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DAVIS v. PACIFIC CAPITAL BANK, N.A.

No. 07-56236.

550 F.3d 915 (2008)

Felicia D. DAVIS, for herself and for all others similarly situated, Plaintiffs-Appellants, v. PACIFIC CAPITAL BANK, N. A., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2008.

Attorney(s) appearing for the Case

Jordan M. Lewis, Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, MN, for the plaintiff-appellant.

Brad W. Seiling, Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for the defendant-appellee.

Before: MYRON H. BRIGHT, STEPHEN S. TROTT, and HAWKINS, Circuit Judges.

HAWKINS, Circuit Judge:

Must a creditor who imposes a flat finance charge that does not vary with the term of a Refund Anticipation Loan refund a portion of the charge as "unearned interest" under 15 U.S.C. § 1615 when the loan is repaid earlier than anticipated in the loan agreement? Concluding that the finance charge in question is not an "interest" charge, we answer no and affirm.1

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