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Consumer Law Keyed to Whaley, 9th Ed.
Mirabal v. General Motors Acceptance Corporation
Citation:
537 F.2d 871 (1976)Facts
In July 1971, John and Sharon Mirabal purchased a new 1971 Buick Skylark from Ed Murphy Buick-Opel, Inc. for a cash price of $4,497.65. They made a down payment of $2,296.65, including a $600 trade-in allowance for their 1964 Rambler, and financed the remaining $2,460 through GMAC. The retail installment contract required them to purchase $259 in physical damage insurance and imposed a finance charge of $511.80, resulting in a total deferred payment price of $2,971.80 payable in 36 monthly installments of $82.55. The contract disclosed an annual percentage rate of 11.08 percent. Approximately one week after the transaction, GMAC sent a letter to the Mirabals stating that the annual percentage rate had been understated by 1.75 percent and should have been disclosed as 12.83 percent, though the plaintiffs denied receiving this letter. The Mirabals subsequently filed suit alleging numerous violations of federal and state consumer credit protection laws.
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