JOHNSON v. WEST SUBURBAN BANK

No. 00-5047.

225 F.3d 366 (2000)

Terry JOHNSON, v. WEST SUBURBAN BANK; Tele-Cash Inc.; County Bank of Rehoboth Beach, Delaware, Tele-Cash Inc.; County Bank of Rehoboth Beach, Delaware, Appellants.

United States Court of Appeals, Third Circuit.

Filed August 29, 2000.


Attorney(s) appearing for the Case

Walter Weir, Jr., Susan Verbonitz, (Argued), Weir and Partners, LLP, Philadelphia, PA, James D. Griffin, Griffin & Hackett, Georgetown, DE, Counsel for Appellants.

Cathleen M. Combs, (Argued), John M. Broderick, Edelman, Combs & Latturner, Chicago, IL, William L. O'Day, Jr., Law Office of William L. O'Day, Jr., Wilmington, DE, Counsel for Appellee.

Christopher R. Lipsett, Eric J. Mongilnicki, Michael D. Leffel, Wilmer, Cutler & Pickering, Washington, DC, Counsel for Amici Curiae, The Delaware Retail Council; The New Jersey Retail Merchants Association; The Pennsylvania Retailers Association.

Richard P. Eckman, Stephen G. Harvey, Jeffrey K. Techentin, Pepper Hamilton, LLP, Philadelphia, PA, Counsel for Amici Curiae, American Bankers Association, American Financial Services Association, Consumer Bankers Association, and Delaware Bankers Association.

Before BECKER, Chief Judge, SLOVITER and NYGAARD, Circuit Judges.


OPINION OF THE COURT

BECKER, Chief Judge.

This appeal arises under the Truth in Lending Act ("TILA"), 15 U.S.C. § 1601 et seq., and the Electronic Fund Transfer Act ("EFTA"), 15 U.S.C. § 1693 et seq. Plaintiff Terry Johnson, who entered into a short-term loan agreement with County Bank of Rehoboth Beach, Delaware ("Bank"), contends that the terms of the loan violated both the TILA and the EFTA. He seeks to bring a class action suit against...

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