So over Exeter. Mitchell v. Experian Information Solutions, Inc. Denos v. First Northern Credit Union et al, Henderson v. Equifax Information Services, LLC et al. Thank you for your website feedback! Take a ride with us. This company suck. Financing is illegal if lenders do not have a basis for believing that customers will be able to repay loans as scheduled, the Massachusetts attorney general office said in a statement. 3:2014cv04007 - Document 39 (N.D. Tex. (arut) (Entered: 10/07/2021), U.S. District Courts | Finance | Fair Debt Collection Practices Act (FDCPA) - 15 USC 1692, (#26) ANSWER to Complaint and Affirmative and Other Defenses by Equifax Information Services, LLC(Stanzick, Jasmine) (Entered: 08/30/2021), (#8) MOTION by Defendant Experian Information Solutions, Inc. for extension of time to file answer (Unopposed) (Salvi, Mackenzie) (Entered: 07/14/2021), (#7) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Experian Information Solutions, Inc. (Salvi, Mackenzie) (Entered: 07/14/2021), (#6) ATTORNEY Appearance for Defendant Experian Information Solutions, Inc. by Mackenzie Renee Salvi (Salvi, Mackenzie) (Entered: 07/14/2021), (#5) SUMMONS Returned Executed by Dennis J. Henderson as to Exeter Finance, LLC on 6/28/2021, answer due 7/19/2021. Both attorneys general offices also said the settlement is part of the offices' ongoing review of securitization practices in subprime auto lending industrywide. New Jerseys attorney general also sent its own subpoena to Credit Acceptance on Aug. 11, according to the company. Our office will continue to investigate the subprime lenders, financiers, and securitizers, and protect consumers.. Interest rates too high, terrible customer service, they are not there to help you, basically mess your credit up, dont give a rats a$$ about situations and arent reliable. The settlement follows several earlier accords that Healey struck in her subprime auto lending inquiry, including a $5.5 million accord in 2019 with Exeter Finance over alleged unfair loans and a . Frank Mello said he bought a car with a Credit Assistance loan in 2018 to get to his job an hour from where he was living. Because the notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment, the case against Defendant Exeter Finance, LLC is dismissed without prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. ## 38, 47). Participants are directed to keep their device muted when they are not speaking. Our customers can access account information 24/7 via their MyAccount page or by calling customer service at (800) 321-9637, Mon.-Fri. from 8 a.m.-7 p.m. or Sat. Massachusetts had settled with the lender in 2015. (Plati, Michael) (Entered: 07/08/2021), Docket(#4) SUMMONS Returned Executed by Dennis J. Henderson as to Experian Information Solutions, Inc. on 6/28/2021, answer due 7/19/2021. 20-10377 (5th Cir. Case assignment: Random assignment. Consumers eligible for payments from todays settlement will be contacted by an independent trustee and the AGs Office. ATKINSON v. CREDIT ACCEPTANCE CORPORATION et al. 2:23-CV-00293 | 2023-02-24, U.S. District Courts | Finance | dealers enjoy personalized service from dedicated buyers and funders who help them find the right financing See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2:23-CV-00294 | 2023-02-24, U.S. District Courts | Property | Have an opinion about this story? Javascript must be enabled for the correct page display. The complaint, filed in Suffolk Superior Court, alleges that since 2013, Credit Acceptance failed to inform investors that the company topped off the pools of loans that they packaged and securitized with higher-risk loans, despite claiming otherwise in disclosures to investors. Exeter Finance, LLC is the company's address. Credit Acceptances legal team is facing a host of challenges from state attorneys general nowadays. Our Standards: The Thomson Reuters Trust Principles. The stipulation is signed by both Plaintiff and Experian. Mailed notice (ef, ) (Entered: 09/03/2021), Docket(#28) NOTICE of Voluntary Dismissal by Dennis J. Henderson as to Defendant Exeter Finance, LLC (Plati, Michael) (Entered: 08/31/2021), Docket(#27) MOTION by Defendant Exeter Finance, LLC for extension of time to file answer regarding complaint #1 (UNOPPOSED) (Ritchie, Alan) (Entered: 08/30/2021), Docket(#26) ANSWER to Complaint and Affirmative and Other Defenses