David Gambardella v. G. Fox & Co.

I concur in the Court’s judgment and in all portions of Judge Lumbard’s opinion except Part A.l. concerning the claim that G. Fox failed to disclose, or misleadingly disclosed, the amount of the payment necessary to avoid additional finance charges. In the majority’s view, no violation occurred because, under its construction of the Truth in Lending Act (TILA), 15 U.S.C. § 1637(b)(10) (1976), and Regulation Z, 12 C.F.R. § 226.7(b)(l)(ix), p. 593 (1982) (preOctober 1, 1982, version), a creditor must notify a customer only of the date by which payment must be made to avoid finance charges, but…