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TILA -- 15 U.S.C. § 1601

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District Court (Ill.) Says Credit Card Issuer Properly Treated Plaintiff’s Purchase of Cryptocurrency as a “Cash-Advance” Rather than a “Purchase of Goods”

by Scott J. Hyman |

In Eckhardt v. State Farm Bank FSB, No. 1:18-cv-01180, 2019 U.S. Dist. LEXIS 40196 (C.D. Ill. Mar. 12, 2019), Judge McDade found that State Farm Bank properly treated a Plaintiff’s purchase of cryptocurrency on his State Farm credit card as a cash-advance subject to cash advance fees rather than as a purchase of goods. The facts were as follows: Plaintiff… Read More

District Court (Mich.) Says TILA Claim Remains Where Plaintiff Claims that She Signed Blank RISC; Says No Fraud Claim May Lie Where Plaintiff’s Reliance Was Unreasonable

by Scott J. Hyman |

In McCray v. Jefferson Chevrolet Company, Inc., 2018 WL 1964674, at *2–3 (E.D.Mich., 2018), Judge Drain found that a Plaintiff's testimony that the RISC was blank when she signed it created a triable issue of fact as to whether TILA disclosures were given. Plaintiff alleges that Defendants violated 15 U.S.C. § 1638(3)–(6), and (9) by not disclosing the amount financed, the finance charge,… Read More

District Court (Mich.) Says Car Dealer Might Have Had to Include GAP Cost in Finance Charge if GAP was Mandatory, But Dealer Did Not Violate TILA By Back-dating RISC

by Scott J. Hyman |

In Garl v. Genesee Valley Auto Mall, 2018 WL 994318, at *1 (E.D.Mich., 2018), Judge Cox granted in part and denied partial summary judgment for a car dealer who was alleged to have violated TILA in connection with the disclosure of GAP and back-dating a contract.   Plaintiffs alleged that Defendant violated the Truth in Lending Act (TILA) during the transaction in… Read More

District Court (Cal.) Says Car Dealer’s Exercise of Right to Cancel Clause in Standard Form RISC Does Not Violate TILA

by Scott J. Hyman |

In Ruiz v. Auto Star Motors, Inc., 2018 WL 827835, at *4–5 (E.D.Cal., 2018), the District Court found that the dealer's exercise of a right-to-cancel clause that operated if financing was not obtained did not violate TILA. The first preliminary argument proceeds as follows: “TILA and its enabling regulations require the creditor to make disclosures before consummation of the transaction.”… Read More

7th Cir. Says Car Dealer’s Form Allowing Rescission If No Financing Was Found Did Not Violate TILA

by Scott J. Hyman |

In Rojas v. X-Motorsport, Inc., 2018 WL 734408, at *2–3 (C.A.7 (Ill.), 2018), the Court of Appeals held that a car dealer's rescission form did not violate TILA. Rojas's case is governed by Illinois law, which “mandates that when ‘different instruments are executed together as part of one transaction or agreement, they are to be read together and construed as constituting but… Read More

District Court (La.) Says TILA Claim Against Automobile Finance Company is Barred by SofL; Says No ADA Claim May Lie Either

by Scott J. Hyman |

In Dixon v. General Motors Financial Corporation, 2018 WL 746379, at *4 (E.D.La., 2018), Judge Brown found that a TILA claim was not stated because any violation would have to appear on the face of the document and the Plaintiff had filed suit longer than 1-year after purchasing the vehicle. In Jackson v. Adcock, another division of this district held that… Read More

District Court (Fla.) Finds that Car Dealer Properly Invoked Right to Cancel Transaction When Financing Could Not Be Obtained

by Scott J. Hyman |

In Clarke v. West Palm Nissan, LLC., 2018 WL 521031, at *1–2 (S.D.Fla., 2018), Judge Rosenberg dismissed a TILA claim premised on a car dealers invocation of a right to cancel the transaction if and when financing could not be found. Defendant's Right to Cancel the Sale. Defendant's right to cancel appears in the sales contract, which is attached as… Read More

District Court (Tenn.) Says Car Dealer’s Failure to Identify Date for Final Payment under RISC Violated TILA

by Scott J. Hyman |

In Boseman v. Prestige Auto Sales, Inc., No. 3:16-CV-728, 2017 WL 3172742, at *2 (M.D.Tenn. July 25,  2017), Judge Collier granted summary judgment to a car buyer who's RISC failed to include a date for the final payment due under the RISC. The next issue the Court must address is whether Defendant failed to provide Plaintiff with the required TILA… Read More

District Court (Ill.) Says Car Dealer’s Disclosure of Interest Rate on RISC Was Not Illusory or Violate TILA Simply Because Dealer Could Not Secure Financing

by Scott J. Hyman |

In Rojas v. X Motorsport, Inc., 2017 WL 2404953, at *3–4 (N.D.Ill., 2017), Judge Feinerman granted a summary judgment to a car dealer against whom a TILA claim was filed. The parties agree that the RISC disclosed all the information that TILA demands, but Rojas contends that the disclosures were illusory—not “meaningful,” as TILA demands— because the parties' contract was… Read More

California Supreme Court Issues Raceway Ford Decision on “Backdating” of RISCs in Spot-Delivery Situation and on “Single Document Rule”

by Scott J. Hyman |

In Raceway Ford Cases, the California Supreme Court found that a car dealer did not violate the AFSA in backdating a RISC to the date of sale when financing could not be found after a spot-delivery. The Automobile Sales Finance Act (ASFA), also known as the Rees-Levering Motor Vehicle Sales and Finance Act (Civ. Code, § 2981 et seq.) is… Read More

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