by Equifax Information Services, LLC(Stanzick, Jasmine) (Entered: 08/30/2021), Docket(#8) MOTION by Defendant Experian Information Solutions, Inc. for extension of time to file answer (Unopposed) (Salvi, Mackenzie) (Entered: 07/14/2021), Docket(#7) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Experian Information Solutions, Inc. (Salvi, Mackenzie) (Entered: 07/14/2021), Docket(#6) ATTORNEY Appearance for Defendant Experian Information Solutions, Inc. by Mackenzie Renee Salvi (Salvi, Mackenzie) (Entered: 07/14/2021), Docket(#5) SUMMONS Returned Executed by Dennis J. Henderson as to Exeter Finance, LLC on 6/28/2021, answer due 7/19/2021. This companys loans put Massachusetts car buyers in economic danger, AG Healey said. . R. Civ. VS MVCONNECT, LLC, ET AL. This lawsuit is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. Exeter finance offers a fixed apr car loan product that ranges from 3% APR. As part of the agreements, Exeter will waive deficiencies on certain subprime loans in its portfolio and will request that the major credit bureaus "wipe all trade lines for involved subprime loans" on affected consumers' credit reports, according to the statements. Participants are directed to keep their device muted when they are not speaking. Contact the Attorney General's Office at (617) 727-2200, AG Healey Secures $5.5 Million for Consumers, State in Subprime Auto-loan Settlement. people, performance and service. In a separate settlement, the Delaware Department of Justice secured $2.9 million in consumer relief from Santander. Make a recording of their phone calls. See here for a complete list of exchanges and delays. The feedback will only be used for improving the website. Share sensitive information only on official, secure websites. More than 3,000 borrowers in Massachusetts could be eligible to receive money under a $27.2 million settlement Attorney General Maura Healey announced Wednesday with Credit Acceptance Corp to. On Wednesday, Credit. I don't really appreciate being charged more in interest than I am paying for the car. A lock icon ( Poly-Med, Inc. v. Novus Scientific Pte. I will be getting a legal attorney to file a lawsuit against them. Add an additional 3 days only if served by mail or otherwise allowed under Fed. There customer service, follow up and respect for the customers is all 5 star! (Ellis, Bernie) (Entered: 12/03/2021), (#10) Local Rule 26.01 Answers to Interrogatories by Exeter Finance LLC. Please limit your input to 500 characters. Car loans to consumers with poor credit, known as subprime auto loans, are often made through contracts signed at the car dealership, but the loans are funded by non-dealer financial institutions, like Exeter. Detroit, Michigan 2023 by Cherokee Media Group All rights reserved. Mailed notice(ef, ) (Entered: 10/19/2021), (#32) Notice of Settlement by Dennis J. Henderson as to Defendant Equifax Information Services, LLC (Plati, Michael) (Entered: 09/29/2021), (#31) MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a stipulation of dismissal #30 explaining that the case has been voluntarily dismissed as against Defendant Experian Information Solutions, Inc. only. Credit Acceptance to pay $27.2 million to resolve claims, Claims are it violated Mass. The case status is Pending - Other Pending. VS MVCONNECT, LLC, ET AL. Website: https://www.exeterfinance.com/ Avoid using your phone. This page is located more than 3 levels deep within a topic. The settlement follows several earlier accords that Healey struck in her subprime auto lending inquiry, including a $5.5 million accord in 2019 with Exeter Finance over alleged unfair loans and a $22 million deal with Santander in 2017. This matter involving Credit Acceptance is being handled by Healeys Insurance and Financial Services Division. The stipulation is signed by both Plaintiff and Experian. But Healey said to do so, the company made false and misleading statements about the quality of the loans included in the securities. Each party is to bear its own fees and costs. The office of Massachusetts Attorney General Maura Healey said Monday that Exeter facilitated auto loan originations that it "knew or should have known were unfair and in violation of the state Consumer Protection Law," while the office of Delaware Attorney General Kathleen Jennings said the lender "knew or should have known" that the loans violated state laws. Is there a lawsuit against Exeter Finance? It really cant be that hard. Please limit your input to 500 characters. On October 7, 2021, Brown initiated this lawsuit, Accordingly, the status conference currently scheduled for 11/15/21 is stricken and set for 12/6/2021 at 09:40 AM; the parties shall use the same call-in information #33 . Please let us know how we can improve this page. I have not received my title and they have not released it to Navy Federal and its be 5 months. If Exeter Finance violated the law, you may be entitled to money damages and Exeter Finance will pay our fees and costs. 