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Bonte v. U.S. Bank, N.A.

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ARGUED FEBRUARY 9, 2010

Before POSNER, ROVNER, and SYKES, Circuit Judges.

Travis and Jolene Bonte sued U.S. Bank, N.A. under the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1640, et seq., seeking mortgage rescission. Their complaint alleges that U.S. Bank succeeded a mortgage lender that violated TILA by misstating certain charges related to the Bontes’ mortgage. The district court granted U.S. Bank’s motion to dismiss, Fed. R. Civ. P. 12(b)(6), after concluding that the Bontes failed to respond to U.S. Bank’s contention that none of the mis-statements identified in the complaint were “material,” as required by TILA for mortgage rescission. The Bontes appeal, but again fail to provide any meaningful response to U.S. Bank’s claim that none of the allegedly misstated disclosures entitle them to rescission. We thus affirm the dismissal of their complaint.

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