Gibson v. Bob Watson Chevrolet-Geo, Inc.

112 F.3d 283 (1997)

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Gibson v. Bob Watson Chevrolet-Geo, Inc.

United States Court of Appeals for the Seventh Circuit
112 F.3d 283 (1997)

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  • Written by Alex Ruskell, JD

Facts

Gibson (plaintiff) bought a used car from Bob Watson Chevrolet-Geo, Inc. (defendant) on credit. Bob gave Gibson an “Itemization of Amount Financed” statement that contained a category for “Amounts Paid to Others on Your Behalf.” Under that category was an entry that read: “To North American for Extended Warranty $800.00.” Bob admitted that a substantial amount of that $800 was retained by Bob. Gibson sued, arguing that Bob violated the Truth in Lending Act by failing to disclose Bob retained some of the $800. Bob moved to dismiss, and the court granted the dismissal. Gibson appealed.

Rule of Law

Issue

Holding and Reasoning (Posner, C.J.)

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Casebooks

Consumer Law

Key Terms

  • Truth in Lending ActA federal statute that requires a commercial lender to give a borrower exact information on the terms of any consumer credit advertised.
  • Finance ChargeAny charge or fee imposed on a consumer by a creditor as an incident to or condition of the extension of credit.

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