United Consumer Financial Services Co. v. Carbo, A-5501-06T2; Appellate Division; opinion by Grall, J.A.D.; decided and approved for publication October 22, 2009. Before Judges Skillman, Graves and Grall. On appeal from the Law Division, Hudson County, L-3438-02. DDS No. 11-2-xxxx [37 pp.]
Plaintiff United Consumer Financial Services Company (UCFSC), which accepts assignments of retail installment contracts obtained by door-to-door sellers of Kirby vacuum cleaners, commenced this litigation to collect the amount defendant William Carbo owed on his retail installment contract with door-to-door seller A&M Merchandising Inc. UCFSC designed its contracts and “notices of cancellation” to conform with rules adopted by the Federal Trade Commission (FTC). Carbo filed a counterclaim against UCFSC and a third-party complaint against A&M, and he obtained class certification authorizing the identification of additional Kirby distributors who used similar contracts and the consumers who accepted them.
