UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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.
§§ 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 dense.”).
Accordingly, we affirm the district court’s order. Klein v.
Household Realty Corp., No. 1:11-cv-00114-AJT-TCB (E.D. Va. July
15, 2011). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
AFFIRMED
2