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Under what condition can a creditor avoid a suit for the inaccurate disclosure of an annual percentage rate?

1 Answer

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Final answer:

A creditor can avoid a suit for inaccurate disclosure of APR if it was a bona fide error that occurred despite having precautions in place to avoid such mistakes. Systematic errors or ones due to lack of proper procedures are not protected. Oversight agencies monitor compliance, underscoring the principle of 'Caveat emptor,' or 'let the buyer beware.'

Step-by-step explanation:

In certain circumstances, a creditor can avoid a suit for inaccurate disclosure of an annual percentage rate (APR) if the discrepancy is deemed a bona fide error that occurred despite procedures in place designed to avoid such errors. This is in line with regulations like the Truth in Lending Act (TILA), which acknowledges that small errors can occur even with the best practices. However, a creditor cannot use this defense if the error is systematic or due to a lack of proper procedures.

For example, a typing error that is quickly corrected upon discovery and which does not affect the overall cost of borrowing for the consumer might be excused. Still, creditors must maintain rigorous checks to ensure compliance with disclosure laws, as oversight agencies like the Federal Trade Commission (FTC) frequently monitor such claims about financial product performance. Moreover, in the context of consumer protection and adhering to ethical standards, 'Caveat emptor' or 'let the buyer beware,' remains a key principle where consumers must also check and ensure the terms they enter into are fair and accurate.

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