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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption