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Consumer Law Keyed to Pridgen, 5th Ed.
Fischl v. General Motors Acceptance Corp.
Citation:
708 F.2d 143 (1983)Facts
On September 27, 1980, Terry Fischl applied for credit to finance $12,000 of a $15,000 BMW automobile purchase through a New Orleans dealership. GMAC obtained a consumer credit report from Credit Bureau Services showing Fischl earned approximately $4,000 monthly from two sales positions, owned a home with $564.80 monthly mortgage payments, and maintained an A-1 credit rating with various creditors. The report contained errors, including listing one current job as past employment and mischaracterizing a Sears account. GMAC’s credit supervisor Robert Bell determined Fischl’s credit history lacked sufficient duration and evidence of sustained monthly payments comparable to the requested financing amount. On October 3, 1980, GMAC sent Fischl a form letter stating “credit references are insufficient” and marking disclosure of credit bureau use as “inapplicable.” Fischl obtained his credit report, contacted GMAC representatives who then orally provided more specific reasons and the credit bureau’s name, and subsequently secured bank financing at a lower interest rate.
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