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Consumer Law Keyed to Whaley, 9th Ed.
Lea v. Buy Direct, L.L.C.
Citation:
755 F.3d 250 (2014)Facts
On May 16, 2012, Angela and Darrel Lea attended an Open House event at Direct Buy Houston North and decided to join the wholesale membership club for $3,995 for a three-year membership. Unable to make the required ten percent down payment that day, the Leas agreed to pay $100 immediately and $295 on June 5. The parties executed a Membership Agreement and Retail Installment Contract post-dated June 5, 2012, along with a Payment Agreement. The blanks for the day of each month installment payments would be due and the beginning date of payments were left blank, to be determined after the down payment was fully paid. Multiple payment processing issues occurred, and the Leas attempted to cancel their membership on June 21. Direct Buy eventually refunded all payments and canceled the membership on August 8. The Leas sued on October 29, alleging Direct Buy violated TILA by failing to include payment due dates on the installment contract.
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