LYNCH v. SIGNAL FINANCE CO. OF QUINCY


367 Mass. 503 (1975)

327 N.E.2d 732

WILLIAM J. LYNCH & another vs. SIGNAL FINANCE CO. OF QUINCY.

Supreme Judicial Court of Massachusetts, Norfolk.

April 28, 1975.


Attorney(s) appearing for the Case

Ronald B. Poock for the plaintiffs.

Howard L. Newell (Albert M. Newell with him) for the defendant.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.


BRAUCHER, J.

We are asked to determine what statute of limitations governs liability under G.L.c. 140C, § 10 (b), as amended by St. 1972, c. 229, § 9, the Truth-in-Lending Act. We hold that an action to enforce that liability, though denominated an action of contract, is an action for a penalty under a penal statute and is subject to G.L.c. 260, § 5, requiring that the action be commenced within one year after the offense is committed. A judge of the...

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