U.S. Supreme Court Clarifies that TILA Rescission is Effective upon Written Notice, not Dependent upon the Filing of a Lawsuit
The Truth in Lending Act (“TILA”) affords certain loan borrowers the unconditional right to rescind a loan transaction within three days after the transaction, or within three years after the transaction if the lender failed the TILA’s disclosure requirements. In a brief and unanimous opinion, the U.S. Supreme Court resolved a Circuit split on this question: when a borrower alleges that the lender failed the disclosure requirements, does the TILA allow the borrower to rescind by merely giving written notice within three years after closing, or must a borrower file a lawsuit
within three years to preserve the rescission right? The Supreme Court, in short shrift, concluded that the TILA’s plain language establishes that a borrower need only give written notice; the borrower need not file a lawsuit within the three-year period. Jesinoski
unequivocally answered the question that has been percolating among lower courts for many years.
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