ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
ADVERTISEMENT
Home Uncategorized

Fourth Circuit rules TILA’s offset provision applies to HELOCs

September 3, 2024
Reading Time: 3 mins read
CFPB files amicus brief supporting Bank of Orrick in Truth in Lending Act lawsuit

Truth In Lending Act
PNC v. Lyons
Date: August 14, 2024

Issue: Whether the Truth in Lending Act’s (TILA) offset provision, or the Real Estate Settlement Practices Act (RESPA) apply to home equity lines of credit (HELOCs).

Case Summary: In a 2-1 decision, a Fourth Circuit panel ruled that TILA’s offset provision applies to HELOCs.

TILA (15 U.S.C. § 1666h) and Regulation Z prohibit credit card issuers from offsetting a “cardholder’s indebtedness arising in connection with a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer” (offset provision).

William Lyons Jr. sued PNC alleging violations of TILA, related to PNC’s setoff of funds from two of his deposit accounts to pay the outstanding balance on HELOCs. Dismissing the case, the court concluded TILA’s language as interpreted in Regulation Z could not support Lyons’ argument that the offset provision applies to HELOCs. The court reasoned home equity plans, which are secured by real property, are different from credit card plans, which are not. The court observed Lyons’ loan was a HELOC rather than a credit card plan, and Regulation Z declares the two types of accounts are distinct.

On appeal, the Consumer Financial Protection Bureau (CFPB) filed an amicus brief arguing TILA’s offset provision applies to HELOCs accessible by credit card. In response, ABA filed an amicus brief supporting PNC arguing HELOCs and credit cards are fundamentally different products; a HELOC is not a “credit card plan” under TILA’s offset provision; and CFPB’s interpretation is not entitled to deference.

The panel reversed the district court’s decision in part and affirmed in part. First, the panel declared the district court erred in finding “credit card plans” do not include HELOCs. The panel determined that the district court erroneously assumed the definition of “credit card” in TILA bore no relevance to the meaning of “credit card plan” in the same statute. The panel explained the district court missed the possibility that a “credit card plan” is simply a plan in which a consumer accesses credit using a credit using a credit card. The court highlighted that the type of credit is not what matters, but rather that a card is used to access the credit, and that terms and conditions govern credit. What is more, the panel determined the district court erroneously assumed the term “credit card plan” in TILA was synonymous with “credit card account under an open-end (not home-secured) consumer credit plan” in Regulation Z. In the panel’s view, whether the term “credit card account under an open-end (not home-secured) consumer credit plan” includes HELOCs only matters if one assumes the term is interchangeable with the term “credit card plan.”

Conversely, the panel affirmed the district court’s decision holding that CFPB may exempt HELOCs from federally related mortgage loans. Lyons alleged PNC violated RESPA by “failing to respond timely and adequately to his correspondence notifying it of an error in his mortgage servicing and requesting documentation and information.” Lyons contended he submitted a qualified written request, and under RESPA, PNC had 30 business days to investigate and respond. However, the panel determined Congress also authorized CFPB to grant reasonable exemptions for classes of transactions, as necessary. Under Regulation X, CFPB expressly excluded open-end lines of credit from the definition of mortgage loans. Thus, the panel rejected Lyons’ RESPA claim because RESPA’s requirement to respond did not cover HELOCs.

In dissent, Judge Henry F. Floyd noted he would have affirmed because, in his view, a HELOC is not a “credit card plan” under TILA. Judge Floyd reasoned Congress did not intend to expand the term “credit card plan” in the offset provision to include any HELOC which can be accessed via a credit card. Moreover, Judge Floyd maintained the majority’s conclusion is overly formalistic and ignores the larger statutory and regulatory context of TILA.

Bottom Line: The Fourth Circuit is the first appellate court to address whether the offset provision applies to HELOCs.

Documents: Opinion

ADVERTISEMENT
Tags: Banking Docket
ShareTweetPin

Related Posts

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: August 18

Uncategorized
August 18, 2025

News items that are the most recent sanctions-related actions from the Office of Foreign Assets Control.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: August 11

Uncategorized
August 11, 2025

The Office of Foreign Assets Control announced the following sanctions action last week.

Compliance question of the month: February 2025

Compliance question of the month: August 2025

Uncategorized
August 11, 2025

Compliance QOTM answers question on debit and credit card numbers.

Recent news from Treasury’s Office of Foreign Assets Control: April 5

Recent news from Treasury’s Office of Foreign Assets Control: August 4

Uncategorized
August 4, 2025

The Office of Foreign Assets Control announced the following sanctions action last week.

ABA, trades file amicus brief supporting U.S. Bank in Foreclosure Abuse Protection Act case

ABA files amicus brief urging U.S. Supreme Court to review Foreclosure Abuse Protection Act lawsuit

Uncategorized
August 1, 2025

ABA filed a coalition amicus brief urging the U.S. Supreme Court to examine whether the retroactive application of FAPA is unconstitutional.

ABA files amicus brief urging U.S. Supreme Court to clarify FAA preemption

ABA files amicus brief urging U.S. Supreme Court to clarify FAA preemption

Uncategorized
August 1, 2025

ABA filed a coalition amicus brief supporting Coinbase’s certiorari petition asking the U.S. Supreme Court to clarify the scope of Federal Arbitration Act preemption when California plaintiffs seek public injunctive relief under the McGill rule.

NEWSBYTES

Fed to end separate supervision program for crypto, fintech activities

August 15, 2025

ABA DataBank: Road trippers watching travel budgets this summer

August 15, 2025

Consumer sentiment falls in August – preliminary results

August 15, 2025

SPONSORED CONTENT

Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

August 1, 2025
Navigating Disruption in Ag Lending – Why Tariffs Are Just the Tip of the Iceberg

Navigating Disruption in Ag Lending – Why Tariffs Are Just the Tip of the Iceberg

July 1, 2025
AI Compliance and Regulation: What Financial Institutions Need to Know

Unlocking Deposit Growth: How Financial Institutions Can Activate Data for Precision Cross-Sell

June 1, 2025
Choosing the Right Account Opening Platform: 10 Key Considerations for Long-Term Success

Choosing the Right Account Opening Platform: 10 Key Considerations for Long-Term Success

April 25, 2025

PODCASTS

Demographic trends shaping the U.S. banking outlook

July 30, 2025

Podcast: How institutional banking helps build one regional bank’s strategy

July 24, 2025

The future of careers in risk and compliance

July 17, 2025
ADVERTISEMENT

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2025 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2025 American Bankers Association. All rights reserved.