Summary
The Ninth Circuit held that the Equal Credit Opportunity Act applies to consumer leases. The court reversed dismissal of Patricia Ann Brothers’ claim that First Leasing discriminated on the basis of sex or marital status by requiring her husband’s financial information and signature and denying her lease application based on his bankruptcy.
Holdings
- The Equal Credit Opportunity Act applies to consumer leases and prohibits discrimination in consumer lease transactions covered by the Consumer Credit Protection Act.
- The Rule 12(b)(6) dismissal was improper because the complaint stated a potentially viable ECOA claim based on a consumer lease.
Questions Presented
- Whether the Equal Credit Opportunity Act applies to consumer lease transactions.
- Whether the district court erred in dismissing Brothers's discrimination claim under Federal Rule of Civil Procedure 12(b)(6).
Disposition
reversed_and_remanded
Cases Cited (31)
- Turner v. Prod, 707 F.2d 1109, 1114, 1121 (9th Cir. 1983)(followed)
- Rose v. Lundy, 455 U.S. 509, 517-18, 102 S.Ct. 1198, 1202-03, 71 L.Ed.2d 379 (1982)(applied)
- Chapman v. Houston Welfare Rights Organization, 441 U.S. 600, 608, 99 S.Ct. 1905, 1911, 60 L.Ed.2d 508 (1979)(applied)
- United States v. Sisson, 399 U.S. 267, 297-98, 90 S.Ct. 2117, 2133-34, 26 L.Ed.2d 608 (1970)(applied)
- United States v. Bacto-Unidisk, 394 U.S. 784, 799, 89 S.Ct. 1410, 1418, 22 L.Ed.2d 726 (1969)(applied)
- Unexcelled Chemical Corp. v. United States, 345 U.S. 59, 64, 73 S.Ct. 580, 583, 97 L.Ed. 821 (1953)(applied)
- United States v. Little Lake Misere Land Co., 412 U.S. 580, 593, 93 S.Ct. 2389, 2397, 37 L.Ed.2d 181 (1973)(applied)
- Addison v. Holly Hill Fruit Products, Inc., 322 U.S. 607, 617, 64 S.Ct. 1215, 1221, 88 L.Ed. 1488 (1944)(followed)
- Fong v. Immigration and Naturalization Service, 308 F.2d 191, 195 (9th Cir. 1962)(followed)
- Bob Jones University v. United States, 461 U.S. 574, 103 S.Ct. 2017, 76 L.Ed.2d 157 (1983)(followed)
Showing top 10 of 31.
Cited In (0)
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