Free Amended Complaint - District Court of Connecticut - Connecticut

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I ,1. Case 3:03-cv-€O§22—SFiU Document 10 Filed 12/&%003 Page 1 of 4
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UNITED STATES DISTRICT COURT , _ I E _ __ I
I DISTRICT OF CONNECTICUT · IQ * ·_ 1
I j,‘,{{;§E DONOFRIO as lei; ii it: sa
I BRENDA Funonw .
- Plaintiffs, ' · I
I V. CIVIL ACTION NO. I
I 303CV622(SRU) I
I SERJAM, INC. I
I AKACARWORLDII /0/W/05 I
I Defendant I
I FIRST AMENDED COMPLAINT I
FIRST COUNT: I
1. This is an action for a declaratory judgement, an injunction. and damages for
violation of The Truth In Lending Act, 15 U.S.C. § 1601 et seq., and for I
violation of the Connecticut Unfair Trade Practices Act § 42-110a Conn. Gen.
Stat., et seq., and for violation of The Connecticut Truth In Lending Act § 36a- I
676 Conn. Gen. Stat., et seq., _ I
2. Jurisdiction is conferred on this Court by 15 U.S.C. § 1601 and 28 U.S.C. §§ I
1331 and 1367.
3. Plaintiffs are residents of Waterbury, Connecticut.
4. Defendant Seijam, Inc. also known as Car World II, is a place of business at 37
Chase Avenue, Waterbury, CT 06704. I
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i ._ ti I Case 3:03-cvQ)D>522—SFlU Document 10 Filed 12/Q$@003 I Page 2 of 4
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5. Defendant Serjam, Inc., is a domestic corporation licensed to do business in the
i state of Connecticut. i
_ 6. At all times herein the defendant in the ordinary course of business regularly
extended consumer credit which was payable in more than four installments.
i 7. Defendant is a creditor within the meaning of C.G.S. § 36a·676, et seq., and
15 U.S.C. § 1601, et seq., and regulation promulgated thereunder. A
8. On or about February 14, 2003, plaintiffs entered into a consumer credit
i transaction with defendant to buy a car for personal, family or household use.
9. The defendant failed to provided the information required to be disclosed by W
15 USC § 1601, et seq. or CGS § 36a-676, et seq. and the regulations
thereunder at or prior to consummation of the transaction.
10. Defendant failed to provide written disclosure in a form plaintiffs may keep
prior to consummation. l \
11. Plaintiffs have suffered and will suffer severe monetary loss, embarrassment,
stress, and inconvenience as a result of defendanfs actions. l . H
sncomn comm"; I
12. The allegations of paragraph no.7, of the·First Count are repeated as if fully
set forth herein. ,
13. Defendant has committed one or more unfair or deceptive acts or practices in `
violation of the Connecticut Unfair Trade Practices Act § 42-1 10a Conn. Gen. Stat. et
seq., including, but not limited to failing to disclose to plaintiffs the accurate financial
terms of the transaction, failing to provide plaintiff with a copy of the .Retail Installment

X l ";’ Case 3:03-cv{00§22—SRU Document 10 Filed 12/Q 7§2003 Page 3 of 4
»_ that matched the Retail Purchase Order, by failing to accurately break down the payments
made to third parties, and for failing to issue a VS1 policy. .
14. Plaintiffs have suffered and will suffer severe monetary loss, embarrassment, l
l stress, and inconvenience as a result of all defendanfs actions.
l WHEREFORE, it is respectfully prayed that this Court:
- 1. Award plaintiffs statutory damages of $1,000.00, actual damages, and costs and l
` a reasonable attorney’s fee on Count I. I
2. Award plaintiffs actual damages, punitive damages, and atto1·ney’s fees for
l violation ofthe Connecticut Unfair Trade Practices Act under Count III.
3. Award such other or further relief as the Court deems just or equitable.
including return of the motor vehicle.
THE PLAINTIFFS
a BY _ 5
J e ennedy l
101 W. Mahi sneer I
I Branford, CT 06405
Fed. Juris No.: CT20l 79
(203) 483-4500
(203) 483-7922 fax §
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CERTIFICATE OF SERVICE
l I hcrcby ccrtiiy that on this Q day of October, 2003, a copy of this Amcndcd 4
\ Complaint was sont to:
i Ron Stroll
I cm: World Il I
I 277 Danbury R08d I
I New Milford, CT 06776 I I
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yn . cxmcdy ‘
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