Poulin, et al. v. Balise Auto Sales Inc., et al., No. 10-1779 (2d Cir. 2011)
Annotate this CasePlaintiffs, seeking to represent a class of customers with poor credit who purchased used automobiles from defendants, appealed from a judgment of the district court dismissing their complaint for failure to state a claim upon which relief could be granted. The complaint asserted that defendants violated the Truth in Lending Act (TILA), 15 U.S.C. 1601, et seq., and various state laws by burying hidden finance charges in the prices that plaintiffs were charged for these automobiles where defendant advertised the newer, more valuable used cars in its inventory at market prices, but sold the older, less valuable used cars to subprime credit customers for prices substantially higher than the market prices listed in the same guide. The court held that because the complaint did not contain any allegation for which it could plausibly be inferred that defendants failed to disclose a finance charge to plaintiffs, the judgment of the district court was affirmed.
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