Luczak v. General Motors Acceptance Corp.

CURTIN, Chief Judge.

This case concerns the validity of a General Motors Acceptance Corporation [“GMAC”] car loan agreement. It is in federal court because plaintiff claims the GMAC standardized contract form violates the federal Truth In Lending Act [hereinafter “TILA”], 15 U.S.C. § 1638. Although this is not a class action, the case is significant because the penalties under the New York Motor Vehicle Installment Sales Act, for willfully violating the TILA, include voiding any credit service, delinquency, collection or refinancing charges. New York Personal Property Law, § 302(5)(1), 307(2).…