Full opinion text
MEMORANDUM OPINION KOLLAR-KOTELLY, District Judge. Plaintiff Viola Johnson, an elderly District of Columbia retiree, together with the trustee of her bankruptcy estate (collectively “Plaintiff’), bring the above-eap-tioned action against a mortgage broker, two lenders, and several related entities who sold her two home loans, alleging inter alia that the companies took advantage of her age and lack of sophistication to charge excessive fees while failing to make mandatory disclosures under the Truth in Lending Act (“TILA”). Plaintiff seeks rescission of the loans, restitution, and damages under several legal theories. See Compl. ¶¶ 33-38 (Count I — Violations of the District of Columbia Consumer Protection Act) (“DCCPA”), ¶¶ 39-15 (Count II — Common Law Fraud), ¶¶ 46-52 (Count III — Unconscionability), ¶¶ 53-61 (Count IV — Violation of the Usury Statute), ¶¶ 62-69 (Count V — Violations of D.C. MLBA), ¶¶ 70-76 (Count VI — Breach of Fiduciary Duty), ¶¶ 77-82 (Count VII— Conspiracy), ¶¶ 83-87 (Count VIII — Aiding & Abetting the Deception of Ms. Johnson), ¶¶ 88-93 (Count IX — Negligence), ¶¶ 94-103 (Count X — Negligent Supervision), ¶¶ 104-107 (Count XI — TILA Violations), ¶¶ 108-115 (Count XII — Declaratory Relief of a Valid Rescission Under TILA), ¶¶ 116-119 (Count XIII — Derivative Claims Against Washington Mutual). See infra at 23-24 (Table 1). In response to Plaintiffs Complaint Defendants EquiCredit Corporation of Maryland and EquiCredit Corporation of the District of Columbia filed a[4] Motion to Dismiss, and Defendants Long Beach Mortgage Company, Long Beach Mortgage Loan Trust 2001-4, and Washington Mutual jointly filed a[8] Motion to Dismiss ([4] and [8] are collectively referred to as “Defendants’ Motions to Dismiss”), followed by Plaintiffs collective Opposition and Defendants’ Replies. Upon consideration of the filings before the Court, the attached exhibits, the relevant case law, and the entire record herein, the Court shall grant Defendants’ Motions to Dismiss with respect to Count IV and Count XI, grant-in-part and deny-in-part Defendants’ Motions to Dismiss with respect to Counts XII and XIII, and deny Defendants’ Motions to Dismiss with respect to the remaining Counts. The Court further holds that it may exercise personal jurisdiction over Defendant Long Beach Mortgage Loan Trust 2001-4 (“the Trust”). The Court’s disposition is summarized infra at 24-25 and 55-56 (Table 2). Table of Contents Summary Tables: Counts, Disposition, and Dates ..................................23 Table 1: Plaintiffs Counts....................................................23 Table 2: The Court’s Disposition..............................................24 Table 3: Important Dates....................................................25 I: BACKGROUND............................................................25 II: LEGAL STANDARDS ......................................................27 III: DISCUSSION..............................................................27 A. Defendant Long Beach Mortgage Loan Trust 2001-4-’s Motion to Dismiss for Lack of Personal Jurisdiction.......................................27 1. Legal Standards for Exercise of Personal Jurisdiction....................28 2. Personal Jurisdiction Over Long Beach Mortgage Loan Trust 2001-4......29 (a) The Trust’s Contacts With the District of Columbia Related to the Controversy Sub Judice ........................................29 (b) The Trust’s First Contact: Holding a Security Interest in the Ms. Johnson’s Property.............................................30 (c) The Trust’s Second Contact: Taking Assignment of Ms. Johnson’s Mortgage Note.......................................31 (d) Discussion of Relevant Cases from Other Jurisdictions................32 B. Plaintiffs Fraud and Negligent Supervision Claims Against Long Beach Mortgage Company ...................................................34 C. Plaintiffs Unconscionability Claims ......................................35 1. Plaintiffs Claim of Unconscionability Under D.C.Code § 28:2-302..........35 2. Plaintiffs Claim of Unconscionability Under the Common Law............35 3. Plaintiffs Claim of Unconscionability Under D.C.Code § 28-3904(r)........37 D. Statutes of Limitations..................................................38 1. TILA Claims........................................................39 (a) Civil liability under TILA.........................................39 (b) Declaration of a Valid Rescission...................................40 2. Dates of Accrual of Plaintiffs D.C. Claims ..............................41 (a) Accrual of a Cause of Action Under the Discovery Rule...............41 (b) The Importance of Mortgage USA’s Alleged Fiduciary Duty to Ms. Johnson...................................................44 (c) Matters outside the pleadings......................................46 3. D.C. Claims — applicable statutes of limitations ..........................47 (a) Plaintiff s Usury Statute Claims....................................47 (b) Plaintiffs Other D.C. Claims.......................................48 (e) The Intertwining Doctrine ........................................48 4. Plaintiffs arguments for tolling applicable statutes of limitations...........49 (a) Bankruptcy .....................................................50 (b) Damages and Rescission in Recoupment Under TILA ................50 (c) Equitable Tolling ................................................51 E. Plaintiffs Derivative Claims Pursuant to D.C.Code §§ 28-3808 and 28-3809, and 16 C.F.R. §433..............................................53 1. Plaintiffs Derivative Claims Against Washington Mutual Pursuant to D.C.Code § 28-3808 ...............................................53 2. Plaintiffs Derivative Claims Against Washington Mutual and Long Beach Mortgage Company Pursuant to D.C.Code § 28-3809 ............54 3. Plaintiffs Derivative Claims Against Washington Mutual and/or Long Beach Mortgage Loan Trust 2001-4 Pursuant to 16 C.F.R. § 433.2......54 Table 2: The Court’s Disposition..............................................55 IV: CONCLUSION.............................................................56 Summary Tables: Counts, Disposition, and Dates Table 1: Plaintiffs Counts I: BACKGROUND For the purposes of ruling on Defendants’ Motions to Dismiss, the Court accepts Plaintiffs factual allegations as true. See Talenti v. Clinton, 102 F.3d 573, 574 (D.C.Cir.1996). The following allegations are adopted from Plaintiffs Complaint. They are adopted solely for the purposes of the motions at hand. Viola Johnson is an 87-year-old widower and retiree with a twelfth grade education, living in the District of Columbia on a monthly income of $855 in Social Security and $318 in retirement benefits. Compl. ¶ 13. She lives in a house at 730 50th Street, N.E., Washington D.C., which she purchased in 1991 for $42,000 (“the property”). Id. ¶¶ 4, 14. In 2001 the property had an approximate value of $100,000 and was encumbered with $50,000 of debt. Id. ¶ 14. In the spring of 2001, Ms. Johnson sought to borrow money to finance various home repairs. Id. ¶ 15. She consulted a Mortgage USA broker who worked out of the company’s Hyattsville, Maryland offices. Id. The broker represented to Ms. Johnson that he would sell her a loan that would permit her to pay for her home repairs. Id. This loan (“Loan I”), a $72,000 principal amount note with 13% interest rate and 30-year term, closed on April 2, 2001, with EquiCredit (“EC”) as the lender. Id. ¶ 16. The closing took place at Ms. Johnson’s residence. Id. Ms. Johnson was never provided at closing with any disclosure statements or HUD-1 form, nor was Mortgage USA licensed as a mortgage broker in the District of Columbia at that time. Id. ¶¶ 17, 18. Finally, the broker induced Ms. Johnson to write him an $1100 check based on representations regarding his personal circumstances and his promise to repay her. Id. ¶ 19. However, the broker never repaid the $1100. Id. In the summer of 2001, Ms. Johnson decided that she wanted additional funds to remodel her kitchen. Id. ¶ 20. She again contacted Mortgage USA. Id. Mortgage USA employee Kenneth Thompson represented that he could provide Ms. Johnson a loan (“Loan II”) that would pay off Loan I and provide her with the additional $15,000 she needed for the renovations. Id. ¶ 20. So that Ms. Johnson would qualify for Loan II, Mr. Thompson misrepresented her $1173 monthly income on the loan application to be over $1900, so that she would qualify for the $711 monthly payments. Id. ¶21. This loan closed on August 17, 2001 with Long Beach Mortgage Company (“LB Mortgage”) as the lender. LB Mortgage Mem. to Dismiss at 6. The promised $15,000 never materialized, however, as Loan II’s $88,500 principal amount was consumed by paying Equi-Credit $74,764 to pay off Loan I, closing costs of $6755.20, prepaid items of $686.86, and payoffs to “various creditors” totaling $1450, leaving Ms. Johnson with a cash disbursement of only $5221.80. Id. ¶ 22. In addition, Ms. Johnson claims she was charged “unreasonable, excessive, and unlawful” settlement charges in connection with the settlement of Loan II, and that Long Beach failed to disclose her right to rescind the loan transaction. Id. ¶¶ 24-29, 110. All fees were disclosed on the HUD-1 Settlement Statement that Ms. Johnson signed for Loan II. See Compl. ¶¶ 23-25 & Ex. A (Loan II HUD-1 Form). After closing on Loan II, Ms. Johnson had to pay over half of her monthly income to mortgage costs. Id. ¶ 30. After an unsuccessful attempt to obtain a reverse mortgage on her home, Ms. Johnson filed for Chapter 7 bankruptcy on February 26, 2003 in District of Columbia bankruptcy court, proceeding 03-00368. Id.; Pl.’s Opp’n ¶ 4. On that date she also sent a notice of rescission of Loan II to Long Beach Mortgage Company. See Compl. ¶ 31 & Ex. B (rescission letters). Ms. Johnson exited bankruptcy on September 30, 2003. Compl. ¶ 32. Later, on March 26, 2004, she sent a notice of rescission of Loan I to EquiCredit Corp. Id. ¶ 31. Shortly thereafter, on April 15, 2004, she filed a civil action in this Court similar to the present action. See EC Mem. to Dismiss, Ex. 1 (04-609 CKK