1155 Gratiot Avenue Defendant Exeter Finance LLC's answer due December 3, 2021. IRVING, Texas, June 28, 2021 /PRNewswire/ -- Exeter Finance LLC, a leading indirect auto finance company, announced today that it has entered into a definitive agreement to . Thank you for your website feedback! The AGs Office worked collaboratively with the Delaware Attorney Generals Office on this investigation. Exeter Finance Corp. Binh Hoa Le v. Exeter Finance Corp., No. Jun 28, 2021, 08:00 ET. (#35) MINUTE entry before the Honorable John F. Kness: In their joint initial status report #34 , the parties explain that they "have completed their settlement documentation and anticipate that they will complete the settlement and file a Stipulation of Dismissal by November 30, 2021." Mass.gov is a registered service mark of the Commonwealth of Massachusetts. Haig: Buy-Sell Q&A: What is the value of an M&A advisor? Last year, Exeter Finance. If you need to contact Exeter, you may call us at our main telephone number (toll free): (800) 321-9637. Everyone was really kind and my salesperson (Jeff) was so attentative and patient! 2023 www.patriotledger.com. Each party is to bear its own fees and costs. Additionally, CAC borrowers were subject to hidden finance charges, which resulted in CAC loans exceeding the usury rate ceiling of 21 percent mandated by state law. Neither it nor its attorney, James Carroll of Skadden, Arps, Slate, Meagher & Flom, responded to requests for comment. If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. Please remove any contact information or personal data from your feedback. 2:22-CV-02197 | 2022-12-29, U.S. District Courts | Finance | See more newsletter options at autonews.com/newsletters. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. Download PDF. Exeter Finance, LLC et al Case Summary On 06/17/2021 Henderson filed a Finance - Consumer Credit lawsuit against Exeter Finance , LLC. Filing fee $ 402, receipt number 0752-18366584. Call us today at 312-300-5996 for a free consultation. "It's hurt me for a long time and I've been trying to recover from it," Mello said. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. Delaware and Massachusetts previously partnered to crack down on deceptive subprime auto lending. Choose your news we will deliver. Finally, one place to get all the court documents we need. inquiry into subprime auto loan market. Cass Terry, 55, had been through periods of self-neglect due to being diagnosed with a persistent delusional disorder and lived in a property in Exeter, Devon. 2020) Annotate this Case. Sincerely, Office of the President Exeter Finance LLC Initial Complaint 10/31/2022 Complaint Type: Billing/Collection Issues Status: Answered I am not liable for this debt with Exter Finance. Our team is integral to our success. A subscription to PACER is required. Please select at least one newsletter to subscribe. "This company's loans put Massachusetts car buyers in economic danger," Healey said in the statement. An Exeter spokeswoman told Automotive News the company is "pleased to have resolved this matter.". Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. (kmca) (Entered: 11/16/2021), Docket(#6) First MOTION for Extension of Time by Exeter Finance LLC. If you do not agree with these terms, then do not use our website and/or services. In its lawsuit, the AGs office also alleges that the company took excessive and illegal measures to collect debt from defaulted contract holders, including sending faulty notices to customers with repossessed vehicles, harassing consumers with unlawfully repetitious collections calls and overcharging consumers on their deficiencies. Finance. The AGs Office alleges that Exeter facilitated the origination of Massachusetts auto loans