February 4, 2023










Case No. ______________



  1. COMES NOW Plaintiff ODESSA YOUNG, with this complaint against the Defendants, and alleges as follows: 


  1. This action seeks to hold Defendant liable for the violation of the Truth in Lending Act 15 U.S. Code § 1635 after Plaintiff bought a vehicle on credit from the first Defendant.  Defendants violated the said provision when they refused to adhere to the statutory provisions, especially the provisions following Plaintiff’s letter to rescind the transaction, which letter was sent within the provided three days’ time limit. 
  2. Plaintiff therefore seeks an injunction; declaratory relief against the Defendants. 


  1. Plaintiff, ODESSA YOUNG, is an individual, a resident of 3131 Hayes Rd., Apt. 1704, Houston, Texas. 
  2. Defendant, 500 BELOW CARS LLC address [ENTER ADDRESS] is a Texas Company that deals in the car dealership business.   
  3. Defendant, JASON GOODMAN, of address [ENTER ADDRESS] is the CEO of 500 BELOW CARS LLC. 


  1. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 (federal question) because this action involves a violation of 15 USC 1635 (Truth and Lending Act (TILA)).  
  2. Venue is proper in this county under 28 U.S. Code § 1391(b) (2) because a substantial part of the events or omissions giving rise to the claim occurred in this judicial district. 


  1. On or about October 15, 2021, Plaintiff purchased a car from Defendant 500 Below Cars LLC on credit. 
  2. Plaintiff enquired from the said Defendant whether they would run her credit to determine if she was credit worthy. The Defendant responded that Plaintiff’s job was her credit.  However, the Defendant did not ask for Plaintiff’s Social Security Number. Plaintiff therefore suspected that a Consumer Credit Transaction was going to take place. 
  3. Consequently, the Defendant approved Plaintiff for a 400 monthly car note payment car.
  4. Plaintiff paid a down-payment of $800 and insurance of $155.
  5. However, the following day, Plaintiff sent the Defendant a Right to Recession letter. Upon receipt of the letter, the Defendant informed Plaintiff that they had no legal obligation to Plaintiff’s contract. 
  6. Plaintiff maintains that pursuant to 15 USC 1635, she has a right to recession within 3 days after signing the contract. 



Violation of 15 U.S. Code § 1635

  1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
  2. Plaintiff avers that the engagement between Plaintiff and Defendant 500 Below Cars LLC amounted to a Credit Consumer Transaction. Credit Consumer Transactions have been defined as a “transaction between a natural person and another person in which property, services or money is acquired on credit by that natural person from such other person primarily for personal, family, or household purposes.” Durham v. Cont’l Cent. Credit, 2009 U.S. Dist. LEXIS 96760 (S.D. Cal. Oct. 19, 2009). 
  3. In Plaintiff’s transaction, Defendant did not ask for Plaintiff’s Social Security number. Instead, Defendant approved Plaintiff for a 400 monthly car note payment car, and Plaintiff made a down-payment of $800. 
  4. Therefore, having established factually, the existence of a Credit Consumer Transaction, the Defendant had was statutory obliged to disclose conspicuously the Plaintiff’s rights under the said transaction. 
  5. Further, the Defendant is statutorily obliged to provide appropriate forms for the Plaintiff to exercise her right to rescind the transaction. 
  6. The aforesaid statute proceeds to provide in pertinent part that: “after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction.” 15 U.S. Code § 1635(b). The said provision further states that the Plaintiff shall maintain possession of the property until the creditor performs their obligation(s) under the section. 
  7. Plaintiff therefore requests this Court Orders Defendants return the finance charge doubled in the amount of $6049.32 pursuant to 15 U.S. Code § 1640; and the cancellation of any lien placed against Plaintiff’s property. 


Declaratory Relief

  1. Plaintiff hereby incorporates by reference all the allegations contained in all the preceding paragraphs of this complaint as though fully stated herein.
  2. There now exists, between the parties hereto, a dispute and controversy to which the Plaintiff and the Defendants are entitled to have a declaration of their rights and further relief relating to the facts and circumstances as set forth in this action.
  3. Plaintiff respectfully request this Honorable Court issue a declaratory judgment declaring that the actions and/or inactions of the Defendants violate the rights of Plaintiff, and issue appropriate remedies thereof. 


WHEREFORE, the Plaintiff is entitled to damages from the Defendants, and he hereby prays that judgment be entered in his favor and against the Defendants and the following relief be issued:

  1. Temporary Restraining Order/Preliminary Injunction preventing the Defendants from placing a lien on the car;
  2. Declaratory relief;
  3. Actual damages for violation of Plaintiff’s rights as alleged herein;
  4. Interest as provided by law;
  5. An award of fees and costs;
  6. Such other relief as the Court deems just and proper. 


Respectfully submitted:



Dated: __________



 I hereby certify on the ____________day of _______________, 2021, that a true and correct copy of the foregoing Complaint were served by placing a copy in the United States Postal Service, with postage prepaid, addressed upon the following:





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