Virachack

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiffs Malinee and Ritnarone Vira-chack have filed this class action on behalf of themselves and others similarly situated alleging violations of the Federal Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., by the defendant automobile dealer Bob Baker Ford. The parties have filed cross-motions for summary judgment. The dispositive issue before the court is whether a car dealership must disclose to the consumer a withheld manufacturer’s rebate which is available to cash and credit purchasers but unavailable to consumers who receive a promotional annual percentage rate of interest (“APR”). Pursuant to Local Rule 7.1(d)(1), the court finds these motions appropriate for decision without oral argument.

II. BACKGROUND

The essential relevant facts are undisputed. In November 2001, plaintiffs entered into a Retail Installment Sales Contract and purchased a new Ford Explorer for a stated price of roughly $20,000 (excluding tax, license, dock fees, etc.) at a stated APR of 0.9%. Under this stated APR, defendant disclosed to plaintiffs that they…