’s attorneys state they have been unable to serve Siao with the complaint and summons.  The wrongful death lawsuit filed against 47-year-old Siao stated that in December 2023, Click was lawfully performing a vehicle repossession at Siao’s home when he was shot and killed.

The court documents state, “[Siao] negligently, recklessly, and/or wantonly shot an automatic firearm in the general direction of Jayson Click. As a direct and proximate result of Warren Siao’s negligent, reckless, and/or wanton conduct of firing his weapon in Jayson Click’s direction, Jayson Click was struck by the gunfire and died.”

The night of the shooting, Siao, his wife and the tow truck driver were taken to Huntsville Police Department’s Criminal Investigations Division for questioning. Siao’s wife told investigators they were behind on the car payments.

The investigator said the tow truck driver told him that he and his partner, Click, spotted the car in an open garage at Siao’s house. After no one answered the door, they backed their truck up to the car and pulled it out of the garage to be towed away.

The investigator said that Siao admitted he fired 5-6 shots with a rifle, but he said he thought the men with his car were robbers.

Siao is currently out of jail on bond following his preliminary hearing. Ann Click filed to dismiss the lawsuit on the basis that she could re-file the cause of action whenever he is found.

Source: WHNT.com

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$60,000 Bond

Madison County, AL – July 9, 2024 – 47-year-old Warren Siao was arrested for the murder of 38-year-old repossession agency owner, Jayson Click on December 13^th of 2023. Click was granted bail and posted a $60K bond. As a condition of the bond, under Alabama law, someone who is out on bond cannot leave the state without notifying the court. Siao has been reported to have been located in Nevada.

The bondsman for a man accused of shooting and killing a tow truck driver says the accused shooter is not in the state.

Warren Siao is accused of shooting and killing 38-year-old Jayson Click during a repossession on December 13, 2023. He was arrested and charged with murder.

Currently Siao is out on a $60,000 bond and his bondsman says he is in Nevada.

“If we do catch them out of state and we have not been notified, then we will revoke their bond,” Angelo Contino with Betta Bonds said.

Under Alabama law, someone who is out on bond can not leave the state without notifying the court. However, the owner of Betta Bonds says Siao told him exactly where he was headed.

“We have to feel completely comfortable with it. Because you do have some individuals that will come up with an excuse,” Contino said. “This specific individual, no, I don’t feel like he’s a flight risk or anything like that.”

Prosecutors in the Madison County District Attorney’s Office say Siao never received permission to leave Alabama and is in violation of his bond terms.

Attorney Mark McDaniel who is not affiliated with this case offered his view.

“If a defendant bonds out of jail, there is a statement in there that says what he can and cannot do and one of those things is that he can’t leave the state,” McDaniel said.

At this time a trial date has not been set for Siao.

Source: WAFF

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Huge Supreme Court Ruling – Hope You Saw It

GUEST EDITORIAL

No, I’m not talking about the rulings on Trump or Fischer. While those are significant for our country, I’m referring to something that could be even more impactful, especially for small businesses and our industry.

I’m talking about Loper Bright Enterprises v. Raimondo and its potential implications. I mentioned to colleagues a few months back that this case could be a big deal for us when it was being argued.

Even though this case has nothing to do with repossession, as an industry stakeholder I got pretty excited when it was released.

I hope this sparks some conversations within our Associations so we can get expert opinions on what it all means. I’ll take a shot at explaining it from a layperson’s perspective to get the ball rolling.

The Supreme Court just scaled back much of the enforcement power of agencies like the CFPB by overturning the Chevron doctrine. Chevron essentially told courts to defer to an agency’s “expertise, opinion, and interpretation” when laws were ambiguous.

As long as an agency could tie a “Rule” to a vague statute, they could enforce it as if it were law. Courts only needed to find the agency’s argument “reasonable” if challenged, thanks to the deference Chevron granted.

Here’s how it worked in simpler terms:

An agency is created to enforce consumer protection laws. They study potential issues and make rulings to clarify or solidify the code. These rules are then used for enforcement actions against violators.

Some argued Chevron gave the Executive Branch too much power by forcing the Judicial Branch to defer to the Executive’s interpretation. This limited the courts’ ability to hold agencies accountable.

The Supreme Court overturned Chevron to restore balance between the Judicial and Executive Branches.

