Houston Independent Automobile Dealers Association April Issue: Collections | Page 19

marked up the Ford's sale price to make up for the fact that it gave the buyer more for his tradein than it was worth. The federal trial court dismissed the TILA claim. Because the "Cash for Clunkers" offer applied to both cash and credit sales, the court found that there was no hidden finance charge. The fact that the buyer might have been able to buy the Ford for a lower price if the deal did not include the "clunker" trade-in was irrelevant. See Gregory v. Metro Auto Sales, Inc., 2016 U.S. Dist. LEXIS 9993 (E.D. Pa. January 27, 2016). So there’s this month’s roundup! Stay legal, and we’ll see you next month. ___ Tom ([email protected]) and Nikki ([email protected]) are partners in the law firm of Hudson Cook, LLP. Tom has written several books and is the publisher of Spot Delivery®, a monthly legal newsletter for auto dealers. He is Editor in Chief of CARLAW®, a monthly report of legal developments for the auto finance and leasing industry. Nikki is a contributing author to the F&I Legal Desk Book and frequently writes for Spot Delivery. For information, visit www.counselorlibrary.com. Copyright CounselorLibrary.com 2016, all rights reserved. Single publication rights only, to the Association. (3/16). HC# 4840-4850-0270.