United States First Circuit

In plaintiffs' putative class action against defendant for breach of contract, violation of the Truth in Lending Act (TILA), and violation of the Massachusetts deceptive business practices law, district court's dismissal of the complaint is affirmed where: 1) defendant did not commit a breach as the unambiguous terms of the agreement permitted defendant to terminate the home equity line of credit; 2) plaintiffs' TILA claims as a matter of law as the unambiguous terms of the agreement did not create a grace period rendering otherwise later payments timely; and 3) plaintiffs have failed to state a 93A claim on which relief can be granted as they have alleged no unfair or deceptive conduct by the defendant.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

• STAHL, Circuit Judge., Before BOUDIN, STAHL, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gregory B. Linkh, with whom Jacqueline Sailer, David Pastor, and Gilman and Pastor, LLP, were on brief for appellants.


• For Appellees:
  
• James W. McGarry, with whom Brook L. Ames and Goodwin Procter LLP, were on brief for appellee.