Now, agencies without clear statutory backing will face tougher challenges in court. The judiciary will rely more on Congress’s explicit will as expressed in legislation. When laws aren’t clear, courts are more likely to scrutinize agency actions to prevent potential overreach.

Let’s consider an example: property fees.

Many states (and possibly federal law) don’t clearly address how to handle a consumer’s property in a repossessed vehicle.

Under Chevron: If the CFPB created a rule saying it’s unfair to hold property for payment, lenders would comply to avoid fines. Challenging this in court was tough because judges had to defer to the CFPB.

Post-Chevron: If fined, lenders can still challenge in court, but now judges will focus more on the actual law and arguments related to the Skidmore doctrine (which isn’t as strong as Chevron).

This doesn’t mean agencies, or their rules disappear, but it does make challenging those hefty fines more appealing. Once courts rule, it sets precedent for future cases. Agencies might be more cautious, seek clearer laws, or reduce penalties to avoid costly and/or losing legal battles.

The implications are huge for our industry and country.

To keep the momentum in our favor, we need to:

1. Vote – The people you elect lead the Executive and Legislative Branches.
2. Lobby – Our DC lobbyists are more crucial than ever as legislators need to hear from us, not just the alphabet agencies.

As lower courts start applying the new precedent from the Supreme Court the overall implications will become clearer, but we should see some changes in how the CFPB operates as well as how industry stake holders react to their rulings.

In closing, these are just my thoughts as a non-lawyer. I’ve tried to fact-check my understanding, but my main goal is to spark conversation among our industry leaders.

Stay safe, and all the best!

Wes Carico

Artis Recovery

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The post Court Ruling Takes the Teeth out of the CFPB? first appeared on CURepossession.

Perhaps inspired by the passage of Decatur, Alabama’s tough new repossession ordinance, the city of Fulton, Georgia has enacted one their own. While not as detailed or threatening jail time, it appears as though the city has had it with repossession agents not providing notification of repossession.

 SOUTH FULTON, GA, UNITED STATES, June 6, 2024 /EINPresswire.com/ — To ensure compliance with repossession notification procedures, the City of South Fulton has enacted a new ordinance imposing civil fines on repossession agents who fail to adhere to the mandated notification protocols. The ordinance aims to enhance accountability and provide clear penalties for non-compliance, thus safeguarding the rights of citizens during repossession activities.

Under the new ordinance, repossession agents must follow the notification procedures outlined in Section 8-1020 of the City Code. Failure to do so will result in a structured penalty system designed to increase the financial consequences for repeated violations incrementally. The penalty structure is as follows:

• For the first failure to notify, there will be no fine imposed.
• A second failure to notify will incur a fine of $100.00.
• A third failure to notify will result in a fine of $150.00.
• A fourth failure to notify will lead to a fine of $200.00.
• A fifth failure to notify will attract a fine of $250.00.
• Fines will range between $500.00 and $1,000.00 for the sixth or any subsequent failures to notify.

This progressive penalty system is designed to provide a strong deterrent against non-compliance while allowing for the resolution of initial minor infractions without immediate severe penalties.

“This new ordinance is a proactive step to protect citizens’ rights during repossession activities,” said Councilwoman Williams Brown. “By imposing penalties for non-compliance, we’re sending a clear message: adherence to notification protocols is not optional. This ensures transparency and fairness, benefiting citizens and repossession agents alike.”

Furthermore, the ordinance includes provisions to ensure its validity and enforceability. It states that all sections, paragraphs, sentences, clauses, and phrases are believed to be valid, enforceable, and constitutional. If any part of the ordinance is declared invalid or unenforceable

by a court, the remaining provisions will continue to be effective to the greatest extent allowed by law.

###

About the City of South Fulton

With a population of nearly 108,000 residents, South Fulton stands as Georgia’s fifth-largest city. Encompassing over 90 square miles, its diverse terrain blends urban and rural landscapes, boasting the largest expanse of undeveloped land on the southern side of metro Atlanta. Established on May 1, 2017, South Fulton is one of Georgia’s newest and most rapidly expanding cities, emerging as a vibrant destination. Explore more about our dynamic community on our website or connect with us through social media at cityofsouthfultonga.gov.

Natasha WILLIAMS

City of South Fulton

+1 4708274404

Source: WRBL.com

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“In addition thereto, any person so convicted may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months.”

