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socrateaser
socrateaser, Attorney
Category: Estate Law
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Experience:  Retired (mostly)
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Is it at all possible ?

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To socrateaser, only   Is it at all possible to do a case study and see if it is possible for my attorney to increase damage request and let me know . But how and when will you let me know ?


 


In leu of the fact that I was an excellent business customer of the bank for more than fifteen years during which time I borrowed tens of millions of dollars from them and paid them back with interest never late. Only for them to finally pull a sham on me and put me though hell for the last two years plus ruin my credit

Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.
Hello again,

After reviewing all of the available appellate case law, I find that there is support in the federal courts for an award of emotional damages in conjunction with a violation of the Truth in Lending Act (15 U.S.C. 1640(a)(1)). In Casella v. Equifax Credit Information Services, 56 F. 3d 469 (U.S. 2nd Cir. 6/4/1995), the U.S. Second Circuit Court of Appeals writes: "'actual damages' may include humiliation and mental distress, even in the absence of out-of-pocket expenses." However, the court ruling that plaintiff prove actual causation between defendant's conduct and plaintiff's emotional injuries. Also, the Second federal circuit does not include Illinois, and I find no Seventh Circuit case law on this issue. Therefore, the issue is uncertain as a matter of law as to whether or not recovery may be had in Illinois for emotional damages under the 15 U.S.C. 1640.

Please let me know if I can be of further assistance.
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 34376
Experience: Retired (mostly)
socrateaser and 9 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.
Than you so much, have a great weekend
Expert:  socrateaser replied 1 year ago.
You too.
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 34376
Experience: Retired (mostly)
socrateaser and 9 other Estate Law Specialists are ready to help you

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