Jenie Mallari-Torres Aug. 19, 2016, 2:09pm


BIRMINGHAM, Ala. (Legal Newsline) — A consumer is suing Serra Nissan/Oldsmobile and other car-related businesses, alleging fraud, unjust enrichment and violations of RICO.

Ruth D. Bettis of Jefferson County, Alabama, filed a class action lawsuit, on behalf of herself and all those similarly situated Aug. 2 in U.S. District Court for the Northern District of Alabama Southern Division against Serra Nissan/Oldsmobile Inc., Serra Volkswagen Inc., Serra Automotive Management Inc., Anthony F. Serra, Abdul Islam Mughal and Dwight A. Perry, alleging they knowingly violated the Racketeer Influenced and Corrupt Organizations Act.

According to the complaint, on Aug. 2, 2013, Bettis purchased a used vehicle from Serra/Nissan in Birmingham and was required a substantial deposit of $8,500 to reduce her payments after a year. The suit says the plaintiff's payments were not reduced as promised. Instead, the lawsuit states, Bettis received documents from the defendant showing her deposited amount was not subtracted from the balance due but indicated a new car with a different model.

The suit says Bettis and class members have been injured financially by paying for features that were not on the vehicle, by an inflated purchase price and add-on products that were packed into their loans without their knowledge. 

The plaintiff alleges the defendants committed multiple related acts of mail/wire/bank fraud and identity theft and aided in the acts and pattern of racketeering activity in violation of RICO.

Bettis seeks a trial by jury, actual damages of $5,000, interest, legal costs and fees, plus all relief the court deems proper. She is represented by Jason L. Yearout of Yearout & Traylor PC in Birmingham.

U.S. District Court for the Northern District of Alabama Southern Division Case number 2:16-cv-01260

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U.S. District Court for the Northern District of Alabama
1729 5th Ave N
Birmingham, AL 35203

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