Fourth Circuit: Dante Askew v. HRFC, LLC

Contracts / Statutory construction

State statute merely requires that interest rates above the maximum be disclosed in the contract.

A statute of limitations that runs from discovery runs from the time that the deft knew that the interest rate was excessive under law, not from the time that deft knew of the interest rate.

Statutory notification requirement was satisfied by a letter to the consumer saying that there had been an error, and that a partial refund was due.

State statute requires refund of overpayment, not refund of all payments.

Lender's representations of nonexistent legal actions presented genuine issue of material fact.

http://www.ca4.uscourts.gov/Opinions/Published/141384.P.pdf