VALLIES v. SKY BANK

No. 08-4160.

591 F.3d 152 (2009)

Louis R. VALLIES, Individually and on behalf of all similarly situated vehicle buyers, Appellant v. SKY BANK, an Ohio bank, licensed to do business in the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed: December 31, 2009.


Attorney(s) appearing for the Case

Erin M. Brady, Esquire (Argued), Michael P. Malakoff, Esquire, Malakoff & Brady, P.C., Pittsburgh, PA, for Appellant.

Martin C. Bryce, Jr., Esquire (Argued), Alan S. Kaplinsky, Esquire, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, PA, for Appellee.

Matthew A. Brinegar, Esquire, Center for Responsible Lending, Washington, D.C., for Amici Curiae-Appellant, Center for Responsible Lending, National Consumer Law Center, National Association of Consumer Advocates.

Jan T. Chilton, Esquire, Severson & Werson, San Francisco, CA, for Amici Curiae-Appellee, American Bankers Association, American Financial Services Association, Association of Consumer Vehicle Lessors, Chamber of Commerce of the United States of America, Consumer Bankers Association, Consumer Mortgage Coalition, Financial Services Roundtable, Mortgage Bankers Association, Pennsylvania Bankers Association.

Before: SCIRICA, Chief Judge, RENDELL and ALDISERT, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Chief Judge.

In this putative class action, the sole issue presented by this appeal is whether a plaintiff must prove detrimental reliance in order to recover actual damages sustained because of a disclosure violation under § 1640(a)1 of the Truth in Lending Act ("TILA"), 15 U.S.C. §§ 1601-67. The District Court, following persuasive authority from our sister courts of appeals, concluded...

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