Lea v. Buy Direct, L.L.C.

755 F.3d 250 (2014)

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Lea v. Buy Direct, L.L.C.

United States Court of Appeals for the Fifth Circuit
755 F.3d 250 (2014)

AR

Facts

Lea (plaintiff) sought to join Buy Direct, L.L.C.’s (defendant) wholesale membership club. Lea signed a Retail Installment Contract and Membership agreement that required her to pay about $400 as a down payment. The installment agreement did not have a beginning date or any indication of the monthly date installment payments would be due. Lea paid $100 and authorized Direct to charge her credit card a few days later for the remainder. Soon thereafter, Lea told Direct that she wanted out of the agreement. Lea sued, arguing that Direct failed to give her the required documents under the Truth in Lending Act because Lea was not provided with dates for the start of the agreement or the installment payments. The court granted summary judgment in Direct’s favor, finding that the act did not apply because the credit transaction was never consummated. Specifically, Lea never made the full down payment under the agreement. Lea appealed.

Rule of Law

Issue

Holding and Reasoning (Southwick, J.)

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