Despite a technical violation in the Notice of Right to Cancel it was sufficient to clearly and conspicuously disclose the right to rescind under TILA

The question presented in McMillian v. AMC Mortgage Services, Inc. 07-0773-WS-M (S.D.Ala., June 2008) was whether a disclosure of the three day right to cancel that left blank the final date to cancel violated TILA. The court concluded it did not because the notice form used clearly stated that the consumer had three business days after the latest of the date of closing, the date of the TILA disclosures, or the date of the notice of the right to cancel. The court concluded that no reasonably attentive consumer reading the notice could have failed to appreciate the existence and running of the three day right to cancel. The court said it was compelled to follow Eleventh Circuit precedent holding that a TILA violation will not be found for a technical violation as long as the disclosure forms furnish clear and conspicuous notice of rescission rights

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