Darcel D. Fisher Harris v. Harvey Schonbrun

WILLIAM PRYOR, Circuit Judge:

This appeal requires us to decide two questions: (1) whether a lender can satisfy a statutory obligation to give a borrower clear and conspicuous notice of a right to rescind a loan, see Truth in Lending Act, 15 U.S.C. § 1635, when the lender instructs the borrower to sign simultaneously both the loan and a postdated waiver of the borrower’s right to rescind; and (2) if it rescinds the loan, whether the district court must award the borrower statutory damages, attorney’s fees, and costs. Darcel D. Fisher Harris sought to rescind a loan she entered into years…