LYONS v. PNC BANK, NAT. ASSOCIATION

No. 21-1058, No. 21-1289.

26 F.4th 180 (2022)

William T. LYONS, individually and on behalf of others similarly situated, Plaintiff-Appellee, v. PNC BANK, NATIONAL ASSOCIATION, Defendant-Appellant. Consumer Financial Protection Bureau, Amicus Curiae. William T. Lyons, individually and on behalf of others similarly situated, Plaintiff-Appellant, v. PNC Bank, National Association, Defendant-Appellee. Consumer Financial Protection Bureau, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: February 15, 2022.


Attorney(s) appearing for the Case

ARGUED: Daniel J. Tobin , BALLARD SPAHR LLP, Washington, D.C., for Appellant/Cross-Appellee. Ellen Louise Noble , PUBLIC JUSTICE, Washington, D.C., for Appellee/Cross-Appellant. Kevin E. Friedl , CONSUMER FINANCIAL PROTECTION BUREAU, Washington, D.C., for Amicus Curiae. ON BRIEF: Matthew D. Lamb , BALLARD SPAHR LLP, Washington, D.C., for Appellant/Cross-Appellee. Scott C. Borison , BORISON FIRM LLC, San Mateo, California; Phillip R. Robinson , CONSUMER LAW CENTER LLC, Silver Spring, Maryland; Karla Gilbride , PUBLIC JUSTICE, Washington, D.C., for Appellee/Cross-Appellant. Stephen Van Meter , Acting General Counsel, John R. Coleman , Deputy General Counsel, Steven Y. Bressler , Assistant General Counsel, CONSUMER FINANCIAL PROTECTION BUREAU, Washington, D.C., for Amicus Curiae.

Affirmed in part, reversed in part by published opinion. Chief Judge Gregory wrote the majority opinion, in which Senior Judge Floyd joined. Judge Quattlebaum wrote a separate opinion concurring in part and dissenting in part.


William Lyons, Jr. filed suit against PNC Bank, N.A., alleging violations of the Truth in Lending Act ("TILA") related to PNC's set-off of funds from two of Mr. Lyons's deposit accounts to pay the outstanding balance on a Home Equity Line of Credit ("HELOC"). PNC moved to compel arbitration of the dispute based on an arbitration...

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