Judith Klein v. Household Realty Corporation, No. 11-1884 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1884 JUDITH B. KLEIN, Plaintiff - Appellant, v. HOUSEHOLD REALTY CORPORATION, d/b/a Household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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 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. ยงยง 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

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