· 3/15/1990
Smith v. Fidelity Consumer Discount Company
Citations
- 898 F.2d 896
- 1990 U.S. App. LEXIS 3972
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 12 CFR §226.23(a)(3) n. 48 means that failure to accurately disclose the finance charge is a material violation of the federal Truth-in-Lending Act, entitling the borrower to rescind the loan transaction
- damages claim from failure to rescind was timely filed five months after lender’s refusal, after timely notice from borrower, to rescind
- “entitlement to statutory damages ... is ... wholly dependent upon, and flows directly from, their entitlement to rescissory relief’
- addressing 15 U.S.C. § 1635(f) and rescission
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.