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THOMKA v. A. Z. CHEVROLET

April 16, 1979

Albert E. THOMKA, Plaintiff,
v.
A. Z. CHEVROLET, INC., Defendant



The opinion of the court was delivered by: ROSENBERG

The plaintiff, Albert E. Thomka, brings this action for statutory damages against the defendant, A. Z. Chevrolet, Inc., for the alleged violations of the Federal Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq., and Federal Reserve Regulation Z, 12 CFR § 226.1 et seq.

The defendant denying the plaintiff's claims, asserts that it has complied with the applicable provisions of the Federal Consumer Credit Protection Act and the Federal Reserve Regulations.

 In the various charges made by the plaintiff to sustain a claim in this action, he charged that the defendant failed to make the required disclosures prior to the consummation of the transaction in violation of 15 U.S.C. § 1667a and Regulation Z, 12 CFR 226.15(a) in that the defendant failed to disclose the total amount payable under the lease and the term for officials fees, registration, certificate of title and the like, and failed to disclose the total amount of other charges not included in the periodic payments; that it failed to disclose the type and amount of insurance coverage required; that it failed to disclose express warranties or guarantees; that it failed to identify the party responsible for maintaining or servicing the leased property; that it failed to describe any security interest held or to be retained by the lessor appropriately; that it failed to disclose delinquency penalties or late payment charges; that it failed to disclose any option which the plaintiff would have in purchasing the property and under what circumstances; and that it failed to disclose the conditions under which the lessee or lessor could terminate the lease prior to the end of the term.

 In all of the evidence presented in this case, I find nothing to give credible support to the charges made by the plaintiff. Since this is a lease contract it comes under Part-E Consumer Leases (New), § 1667a, where the law requires that the lessor shall give the lessee, prior to the consummation of the lease, a dated written statement on which the lessor and lessee are identified setting out accurately in a clear and conspicuous manner the following points:

 
1. A brief description and identification of the leased property;
 
2. The amount of any payment by the lessee required at the inception of the lease;
 
3. The amount payable by lessee for fees, registration, certificate of title, or license fees or taxes;
 
4. The amount of other charges payable by lessee not included in the periodic payments;
 
5. A statement of the amount or method of determining the amount of any liabilities the lease imposes upon the lessee at the end of the term and whether or not the lessee has the option to purchase the leased property and at what price and time;
 
6. A statement relating to all express warranties and guarantees;
 
7. A description of insurance and payments required;
 
8. A description of security interest retained by lessor with identification of property;
 
9. The number, amount and due dates or periods of payments under the lease and total amount ...

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