Bozeman v. Tifton Federal Savings & Loan Ass'n

I concur in the judgment of the majority, but point out that my agreement is based upon the failure of the movant to carry its burden on summary judgment rather than the strength of appellant’s evidence. Appellant will, however, at trial have the heavy burden of proving appellee’s wilful violation of the statute. See OCGA § 10-1-38 (c).

*654There is no question that appellee violated OCGA § 10-1-33 by computing certain finance charges using an illegal method. This violation triggered the penalty provision of OCGA § 10-1-38 (b). “The entire finance charge was therefore forfeited.” Bozeman v. Tifton…