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Consumer Law Keyed to Whaley, 9th Ed.
Smith v. Cash Store Management, Inc.
Citation:
195 F.3d 325 (1999)Facts
Between June 13, 1998 and September 19, 1998, Valerie Smith obtained eight payday loans from Cash Store establishments in Illinois. Each loan carried an annual interest rate of 521% and required Smith to provide a post-dated check for the full amount owed. The loan agreements stated “Security. Your post-dated check is security for this loan.” Upon each transaction, Cash Store stapled a receipt to the top of the loan agreement. These receipts labeled the finance charge in red ink as either a “deferred deposit extension fee” or “deferred deposit check fee,” while the loan agreement itself used the term “finance charge” in the federal disclosure box. Smith alleged these receipts physically covered required disclosures and used misleading terminology that contradicted or obfuscated the mandatory TILA disclosures.
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