Eddison Walters v. Lime Financial Services, LTD.

U.S. Court of Appeals for the Eleventh Circuit
Eddison Walters v. Lime Financial Services, LTD., 461 F. App'x 910 (11th Cir. 2012)
Barkett, Hull, Hunt, Per Curiam

Eddison Walters v. Lime Financial Services, LTD.

Opinion

PER CURIAM:

Eddison Walters appeals the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6) of his claim that Lime Financial Services, Ltd. (“Lime”) violated the Truth in Lending Act (“TILA”), by failing to complete two dates on Lime’s form disclosing Walters’ right to rescind the mortgage immediately after the transaction. Walters argues that these omissions violated TILA by failing to provide “clear and conspicuous notice” of “[t]he date the rescission period expires” and therefore Walter could rescind his mortgage with Lime, nearly three years after the initial transaction. 12 C.F.R. § 226.23(b)(l)(v).

We have held that “TILA does not require perfect notice; rather it requires a clear and conspicuous notice of rescission rights.” Veale v. Citibank, F.S.B., 85 F.3d 577, 580 (11th Cir. 1996), cert. denied, 520 U.S. 1198, 117 S.Ct. 1556, 137 L.Ed.2d 704 (1997). We are satisfied that the district court did not err in concluding that the form at issue in its totality provided reasonable notice of the date the rescission period expired.

AFFIRMED.

Reference

Full Case Name
Eddison WALTERS, Plaintiff-Appellant, v. LIME FINANCIAL SERVICES, LTD., Defendant-Appellee
Status
Unpublished