106, protection Uniform §§ 9-614, statute, Commercial 9-616, Mass. Williams claims that Honda's notices violate provisions of the ('UCC'), Massachusetts Mass. Honda then sent Williams a second notice that apprised her of the sale and of her deficiency balance, calculated in accordance with the post-repossession notice by subtracting the price obtained at auction from her outstanding loan balance plus the additional costs associated with repossessing and selling the automobile. If the auction proceeds are less than what you owe, you will still owe us the difference.' At auction, Honda fetched $8,900.00 for the automobile. The notice also described Williams's deficiency liability as follows: 'The money received from the sale (after paying our costs) will reduce the amount you owe. After Williams failed to make her loan payments, Honda repossessed the automobile and sent her a post-repossession notice that advised her of Honda's - 3 - intent to sell the car at auction.

In brief, Williams purchased a Honda Accord in 2007, which she partly financed through a retail-installment-sale contract with Honda. Background The pertinent facts are set out in Williams v. For the reasons explained herein, we now reverse the district court's findings that Honda's notices were compliant with Massachusetts law, vacate its dismissal of Williams's claims under the Massachusetts UCC and chapter 93A, and otherwise affirm its judgment. 2018), the parties filed supplemental briefs addressing the ramifications of those answers. After the Supreme Judicial Court issued an opinion responding to our questions, see Williams v. Recognizing that Williams's claims hinge entirely on questions of Massachusetts law, we certified three questions to the Massachusetts Supreme Judicial Court. This appeal followed the district court's entry of summary judgment in favor of Honda. putative class action, alleging Rachel Williams brought this that American Honda Finance Corporation ('Honda') violated Massachusetts consumer protection laws by affording her inadequate loan-deficiency notifications after she fell behind on her automobile-loan payments. Abugheida, and Buckley Sandler LLP, on brief for American Financial Services Association, amicus curiae in support of appellee. Waugh, and Wilson Elser Moskowitz Edelman & Dicker, LLP were on brief, for appellee. Nelson on brief for National Consumer Law Center, amicus curiae in support of appellant. Rossman, National Consumer Law Center, and Jennifer P. John Roddy, with whom Elizabeth Ryan, Bailey & Glasser LLP, Steven R. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Before Torruella, Thompson, and Kayatta, Circuit Judges.

AMERICAN HONDA FINANCE CORPORATION, Defendant, Appellee. WILLIAMS, on behalf of herself and others similarly situated, Plaintiff, Appellant, v. United States Court of Appeals For the First Circuit No. The Court held (1) Plaintiff’s challenge to the district court’s ruling that Honda sold her car for fair market value was waived (2) the district court erred in finding that the post-repossession and post-sale notices Honda sent to Plaintiff complied with the requirements of Massachusetts law and (3) therefore, entry of summary judgment on Plaintiff’s Mass. After the SJC issued an opinion responding to these questions and the parties filed supplemental briefs, the First Circuit issued this opinion. Because Plaintiff’s claims hinged entirely on questions of Massachusetts law, the First Circuit certified three questions to the Massachusetts Supreme Judicial Court (SJC). Plaintiff claimed that Honda afforded her inadequate loan-deficiency notifications after she fell behind on her automobile-loan payments. The First Circuit affirmed in part, reversed in part, and vacated in part the district court’s entry of summary judgment in favor of American Honda Finance Corporation (Honda) on Plaintiff’s putative class action alleging that Honda violated Massachusetts consumer protection laws, holding that summary judgment was improper on some of Plaintiff’s claims.

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