Decatur, AL – May 6, 2024 – It’s now been over seven months since the September 2023 killing of borrower Stephen Perkins during a PenFed Credit Union repossession. The city of Decatur, Alabama had been looking for ways to stop an incident like this from ever happening again and they’ve finally enacted it into a city ordinance. The end results is a series of requirements and limits placed on repossessors that if violated can lead to jail time.

The initial fallout had initially looked to create an ordinance to limit or prohibit repossessions after dark as well as a slew of additional limitations. What they have boiled it down to can be summarized in a few bullet points of the ordinance that takes effect June 1st;

• Pre Repossession Notification Required – Every Repossessor shall notify the Decatur Police Department front desk at least thirty (30) minutes prior to attempting to repossess a motor vehicle.
• Post Repossession Attempt Notification Required – The Repossessor shall notify the police department front desk within one hour of the repossession attempt being completed of whether the repossession action was successful or not. Information provided will include details on location of recovery
• Compliance with State Law. Every Repossessor must carry out the repossession process in compliance with State Law including but not limited to Section 7-9A-609 of the Code of Alabama 1975, as last amended. Repossessor must cease and abandon any attempted repossession at once for whatever reason a breach of the peace occurs.
• Breach of the Peace. Whether a breach of the peace occurs is impacted and controlled by the facts and circumstances involved in the particular repossession attempt. Peacefully means proceeding “without risk of injury to the secured party, the debtor, or any innocent bystander.” “Actual confrontation or violence is not necessary to finding a breach of peace” but that determination is based on the overall actual facts and circumstances involved.”
• Business License. Every Repossessor shall have obtained the appropriate business license and credentials required by the City of Decatur prior to proceeding with any repossession attempt.
• Repossession Attempts Limited. Unless proceeding under documented judicial process, no Repossessor shall proceed with more than one repossession attempt of the same motor vehicle at the same location during any twenty-four (24) hour period of time.
• Suspension or Revocation of License. In the event of continued or recurrent violations by a Repossessor the business license of a Repossessor is subject to suspension or revocation by the city council after a public hearing.
• Penalties. Any person violating any of the provisions of this Section, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), or the maximum provided by law. In addition thereto, any person so convicted may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months, at the discretion of the municipal judge trying the case.

It’ll be interesting to see if any agents are ever actually taken to task for repeated violations, but this kind of knee jerk emotion seemed inevitable. Hopefully no agent finds themselves at risk of incarceration for violations, but time will tell.

Below is the text of the actual ordinance which I find annoying in the fact that they couldn’t even spell “repossessor” correctly and instead spell “repossesser.” Just me being picky I guess, butthis is a legal document for Pete’s sake.

ORDINANCE NO. 24-4580A

BE IT ORDAINED by the City Council of the City of Decatur, Alabama as follows:

Section 1. That Section 24.5-2 of the CODE OF DECATUR, ALABAMA is here by amended to add the definition of “Repossesser” which reads as follows:

“Repossesser shall mean any person whose purpose using a wrecker or other means is to repossess, take possession of, quarantine or disable any motor vehicle which includes an automobile, truck, or motorcycle, either for themselves or as agents for another person or entity and purporting to have the right to repossess, take possession of, quarantine or disable such vehicle pursuant to a financing agreement, security agreement or other legal right.”

Section 2. That the Code of Decatur, Alabama is hereby amended to add a section to be numbered 24.5-28, which section reads as follows:

“Section 24.5-28 Notification of Repossession

Notification Required.

(a) Every Repossesser shall notify the Decatur Police Department front desk at least thirty (30) minutes prior to attempting to repossess a motor vehicle which includes an automobile, truck or motorcycle of their intent to repossess a specific motor vehicle providing the authorization for such attempt, a description of the motor vehicle proposed to be repossessed or towed, including, but not limited to, the year, make, model, style, vehicle identification number, tag number, and color (inside and outside). In addition the location where the repossession attempt is to occur, and the approximate time the proposed action attempt is to occur will be provided at the same time. No Repossesser shall take any action which deviates materially from the notice initially provided to the police department and shall not breach the peace in attempting or carrying out the repossession.

(b) The Repossesser shall notify the police department front desk within one hour of the repossession attempt being completed of whether the repossession action was successful or not.

