Judith Klein v. Household Realty Corporation o

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-00114-AJT-TCB Copies to all parties and the district court/agency. [998831897].. [11-1884]

Appeal: 11-1884

Document: 24

Date Filed: 04/13/2012

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1884

JUDITH B. KLEIN,
Plaintiff - Appellant,
v.
HOUSEHOLD
REALTY
CORPORATION,
d/b/a
Household
Realty
Corporation of Virginia; HSBC MORTGAGE SERVICES, INC.,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:11-cv-00114-AJT-TCB)

Submitted:

March 27, 2012

Decided:

April 13, 2012

Before MOTZ, KEENAN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Henry W. McLaughlin, III, LAW OFFICE OF HENRY MCLAUGHLIN, P.C.,
Richmond, Virginia, for Appellant.
Robert R. Michael, Stephen
B. Wood, BIERMAN, GEESING, WARD & WOOD, LLC, Richmond, Virginia,
for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1884

Document: 24

Date Filed: 04/13/2012

Page: 2 of 2

PER CURIAM:
Judith

B.

Klein

appeals

the

district

court’s

order

granting Defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss
her civil action seeking rescission of a secured consumer credit
transaction under the Truth in Lending Act (“TILA”), 15 U.S.C.A.
§§ 1601-1667f (West 2009 & Supp. 2011).

We have reviewed the

record and conclude that Klein did not establish how, under an
objective

approach,

the

parties’

arbitration

rider

rendered

unclear and non-conspicuous Defendants’ disclosure to Klein of
her right to rescind the credit transaction.

See Palmer v.

Champion Mortg., 465 F.3d 24, 28 (1st Cir. 2006) (“[C]ourts must
evaluate the adequacy of TILA disclosures from the vantage point
of a hypothetical average consumer — a consumer who is neither
particularly

sophisticated

nor

particularly

Accordingly, we affirm the district court’s order.

dense.”).
Klein v.

Household Realty Corp., No. 1:11-cv-00114-AJT-TCB (E.D. Va. July
15, 2011).
legal
before

We dispense with oral argument because the facts and

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

2