Berklite v. Bill Heard Chevrolet Co.

Phipps, Judge.

Deborah Berklite sued Bill Heard Chevrolet Company, seeking damages for fraud and violation of the federal Truth in Lending Act (TILA).

Berklite purchased a new truck from Bill Heard. As a down payment, she used a $1,000 promotional coupon and wrote checks to Bill Heard in the amounts of $2,000 and $4,000. She financed the remainder of the purchase. Berklite charges Bill Heard with fraud in misrepresenting to her that the $2,000 down payment check had been destroyed and in not applying the $1,000 coupon toward her purchase. She claims that the failure to give her credit for these…