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ORTIZ v. RENTAL MANAGEMENT, INC.

No. 95-5035.

65 F.3d 335 (1995)

Naomi ORTIZ, on behalf of herself and all others similarly situated v. RENTAL MANAGEMENT, INC. t/a Prime Time Rental, Naomi Ortiz, on behalf of herself and the uncertified class consisting of all residents of New Jersey who are or have been parties to contracts to rent to own merchandise from Defendant and have been charged illegal fees and/or interest since April 13, 1988, Defendant, its agents, employees, and all related entities excluded therefrom, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 12, 1995.

Attorney(s) appearing for the Case

Philip Stephen Fuoco, Haddonfield, NJ, Lisa J. Rodriguez (argued), Lisa Chanow Dykstra, Chimicles, Jacobsen & Tikellis, Haverford, PA, for appellant.

J. Samuel Choate, Jr. (argued), Alexandria, VA, Jeffrey Zucker, Abraham Pressman & Bauer, Philadelphia, PA, for appellee.

Before: GREENBERG, COWEN, and SAROKIN, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This appeal requires us to address whether rent-to-own agreements which are terminable at any time without additional charges fall under the purview of the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq. The district court, relying primarily on a Federal Reserve Board regulation, concluded that they do not. The court therefore granted the lessor's motion to dismiss the federal count of the...

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