(c) If the repossession action was successful the Repossesser shall also within one hour of the successful repossession provide the police department front desk with the following information:

(1) Name and address of the person in possession, or believed to be in possession, of the motor vehicle at the time that it was repossessed or towed;

(2) Location where the motor vehicle was found and the repossession or towing was  carried out, including street name and block number if different than previously provided;

(3) Time that the repossession or towing was carried out;

(4) Name of Repossesser who carried out the repossession or towing;

(5) Name of person or entity on whose behalf the repossession or towing was carried out, if different from the Repossesser;

(6) Corrected description of the motor vehicle repossessed or towed, if any portion of the description previously provided changed or was found to be inaccurate; and

(7) Location of the storage of motor vehicle, following repossession or towing.

(d)Compliance with State Law. Every Repossesser must carry out the repossession process in compliance with State Law including but not limited to Section 7-9A-609 of the Code of Alabama 1975, as last amended. Pursuant to State Law unless proceeding under documented judicial process the Repossesser must cease and abandon any attempted repossession at once for whatever reason a breach of the peace occurs.

Every Repossessor shall consider that the risk of a breach of peace potentially increases during early morning hours and should act accordingly for the safety of all involved in any repossession attempt during the early morning hours, especially in residential districts. Certainly for purposes of this Section the determination of breach of peace is modified by future judicial interpretation.

Breach of the Peace. Whether a breach of the peace occurs is impacted and controlled by the facts and circumstances involved in the particular repossession attempt. Peacefully means proceeding “without risk of injury to the secured party, the debtor, or any innocent bystander.” “The potential for breaches of the public peace and tranquility as a result of unauthorized intrusions on property escalates in direct proportion to the presence of fences, gates, signs, and other indicia of nonassent to entry.” The Alabama Supreme Court has further interpreted “breach of peace” to mean “any situation tending to disturb the public order,” which it characterizes as a disturbance of the public tranquility, by any act or conduct inciting to violence or tending  to provoke or excite others to break the peace, or, as is sometimes said, it includes any violation of any law enacted to preserve peace and good order.” “Actual confrontation or violence is not necessary to finding a breach of peace” but that determination is based on the overall actual facts and circumstances involved.”

(e)Business License. Every Repossesser shall have obtained the appropriate business license and credentials required by the City of Decatur prior to proceeding with any repossession attempt.

(f) Repossession Attempts Limited. Unless proceeding under documented judicial process, no Repossesser shall proceed with more than one repossession attempt of the same motor vehicle at the same location during any twenty-four (24) hour period of time.

(g) Suspension or Revocation of License. The continued or recurrent violation by a Repossesser of this Section, other city ordinances or State Laws is detrimental to the health, safety, comfort and convenience of the public. In addition to other remedies available to the city, the business license of a Repossesser after a public hearing is subject to suspension or revocation by the city council for continued or recurrent violation of this Section, other city ordinances or State Laws.

(h) Penalties.  Any person violating any of the provisions of this Section, or failing to  do any act required of such person by any provision of this Section, or doing any act declared by this Section to be unlawful, shall be guilty of a misdemeanor and upon  conviction shall, unless a different or specific penalty be provided for the specific violation in question, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), or the maximum provided by law. In addition thereto, any person so convicted may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months, at the discretion of the municipal judge trying the case. The municipal judge should consider any previous violations in determining any penalties adjudicated.“

Section 3. This Ordinance shall take effect June 1, 2024.

ADOPTED this _________day of ____________, 2024. APPROVED this _______day of ____________ 2024

Source: RocketCityNow.com

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GUEST EDITORIAL

When considering solutions to industry-related challenges, we must first ask the right questions. Recently during an ARA zoom discussion (Feb 2024) I was referred to as “old school” by a very well-respected recovery agency owner. Of course, I had an idea of what it meant, but I wanted to know for sure, in these “trending” times what it meant to be called “old school,” so I looked it up.

A google search of the phrase old school shows “Old school means something close to old-fashioned, but it is a term with more pride behind it.”  If someone says, “you’re old school,” they’re saying you do it like it used to be done, which you believe was a better way.”

I agree with the Googles definition of “old school.” I will accept being called “old school” because how we managed our businesses in the past was a better way. It was better because we did not let the client dictate our company policies. We created and managed our company procedures and yes, we set our fees. If the client did not agree to our fees, the client simply called the other guy. (emphasis on simply).

