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Rescission

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District Court (Mich.) Confirms TILA Affords Car Buyers No Right of Rescission

by Scott J. Hyman |

In Thomas v. USAA Fed. Sav. Bank, No. 23-10003, 2023 U.S. Dist. LEXIS 79269, at *8 (E.D. Mich. May 5, 2023), Judge Hood dismissed a TILA case filed by a car buyer. Plaintiff complains that she provided Defendant with a notice of recission with respect to her automobile loan on a 2015 Jeep Grand Cherokee. She brings her action under… Read More

District Court (Pa.) Allows ECOA Claim, But No TILA Claim, In Spot-Delivery Gone Wrong

by Scott J. Hyman |

In Mount v. Peruzzi of Langhorne LLC, No. 21-2166, 2021 U.S. Dist. LEXIS 157579, at *13-17 (E.D. Pa. Aug. 20, 2021), Judge Beetlestone allowed an ECOA claim to proceed, but not a TILA claim, for an automobile purchase spot-delivery situation gone wrong.  The facts were as follows: Plaintiff Michelle Mount, a dental assistant in Philadelphia, wanted to buy a new… Read More

District Court (Cal.) Says Car Dealer’s Exercise of Right to Cancel Clause in Standard Form RISC Does Not Violate TILA

by Scott J. Hyman |

In Ruiz v. Auto Star Motors, Inc., 2018 WL 827835, at *4–5 (E.D.Cal., 2018), the District Court found that the dealer's exercise of a right-to-cancel clause that operated if financing was not obtained did not violate TILA. The first preliminary argument proceeds as follows: “TILA and its enabling regulations require the creditor to make disclosures before consummation of the transaction.”… Read More

7th Cir. Says Car Dealer’s Form Allowing Rescission If No Financing Was Found Did Not Violate TILA

by Scott J. Hyman |

In Rojas v. X-Motorsport, Inc., 2018 WL 734408, at *2–3 (C.A.7 (Ill.), 2018), the Court of Appeals held that a car dealer's rescission form did not violate TILA. Rojas's case is governed by Illinois law, which “mandates that when ‘different instruments are executed together as part of one transaction or agreement, they are to be read together and construed as constituting but… Read More