United States Sixth Circuit

District court erred in failing to construe federal Truth in Lending Act (TILA) liberally in plaintiff's favor in its dismissal of class action complaint; over-limit fee falls squarely within the statutory definition of "finance charge," but because defendants relied on the plain meaning of conflicting statutes, they are not liable for damages, however, plaintiffs may proceed for equitable relief upon remand.

Appellate Information

• Decided 04/11/2002
• Published 04/11/2002

Judges

• Before CLAY and GILMAN, Circuit Judges;  EDGAR, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John T. Murray (briefed), Sylvia M. Antalis (argued and briefed), Murray & Murray, Sandusky, OH, for Appellant., William G. Porter II (argued and briefed), John J. Todor (argued), Vorys, Sater, Seymour & Pease, Columbus, OH, for Household Credit Services, Inc.


• For Appellees:
  
• Richard C. Pepperman II (argued and briefed), Sharon L. Nelles (briefed), Sullivan & Cromwell, New York, NY, David W. Alexander (briefed), Squire, Sanders & Dempsey, Columbus, OH, for Appellees.Sylvia M. Antalis, Murray & Murray, Sandusky, OH, for MBNA America Bank, N.A.