Robert and Christine Lapetina v. Metro Ford Truck Sales, Inc.

This appeal arises from a judgment in favor of the defendant in an action brought under the Texas Consumer Credit Code (the Code), Tex.Rev.Civ.Stat.Ann. art. 5069 (Vernon 1980 Supp.). Although the defendant does not contest the fact that it contracted for an excessive time-price differential in a motor vehicle retail installment contract, the defendant did successfully maintain in the district court that this ex cessive rate was the result of a “bona fide error” and was therefore protected from Code penalties by Tex.Rev.Civ.Stat.Ann. art. 5069-8.01(f). We find, however, that the defendant’s…