Taylor v. Quality Hyundai Inc. Book Reviews

Taylor v. Quality Hyundai Inc. by Seventh Circuit U.S. Court of Appeals Book Summary

Argued September 22, 1997 In Gibson v. Bob Watson Chevrolet-Geo, Inc., 112 F.3d 283 (7th Cir. 1997), this court held that consumers stated a claim under the Truth in Lending Act (TILA), 15 U.S.C. sec.sec. 1601 et seq., when they charged that automobile dealers had not disclosed their retention of a portion of extended warranty charges reported as ""Amounts Paid to Others on Your Behalf."" The two cases we have consolidated for opinion purposes, both of which were dismissed below, raise in part the same question, and in part the related question whether a dealer's assignee is liable for such alleged misrepresentations by the dealer. We conclude that Gibson controls the question of dealer liability, which is raised only in the appeal in Taylor v. Quality Hyundai, Inc., No. 96-3658, and it requires us to remand that part of the case to the district court for further proceedings. As for the assignees, however, we agree with the district courts that Congress has precluded liability unless the violation is apparent on the face of the disclosure statement or other assigned documents, and that the relevant statements here do not meet that standard. We therefore affirm the decisions below on the question of assignee liability. The facts in these cases are similar, both to each other and to the facts presented in Gibson. Jerry and Mary Taylor bought a new Hyundai Accent in July 1995, and they bought an extended warranty from the dealer, Quality Hyundai, at the same time. They signed a motor vehicle retail installment contract committing them to pay $12,081 for the car (minus a $900 down payment), and $1,395 for the extended warranty. In conjunction with the sale, Quality gave them a TILA disclosure form that included, under the now-familiar heading ""Amounts Paid to Others for You,"" an entry reporting $1,395 paid to the warranty provider. After the sale, Quality assigned the entire installment contract to Bank One Chicago (although the contract signed by the Taylors designated Bank One Milwaukee as the assignee). The story in Davita Smith's case is practically identical, except that she bought her car (a 1991 Mercury Cougar) from DeSi Auto Sales, her TILA form showed $799 ""Paid to Others for You"" for an extended warranty, and her installment contract was assigned to Guardian National Acceptance Corporation (""Guardian"").

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