C.A. 4th;
E054517
The Fourth Appellate District affirmed a judgment in part, reversed in part, and remanded the action for further proceedings. The court held that “preconsummation interest” is neither illegal nor improper under consumer finance disclosure laws and thus is not an illegal finance charge. The court held further that an automobile dealership’s practice of backdating a purchaser’s second or subsequent credit agreement did not categorically violate the Automobile Sales Finance Act, although it would constitute a violation where it resulted in inaccurate disclosures to class members who challenged the practice. The court also held that class plaintiffs who purchased used diesel vehicles failed to show a violation of the Act where the dealership expressly and accurately, but erroneously, disclosed smog-fee charges that did not apply to their purchases
