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TILA -- 15 U.S.C. § 1601

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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

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

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

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

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

In Dillard v. Thomasville Auto, 2016 WL 6471928--- F.Supp.3d ---- (M.D.N.C. 2016), Judge Schroeder found that disjointed printing on a RISC did not constitute a TILA violation. The court finds that in this case no reasonable consumer would interpret the disclosure form in the manner Dillard argues, and it would not be reasonable and equitable to do so. The construction… Read More

In Harold v. TMC Enterprises, LLC, 2016 WL 6069023 (W.D. Va. 2016), Judge Moon held that a car buyer adequately pleaded a TILA violation due to an inflated purchase price of the vehicle where the buyer also alleged that the finance price of a vehicle is higher than its cash price. Plaintiff asserts that Defendants violated the TILA by failing… Read More

In Yancy v. America's Preowned Selection, LLC, 2016 WL 4150927, at *2 (8th Cir. 2016), the Court of Appeals for the Eighth Circuit reversed a district court's summary judgment in favor of a car dealer because the Plaintiff had created a factual question regarding whether the dealer violated TILA's presentation requirement. Appellants argue that the district court erred by interpreting their 15 U.S.C.… Read More

In Morales v. Barberino Brothers, Inc., 2016 WL 2626826, at *4-7 (D.Conn., 2016), Judge Haight dismissed a TILA claim brought by a consumer against a car dealer who inflated the car's purchase price to account for the vehicle that the customer traded in. Two provisions of TILA are at issue. Section 1638(a)(2)(B) requires in certain instances that a creditor provide a… Read More

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