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GAP

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District Court (Conn.) Says TILA Does Not Act Where Disclosures Are Conspicuous; Oral Representations to the Contrary Notwithstanding

by Scott J. Hyman |

In Muñoz v. JLO Auto., Inc., No. 3:19-cv-01793 (MPS), 2020 U.S. Dist. LEXIS 136552 (D. Conn. July 31, 2020), Judge Shea refused to enter a default judgment against a car dealer based on the consumer’s claim that she was falsely told that GAP was required as part of the transaction. Just below this language is the cost ($752), the term… 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