PALMER v. CHAMPION MORTG.

No. 06-1246.

465 F.3d 24 (2006)

Amy PALMER, Plaintiff, Appellant, v. CHAMPION MORTGAGE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 29, 2006.


Attorney(s) appearing for the Case

Christopher M. Lefebvre, with whom Family and Consumer Law Center was on brief, for appellant.

W. Scott O'Connell, with whom Paul M. Lanagan and Nixon Peabody LLP were on brief, for appellee.

Before SELYA, Circuit Judge, SILER, Senior Circuit Judge, and HOWARD, Circuit Judge.


SELYA, Circuit Judge.

This case requires us to determine whether a consumer's professed lack of comprehension of a notice of right to rescind alone suffices to pave the way for belated rescission under the Truth in Lending Act (TILA), 15 U.S.C. §§ 1601-1667. The district court concluded that a bald assertion of subjective confusion did not trump the plain language of the disputed notice and dismissed the plaintiff's amended complaint. The court then rebuffed...

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