Ruling to maintain cap on recoveries for finance charge violations [US SC] News
Ruling to maintain cap on recoveries for finance charge violations [US SC]

Koons Buick Pontiac GMC, Inc. v. Nigh, Supreme Court of the United States, November 30, 2004 [ruling that the damages cap of $1,000 on recoveries under the Truth in Lending Act (TILA) remained unchanged when Congress changed other TILA terms in 1995]. Excerpt:

A divided panel of the United States Court of Appeals for the Fourth Circuit held that the 1995 amendment not only raised the statutory damages recoverable for TILA violations involving real-property-secured loans, it also removed the $1,000 cap on recoveries involving loans secured by personal property. We reverse that determination and hold that the 1995 amendment left unaltered the $100/$1,000 limits prescribed from the start for TILA violations involving personal-property loans. The purpose of the 1995 amendment is not in doubt: Congress meant to raise the minimum and maximum recoveries for closed-end loans secured by real property. There is scant indication that Congress simultaneously sought to remove the $1,000 cap on loans secured by personal property.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.