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Cunningham v. National City Bank

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Before Boudin, Stahl, and Lipez, Circuit Judges.

Plaintiffs-Appellants John Cunningham and Brian DeLaurentis (collectively, “Plaintiffs”), recipients of a home equity line of credit (“HELOC”), filed a putative class action against the issuer, National City Bank (“National City”), for breach of contract, violation of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., and violation of the Massachusetts deceptive business practices law, Mass. Gen. Laws ch. 93A (“Chapter 93A”). National City moved to dismiss Plaintiffs’ complaint pursuant to Fed. R. Civ. P. 12(b)(6), and the district court granted the motion as to all counts.*fn1 We affirm.

I.

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