Snively Seeking Class Action Suit Against Honda of Fayetteville

Fayetteville attorney Tim Snively has sued Honda of Fayetteville in Washington County Circuit Court, alleging the auto dealer charged interest rates on car loans in excess of the state cap of 17 percent.

Snively, who represents car buyer Natasha Fletcher, is also asking the court to certify the suit as a class action across the entire state of Arkansas, saying in the complaint that the number of harmed buyers is “so numerous, comprising hundreds if not thousands of members, that joinder of all members would be impracticable.”

Snively is also asking the court to void all financing agreements and to “refund all monies” to Fletcher and other affected buyers.

Snively has enlisted the help of class action specialist Joe P. Leniski Jr., a Tennessee-based “Super Lawyer,” as rated by Super Lawyers magazine, and Alex G. Streett, of Russellville, to help with the case.

Listed as defendants in the April 17 suit are UAG Fayetteville II LLC, dba Honda of Fayetteville, dba Landers Honda North, dba Fayetteville Autoplex, and Ally Financial Inc., dba Ally Financial, and Ally Financial Lease Trust.

In the suit, the class Snively seeks to have certified is “All individuals and entities who executed a written contract with defendant UAG [Honda of Fayetteville, Landers Honda North, and Fayetteville Autoplex] in the state of Arkansas with an interest rate exceeding 17 percent per annum.”

A defendant’s attorney has not yet been assigned.The case is in Circuit Judge Beth Bryan’s court.

According to the suit, in 2013 Fletcher bought a used Honda Insight at the Fayetteville Autopark, which in the suit is called the Fayetteville Autoplex. According to the suit, the 72-month financing agreement had an interest rate of 18.15 percent, well beyond the state cap of 17 percent outlined in Amendment 89 of the Constitution of the State of Arkansas.

According to the suit, Fletcher’s financing agreement was sold to a third party, Ally Financial Inc.

According to records with the Arkansas Secretary of State, UAG Fayetteville II LLC has two fictitious names, Honda of Fayetteville and Landers Honda North. The foreign address for UAG is in Detroit, Michigan. UAG’s Arkansas agent, The Corporation Company, is based in Little Rock.

Honda of Fayetteville could not be reached for comment.