Phillips v. Capital Remodeling, Inc.

Filing 14

MEMORANDUM. Signed by Judge J. Frederick Motz on 8/23/13. (bmhs, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

JOHN PHILLIPS

v.
CAPITAL REMODELING, INC.

*
*
*
*
*
*
******

Civil No. – JFM-13-1302

MEMORANDUM

Plaintiff has brought this action, on behalf of himself and of a class of persons similarly
situated, under the Truth in Lending Act, 15 U.S.C. §1601 et seq., against Capital Remodeling,
Inc. Defendant moved to dismiss the initial complaint. Plaintiff then filed an amended
complaint. The parties have filed memoranda that address the amendments. Defendant’s motion
to dismiss will be granted.
Plaintiff entered into a home improvement contract with defendant. The original contract
between the parties expressly provided that defendant was not a “creditor” who would assist
plaintiff in obtaining financing for the home improvement project. Defendant at the time
provided no truth in lending disclosures to plaintiff. Two months after the contract was signed,
defendant sent a letter to plaintiff identifying “Capital Remodeling, Inc.,” as the lender. At the
time defendant did provide truth in lending disclosures to plaintiff.
Plaintiff claims, in effect, defendant was the lender from the outset and that the truth in
lending disclosure should have been made at the time the initial contract was signed. Plaintiff
has cited no authority in support of that proposition. As soon as Capital Remodeling, Inc., was
identified as the lender, truth in lending disclosures were made. That was fully sufficient.
A separate order dismissing this action is being entered herewith.
1

Date: August 23, 2013

___/s/____________________
J. Frederick Motz
United States District Judge

2