Opinion · Court of Appeals for the Eleventh Circuit

Michael Hahn v. Hank's Ambulance Service, Inc.

787 F.2d 543

Type
Opinion
Court
Court of Appeals for the Eleventh Circuit
Jurisdiction
Federal
Date
1986-04-22
Topic
finance

PER CURIAM: In this case of first impression, we hold that an ambulance company which charges its customers an additional $5.00 when they do not pay by cash or check at the time services are rendered is not subject to the Truth-in-Lending Act, 15 U.S. C.A. § 1601 et seq. The district court concluded correctly that “[a] small flat charge for the bookkeeping cost of processing delayed payment in no way geared to the amount of the bill, simply does not implicate Truth-in-Lending.” Initially, we find persuasive the district court’s rationale that the ambulance company is not extending “credit” within the meaning of 15 U.S.C.A. § 1602(e). The company does not grant a right to defer payment of a debt or to incur debt and defer its payment. It simply assesses a charge in light of the customer’s failure to pay the company at the time the service is performed, in accordance with customary policy.

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Authority status
pending
Cited by
10 opinions