Plaintiffs in ANZ lawsuit want the federal court to dismiss the Bank's counterclaim
Pago Pago, AMERICAN SAMOA — Three residents of American Samoan have asked the federal court in Guam, to dismiss a counterclaim filed against them by ANZ Guam Inc., parent company of ANZ Amerika Samoa Bank.
In March last year, the plaintiffs — Ronald Parker, Fa’afetai Parker, and Tualagi Gaoteote — filed a lawsuit alleging that ANZ is liable for its systematic violations of the Truth in Lending Act (TILA) of 1968, and Regulation Z, for failing to provide homeowners with accurate periodic statements regarding the mortgages it services.
ANZ later responded by denying the alleged claims and asking the court to dismiss the complaint “and that they take nothing.”
Then early last month, ANZ filed an amended response to the lawsuit and included its counter-claim against the plaintiffs in which the defendant alleges one-count each of “breach of contract” against the Parkers and Gaoteote. (See Samoa News May 7th edition for details).
In their response filed Wednesday this week, the plaintiffs denied the allegations in the counter-claim, arguing among other things, that the defendants' claims are barred, in whole or in part, because defendant failed:
• to comply with the terms of the relevant contracts, regulations, or requirements; and
• to provide appropriate and required notices to Plaintiffs regarding their mortgages.
Based on the basis of their complaint, the plaintiffs argue that judgment for the defendant “is not appropriate”.
Regarding the specific claims by ANZ, the plaintiffs vehemently deny them.
In their counter-claim, ANZ asks the court for a judgment against the Parkers in the amount of $4,206 plus interest; and against Gaoteote in the amount of $8,345 plus interest.
In their response, plaintiffs argue that this is a statement of the defendant’s legal theory, “and not allegations of fact requiring a response”. However, if a response is necessary, the plaintiffs deny such allegations.
Both sides have requested a jury trial, but no date is set yet by the court. Current or former local loan customers of ANZ are closely monitoring this case.