Ed Marling Stores, Inc. v. Miracle , 6 Kan. App. 2d 175 ( 1981 )

Herd, J.:

I concur with the majority that Ed Marling Stores, Inc. failed to strictly comply with the technical requirement of the Truth in Lending Act but dissent from the awarding of penalties and fees because the borrowers by their own admissions were not misled. The omission of the item “unpaid balance” where “amount financed” is provided and is the same figure is not damaging to the borrowers. I would hold that proof of an unintentional act or bona fide error was not necessary to excuse a lender under the circumstances of this case.