No. 18-8413

Francisco K. Avoki v. Carolinas Telco Federal Credit Union, et al.

Lower Court: Fourth Circuit
Docketed: 2019-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split civil-procedure civil-rights consumer-protection creditor-notification due-process rescission rescission-right standing statute-of-limitations statutory-interpretation three-year-period tila truth-in-lending-act truth-in-lending-act-tila
Latest Conference: 2019-05-09
Question Presented (from Petition)

Does a borrower exercise his right to rescind a transaction in satisfaction of the requirement of Section 1635 by" [N]oti±ring the creditor" in writing within three (3) years of the consummation of the transaction, as the Third, Eleventh Circuit and the US Supreme Court have held, or must a borrower file a lawsuit within three years of the consummation of the transaction , as the First, Fourth, Sixth, Eighth, Ninth and Tenth Circuits have held?

Question Presented (AI Summary)

Does a borrower exercise his right to rescind a transaction in satisfaction of the requirement of Section 1635 by notifying the creditor in writing within three years of the consummation of the transaction, or must a borrower file a lawsuit within three years of the consummation of the transaction?

Docket Entries

2019-08-05
Rehearing DENIED.
2019-07-11
DISTRIBUTED.
2019-05-25
Petition for Rehearing filed.
2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-03-19
Waiver of right of respondent Carolinas Telco Federal Credit Union to respond filed.
2018-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2019)

Attorneys

Carolinas Telco Federal Credit Union
James Monroe Dedman IVGallivan, White, & Boyd, P.A., Respondent
Francisco K. Avoki
Francisco K. Avoki — Petitioner