Sample Complaint for Damages

1 Appendix DSample Complaint for DamagesThis is a Sample pleading for demonstration purposes only,and must be adapted by a competent professional to meet thecircumstances of a given case and the requirements of local rulesand examples of Truth in Lending complaints fordamages in both printed and electronic form include:1 Complaint seeking Damages for hidden finance charge incar sale,Consumer Class Actions, Appx. (4th ed. 1999);1 Complaint seeking Damages for untimely disclosure,Con-sumer Class Actions, Appx. (4th ed. 1999);1 Complaint asserting TIL disclosure violations, RICO anddeceptive practices,Consumer Class Actions, Appx.

2 (4th ed. 1999);1 Complaint seeking Damages for disclosure violations,Con-sumer Law Pleadings With Disk,Number One (1994);1 Class Complaint and individual Complaint seeking dam-ages under HOEPA,Consumer Law Pleadings With Disk,Number Four , (1998);1 Class Complaint for Damages involving land installmentcontracts,Consumer Law Pleadings With Disk, Number Three (1997).Examples of complaints seeking Damages for violations of theConsumer Leasing Act can be found in:1 Complaint seeking Damages for violation of Consumer Leas-ing Act and deceptive practices,Consumer Class Actions,Appx. (4th ed.)

3 1999);1 Complaint alleging violations of state law,Consumer LawPleadings With Disk, Number One (1994).In addition, NCLC also has available various pleadings seek-ing attorneys fees pursuant to Truth in Lending s fee-shiftingprovision:1 Attorney Fees Motion with Memorandum of Law in Set-tled Truth in Lending Case,Consumer Law Pleadings WithDisk,Number One (1994);1 Attorney s Affidavit in Support of Fees in Settled TIL Case,Consumer Law Pleadings With Disk,Number One (1994);1 Attorney Fees Petition for Successful Appeal of TIL De-cision,Consumer Law Pleadings With Disk,Number One (1994).

4 1 Affidavit in Support of Appellate Attorney Fees,Con-sumer Law Pleadings With Disk,Number One (1994);1 Expert s Affidavit in Case Seeking Appellate AttorneyFees,Consumer Law Pleadings With Disk,Number One (1994).UNITED STATES DISTRICT COURTDISTRICT OF))MOLLY CONSUMER,)Plaintiff,)v.)))CREDIT-R-US, Inc.)Defendant)Civ. PRELIMINARY STATEMENT1. Plaintiff institutes this action for actual Damages ,2statu-tory Damages , attorneys fees, and the costs of this action againstdefendant Credit-R-Us for multiple violations of the Truth inLending Act, 15 1601et seq., (hereinafter TILA),and Federal Reserve Board Regulation Z, 12 226,promulgated pursuant thereto, and for violations of theConsumer Loan Act, , as pen-dent JURISDICTION2.

5 The jurisdiction of this court for the First Cause of Ac-tion is invoked pursuant to the Truth in Lending Act, 15 1640(e) and 28 1331 and Jurisdiction of this court for the pendent claims is autho-rized by Fed. R. Civ. P. 18(a).III. PARTIES4. The plaintiff, Molly Consumer, is a natural person cur-rently residing This Complaint is solely for monetary Damages pursuant to15 1640. For a Sample Complaint seeking rescissionof a transaction secured by a consumer s principal dwellingpursuant to 15 1635, see Appendix F, Under 15 1640(a), it is not necessary to allege orto prove actual Damages to recover statutory Damages .

6 Aprayer for actual Damages should not be included unlessevidence will be offered to support such a claim, thoughwhen the finance charge and APR are understated, such aclaim may be ,suprafor a discussionof proof of actual Refer to state statute under which pendent claims, if any,are Defendant Credit-R-Us, Inc. is a domestic corporationduly licensed under the Consumer Loan Act, Chapterof the laws of the state ofand doing business within this At all times relevant hereto, the defendant regularly4extended or offered to extend consumer credit for which afinance charge is or may be imposed or which, by writtenagreement, is payable in more than four installments, and isthe person to whom the transaction which is the subject ofthis action is initially payable, making defendant a creditorwithin the meaning of TIL, 15 1602(f) and Regula-tion Z (a)(17).

7 IV. FACTUAL ALLEGATIONS7. On or about November 10, 1995, plaintiff made a telephoneinquiry to Credit-R-Us about obtaining credit to purchase a usedautomobile for personal, family and household On or about November 10, 1995, plaintiff executed apromissory note and security agreement for that purpose, whichtransaction is a consumer credit transaction within the mean-ing of TILA, 15 1602 and Regulation Z and accurate copy of the combined note and securityagreement is attached hereto as Exhibit A, and is hereby in-corporated by The security agreement lists as collateral the automobilepurchased with the proceeds of this loan, a camera, tools, andhunting Defendant did not provide a copy of the loan docu-ments to plaintiff on November 10, 1995.

8 On or about Novem-ber 13, 1995, she received in the mail a copy of the note,security agreement, Truth in Lending disclosure statement,and a loan payment book. A true and accurate copy of thedisclosure statement is attached hereto as Exhibit B, and ishereby incorporated by reference. Prior to November 13, 1995,she had not seen or received a copy of the Truth in Lendingdisclosure The Truth in Lending Disclosure statement prepared bydefendant disclosed an amount financed of $1500, a financecharge of $420, an annual percentage rate of , and asecurity interest in the automobile purchased and in house-hold Included as part of the $1500 amount financed were thefollowing charges:a.

9 $ service charge;b. $ attorney fee for preparation of chattel mortgagedocuments;c. $ credit report fee;d. $ nonfiling insurance;e. $ credit life insurance premium;f. $ VSI property FIRST CAUSE OF ACTION13. The disclosure statement issued in conjunction with thisconsumer credit transaction violated the requirements of Truthin Lending and Regulation Z in the following and other re-spects:7a. By failing to provide the required disclosures prior toconsummation of the transaction in violation of 15 1638(b) and Regulation Z (b).8b. By failing to make required disclosures clearly and con-spicuously in writing in violation of 15 1632(a)and Regulation Z (a).

10 9c. By failing to properly identify property subject to a secu-rity interest in violation of 15 1638(a)(9) andRegulation Z (m).10d. By failing to include in the finance charge certain chargesimposed by defendant payable by plaintiff incident tothe extension of credit as required by 15 1605and Regulation Z , thus improperly disclosing thefinance charge in violation of 15 1638(a)(3) andRegulation Z (d). Such amounts include, but arenot limited to:11i. $45 service charge, 15 1605(a)(2); RegulationZ (b)(2);12ii. $75 attorney fee, 15 1605(a), Regulation Z (a);13iii. $25 credit report fee, 15 1605(a)(4), Regula-tion Z (b)(4);144 For a definition of regularly, see Regulation Z (a)(17)note 3; , TILA applies solely to consumer credit transactions.