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Beaudreau v. Larry Hill Pontiac

Tennessee Court of Appeals
160 S.W.3d 874 (2004)


Facts

Patrick Beaudreau (plaintiff) purchased a car from Larry Hill Pontiac/Oldsmobile/GMC, Inc. (Pontiac) (defendant). Pontiac helped Beaudreau obtain financing from a lender in order to purchase the car. Pontiac told Beaudreau that the financing would be charged at an annual rate of 13.5 percent. Beaudreau later learned that the lender had only quoted Pontiac an annual rate of 11.25 percent and that Pontiac had added the additional percentage points to retain the difference. Beaudreau sued Pontiac for failing to inform him that Pontiac was retaining a portion of the interest charged, alleging violations of the Tennessee Consumer Protection Act (TCPA). The trial court dismissed Beaudreau’s complaint for failure to state a claim. Beaudreau appealed.

Rule of Law

Issue

Holding and Reasoning (Susano, J.)

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