BUFORD v. AMERICAN FINANCE COMPANY

Civ. A. Nos. 14638-14642, 14660, 14661, 14859, 14860.

333 F.Supp. 1243 (1971)

Mary BUFORD v. AMERICAN FINANCE COMPANY. Daisy LEMONS et al. v. WELCOME FINANCE COMPANY. Daisy LEMONS et al. v. JACKSON LOAN COMPANY. Daisy LEMONS v. CITY FINANCE CORP. Daisy LEMONS v. ACME INVESTMENT CO. Evelyn KINSEY v. TIME FINANCE SERVICE. Evelyn KINSEY v. CHESTERFIELD FINANCE COMPANY. Willie C. LEMONS v. TIME FINANCE COMPANY. Evelyn KINSEY v. YATES, POOLE & FOSTER, t/a Atlanta Finance Company.

United States District Court, N. D. Georgia, Atlanta Division.

On Motion for Reconsideration December 1, 1971.


Attorney(s) appearing for the Case

Margery Pitts Hames, Richard Roesel, John Harris Paer of Stack & O'Brien, Atlanta, Ga., for plaintiffs.

Lefkoff & Hanes, Atlanta, Ga., for American, Welcome, Jackson, City, Acme, and Yates.

Heyman & Sizemore, Atlanta, Ga., for Time and Chesterfield.


ORDER

EDENFIELD, District Judge.

The question in these consolidated cases is whether defendants have violated the Truth in Lending Act, 15 U.S.C. § 1601 et seq. (1970), by disclosing a notary fee of $1.00 as a separate item on their small loan disclosure statements instead of including the fee in the "finance charge" and "annual percentage rate." The court finds that they have, and that plaintiffs are entitled to recover the statutory penalty imposed...

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