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Consumer Law Keyed to Pridgen, 5th Ed.
Virachack v. University Ford
Citation:
410 F.3d 579 (2005)Facts
On November 18, 2001, the Virachacks purchased a Ford Explorer from Bob Baker Ford using a retail installment contract with a promotional annual percentage rate of 0.9%. The contract disclosed a finance charge of $417.47, an amount financed of $22,615.33, and required 48 monthly payments of $479.85. Ford Motor Company was offering a $2,000 rebate to customers purchasing the same vehicle model, but this rebate was not available to customers who chose the 0.9% promotional financing rate. The rebate availability also depended on the customer’s geographical location. According to Bob Baker Ford’s finance manager, Nathaniel Torres, the Virachacks could have received the rebate if they had financed at a non-promotional interest rate through Ford Motor Credit Company or through other lenders. The foregone rebate was not disclosed in the Federal Truth-in-Lending Disclosure statement provided to the Virachacks.
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