Kevin Charles Bertram v. U.S. Bank N.A., as Trustee

The Truth in Lending Act provides that a borrower "shall have the right to rescind the transaction until midnight of the third business day following...the delivery of the information and rescission forms re­ quired under this section ... by notifying the creditor ... of his intention to do so." 15 U.S.C 1635(a). The Act further creates a "[t]ime limit for [the] exercise of [this] right," providing that the borrower's "right of rescission shall expire three years after the date of consummation of the transaction" even if the "disclosures required ...have not been delivered Id. 1635(f). THE QUESTIONS PRESENTED: 1. Does a borrower exercise his absolute right to rescind a transaction in satisfaction of the requirements of Section 1635 by "notifying the creditor" in writing within three days for no reason, or in writing within the extended three years for TILA violations from the consummation of the transaction, as the Third, Fourth, Fifth, Eleventh Federal Circuits and the U.S. Supreme Court have held?