Ehlert v. Ward

I concur in the principal opinion except as to that part which denies appellant attorney’s fees. The clear language of the Truth in Lending Act directs that “any creditor who fails to comply with any requirement is liable . . . in an amount equal to the sum of [actual damages and in individual actions twice the finance charges and] ... (3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court.” 15 U.S.C. § 1640(a)(3) (1976) (emphasis added). Just last year, in a case dealing with…