Frank Dufay and Mary Dufay, Husband and Wife v. Bank of America N.T. & S.A., of Oregon and Trw Inc.

Frank and Mary Dufay appeal a summary judgment in favor of defendant Bank of America Oregon (“Bank of America” or the “Bank”). The district court held as a matter of law that Bank of America had responded to the plaintiffs’ loan application within 30 days of its completion as required by the Equal Credit Opportunity Act (the “ECOA”) 15 U.S.C. § 1691 . We vacate the summary judgment and remand.

STATEMENT OF THE CASE

The Dufays sued the bank and two credit reporting agencies for their alleged misconduct with respect to the handling of the Dufays’ credit reports and applications for a loan secured by real property. (The claims against the credit agencies are not at issue in this appeal). The Dufays alleged that Bank of America failed to make a decision within 30 days after the completion of their loan application as required by the ECOA. The Dufays claimed to have suffered “out-of-pocket expenses, extra interest expense, damage to their credit reputation, inconvenience, embarrassment and, now, attorney fees.” For relief, the Dufays requested, pursuant to 15 U.S.C. § 1691e, “actual damages in a sum to be proven at trial, plus punitive damages and plaintiffs’ costs, disbursements and…