in violation of 15 U.S.C. § 1600, et seq. and various state laws. Plaintiff also claims any profits generated from the refundable security deposit should be remitted to the Plaintiff and the class. Defendants now move to dismiss Plaintiff's claims under Fed. R. Civ. P. 12(b)(6) and 12(b)(1). In the middle of the briefing schedule of the instant motion, Plaintiff filed an Amended Complaint on January 27, 1995. Pursuant to this Court's Order in conference on February 24, 1995, the Court directed the Defendants' Reply Memoranda in Support of its Motion to Dismiss be responsive to the Amended Complaint. For the following reasons the Defendants' motion is granted.
The Plaintiff is Stacy R. Sanders. On March 31, 1994, Plaintiff entered into a lease agreement with an automobile dealer known as Grand Prix Performance, Ltd. (Am. Compl. P 21) for a 1994 Jeep Grand Cherokee Laredo (Defs.' Mem. Law at 4-5, Lease). Contemporaneously, the lease agreement was assigned to Gold Key. (Am. Compl. P 21). The lease required the Plaintiff to pay the following costs in advance:
a capitalized cost
reduction downpayment: $ 2,926.00
refundable security deposit 475.00
first monthly payment 460.45
title, license and
registration fees 49.75
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