Smith v. Chapman’s Empirical Analysis
1977
Citation profile
10 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 30 later decisions — most recently September 2011 · most notably American Title Insurance v. Lacelaw Corp. (1988), Smith v. Chapman (1980)
10 federal appellate · 1 district · 10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 1601 (§ 102 of the Truth in Lending Act) · 15 U.S.C. § 1602 (§ 103 of the Truth in Lending Act) · 15 U.S.C. § 1603 (§ 104 of the Truth in Lending Act) · 15 U.S.C. § 1640 (§ 130 of the Truth in Lending Act) · 15 U.S.C. § 1691E · 28 U.S.C. § 1920
Relies on United Mine Workers of America v. Gibbs · Johnson v. Georgia Highway Express, Inc. · Mourning v. Family Publications Service, Inc. · Hurn v. Oursler · Philbeck v. Timmers Chevrolet, Inc.
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The Act is aimed at providing consumers with information in order to be able to intelligently shop for credit. 15 U.S.C. § 1601 , Mourning v. Family Publications Service, Inc., 411 U.S. 356 , 93 S.Ct. 1652 , 36 L.Ed.2d 318 (1973). A `consumer credit' transaction is one in which the credit is given `primarily for personal, family or household purposes.' (emphasis added) 15 U.S.C. § 1602 (h); 12 C.F.R. § 226.2 (p). The term `business credit' is not defined but since the purpose of the Act is to provide information in `consumer credit' transactions, then it must be clear that business credit is something other than credit given primarily for personal, family or household purposes. "It stands to reason that the business credit exemption arises whenever the credit is given primarily for a business purpose and not just when the credit is given entirely for a business purpose. On the other hand the Act applies when the credit is given primarily for a personal, family or household use and not just when it is given entirely for a personal, family or household use."”
2 later decisions quote this exact passage · from the majority“A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals ... is conspicuous. Language in the body of a form is “conspicuous” if it is in larger or other contrasting type or color.... Whether a term or clause is “conspicuous” or not is for decision by the court.”
1 later decision quote this exact passage · from the majority“[t]his Interpretation is' applicable only when all the disclosures cannot be put on one side because the form will not accommodate all the disclosures because it is designed for processing by mechanical and electronic equipment.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.