United States Sixth Circuit

The "tolerance provision" found in the Truth in Lending Act (TILA), 15 U.S.C. section 1605(f), does not impose an independent pleading hurdle for TILA plaintiffs, and should be construed as a potential affirmative defense, rather than as an essential element of a finance charge disclosure claim.

Appellate Information

• Argued 10/26/2001
• Decided 02/26/2002
• Published 02/26/2002

Judges

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

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John E. Anding (briefed), Christopher G. Hastings (argued and briefed), Drew, Cooper & Anding, Grand Rapids, MI, for Plaintiffs-Appellant.


• For Appellees:
  
• George G. Kemsley (briefed), Bodman, Longley & Dahling LLP, Detroit, MI, James J. Walsh (argued and briefed), Bodman, Longley & Dahling LLP, Ann Arbor, MI, for Defendant-Appellee.