Legal Opinion
McCoy v. Chase Manhattan Bank, USA, National Ass'n
Court of Appeals for the Ninth Circuit
Decided March 16, 2009No. 06-56278PublishedCited by 17 opinions
1Opinion of the Court
Opinion by Judge HAWKINS; Dissent by Judge CUDAHY.
HAWKINS, Circuit Judge:
This case presents the question of whether the notice requirements of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601-1615 and Regulation Z, 12 C.F.R. § 226, as interpreted by the Federal Reserve Board’s Official Staff Commentary, apply to discretionary interest rate increases that occur because of consumer default. We hold that Regulation Z requires a creditor to provide contemporaneous notice of such rate increases.
FACTUAL AND PROCEDURAL BACKGROUND
James A. McCoy (“McCoy”) brought this action on behalf of himself…
2Cases cited14 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
- Evel Knievel Krystal Knievel v. Espn, a Subsidiary of Walt Disney, Inc.Court of Appeals for the Ninth Circuit · 2005
- Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Chase Bank USA, N. A. v. McCoySupreme Court of the United States · 2011
- Swanson v. Bank of America, NACourt of Appeals for the Seventh Circuit · 2009
- Shaner v. Chase Bank USA, N.A.Court of Appeals for the First Circuit · 2009
- McCoy v. CHASE MANHATTAN BANK, USA, NATIONAL ASS'NCourt of Appeals for the Ninth Circuit · 2011
- Olivera v. American Home Mortgage Servicing, Inc.District Court, N.D. California · 2010
12 more not listed; retrieve them via the Exa API.