Docket). This Court dismissed that suit because Ms. Johnson lacked standing to bring claims that were properly assets of her bankruptcy estate. To remedy this deficiency, Ms. Johnson reopened her bankruptcy proceeding on December 6, 2004, and listed her claims as assets of her bankruptcy estate. Compl. ¶ 32; Pl.’s Opp’n ¶ 23. On March 30, 2005, Ms. Johnson, together with the trustee of her bankruptcy estate pursuant to an order by Bankruptcy Judge S. Martin Teel, Jr., filed the above-captioned action, wherein she charged Mortgage USA, EquiCredit, Long Beach Mortgage, and related entities with fraud, unconseionability, breach of fiduciary duty, conspiracy, aiding and abetting deception, negligent supervision, and violations of the federal Truth in Lending Act (“TILA”), D.C. Consumer Protection Act (“DCCPA”), D.C. Consumer Protection Procedures Act (“DCCPPA”), D.C. Usury statute, and D.C. Mortgage Lenders Brokers Act (“MLBA”). Important dates in this matter are summarized below. See infra at 25 (Table 3). II: LEGAL STANDARDS In evaluating a Rule 12(b)(6) motion to dismiss for failure to state a claim, the court must construe the complaint in a light most favorable to the plaintiff and must accept as true all reasonable factual inferences drawn from well-pleaded factual allegations. In re United Mine Workers of Am. Employee Benefit Plans Litig., 854 F.Supp. 914, 915 (D.D.C.1994); see also Schuler v. United States, 617 F.2d 605, 608 (D.C.Cir.1979) (“The complaint must be ‘liberally construed in favor of the plaintiff,’ who must be granted the benefit of all inferences that can be derived from the facts alleged.”). While the court must construe the Complaint in the Plaintiffs favor, it “need not accept inferences drawn by the plaintiff[] if such inferences are not supported by the facts set out in the complaint.” Kowal, 16 F.3d at 1276. Moreover, the court is not bound to accept the legal conclusions of the non-moving party. See Taylor v. FDIC, 132 F.3d 753, 762 (D.C.Cir.1997). The court is limited to considering facts alleged in the complaint, any documents attached to or incorporated in the complaint, matters of which the court may take judicial notice, and matters of public record. See St. Francis Xavier Sch., 117 F.3d at 624; Marshall County Health Care Auth. v. Shalala, 988 F.2d 1221, 1226 n. 6 (D.C.Cir.1993). Factual allegations in briefs or memoranda of law may not be considered when deciding a Rule 12(b)(6) motion, particularly when the facts they contain contradict those alleged in the complaint. Henthorn v. Dep’t of Navy, 29 F.3d 682, 688 (D.C.Cir.1994); cf. Behrens v. Pelletier, 516 U.S. 299, 309, 116 S.Ct. 834, 133 L.Ed.2d 773 (1996) (when a motion to dismiss is based on the complaint, the facts alleged in the complaint control). Ill: DISCUSSION A. Defendant Long Beach Mortgage Loan Trust 2001-Hs Motion to Dismiss for Lack of Personal Jurisdiction This ease presents a question of first impression in this jurisdiction. The question is this: May this Court exercise personal jurisdiction over a non-resident defendant trust company that has no contacts with the District of Columbia other than taking assignment of a mortgage note secured by real property in this District, where the note and rights to the property are the sources of controversy in this case? For the reasons that follow, the Court finds that exercising personal jurisdiction over the defendant is authorized by the District of Columbia long-arm statute and comports with due process. 1. Legal Standards for Exercise of Personal Jurisdiction “A federal court may exercise personal jurisdiction over a non-resident defendant only when service of process is authorized by statute and only when consistent with due process of law.” COMSAT Corp. v. Finshipyards S.A.M., 900 F.Supp. 515, 519 (D.D.C.1995) (citing International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945)). The court may exercise either general or specific personal jurisdiction. See Helicopteros Nacionales de Colombia S.A. v. Hall, 466 U.S. 408, 414, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984). For specific personal jurisdiction, the federal court must first determine if the District of Columbia long-arm statute authorizes this Court to exercise personal jurisdiction. COMSAT Corp., 900 F.Supp. at 519-20 (citing Edmond v. U.S. Postal Serv. Gen’l Counsel, 949 F.2d 415, 424 (D.C.Cir.1991)). The D.C. long-arm statute permits a District of Columbia court to exercise specific personal jurisdiction over a person, “as to a claim for relief arising from the person’s — (1) transacting any business in the District of Columbia, ... (5) having an interest in, using, or possessing real property in the District of Columbia.” D.C.Code § 13-423(a) (2001). When jurisdiction is based solely on § 13-423, “only a claim for relief arising from acts enumerated in this section may be asserted against” the defendant. D.C.Code § 13-423(b) (2001). The D.C. long-arm statute “permits the exercise of personal jurisdiction to the fullest extent permissible under the due process clause.” Mouzavires v. Baxter, 434 A.2d 988, 990-91 (D.C.1981). The due process clause requires only that the defendant “have certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice.’ ” Int’l Shoe, 326 U.S. at 316, 66 S.Ct. 154 (quoting Milliken v. Meyer, 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940)). A single act of a corporate agent in a state may be deemed a sufficient contact “to render the corporation liable to suit,” depending on the nature and quality of the act. Id. at 318, 66 S.Ct. 154. The act should be “neither irregular nor casual,” but must demonstrate that the defendant purposefully availed himself of “the benefits and protection of the laws of the state, including the right to resort to the courts for the enforcement of its rights.” Id. at 319-20, 66 S.Ct. 154; see also Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 2 L.Ed.2d 1283 (1958). The act or activities must also give rise to the obligation sued on. Int'l Shoe, 326 U.S. at 320, 66 S.Ct. 154. The burden is on the plaintiff to articulate specific acts or contacts of the defendant that prove jurisdiction can be exercised. Baltierra v. West Virginia Board of Medicine, 253 F.Supp.2d 9, 13 (D.D.C.2003) (citing Reuber v. United States, 787 F.2d 599 (D.C.Cir.1986)). Factual discrepancies in the record should be resolved in favor of the plaintiff, but plaintiffs allegations need not be accepted as true. Ulico Casualty Co. v. Fleet Nat’l Bank, 257 F.Supp.2d 142, 144 (D.D.C.2003) (citing Crane v. N.Y. Zoological Soc’y, 894 F.2d 454, 456 (D.C.Cir.1990) and United States v. Philip Morris, Inc., 116 F.Supp.2d 116, 120 n. 4 (D.D.C.2000)). When ruling on a motion to dismiss under Rule 12(b)(2) the Court “may receive and weigh affidavits and any other relevant matter to assist it in determining the juris-. dictional facts.” Ulico Casualty Co., 257 F.Supp.2d at 144. 2. Personal Jurisdiction Over Long Beach Mortgage Loan Trust 2001-1 In this case, Defendant Long Beach Mortgage Loan Trust 2001-4 contends that it is not subject to personal jurisdiction in the District of Columbia. LB Mem. to Dismiss at 7-12. Defendant notes that due process requires that a defendant have “minimum contacts” with the forum state, including “some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum State, thus invoking the benefits and protections of its laws” for the state’s courts to assert personal jurisdiction over him. See LB Mem. to Dismiss at 8 (citation omitted). (a) The Trust’s Contacts With the District of Columbia Related to the Controversy Sub Judice Defendant submits an affidavit purporting to show it has no contacts with the District of Columbia. Long Beach Mortgage Loan Trust 2001-4, among other things, “is a New York trust and is administered ... in the State of California,” “maintains no offices in the District of Columbia,” “maintains no bank accounts in the District of Columbia,” “does not own, lease, or use any real estate of any kind in the District of Columbia,” “has no employees in the District of Columbia,” “has not made contracts within the District of Columbia,” “does not originate loans and played no role in the origination or closing of the loan to Viola Johnson,” “does not solicit mortgage loans ... and does not collect payments from borrowers on mortgage loans,” and does not have physical custody of the mortgage notes. See LB Mem. to Dismiss, Ex. 1 (5/16/05 Reyes Aff.). Based on this list, Defendant concludes that “Long Beach Trust has not purposefully directed activities in D.C. sufficient to give rise to specific personal jurisdiction in this forum.” Id. at 10. Defendant’s lengthy list of “non-contacts” with the District of Columbia misses the mark. This Court will predicate personal jurisdiction over Long Beach Mortgage Loan Trust 2001-4 not on such general contacts between the Trust and D.C. unrelated to this controversy, but rather on two specific contacts related to it. First, the Trust holds a security interest in Ms. Johnson’s property located within the District of Columbia. See Pl.’s Opp’n at 34; LB Reply at 2. Second, the Trust took assignment of Ms. Johnson’s mortgage note, and draws a revenue stream from Ms. Johnson’s mortgage payments, even if it does not directly collect such payments. See Pl.’s Opp’n at 34; LB Reply at 2. The Court finds these contacts sufficient to satisfy both the D.C. long-arm statute and due process requirements. (b) The Trust’s First Contact: Holding a Security Interest in the Ms. Johnson’s Property First, holding a security interest in D.C. property to which the controversy sub judice relates is sufficient to satisfy both the D.C. long-arm statute and due process requirements. The Trust admits that it “holds mortgage notes, including Ms. Johnson’s, secured by real property in D.C.” LB Reply at 2. The D.C. long-arm statute permits a District of Columbia court to exercise specific personal jurisdiction over a person, “as to a claim for relief arising from the person’s — (5) having an interest in, using, or possessing real property in the District of Columbia.” D.C.Code § 13-423(a) (2001). As the Trust holds a security interest in Ms. Johnson’s residence at 730 