If a dealer intentionally doesn’t provide the required TILA disclosure, can you file a criminal complaint with the police?

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If a dealer intentionally doesn’t provide the required TILA disclosure, can you file a criminal complaint with the police?

I went into a dealer to purchase a moped. I fill out a generic application expecting to get the moped financed via installment loan. The finance manager at the dealer completely fills out a “HSBC Credit Card” application which he didn’t disclose to me and I wouldn’t have consented to a credit card anyway. He never provided me to TILA disclosure which I found out would be a tear off portion on the bottom of the application. I find out 33 days later that it was in fact a credit card because I had no document from the dealer that revealed how it was financed to include TILA.

Asked on November 23, 2010 under General Practice, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to contact your state's department of financial institutions to find out whether that agency regulates the car dealer. Further, bank applications can take different forms (for better or worse) when filled out by the dealer but it may indeed be a vehicle loan.  Also, consider that if this was a credit card application, check to see if your department of financial institutions covers small loan lenders.  If the credit card application was not something to which you had knowledge or agreed to fill out, you need to also contact your state's attorney general.


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