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ANDREWS v. CHEVY CHASE BANK

No. 07-1326.

545 F.3d 570 (2008)

Bryan ANDREWS and Susan Andrews, Plaintiffs-Appellees, v. CHEVY CHASE BANK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 24, 2008.

Rehearing and Rehearing En Banc Denied October 31, 2008.

Attorney(s) appearing for the Case

Kevin J. Demet (argued), Demet & Demet, Milwaukee, WI, for Plaintiffs-Appellees.

Jeffrey W. Sarles (argued), Mayer Brown, Chicago, IL, for Defendant-Appellant.

Nina F. Simon, AARP Foundation Litigation, Washington, DC, for American Ass'n of Retired Persons, Amicus Curiae.

Kathleen Keest Washington, DC, for Center for Responsible Lending, Amicus Curiae.

Stuart T. Rossman, National Consumer Law Center, Boston, MA for National Consumer Law Center, Inc., Amicus Curiae.

Deepak Gupta, Public Citizens Litigation Group, Washington, DC for Public citizen, Amicus Curiae.

Gary Edward Klein, Roddy, Klein & Ryan, Boston, MA, for Harriet Holder, Amicus Curiae.

Before MANION, EVANS, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

In this interlocutory appeal, we are called on to answer one question: May a class action be certified for claims seeking the remedy of rescission under the Truth in Lending Act ("TILA"), 15 U.S.C. § 1635? The only two federal appellate courts to have addressed this question have answered "no," see McKenna v. First Horizon Home Loan Corp., 475 F.3d 418 (1st Cir.2007); James v. Home Constr. Co....

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