Kissinger v. Wells Fargo Bank, N.A., 888 F. Supp. 2d 1309

Plaintiffs Kissinger and Colbert own a Broward County, Florida home and sued Wells Fargo Bank, N.A. under TILA for a failure to disclose the owner or master servicer of their mortgage note.
AHMSI serviced the loan on behalf of Wells Fargo and is its agent.
Plaintiffs sent a written request on Feb 8, 2011 to identify the owner/master servicer of the note.
AHMSI replied on Mar 16, 2011 identifying Wells Fargo as owner but not providing the master servicer’s name, address, or phone number.
Defendant moved to dismiss arguing (1) AHMSI’s information sufficed to satisfy TILA, (2) TILA does not support vicarious liability for creditors, and (3) TILA is unconstitutionally vague as to vicarious liability.
Court denied Wells Fargo’s Motion to Dismiss, allowing the case to proceed

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the complaint plausibly alleges TILA disclosure violations	Kissinger/Colbert contend AHMSI failed to disclose owner/master servicer as required	Wells Fargo argues the letter identified owner and AHMSI as servicer, sufficing under TILA	Denied the motion on the ground that complaint plausibly alleges failure to provide owner/master servicer information
Whether Wells Fargo may be vicariously liable for AHMSI’s TILA violation	Plaintiffs urge agency theory to hold creditor liable for servicer’s failure to disclose	Holcomb doctrine precludes creditor liability absent ownership/assignment; no agency liability under TILA	Denied; court adopts vicarious liability view that creditors may be liable for servicer’s 1641(f)(2) violations
Whether TILA is unconstitutionally vague as to vicarious liability	Statutory scheme should be liberally construed to protect consumers	Vagueness challenge should render TILA unconstitutional	Rejected; statute not unconstitutionally vague for business/economic regulation

Khan v. Bank of N.Y. Mellon, 849 F. Supp. 2d 1377 (S.D. Fla. 2012) (supports creditor vicarious liability under TILA)