United States Sixth Circuit

Under 12 CFR 202.3(c)(1) of Regulation B of the Equal Credit Opportunity Act, a public utility's ten percent penalty on past-due bills is not a "finance charge," and is thus an incidental credit charge.

Appellate Information

• Argued 10/26/2001
• Decided 01/22/2002
• Published 01/22/2002

Judges

• Before:  JONES and CLAY, Circuit Judges;  DOWD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Gary M. Smith (argued and briefed), Kimberly M. Skaggs (briefed), Equal Justice Foundation, Columbus, OH, for Charlotte Whitney Mays., William R. Case (argued and briefed), Michael N. Beekhuizen (briefed), Thompson, Hine & Flory LLP, Columbus, OH, for Buckeye Rural Electric Co-op., William R. Case (argued and briefed), Thompson, Hine & Flory LLP, Columbus, OH, for Frederick B. Parker.