that the company knew or should have known were unfair and in violation of the state Consumer Protection Law. The state is seeking relief for Massachusetts customers harmed by these alleged practices, as well as civil penalties and injunctive relief. When recognizing the arrival of the subpoenas through a filing with the Securities and Exchange Commission, Credit Acceptance said, We are cooperating with these inquiries and cannot predict the eventual scope, duration or outcome at this time. (Plati, Michael) (Entered: 07/08/2021), (#4) SUMMONS Returned Executed by Dennis J. Henderson as to Experian Information Solutions, Inc. on 6/28/2021, answer due 7/19/2021. This companys loans put Massachusetts car buyers in economic danger, Healey said in the statement. Healey, in a video conference call with three consumers who bought cars with loans through Credit Assistance, described a company that lent money to consumers at interest rates that met or exceeded the state's cap of 21 percent, and then engaged in unlawful collection practices. Exeter finance is top notch as far as I'm concerned. April 15, 2019 12:00 AM. Contact the Attorney General's Office at (617) 727-2200, AG Healey Sues Major Subprime Auto Lender for Unfair and Deceptive Practices in Its Subprime Auto Loan Business in Massachusetts. The settlement also requires the company to make changes to its loan handling practices. The office ofMassachusetts Attorney General Maura Healeysaid Monday that Exeter facilitated auto loan originations that it knew or should have known were unfair and in violation of the state Consumer Protection Law, while the office ofDelaware Attorney General Kathleen Jenningssaid the lender knew or should have known that the loans violated state laws. from 8 a.m.-5 p.m. CT. Let MyAccount give you more time back in your day. Solera | DealerSocket: Four real-time integrations that can save your dealership time, Solera | DealerSocket: Time for a new pre-owned pricing tactic, Kerrigan Advisors: Blue Sky Update Q4 2021, Qualcomm: Trading multi-year design cycles for on-demand features and experiences, Twitter: EV adoption is happeningin an unexpected place, Massachusetts Attorney General Maura Healey, Delaware Attorney General Kathleen Jennings. 6:20-CV-03418 | 2020-09-25, U.S. District Courts | Contract | Mailed notice (ef, ) (Entered: 09/23/2021), (#30) STIPULATION of Dismissal as to defendant Experian Information Solutions, Inc. (Plati, Michael) (Entered: 09/23/2021), (#29) MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal #27 explaining that the case has been voluntarily dismissed as against Defendant Exeter Finance, LLC only. I have had to miss work to take care of this 5 different trips to the DMV with the wrong paperwork that they have sent me. quantum meruit. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Thank you to Open Road Financial & Exeter! <link rel="stylesheet" href="styles.98190626566e8a97.css"> The complaint also alleges that CAC has made high-interest subprime auto loans to Massachusetts borrowers that the company knew borrowers would be unable to repay, in violation of state law. Accordingly, the case against Defendant Experian Information Solutions, Inc. is dismissed with prejudice in accordance with the terms of the stipulation and by operation of Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Service due by 1/3/2022. Please remove any contact information or personal data from your feedback. Subprime auto lender Exeter Finance has agreed to pay more than $6 million in two states for financing . Murphy agreed to make seventy-two payments of $399.12 beginning on August 5, 2014. Some page levels are currently hidden. Courts have held that lending is unlawful under the statute if lenders do not have a basis for believing that borrowers will be able to repay their loans in normal course. No proposed order. ), filed by Jennifer Bradley. Exeter Finance Hit With $6 Million Payout Subprime auto lender Exeter Finance has agreed to pay more than $6 million in two states for financing auto loans that the lender knew or should have known were unfair. 8:20-CV-01048 | 2020-03-13, U.S. Courts Of Appeals | Contract | If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. 2084CV01954. The public and media representatives may have access to the hearing via the same number. Consumers with questions about settlement eligibility should contact AG Healeys Insurance and Financial Services hotline at 1-888-830-6277. