State v. Terry Buick, Inc.
New York Supreme Court
520 N.Y.S.2d 497, 137 Misc. 2d 290 (1987)
- Written by Heather Whittemore, JD
Facts
Terry Buick, Inc. (defendant) was a car dealership in New York. Terry Buick had large signs outside its business and on its showroom windows stating that it sold cars without requiring any down payment and through loans that required monthly payments of only $99. The actual terms of its sales, which were more expensive than the deals advertised, were included on small stickers placed on the windows of cars. New York (the state) (plaintiff) filed a lawsuit in state court against Terry Buick, alleging that Terry Buick violated the Truth in Lending Act and Regulation Z by failing to disclose its payment and financing terms clearly and truthfully in its advertisements. The state also alleged that Terry Buick violated state business laws by falsely and misleadingly advertising its products. The state filed a motion for a preliminary injunction prohibiting Terry Buick from advertising false credit terms.
Rule of Law
Issue
Holding and Reasoning (Benson, J.)
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