50th St., N.E., Washington D.C., it has an interest in real property in the District of Columbia. See Compl. ¶ 4; Nobelman v. American Savings Bank, 508 U.S. 324, 329, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993) (“we have specifically recognized that the justifications for application of state law are not limited to ownership interests, but apply with equal force to security interests, including the interest of a mortgagee”) (internal quotations omitted). The only other requirement needed to satisfy the D.C. long-arm statute is that Plaintiffs claim(s) arise from the Trust’s having an interest in the property. See D.C.Code § 13-423(b) (2001). The Court finds that this requirement is satisfied. Plaintiff seeks a declaration that said security interest is void, and also seeks to hold the Trust liable, as an assignee, for wrongdoing in connection with the allegedly invalid creation of the security interest. Compl. ¶¶ 112-113, 118. D.C. courts read the “arising from” requirement broadly, permitting “the exercise of personal jurisdiction to the fullest extent permissible under the due process clause.” Mouzavires, 434 A.2d at 990-91; see also Schwartz v. CDI Japan, Ltd., 938 F.Supp. 1, 5 (D.D.C.1996) (noting plaintiffs claims must be “based on acts of a defendant that touch and concern the forum”). Thus, the Trust’s holding a security interest in the property from which this dispute arises allows the Court to exercise personal jurisdiction over the Trust pursuant to the D.C. long-arm statute. Holding a security interest in D.C. property arising out of or related to the controversy sub judice is also sufficient to satisfy due process requirements. It has long been held that “[w]hen claims to the property itself are the source of the underlying dispute between the parties, the forum in which the property is located would most likely have jurisdiction.” Barry v. Mortgage Servicing Acquisition Corp., 909 F.Supp. 65, 73 (D.R.I.1995) (citing Shaffer v. Heitner, 433 U.S. 186, 207, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977)). Here, Plaintiff claims ownership of the security interest in her property based on allegedly lawful rescission of her loans, while Defendant denies any wrongdoing and thus claims the security interest as its own. See Compl. ¶¶ 31, 112-113; see generally EC Mem. to Dismiss; LB Mem. to Dismiss; see also LB Reply at 7. This contact with the District of Columbia — claimed ownership of a security interest in forum property underlying this dispute — is “neither irregular nor casual.” Int’l Shoe, 326 U.S. at 320, 66 S.Ct. 154. Similarly, it cannot be unexpected that Defendant must defend against an adverse claim to that property from a D.C. resident who owns the remainder of the property. Moreover, the Trust’s contact with this forum through claimed ownership of a security interest in forum property also shows that it “has purposefully availed itself of the benefits and protections of [District] law.” Hanson, 357 U.S. at 253, 78 S.Ct. 1228. As the Court in Shaffer explained, “the defendant’s claim to property located in the State would normally indicate that he expected to benefit from the State’s protection of his interest. The State’s strong interests in assuring the marketability of property within its borders ... would also support jurisdiction.” Shaffer, 433 U.S. at 207-08, 97 S.Ct. 2569 (internal citations omitted). The D.C. Court of Appeals endorsed a broad conception of personal jurisdiction in a case of some relevance to this one. In District of Columbia v. Chase Manhattan Bank, 689 A.2d 539, 543-45 (1997), the court found that taxing a trust as a “resident trust” did not violate due process, even though the trustee, trust assets, and trust beneficiaries were all located outside the District. For the above reasons, this Court concludes that the Trust’s claim to ownership of a security interest in Ms. Johnson’s property is a contact with this forum sufficient to subject the Trust to personal jurisdiction in this suit without offending the due process standards articulated in International Shoe and subsequent cases. (c) The Trust’s Second Contact: Taking Assignment of Ms. Johnson’s Mortgage Note Second, taking assignment of a contract that forms the basis of the controversy sub judice is sufficient to satisfy both the D.C. long-arm statute and due process requirements, where such contract was made in the District, to be performed in the District, and governed by District law. The Trust admits that it “holds mortgage notes, including Ms. Johnson’s, secured by real property in D.C.” and that “Long Beach Trust owns and receives income from mortgages on properties located in D.C.” LB Reply at 2. Taking assignment of a mortgage note is neither an “irregular nor casual” act. Int'l Shoe, 326 U.S. at 320, 66 S.Ct. 154. It requires an affirmative, purposeful act on the part of a sophisticated corporation capable of assessing potential liability arising from the acquisition. Though Long Beach Mortgage Loan Trust 2001-4 has not physically entered this jurisdiction, “jurisdiction may sometimes exist even if a defendant ‘did not physically enter the forum state.’ ” Jung, M.D. v. Assoc. of Am. Medical Colleges, 300 F.Supp.2d 119, 129 (D.D.C.2004) (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 476, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985) (emphasis in original)). It is also well established that an assignee of a contract created and to be performed in a particular forum may be subject to the jurisdiction of the forum’s courts, even if the assignee has no other relevant contacts with the forum. See McGee v. Int'l Life Ins. Co., 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957). In McGee, “neither Empire Mutual [Insurance Company] nor respondent [International Life Insurance Company] has ever had any office or agent in California. And so far as the record before us shows, respondent has never solicited or done any insurance business in California apart from the policy here.” McGee, 355 U.S. at 223, 78 S.Ct. 199. Yet the Court thought it apparent that the Due Process Clause did not preclude the California court from entering a judgment binding on respondent. It is sufficient for purposes of due process that the suit was based on a contract which had substantial connection with that State ... It cannot be denied that California has a manifest interest in providing effective means of redress for its residents when their insurers refuse to pay claims. These residents would be at a severe disadvantage if they were forced to follow the insurance company to a distant State in order to hold it legally accountable. Id. Taking assignment of a contract demonstrates, in the purest sense, that the assignee has purposefully availed himself of the benefits of the enforcing State’s law, and accepted its burdens. See, e.g., Mouzavires, 434 A.2d at 992 (“It is now well settled that the ‘transacting any business’ provision embraces those contractual activities of a nonresident defendant which cause a consequence here.”). The assign-ee relies on the State’s law to enforce the agreement, and concomitantly binds himself to discharge the liabilities the contract and law assign to him. The U.S. Court of Appeals for the First Circuit in Pritzker v. Yari, 42 F.3d 53, 61-62 (1st Cir.1994) followed these principles in rejecting a personal jurisdiction challenge by a defendant who had only one relevant contact to the forum — acquiring an interest in a lawsuit involving control over property. Observing that “in order to be subject to the jurisdiction of the forum state, a nonresident need have only one contact with the forum, so long as the contact is meaningful,” the court concluded that “by knowingly acquiring an economically beneficial interest in the outcome of a Puerto-Rico based lawsuit that involved control over property located in Puerto Rico, [the defendant] necessarily exhibited sufficient minimum contacts to subject it to the district court’s exercise of specific in personam jurisdiction.” Id. (citing McGee, 355 U.S. at 223, 78 S.Ct. 199). The First Circuit found this “path of inquiry [ ] neither long nor winding.” Id. This Court agrees. In essence, it is only necessary to conclude (1) that by acquiring an interest in real property located in the District of Columbia and taking assignment of Ms. Johnson’s mortgage, the Trust purposefully availed itself of the benefits and protections of D.C. law, and (2) that Ms. Johnson’s cause of action arises out of or relates to these contacts. Thus, at the threshold of this case, before examining the merits of Plaintiffs derivative claims against the assignee, the Court concludes that its exercise of jurisdiction over the Trust does not violate due process. (d) Discussion of Relevant Cases from Other Jurisdictions While, as noted, no cases from this jurisdiction directly address the issues presented here, several cases from other jurisdictions do so. These cases include recent decisions from the Ninth Circuit, the District of Kansas, the Western District of Tennessee, and the District of Rhode Island. See Easter v. Am. West Financial, 381 F.3d 948 (9th Cir.2004); Pilcher v. Direct Equity Lending, 189 F.Supp.2d 1198 (D.Kan.2002); Williams v. Firstplus Home Loan Owner Trust, 310 F.Supp.2d 981 (W.D.Tenn.2004); Mull v. Alliance Mortgage Banking Corp., 219 F.Supp.2d 895 (W.D.Tenn.2002); Barry v. Mortgage Servicing Acquisition Corp., 909 F.Supp. 65 (D.R.I.1995). In each of these cases, the court addressed whether it could exercise personal jurisdiction over a nonresident Trust who had purchased mortgage notes secured by real property in the forum. In brief, this Court (1) agrees with the reasoning in Easter, (2) declines to follow Pilcher, and (3) finds the remaining cases clearly distinguishable from the present case. Defendants cite Pilcher v. Direct Equity Lending, a 2002 case from the District of Kansas, to support their argument that “mere holding of mortgages secured by property in the forum state [is] not sufficient to confer jurisdiction over the defendant trusts.” LB Mem. to Dismiss at 12. The U.S. District Court for the District of Kansas held that it did not have personal jurisdiction over