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Rescission Requests under TILA

January 4, 2019

Authors

Jim Goldberg

Rescission Requests under TILA

January 4, 2019

by: Jim Goldberg

In a case of first impression, the Ninth Circuit begins to unravel the mystery of when a claim to enforce a rescission request under the Truth in Lending Act (TILA) may be time-barred. An action by a Washington state borrower to enforce a request for rescission of a loan under TILA is analogous to an action to enforce a contract and must be brought within the Washington state statute of limitations for such a contract claim, given that TILA itself does not provide a limitations period. Hoang v. Bank of America, N.A., 2018 WL 6367268 (9th Cir. December 6, 2018).

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Dutta: The Ninth Circuit Strikes Another Blow to FCRA Plaintiffs

August 17, 2018

Authors

Bryan Cave Leighton Paisner

Dutta: The Ninth Circuit Strikes Another Blow to FCRA Plaintiffs

August 17, 2018

by: Bryan Cave Leighton Paisner

On July 13, 2018, in Dutta v. State Farm Mutual Automobile Insurance Company, 895 F.3d 1166 (9th Cir. 2018), the United States Court of Appeals for the Ninth Circuit affirmed summary judgment against a plaintiff that lacked Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”).

The Ninth Circuit relied on Spokeo,

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