Vogel v. Onyx Acceptance Corp.
267 P.3d 1057
Wyo.2011Background
- WUCCC compliance examination found Onyx charged Wyoming customers fees for phone/internet payments not disclosed at credit extension.
- Onyx, as assignee of dealer contracts, charged $9.50 (phone) and $5.00 (internet) per payment.
- Fees were optional, incurred after credit extension, and not disclosed in consents/credit sales contracts.
- OAH recommended summary judgment for Division; Administrator ordered Onyx to cease and refund.
- District court reversed, holding fees were not covered by the WUCCC; Administrator appealed.
- Wyoming Supreme Court held Onyx did not violate the WUCCC; summary judgment for Onyx affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fees for phone/internet payments are credit service charges under WUCCC §40-14-209(a). | Administrator: fees are credit service charges. | Onyx: fees are post-access optional, not incident to credit. | Fees are not credit service charges. |
| Whether the WUCCC prohibits unlisted charges when not tied to the extension of credit. | Administrator: enumerated charges only; other charges prohibited. | Onyx: liberal construction allows non-enumerated, post-credit charges. | Not prohibited as outside enumerated charges. |
| Whether assignee-seller liability extends to pre-assignment disclosure obligations. | Administrator: Onyx bears disclosure duties as seller. | Onyx has no pre-assignment obligations; contract occurred earlier. | Onyx not liable for pre-assignment disclosures. |
Key Cases Cited
- Pfennig, 541 U.S. 232 (U.S. 2004) (disclosures focus on credit decisions; over-limit fees non-exclusive context)
- Luttenegger v. Conseco Fin. Servicing Corp., 671 N.W.2d 425 (Iowa 2003) (finance charge scope includes disputed fees; non-exclusive list)
- McGee v. Kerr-Hickman Chrysler Plymouth, Inc., 93 F.3d 380 (7th Cir. 1996) (over-limit-like reasoning; optional fees not part of finance charge)
- Barnes v. Helfenbein, 548 P.2d 1014 (Okla. 1976) (UCCC requires disclosure of terms that are meaningful to credit cost)
- Knox v. Thomas, 512 P.2d 664 (Utah 1973) (recognizes disclosure of loan amount and charges as terms)