“This is a proposed class action brought on behalf of all vehicle owners damaged by Fluid Truck’s broken promises and naked theft of the proceeds rightfully due and owing to Plaintiff and the class from the sales of vehicles owned by Plaintiff and the class.”

💡 The lawsuit explicitly characterizes Fluid Truck’s actions as naked theft, not a contractual dispute or business disagreement.

“Fluid Truck’s corrupt, unlawful, and unconscionable scheme proceeds as follows. First, Fluid Truck invited the vehicle owners on its vehicle-rental platform—including Plaintiff and the class—to allow Fluid Truck to sell vehicles on their behalf, and promised to provide the proceeds of those sales to those owners. Then, in direct contravention of its express promises to Plaintiff and the class, Fluid Truck elected to sell those same vehicles and simply pocket the money—knowingly misappropriating more than $11 million in sales proceeds for its own use.”

💡 This describes a classic bait-and-switch fraud: make promises to gain trust, then directly violate those promises for financial gain.

“Making matters worse, Fluid Truck then openly and intentionally lied to the owners about the status of paying those proceeds.”

💡 The company didn’t just fail to pay; it actively deceived owners about whether they would ever be paid, compounding the harm.

“The ‘masterminds’ behind this corrupt and widespread theft scheme are James Eberhard, Fluid Truck’s CEO, and Jenifer Snyder, his sister and general counsel, both of whom resigned as executives in July 2024, but still somehow remain on the board of directors. Despite Fluid Truck’s feint in the direction of leadership change, the company’s current leadership and board continue to perpetuate and benefit from the same ongoing theft scheme and refuse to return the stolen funds to Plaintiff and the class.”

💡 The alleged architects of the fraud resigned from management but retained board positions, allowing them to continue benefiting while appearing to step aside.

“Simply put, Fluid Truck is stealing from its vehicle owners to fund its ongoing operations—and effectively concedes as much.”

💡 The lawsuit states plainly that the company is using theft as a business model, not as a one-time mistake.

“In my initial communication, I promised transparency and open communication, so I want to be candid—we are facing significant financial challenges that we have yet to solve for [sic]. As a result, we are still unable to process arrears payments, including insurance claim payouts and monies owed for vehicle sales.”

💡 Interim CEO Avila’s own email confirms the company cannot and will not pay what it owes, despite promising future timely payments.

“Douglas Trussler, a partner with Bison Capital Asset Management, LLC (‘Bison Capital’), which is an investor in Fluid Truck, informed Urban Interests by telephone on October 2, 2024, and by email on October 3, 2024, that Fluid Truck fully intends and is resolved to keep the sales proceeds stolen from Urban Interests and other FVIP owners.”

💡 An insider at one of Fluid Truck’s own investors explicitly confirmed the company has decided to keep the stolen money rather than repay owners.

“To continue this scheme and prevent the repayment for Fluid Truck’s widespread theft, Fluid Truck, Bison Capital, and other investors intend to continue this scheme by gaming the system—their plan is to place Fluid Truck into bankruptcy, invest a portion of $20 million into Kingbee Rentals, and then have Kingbee Rentals buy Fluid Truck’s assets out of bankruptcy.”

💡 The company allegedly plans to use bankruptcy not for legitimate reorganization, but to evade paying back the money it stole.

“Fluid Truck has knowingly retained funds belonging to Urban Interests and other Class members without authorization, and has intentionally used and misappropriated Urban Interests and other Class members’ funds to support its failing business—doing so in a manner that will permanently deprive Urban Interests and other Class members of their rightful benefit of those same funds.”

💡 The lawsuit alleges Fluid Truck acted knowingly and intentionally, meeting the legal standard for theft rather than mere breach of contract.

“By launching and supervising the scheme to steal and keep the FVIP owners’ money, James Eberhard and Jenifer Snyder have directed, actively participated in, and cooperated in the theft and conversion of Urban Interests’ property and the property of other FVIP owners.”

💡 The lawsuit seeks to hold individual executives personally liable for directing the alleged theft, not just the corporate entities.

“By continuing the scheme to keep the FVIP owners’ money, Thomas Scott Avila has approved of, sanctioned, and cooperated in the theft and conversion of Urban Interests’ property and the property of other FVIP owners.”

💡 The new interim CEO is alleged to be just as culpable as his predecessors by choosing to perpetuate rather than end the theft.

“Equity and good conscience demand that Fluid Truck pay over the proceeds from the sale of the vehicles to Urban Interests and other Class members.”

💡 The lawsuit invokes equitable principles, arguing that basic fairness requires the company to pay what it owes regardless of legal technicalities.