Overview

In Re:  Red Barn Motors, Inc., et al.
vs.
NextGear Capital Inc. f/k/a Dealer Services Corporation, et al.

United States District Court for the Southern District of Indiana
Case No. 1:14-cv-01589

Please note this website and its contents are not substitutes for legal advice. As a result, Class Members are urged to contact counsel of their choosing to obtain legal advice.

Used car dealers have sued NextGear Capital, Inc. (“NextGear”), formerly known as Dealer Services Corporation (“DSC”), alleging that NextGear breached its contracts with used car dealers by charging interest on money not yet actually loaned with respect to certain advances, resulting in additional interest charges that the dealers never agreed to pay. These are, however, only the dealers’ allegations. The Court has not yet decided if the used car dealers are correct, and NextGear denies the allegations.

Class Members

Class members were identified as members of either a Nationwide Class or a California Subclass.

The Nationwide Class certified by the United States District Court for the Southern District of Indiana includes all used car dealers in the United States of America that were parties to a Floorplan Agreement with DSC, n/k/a NextGear, effective during the time period of January 2005 through July 2013, and that floor planned one or more vehicles with DSC/NextGear under such agreement, excluding any dealer that signed an agreement containing an arbitration or class action waiver provision.

The California Subclass certified by the United States District Court for the Southern District of Indiana includes all California used car dealers that were parties to a Floorplan Agreement with DSC, n/k/a NextGear, effective during the time period of January 2005 through July 2013, whose Floorplan Agreement requires the application of California law, and that floor planned one or more vehicles with DSC/NextGear under such agreement, excluding any dealer that signed an agreement containing an arbitration or class action waiver provision

Your Rights and Options as a Class Member

DO NOTHING

Stay in this lawsuit. Await the outcome. Give up your right to sue separately. By doing nothing, you keep the possibility of getting money or benefits that may come from a class trial or a settlement. You cannot, however, recover or try your claims twice; so, by participating in the class action, you give up any rights to individually sue NextGear about the legal claims in this case.

ASK TO BE EXCLUDED

Get out of this lawsuit. Get no benefits from it. Sue separately. If you ask to be excluded, you will not receive any money that is later obtained in a class trial or a settlement. But, you keep any rights to sue NextGear separately about the legal claims in this case if you choose to do so. You will need your own lawyer.

 

To opt out of being a Class Member, you must timely return a written request to be excluded from the Class, which must include all of the following: (i) the Class Member’s name; (ii) the Class Member’s current mailing address; and (iii) the statement “I want to be excluded from the Red Barn vs. NextGear case.” To be timely, a written request to be excluded from the Class must be postmarked on or before June 26, 2020, and must be mailed, with sufficient postage prepaid and affixed, to:

Red Barn v. NextGear
c/o Donlin, Recano & Company, Inc.
P.O. Box 199043
Blythebourne Station
Brooklyn, NY 11219

Correspondence sent by hand delivery or overnight mail should be sent to:

Donlin, Recano & Company, Inc.
Re: Red Barn v. NextGear
6201 15th Avenue
Brooklyn, NY 11219

For additional information, please contact the Notice Administrator call center at Toll-Free +1 (866) 745-0266 or email rbminfo@donlinrecano.com