RL BB Acquisition, LLC v. Bridgemill Commons Development Group, LLC

OPINION

CLAY, Circuit Judge.

In this action for breach of guaranty, Defendant Starr Stone Dixon (“Starr”) appeals the district court’s holding that she cannot assert a violation of the Equal Credit Opportunity Act (“ECOA”), 15 U.S.C. § 1691 et seq., and its implementing regulation, Regulation B, 12 C.F.R. § 202.1 et seq., 12 C.F.R. § 1002.1 et seq., 1 as an affirmative defense. Starr also appeals the court’s grant of summary judgment in favor of Plaintiff RL BB Acquisition, LLC. We hold that a violation of ECOA and Regulation B can be asserted as an affirmative defense of recoupment, and…