Beaudreau v. Larry Hill Pontiac
Tennessee Court of Appeals
160 S.W.3d 874 (2004)
Relevant factsFree
Patrick Beaudreau (plaintiff) bought a car from Larry Hill Pontiac (defendant), which arranged his financing and told him the rate would be 13.5 percent. Beaudreau later learned the lender had actually quoted Pontiac only 11.25 percent, and Pontiac pocketed the 2.25-point difference as a "dealer reserve" without telling him. Beaudreau sued under the Tennessee Consumer Protection Act (TCPA) for failing to disclose the markup. The trial court dismissed for failure to state a claim, and Beaudreau appealed.
IssueFree
Whether a car dealer may retain a portion of the interest charged for arranging a customer's financing without disclosing that markup to the consumer.