Niki-Alexander Shetty, et al. v. Thomas Block, et al.
SocialSecurity Securities Immigration Trademark
Can federal courts import state statutes of limitations to bar an action to enforce a timely TILA rescission when TILA itself has no such limitation period for such claims?
QUESTION PRESENTED The Truth-in-Lending Act, 15 U.S.C. § 1635 (or “TILA”), requires that a borrower tell a lender within three years of her intent to rescind the loan. Jesinoski v. Countrywide Home Loans, 574 U.S. 259, 260 (2015). But TILA provides no time limit for suing a creditor to enforce a timely rescission. The lower courts have imported state statutes of limitations to bar such claims. The question this case presents is: Can federal courts import state statutes of limitations to bar an action to enforce a timely TILA rescission when TILA itself has no such limitation period for such claims?