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Ginwright v. Exeter Finance Corp.

2016 WL 5867443 (2016)

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Ginwright v. Exeter Finance Corp.

United States District Court for the District of Maryland
2016 WL 5867443 (2016)

  • Written by Tanya Munson, JD
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Facts

In 2013, Billy Ginwright (plaintiff) entered into a contract with BW Auto Outlet of Hanover, Maryland, to finance the purchase of a vehicle. BW assigned all its rights under the contract to Exeter Finance Corporation (Exeter) (defendant). Ginwright claimed that Exeter sought to collect a debt under the contract by calling Ginwright’s cellphone hundreds of times using an automated dialing system. Ginwright filed a complaint against Exeter for violations of the Telephone Consumer Protect Act (TCPA) and the Maryland Telephone Consumer Protection Act. Exeter filed an amended answer and counterclaim alleging that Ginwright breached the contract by failing to make car payments and that required Exeter to repossess the vehicle and to collect the debt by telephone. Ginwright moved to dismiss Exeter’s counterclaim for lack of subject-matter jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Chuang, J.)

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