BRAGG v. BILL HEARD CHEVROLET, INC.

No. 03-11384.

374 F.3d 1060 (2004)

Randal S. BRAGG, Robert I. Crabtree, et al., Plaintiffs-Appellants, v. BILL HEARD CHEVROLET, INC. — PLANT CITY, WFS Financial, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 25, 2004.


Attorney(s) appearing for the Case

Keith E. Hope, The Hope Law Firm, P.A., Holmes Beach, FL, J. Daniel Clark, Clark, Charlton & Martino, P.A., Tampa, FL, for Plaintiffs-Appellants.

Joseph H. Lang, Jr., Carlton Fields, St. Petersburg, FL, Chris S. Coutroulis, D. Matthew Allen, Marty Solomon, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, FL, for Defendants-Appellees.

Thomas D. Domonoske, Harrisonburg, VA, for Amicus Curiae, Nat. Ass'n of Consumer Advocates.

Roger Slade, Pathman, Lewis, P.A., Miami, FL, for Amicus Curiae, FL Auto. Dealers Ass'n.

Before BLACK, BARKETT and STAHL, Circuit Judges.


STAHL, Circuit Judge:

The issue before us is whether the district court correctly determined that plaintiff-appellant Randal Bragg failed to state a claim under the Truth in Lending Act, 15 U.S.C. § 1601, et seq. ("TILA") against defendant-appellee Bill Heard Chevrolet Inc.-Plant City ("Bill Heard"). We hold that Bragg's complaint does state a claim under TILA, and reverse the decision below.

I. BACKGROUND...

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