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. this recordthree-quarters of which is troublingly sealed from the public . Then try to tell you that you owe them more money even though you dont. Sign up and get the best of Automotive News delivered straight to your email inbox, free of charge. Mailed notice (ef, ) (Entered: 09/23/2021), Docket(#30) STIPULATION of Dismissal as to defendant Experian Information Solutions, Inc. (Plati, Michael) (Entered: 09/23/2021), Docket(#29) MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal #27 explaining that the case has been voluntarily dismissed as against Defendant Exeter Finance, LLC only. This lawsuit is part of AG Healeys review of securitization practices in the subprime auto marketan industry-wide investigation that remains ongoing. This company made unaffordable and illegal loans to borrowers, causing them to fall into thousands of dollars of debt and even lose their vehicles, said AG Healey. 2021) The Fifth Circuit affirmed the district court's judgment in favor of Exeter and Exeter's parent company, Enzo, in an action brought by plaintiff, a former employee, for breach of contract, fraud, and quantum meruit. Exeter is committed to ensuring the highest standards of customer service in its business when delivering vital auto financing options to consumers, she added. Please limit your input to 500 characters. Contact Exeter Finance via our customer service phone line or email. The complaint said the company violated that law more than 1.5 million times over six years. I didnt get a starting interview and they still funded the financing now Im stuck with the car I dont want or feel safe in, Wanting to help my Daughter get a more efficient vehicle, and yall came through and helped us out much appreciated. The suit, filed on behalf of Exeter Finance LLC, who holds a first lien security interest in the defendant's 2013 Honda Civic vehicle, requests that the court not apply any rights and. Mailed notice (ef, ) (Entered: 11/12/2021), (#34) REPORT of Rule 26(f) Planning Meeting by Dennis J. Henderson (Plati, Michael) (Entered: 11/02/2021), (#33) ORDER signed by the Honorable John F. Kness on 10/19/2021: Telephonic initial status hearing is set for 11/15/2021 at 10:00 AM. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. P. 45. In the Non-Bank Financial Service category. At This lawsuit is part of Healeys review of securitization practices in the subprime auto market an industry-wide investigation that her office said remains ongoing. Exeter Finance LLC et al Case Summary On 10/05/2021 Bradley filed a Finance - Consumer Credit lawsuit against Exeter Finance LLC. Cancellation and Refund Policy, Privacy Policy, and The parties are to use the following call-in number: 888-684-8852, conference code 3796759. was also awesome! Both attorneys general said their offices will continue to investigate subprime lenders to protect borrowers in their states. No proposed order. Summons for Primeritus Financial Services, Inc. (#6) First MOTION for Extension of Time by Exeter Finance LLC. Exeter finance loan amounts start at $5,000 and go up to $100,000. The deal resolves a lawsuit that Healey filed in Suffolk County Superior Court in August that accused the Southfield, Michigan-based company of violating state consumer protection and debt collection laws and regulations. Plus, some of our clients also receive debt relief and cleaned-up credit reports. 2023Exeter Finance LLC. Use this button to show and access all levels. # 35). UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Heres the next step in their evolution, Champ: The history of titling and the cost of human error. ISSN 2576-1072 (online), Missed payments? An official website of the Commonwealth of Massachusetts, This page, AG Healey Secures $5.5 Million for Consumers, State in Subprime Auto-loan Settlement, is, for AG Healey Secures $5.5 Million for Consumers, State in Subprime Auto-loan Settlement. for Judgment on the Pleadings filed by Defendant Exeter Finance, LLC on December 27, 2021(Doc. