Tag Archives: damages

Remedies under TILA

A consumer is entitled to actual damages where a creditor fails to comply with the requirements imposed by TILA. The amount of these damages is equal to the sum of any actual damages sustained by the consumer as a result of the creditor’s violation. U.S.C. 1640(a)(1). Courts may require the consumer to show actual reliance upon the accuracy of the disclosures in order to claim actual damages.

TILA Residential Mortgage Disclosures

Most home mortgages are subject to the disclosure requirements of TILA. 15 U.S.C. Sec. 1638. The required disclosures must be provided to the homeowner prior to the consummation of the transaction, i.e. prior to closing. Homeowners have the right to rescind most credit transactions, including home equity loans, where the home is taken as collateral.