Shannon v. Carter’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 16 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The primary purpose of 1640, entitled “Civil liability,” is enforcement of the TILA, not compensation for injury that the debtor suffered. This is evidenced by the fact that the original act had no provision permitting the debtor to recover for actual damage suffered. The plaintiff states in her brief: “Congress intended private civil actions to be the primary method of enforcing the Truth in Lending Act.” (Amici contend to the contrary.) Congress has provided that debtors bringing private civil actions to enforce the TILA must file their actions within one year from the date of the occurrence of the violation. It is not “unfair” or “unjust” to hold that if they fail to attempt to enforce the provisions of the act within the one year by affirmative action they are barred from doing it by way of defense. Whatever monetary gain debtors may receive from private civil action is primarily intended not as compensation for injury to debtors but as a deterrent for lenders. It may be argued that usually debtors will first become aware of violations of the TILA when the debtor become delinquent, is sued by the creditor, and the debtor consults an attorney; and this is frequently more than one year after violation. If this is a practice so common that we should accept it as a legislative fact, the practice certainly would have been brought to the attention of Congress and caused it either to provide for a longer statute of limitations or to provide that the statute does not apply to cla”

   1 later decision quote this exact passage
   e.g. Public Finance Service of Central Miami, Inc. v. Mixon

2. “The Congress finds that e'conomic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit.”

   1 later decision quote this exact passage
   e.g. Pacific Concrete Federal Credit Union v. Kauanoe

3. “Any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation.”

   1 later decision quote this exact passage
   e.g. Aetna Finance Co. v. Pasquali