nonresident trusts who were assignees of Kansas mortgages. See Pilcher, 189 F.Supp.2d at 1209-10. The court was persuaded by the lack of contacts between the trusts and Kansas, and by availability to the trusts of a good faith defense against claims of liability. See id. The court also importantly noted that “the essence of the plaintiffs’ case is not the lien the Trusts hold on Kansas real property, but the allegedly illegal interest and fees charged in connection with the challenged loans.” Id. at 1209. The cause of action in Pilcher might therefore not be said to arise out of or relate to the trusts’ interests in Kansas real property. In the instant case, in contrast, the essence of Plaintiffs case is both the allegedly void security interest and allegedly illegal fees charged in connection with the loans. Regardless, this Court must respectfully disagree with the Pilcher court’s conclusion that because “the Trusts have not attempted to foreclose any liens on Kansas property ... [t]here is no evidence that the Trusts ever intended to purposefully avail themselves of the privilege of transacting business in Kansas, such that they might reasonably anticipate being haled into court here.” Id. at 1209. As the Supreme Court has made clear, a “defendant’s claim to property located in the State would normally indicate that he expected to benefit from the State’s protection of his interest.” Shaffer, 433 U.S. at 207-08, 97 S.Ct. 2569. Indeed, to be subject to the jurisdiction of the courts, a defendant need only purposefully avail himself of “the benefits and protection of the laws of the state, including the right to resort to the courts for the enforcement of its rights.” Int’l Shoe, 326 U.S. at 320, 66 S.Ct. 154. In this case, as in Pilcher, the trusts have purposefully availed themselves of the benefits and protections of state law by relying on the right to resort to the courts for the enforcement of their security interests and revenue streams under the mortgages. This simple conclusion was, in fact, all the Ninth Circuit found necessary to validate the exercise of personal jurisdiction over nonresident trusts in a case similar to this one. See Easter, 381 F.3d at 960-61. The court reasoned that: the Trust Defendants have availed themselves of the protections of Washington law because they are beneficiaries of deeds of trust, which hypothecate Washington realty to secure payments on notes owned by the Trust Defendants. The deeds of trust convey a property interest in Washington realty, which interest the Trust Defendants expect Washington law to protect ... The Trust Defendants also receive money from Washington residents, albeit routed through the loan servicing companies who actually bill the payors. Id. This Court finds the analysis in Easter more persuasive. The other cases Defendant cites to support its position are clearly distinguishable from the present case. In Williams v. Firstplus Home Loan Owner Trust, 310 F.Supp.2d 981 (W.D.Tenn.2004), Mull v. Alliance Mortgage Banking Corp., 219 F.Supp.2d 895 (W.D.Tenn.2002), and Barry v. Mortgage Servicing Acquisition Corp., 909 F.Supp. 65 (D.R.I.1995), the courts declined to exercise personal jurisdiction because the hypothecated property was unrelated to the cause of action. Quite simply, plaintiffs attempted to count mortgages held on forum property other than their own as constitutionally sufficient contacts. Thus, the courts lacked a fundamental requirement for valid exercise of specific personal jurisdiction' — -that the cause of action “arise out of or relate to” the defendant’s contacts with the forum. In fact, Defendant cites Mull for the proposition that “when a defendant’s forum activities consist solely of holding mortgages secured by property in the forum state, the contacts cannot be characterized as continuous or systematic such that an exercise of general personal jurisdiction would be permissible.” LB Reply at 2 (quoting Mull, 219 F.Supp.2d at 905-907) (emphasis added). The Court agrees with that proposition, and consequently does not find the exercise of general personal jurisdiction over the Trust permissible. Rather, as already shown, the cause of action arises out of and relates to the Trust’s claimed ownership of the security interest in Ms. Johnson’s property, and the Trust’s taking assignment of Ms. Johnson’s mortgage, so that the exercise of specific personal jurisdiction is permissible. B. Plaintiff’s Fraud and Negligent Supervision Claims Against Long Beach Mortgage Company Defendant Long Beach Mortgage Company argues that “Plaintiff[ ] failed to state a claim for fraud [or negligent supervision] against LB Mortgage” because Long Beach Mortgage cannot “be held vicariously liable for the acts of another company’s employee.” See LB Mem. to Dismiss at 20. To support its position, Defendant cites Computer Data Systems, Inc. v. Kleinberg, 759 F.Supp. 10, 18 (D.D.C.1990), parenthetically noting that the court “dismiss[ed] plaintiffs fraud claim -for failing to plead the elements with sufficient particularity.” Id. Plaintiff responds that “a party need not be employed by