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Presentation Requirement

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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 Violated TILA’s Presentation Requirement

by Scott J. Hyman |

In Todd v. Midwest Motors Sales & Service, Inc., 2016 WL 6155690, at *5 (W.D.Mich., 2016), Judge Holmes Bell denied summary judgment to a car dealer under TILA.  The facts were as follows. On February 27, 2016, Plaintiff visited Defendant Midwest Motors to purchase a vehicle. He selected a 2013 Kia Optima, and agreed to purchase it by trading in… Read More