Filed: Nov. 03, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT LATONYA ROBERTS, Plaintiff-Appellant, v. FIRST STATE BANK, Defendant-Appellee, No. 00-1297 and GEORGE LOVELACE, d/b/a D & K Auto Sales, Defendant. Appeal from the United States District Court for the Western District of Virginia, at Danville. Norman K. Moon, District Judge. (CA-99-16-4) Submitted: October 26, 2000 Decided: November 3, 2000 Before WIDENER, MICHAEL, and KING, Circuit Judges. Reversed and remanded by unpublishe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT LATONYA ROBERTS, Plaintiff-Appellant, v. FIRST STATE BANK, Defendant-Appellee, No. 00-1297 and GEORGE LOVELACE, d/b/a D & K Auto Sales, Defendant. Appeal from the United States District Court for the Western District of Virginia, at Danville. Norman K. Moon, District Judge. (CA-99-16-4) Submitted: October 26, 2000 Decided: November 3, 2000 Before WIDENER, MICHAEL, and KING, Circuit Judges. Reversed and remanded by unpublished..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
LATONYA ROBERTS,
Plaintiff-Appellant,
v.
FIRST STATE BANK,
Defendant-Appellee, No. 00-1297
and
GEORGE LOVELACE, d/b/a D & K
Auto Sales,
Defendant.
Appeal from the United States District Court
for the Western District of Virginia, at Danville.
Norman K. Moon, District Judge.
(CA-99-16-4)
Submitted: October 26, 2000
Decided: November 3, 2000
Before WIDENER, MICHAEL, and KING, Circuit Judges.
Reversed and remanded by unpublished per curiam opinion.
COUNSEL
Elmer Woodard, Danville, Virginia, for Appellant. Jerry L. Williams,
Jr., WILLIAMS, LUCK & WILLIAMS, Danville, Virginia, for
Appellee.
2 ROBERTS v. FIRST STATE BANK
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Latonya Roberts sued First State Bank and George Lovelace for
violating the Truth-in-Lending Act and state law in the sale of an
automobile. The district court denied Roberts’ motion for summary
judgment and dismissed her action on the ground that the defendants
were not required to provide the disclosures mandated by Regulation
Z of the Truth-in-Lending Act in a form Roberts could keep prior to
the consummation of the transaction. See Roberts v. First State Bank,
No. CA-99-16-4 (W.D. Va. Mar. 7, 2000). This Court recently held
to the contrary, stating that the required disclosures must be made in
writing, in a form the consumer can keep, before consummation of
the transaction. See Polk v. Crown Auto, Inc.,
221 F.3d 691, 692 (4th
Cir. 2000). Although the district court did not have the benefit of our
Polk opinion when it ruled in this case, we must, under Polk, reverse
the district court’s order dismissing Roberts’ action and remand the
case for further proceedings. We dispense with oral argument because
the facts and legal contentions are adequately presented in the materi-
als before the court and argument would not aid the decisional pro-
cess.
REVERSED AND REMANDED