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ARTICLE · 01 OCTOBER 2008

Seventh Circuit Bars Rescission Class Actions In TILA Cases

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On September 24, 2008, the Seventh Circuit held that rescission of a mortgage – one of the remedies available under the Truth in Lending Act (TILA) – may not be awarded to an entire class of borrowers.

United StatesLitigation, Mediation & Arbitration
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Article by Jeffrey Sarles , Scott A. Anenberg , Jeffrey P. Taft and Lucia Nale

Originally published September 25, 2008

Keywords: Seventh Circuit, class actions, Truth in Lending Act, TILA, Andrews, Chevy Chase Bank, mortgage lenders, assignees, mortgages

On September 24, 2008, the Seventh Circuit held that rescission of a mortgage – one of the remedies available under the Truth in Lending Act (TILA) – may not be awarded to an entire class of borrowers. In Andrews v. Chevy Chase Bank, No. 07-1326 (7th Cir. Sept. 24, 2008), the court vacated the district court's certification of such a class, holding "as a matter of law that a class action for the rescission remedy under TILA may not be maintained." Mayer Brown represented the lender on this appeal.

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