«Violations of the ATR requirements can lead to affirmative claims against creditors and defensive claims against assignees for potentially significant monetary damages
consisting of actual damages, $ 4,000 in statutory damages, a refund of finance charges paid at closing, and three years of interest actually paid and attorneys» fees.
It demonstrates that merely because a claimant's loss
consists of a contingent liability that he would not have been exposed to had he been properly advised, does not mean that
actual damage can only be suffered when the contingency occurs.