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Bridget Rashaw; Matthew Hutchinson v. United Consumers Credit Union

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Submitted: February 15, 2012

Before LOKEN, BYE, and MELLOY, Circuit Judges.

Four named plaintiffs filed three separate class action lawsuits in state court alleging, inter alia, that three Missouri credit unions, by participating in a subprime motor vehicle lending and investment program administered by now-bankrupt Centrix Financial, LLC (“Centrix”), violated provisions of the Missouri Uniform Commercial Code (“Mo UCC”) and the Missouri Merchandising Practices Act (“MMPA”). Defendants removed under the Class Action Fairness Act, 28 U.S.C. § 1332(d), and moved to dismiss the complaints. The district court*fn1 issued three identical orders dismissing all the state law claims. Plaintiffs appeal the dismissal of the statutory claims; we granted their unopposed motion to consolidate the three appeals. We review the dismissals de novo, taking the allegations in the complaints as true. See O’Neal v. State Farm Fire & Cas. Co., 630 F.3d 1075, 1077 (8th Cir. 2011) (standard of review). We agree with the district court that plaintiffs’ Mo UCC claims are time-barred, although our analysis of that issue is somewhat different, and that the MMPA expressly exempts Missouri credit unions. Accordingly, we affirm.

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