Tripp v. Charlie Falk's Auto Wholesale Inc.

290 F. App'x 622
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 29, 2008
Docket01-2134
StatusUnpublished
Cited by6 cases

This text of 290 F. App'x 622 (Tripp v. Charlie Falk's Auto Wholesale Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tripp v. Charlie Falk's Auto Wholesale Inc., 290 F. App'x 622 (4th Cir. 2008).

Opinions

WILLIAMS, District Judge:

This appeal involves the interpretation of two federal statutes: the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601, et seq., and the Motor Vehicle Information and Cost Savings Act (the “Federal Odometer Act” or “FOA”), 49 U.S.C. § 32701, et seq. Appellants Arthur and Linda Tripp (the “Tripps”) appeal the district court’s denial of their motion for summary judgment and the granting of Charlie Falk Auto Wholesale, Inc.’s (“CFAW”) motion for summary judgment on both of the Tripps’ claims arising under TILA and the Federal Odometer Act. Because the Tripps have failed to show that there are genuine issues of material fact that CFAW violated either TILA or the Federal Odometer Act, we affirm the district court’s ruling.

I.

On August 7, 1999, the Tripps entered into a deal at CFAW for the purchase of a 1994 Ford Taurus (the “vehicle”), which they intended to finance. After the Tripps had selected the vehicle and negotiated the basic terms of the deal, a CFAW employee placed several documents (the “transaction documents”) before them to read and sign. The primary transaction documents were as follows: the Buyer’s Order; the Motor Vehicle Installment Sale Contract, which included the Truth-in-Lending Disclosures, the Promissory Note, and the Security Agreement (the “credit contract”); the Re-Assignment of Title by Virginia Motor Vehicle Dealer Form (the “Re-Assignment Form”); a document entitled “Important [624]*624Notice;” and the Application for Certificate of Title and Registration.

The Buyer’s Order itemized the sale price of the vehicle and other amounts to be paid. It also contained an odometer disclosure statement, showing that the vehicle had a total mileage of 67,154 miles. This document included a provision entitled “Seller’s Right to Cancel,” which essentially provided that if the financing deal had not been accepted by the financing company — Future Finance Company, Inc. (“Future Finance”) — the Seller could void the contract. This clause provided for the return of the vehicle and allowed the Buyer to receive his down payment, less any mileage charges or physical damage or other expenses incurred in recovering the vehicle.

The Credit Contract is the document setting forth the terms and conditions of the financing deal in addition to the required TILA disclosures. This document also contained a provision regarding the contingency of the contract on the approval of the financing agreement by Future Finance. The Credit Contract, like the Buyer’s Order, included a section entitled “Itemization of Amounts Owed,” which reflected the inclusion of a $395.00 processing fee in the total amount financed.

The Important Notice document contains an exact reprint of a provision from the sales contract, notifying the buyer and co-buyer that the vehicle must be returned to the dealer if the financing agreement is not approved. The document also included a provision at the top of the page that the buyer is to read the notice carefully and sign below, “acknowledging complete understanding” of the contract and its terms.

The Re-Assignment Form is a document that transferred title to the vehicle from CFAW to the Tripps and also identified Future Finance as the lienholder on the vehicle. Additionally, this document contained the odometer disclosure statement, which also showed a mileage reading of 67,154 on the date of purchase, August 7,1999.

Finally, the Application for Certificate of Title and Registration disclosed the owner’s information, the lienholder’s information, as well as the mileage disclosure and the date of purchase.1

A CFAW employee presented and explained these documents to the Tripps, and afterwards, the Tripps signed each document, thereby completing the transaction and contractually binding themselves. The deal required the Tripps to make a $1,000 down payment, $500 of which was initially paid the Tripps, with the remaining balance being paid in two installments within the next two weeks. That same day, the Tripps left the dealership with the vehicle.

On August 24, 1999, CFAW informed the Tripps that Future Finance had not approved the deal. CFAW then gave the Tripps the option to restructure a new deal, which would require an additional $500 down payment, or they could return the vehicle. The Tripps did not agree to either of these options, and CFAW subsequently took possession of the vehicle. Thereafter, on August 25, 1999, Mr. Tripp went to CFAW and requested the return of his down payment. He was told that he could receive a refund that day only if he went to the Norfolk dealership. Thereafter, the Tripps went to Norfolk, Virginia, to receive their refund. They were asked again by a CFAW employee to renegotiate [625]*625the deal but refused. Before the Tripps could receive their refund, they were required to sign a Release Form, which purported to release CFAW from any liability and prevent the Tripps from bringing any suit or claim against CFAW regarding the purchase of the vehicle. After deducting the contractual mileage charge, the Tripps received a check in the amount of $656.80 and cashed it that day.

On August 8, 2000, the Tripps initiated this lawsuit by filing their complaint in the Eastern District of Virginia.2 Both parties filed motions for summary judgment: the Tripps moved for summary judgment on the TILA and the Virginia Consumer Protection Act claims, and CFAW moved for summary judgment on the TILA and the Federal Odometer Act claims. After hearing oral argument, the district court found that the Release signed by the Tripps was unenforceable and not supported by adequate consideration, and thus not a valid contract. The district court then ruled on the federal law claims, denying the Tripps’ motion for summary judgment and granting CFAW’s motion for summary judgment. The district court also declined to exercise supplemental jurisdiction over the state law claims and accordingly dismissed those claims.3

II.

Summary judgment is appropriate when “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). In reviewing a grant of summary judgment, we apply the same standards as the district court, and our scope of review is de novo. Seabulk Offshore, Ltd. v. Am. Home Assur. Co., 377 F.3d 408, 418 (4th Cir.2004). On summary judgment, any permissible inferences to be drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587-88,106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The Tripps appeal the district court’s ruling granting summary judgment to CFAW on the TILA and the Federal Odometer Act claims as well as its decision to decline jurisdiction over the state law claims. We shall address each claim individually.

III.

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290 F. App'x 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tripp-v-charlie-falks-auto-wholesale-inc-ca4-2008.