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Preferred Capital '05 Federal Court Dismissals in OH
Master lease agreements were executed by Norvergence and Preferred
before the small businesses signed the ERA w/Norvergence. Thus,
NV and Preferred were aware that any dispute would be litigated
in OH, but neither party ever told the small business who was
only aware of the vague forum selection clause. The courts determined
that this amounted to fraud as to the forum selection clause itself
and dismissed the cases.
Read the documents:
1. Preferred
vs Sarasota
2. Preferred
vs Aegis Insurance
Posted:
02-17-2006
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News From TX Attorney, Scott Mackenzie :
Studebaker LC lost at the appeals court! Mackenzie reports,
"They tried to appeal their denial of their motion to dismiss. We beat them at the appeals court also!"
Read
Document
Posted: 11-28-2005
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Documents Prove Courts Declaring
Norvergence Leases Fraudulent and VOID!
1. Studebaker
Order.pdf
2. Ayers
Order - Eastern District.pdf
3. CCL-MSJ.pdf
4. Chris
Sharky - Order Denying MTD.pdf
5. Norvergence_Judgment.pdf
6. Order
Denying Pop Mandamus.pdf
7. Paul
Cross - IFC.pdf
8. Sterling
Bank.pdf
Posted: 11-17-2005
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FTC ANNOUNCEMENT:
FTC Enforcement is now actively going after IFC !
Read More...IFC CID Enforcement Filing.pdf
Posted: 11-16-2005
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IL courts dismiss IFC suits v. NorVergence
customers on jurisdiction and res judicata grounds
The Hon. James Ryan of the Circuit Court of Cook County, IL, 3rd
Municipal District, has just issued his third decision and order
dismissing suits by IFC Credit Corp. against consumers who had
NorVergence Rental Agreements ("NRA") assigned to IFC. Judge Ryan
held that the forum selection clause in the NRAs was "unenforceable
because it offends the public policy of fundamental fairness"
and, therefore, the Illinois courts have no personal jurisdiction
over the out-of-state defendants. A copy of the Streng opinion
and order is attached. Judge Ryan gave particular note to the
significance of the Master Program Agreement between NorVergence
and IFC that pre-dated any signing of the NRAs by consumers. This
decision follows, and expands the reasoning of, prior decisions
of the same court involving 14 separate cases brought by IFC.
In addition, Judge Mary K. Rochford of the 2nd Municipal District
dismissed an IFC suit against Magnetic Technologies on the merits,
based on res judicata grounds. As yet there is only a handwritten
order.
The FTC takes no position on these decisions. The undersigned
staff attorney, speaking only for himself, does note that the
FTC has long held that filing distant forum lawsuits against individual
and small business consumers are unfair practices that violate
the FTC Act, regardless of whether any particular state may uphold
its courts' jurisdiction against distant consumers based on a
forum selection or waiver clause in the contract.
Magnetic
Tech Dismissal Order
IFC
Memorandum Opinion and Order
Posted:
11-04-2005
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The Hon. Blanche Manning, US District Judge
in the Northern District of Illinois, has dismissed an IFC lawsuit
against Warner Robbins Supply on jurisdictional grounds. Judge
Manning considered conflicting lower court decisions and held,
on motion to reconsider, that the NorVergence forum selection
was not enforceable and there was no other basis to exercise jurisdiction
in IL.
The case was handled by IL attorney Michael Fleck.
Minute
Order Dismissing Case
Memorandum
Opinion and Order
Posted:
11-04-2005
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NorVergence - Motion for Class Certification September
14th, 2005
Today, September 14, 2005, Plaintiffs’ Motion for Reconsideration of their
Motion for Class Certification as to a New Jersey class was heard in New
Jersey Superior Court in Monmouth County, New Jersey.
The Honorable Robert A. Coogan, J.S.C. granted Plaintiffs’ Motion for
Reconsideration and certified a New Jersey class.
Other class actions are still pending in Texas, California, Illinois and
New York.
Read Press
Release
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New
FTC Summary Judgement
IFC Credit in bankruptcy court
Linked
PDF is the memo in support of a summary judgment
motion filed today in an adversary representing a small group of plaintiffs
(lead is Diversified Aerospace) with support by amicus from the NJ AG.
This memorandum argues:
(1) the close relationship between IFC and NV show this was not a
typical lending situation;
(2) violation of federal law based on the FTC default judgment, and supporting
cases
(3) violation of NJ Consumer Fraud Act as well as NJ law regarding forum
selection. The NV trustee is also a defendant
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Protest in Front of
NJ Court House,
Thursday, June 16th 2005
Monmouth County, New Jersey
Superior Court
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Miami ELA Protest,
May 16th 2005
Held in front of the Equipment Leasing Association National Meeting
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The First Ever
Protest Against the Leasing Industry is in Miami... Read details
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Brad
Nimmo, Norvergence victim and President and CEO of Habitat
for Humanity of Marion County, Florida, is hopping mad at the burden
Preferred Capital Leasing has placed
upon the good works of his not-for-profit. Brad was disappointed not be
able to protest in Miami, May 16th, so he sent a
statement that can be read.
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Restitution and Prosecution
Now
Petition and Boycott Letter against leasing companies has been sent to
SEC Enforcement. LRA seeks criminal investigations and charges against
leasing companies those who participated in the Norvergence Scam.
Most Recent Count: 612
You can do it Now:
click here
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Am I Banned Again?
Rhonda Roland Shearer is still waiting to see if editors at The Daily Monitor
will print the article that they had invited her to write.
See report:
"NORVERGENCE AND ITS LENDING PARTNER, THE LEASING INDUSTRY: The suspect
practice of lease flipping goes belly-up." |
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