The subject of the ARA Zoom was about the cost of verifying and/or accessing real time license plate information on repossession assignments. The primary talking point during the ARA zoom was the fact that repossession agencies are paying thousands of dollars per month to data brokers or State DMV’s for up-to-date license plate information, and how those cost could be converted to safety policies and procedures.

What lead to me being referred to as “old school” was when I asked the question, “try this simple solution, why don’t you just tell the client or forwarder that you will not accept the assignment if the up-to-date tag info is not included with the repossession assignment?”  This forces the client to absorb the charges affiliated with obtaining real time license plate information. It is a simple solution.

At the top of this page, I write, “we must first ask the right question” I thought, and I absolutely believe, during the ARA Zoom, I had asked the right question, and the second part of my question was my comment was, “I can’t believe the recovery agent owner does not have the guts to manage their own company policy on repossession fees.”

My comment was meant to be a slight nudge on the shoulder of the agency owner, to stop the clients and forwarders from setting the repossession fee and fees charged for ancillary services. If I hurt your feelings by saying this, toughen up cupcake. You are in the repossession business; you are not a Starbucks employee.

My old school solution is not so old school at all, and the reader should not take offense when I refer to the solution as “simple,” but as much as I do not want to quote that guy from California, in his words, “Its true…because it’s true.”

Clients and repossession assignment forwarders will never take on any additional cost until their repossession vendor challenges them. The challenge will be to deny the repossession assignment until real time license plate information is included with the recovery assignment. With this said, emphasis must be placed on the term real-time license plate data. Old license plate information, even information that is just a week old creates challenges. There are many examples of a lienholder losing his rights to a vehicle because the mechanical or storage liens is voided or transferred.

One must consider how many wrongful repossession lawsuits have been filed in the last few years because of liens becoming invalid and the lienholder failed to take notice of a certified mail notification.

Clients who provide your company with up to date, quality information are valued clients. Clients who do not are a waste of valuable time and resources. Allowing a bad client to go elsewhere for their recovery needs may be the best decision you could make. Why not let the client waste the time of your competitor?

ARA President Vaughn Clemons said it best, “sometimes less is more.” I agree.

When recovery agency owners stop letting clients and forwarders manage their businesses, then repossessing collateral will again become a profitable business, as it was “back in the day.”

Mark Lacek, an old school guy.

https://marklacekexpertwitness.com/

https://www.linkedin.com/in/mark-lacek-222905b

“Protecting the American Consumer With Professional Service”
Commercial Asset Solutions
Ph. 407-948-7087

https://www.CommercialAssetSolutions.com

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Huntsville, AL – February 27, 2024 – Back on December 13^th of 2023, the Alabama repossession and tow community were rocked by the senseless murder of 38-year-old repossession agency owner Jayson Click. While his accused killer is still pending trial, his widow is taking matters in her own hands.

According to court documents obtained by WAFF news, Jayson’s widow, Ann Click, is suing accused murderer, 47-year-old Warren Siao. The lawsuit claims that Siao was negligent and reckless when firing a weapon at Click as he was in the process of a lawful repossession at his home.

As previously reported, in a preliminary hearing before a Madison County judge on January 3^rd, responding detective Joshua Moseley reported that Siao told him that he was in bed when he heard his dogs barking at a commotion outside. Upon getting up to investigate, Siao claimed that he saw what he thought were two people trying to steal his car.

The two people turned out to be Jayson Click and a fellow repossessor who were attempting to repossess Siao’s car. Mosley testified that Siao admitted in his interview with him that he had a three-month gap in employment and was behind on car payments.

Detective Mosely further testified that both Click and the other man had attempted to knock on Siao’s door twice before their attempt to tow Siao’s car. However, according to their interview with investigators, neither Siao or his wife claimed to have heard them.

Mosely testified that Siao admitted to firing five to six rounds when he saw the two men taking his car but claimed that he only intended to scare them.

38-year-old Jayson Click, owner of B&S Collateral Recovery, was struck by one or more of these rounds and died on the scene.

It was testified that Siao admitted to calling 911. But not because he shot at the men, but for “backup”.

Upon the conclusion of Detective Mosely’s testimony, Judge Rizzardi ruled there was sufficient evidence for Siao’s case to go before a grand jury.

Siao remains out of jail on a mere $60,000 bond.

Source: WAFF

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