Truth In Lending Act Section 1641 - Example Case

In Bernhauser v. Glen Ellyn Dodge, Inc., 288 Ill. App. 3d 984, 683 N.E.2d 1194, 225 Ill. Dec. 531 (1997) the court ruled on three consolidated appeals. No assignee was a party to any of the appeals. Bernhauser had alleged Chrysler Corporation, the manufacturer, not the finance company, conspired with the dealer to make false representations about the actual cost of the extended-service contract he was induced to buy. Chrysler never contended TILA's 1641 exempted it from liability. Bernhauser sheds no light on the question of whether exemption from Truth In Lending Act (TILA) liability should bar state law claims against an assignee.