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Gallegos v. Stokes

Tenth Circuit

593 F.2d 372 (1979)

Relevant factsFree

Inez Gallegos (plaintiff) bought a truck from dealership manager Mel Stokes (defendant), trading in her station wagon and selling jewelry for the down payment and agreeing to monthly installments; she wanted the truck to transport herself and her family and belongings, and hoped to eventually use it to sell produce, though she had no existing produce business at the time of purchase. After she missed her first payment, the truck was repossessed and her down payment kept; she sued alleging the transaction was a consumer-credit transaction under the Truth in Lending Act that Stokes failed to properly disclose, the trial court ruled for her, and Stokes appealed.

IssueFree

Whether a purchase made primarily for personal use, but with a secondary, not-yet-realized business purpose, qualifies as a consumer transaction subject to the Truth in Lending Act.

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