Challenges Under Truth In Lending: Suing For Rescission, Giving Clear and Conspicuous Notice, and Electing Not To Rescind

This Article reveals that the uniformity sought by Congress through TILA has challenged the courts to clarify the relationship between a notice of rescission and a suit for rescission, the relevance of the consumer’s ability to tender the loan principal, and the difficulty of recognizing a creditor’s attempt to accommodate a consumer’s premature election not to cancel a transaction.