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 20-1031 (10th Cir. Exeter Finance Corp., No. And then on Monday, the Massachusetts attorney general ramped up the legal activities with a lawsuit against Credit Acceptance for allegedly the company provided unfair and deceptive auto financing to thousands of Massachusetts consumers, providing investors with false or misleading information regarding auto securities they offered and engaging in unfair debt collection practices. For Massachusetts: Glenn Kaplan of the Massachusetts Attorney General's Office, For Credit Acceptance Corp: James Carroll, Patrick Rideout and Anand Raman of Skadden, Arps, Slate, Meagher & Flom, Santander to pay $25.9 million to resolve subprime auto loan probes. The musician and artist was under the care of Devon's Community Mental Health Team (CMHT) until November 2020 - but was found dead inside her home a year later. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. (Attachments: #1 Civil Cover Sheet)(Plati, Michael) (Entered: 06/17/2021), Los Angeles County Superior Courts | Other | 2021-10-28, Los Angeles County Superior Courts | Personal Injury | All of this was set out in the contract, to which Murphy agreed by affixing his signature. Here are 8 tips for writing great reviews. 19-1957 | 2019-09-04. Developed by Dave Branch Designs, Fla. Repo Shooter Appointed To Historical Commission, Subprime Auto Lender American Car Center Closes for Business, TitleMax Responds To CFPBs $15M Spanking. In a separate cease and desist agreement in Delaware, Exeter agreed to pay $550,000 to affected customers and $50,000 to the state. Case assignment: Random assignment. A lock icon ( 2 . Funding is quick and easy, competitive dealer programs, and were all about building lasting relationships. Follow these three steps: At Exeter, we focus on being a premier auto finance company and lender of choice known for its people, performance and service. No later than five business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). Jun 13, 2021. Boston A lawsuit has been filed against national auto lender Credit Acceptance Corporation (CAC) for allegedly making unfair and deceptive auto loans to thousands of Massachusetts consumers, providing investors with false or misleading information regarding auto securities they offered, and engaging in unfair debt collection practices, Attorney General Maura Healey announced today. The district court granted summary judgment for . My experience with Exeter Right way Auto was great salesman was good,honest and straightforward and I found the car I enjoy and satisfied with I would tell others. Click here to submit a Letter to the Editor, and we may publish it in print. This case was filed in U.S. District Courts, Illinois Northern District. Our partnership with dealers, exceptional customer service and relationships have allowed us to make vehicle ownership a reality for many. Thank you anyway. 3:21-CV-00109 | 2021-01-22, U.S. District Courts | Property | (Plati, Michael) (Entered: 07/08/2021), DocketSUMMONS Issued as to Defendants Equifax Information Services, LLC, Exeter Finance, LLC, Experian Information Solutions, Inc. (crl, ) (Entered: 06/25/2021), Docket(#3) ATTORNEY Appearance for Plaintiff Dennis J. Henderson by Syed Haseeb Hussain (Hussain, Syed) (Entered: 06/17/2021), DocketCASE ASSIGNED to the Honorable John F. Kness. Thanks guys and galls keep up the great work Jon AtkeissonEast Texas. All quotes delayed a minimum of 15 minutes. I hope they go out of business. 4:20-CV-01517 | 2020-10-21. Exeter, headquartered in Irving, Texas, is a Delaware limited liability company. Glassdoor gives you an inside look at what it's like to work at Exeter Finance, including salaries, reviews, office photos, and more. Yes, I'd like to receive email communications on editorial features, special offers, research and events and webinars from Automotive News. Last year, Exeter Finance paid more than $5.5 million for its role in what the Massachusetts attorney said was financing unfair, subprime auto financing. Then on April 3, the finance company said it received another subpoena from the Maryland AG in connection with the companys origination and collection policies and procedures in the state of Maryland. Find out how we combat fake reviews. Exeter Finance offers franchise & independent dealership financing and subprime auto lending to credit-challenged customers. After being red, Bihn Hoa Le sued Exeter Finance Corporation and Exeter's parent company, Enzo Parent, L.L.C, for breach of contract, fraud, and .
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