United States Ninth Circuit

A creditor who imposes a flat finance charge that does not vary with the term of a Refund Anticipation Loan does not have to refund a portion of the charge as "unearned interest" under 15 U.S.C. section 1615 when the loan is repaid earlier than anticipated in the loan agreement.

Appellate Information

• Argued 11/17/2008
• Decided 12/24/2008
• Published 12/24/2008

Judges

• HAWKINS, Circuit Judge:, Before:  MYRON H. BRIGHT,STEPHEN S. TROTT, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jordan M. Lewis, Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, MN, for the plaintiff-appellant.


• For Appellees:
  
• Brad W. Seiling, Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for the defendant-appellee.