Venneman v. BMW Financial Services, No. 09-5672; U.S. District Court (DNJ); opinion by Salas, U.S.D.J.; filed December 30, 2013. DDS No. xx-7-xxxx [15 pp.]
Plaintiff W. Dana Venneman entered into a lease with defendant BMW Financial Services for a used 2006 BMW 330i from DeSimone BMW Ltd. He paid $6,000 at closing of which $5,289.88 was allocated to capitalized cost reduction payments (CCR). After being ordered to report for active duty, Venneman notified BMW FS that he elected to terminate his lease pursuant to § 305 of the Servicemembers Civil Relief Act (SCRA)and requested a partial refund of the CCR, claiming it was prepaid rent under the SCRA. BMW FS denied his request.