another to be its agent and [ ] agency need not be pled with particularity....” Pl.’s Opp’n at 37. Rule 9(b) states that “the circumstances constituting fraud or mistake shall be stated with particularity.” Fed.R.Civ.P. 9(b). By its terms, Rule 9(b) does not require that a claim of agency be stated with particularity. The purpose of Rule 9(b) “is to ensure that the party accused of fraud, a matter implying some degree of moral turpitude and often involving a ‘wide variety of potential conduct,’ is given adequate notice of the specific activity that the plaintiff claims constituted the fraud so that the accused party may file an effective responsive pleading.” Lachmund v. ADM Investor Servs., Inc., 191 F.3d 777, 783 (7th Cir.1999) (finding Rule 9(b) will apply to the issue of agency where plaintiff depends on substantive allegations of fraud to establish agency relationship). Here, the parties do not dispute that plaintiff has described the time, place, and content of the alleged fraudulent statements with sufficient particularity to satisfy Rule 9(b). See Compl. ¶¶ 20-29. The Court finds that Defendant Long Beach has “adequate notice ... so that [it] may file an effective responsive pleading.” Lachmund, 191 F.3d at 783. Indeed, Long-Beach Mortgage is keenly aware that Plaintiffs fraud claim against it depends on its alleged role as principal to Mortgage USA. Long Beach can prepare an adequate answer either denying the existence of this relationship or contesting Plaintiffs specific claims of fraud to meet Plaintiffs allegations. The Court agrees that, when read in a light favorable to Plaintiff, Plaintiffs “allegations and inference provide [Long Beach Mortgage] adequate notice that the agency relationship turns on general roles played by Mortgage USA and Mr. Thompson in loan making.” Pl.’s Opp’n at 38. Accordingly, Defendant’s Motion to Dismiss Plaintiffs fraud and negligent supervision claims against Long Beach Mortgage for failure to adequately plead agency is denied. C. Plaintiffs Unconscionability Claims Plaintiff asserts claims of unconsciona-bility in Counts I and III of her Complaint, under (1) the D.C. Consumer Protection Procedures Act, D.C.Code § 28-3904(r), (2) U.C.C. Article 2, D.C.Code § 28:2-302, and (3) the common law. The Court now addresses the adequacy of Plaintiffs pleading and availability of relief for these claims, addressing the latter two claims first. 1. Plaintiffs Claim of Unconscionability Under D.C.Code § 28:2-302 Plaintiff asserts a claim of unconscionability in Count III, which is captioned “Unconscionability [new line] D.C.Code Section 28:2-302.” See Compl. ¶¶ 46-52. D.C.Code § 28:2-302 codifies U.C.C. Article 2. U.C.C. Article 2 applies only to sale of goods, not loans. See D.C.Code §§ 28:2-102, 28:2-105(1) (2001) (“this article applies to transactions in goods; it does not apply to any transaction which ... is intended to operate only as a security transaction”); see also Williams v. Central Money Co., 974 F.Supp. 22, 28 (D.D.C.1997). Thus, Plaintiff cannot base her unconscionability claim on D.C.Code § 28:2-302. 2. Plaintiffs Claim of Unconscionability Under the Common Laiv Reading the Complaint in a light favorable to Plaintiff, however, Count III can be construed to encompasses a claim for common law unconscionability, as well as statutory unconscionability under the DCCPPA. It states, for instance, that “[i]n the District of Columbia, a contract is unconscionable if there is an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to another party” without referencing the U.C.C. provision. Compl. ¶ 47. This statement of un-conscionability mirrors that given in Williams v. Walker-Thomas Furniture Co., 350 F.2d 445, 449 (D.C.Cir.1965), an influential pre-U.C.C. case formulating the common law doctrine of unconscionability. As such, the Court will treat Count III of Plaintiffs Complaint as asserting claims for unconscionability under both D.C.Code § 28:2-302 and the common law. Defendants contend that Plaintiffs unconscionability claim should be dismissed for two reasons: (1) because “a claim for unconscionability is a defense and cannot be used as an affirmative cause of action,” and (2) because “Plaintiffs ... fail to allege an [essential] element of the claim: the absence of a meaningful choice.” LB Mem. to Dismiss at 21. First, citing for support a number of cases from around the country, Defendants argue that under the common law a court can do no “more than refuse enforcement of the unconscionable section or sections of the contract” but cannot award either restitution or money damages. Id. at 21 (citing Bennett v. Behring Corp., 466 F.Supp. 689, 700 (S.D.Fla.1979) (“the equitable theory of unconscionability has never been utilized to allow for the affirmative recovery of money damages”; “neither the common law of Florida, nor that of any other state, empowers a court addressing allegations of unconscionability to do more than refuse enforcement of the unconscionable section or sections of the contract”); Vom Lehn v. Astor Art Galleries, Ltd., 86 Misc.2d 1, 380 N.Y.S.2d 532, 541 (N.Y.Sup.Ct.1976); Cowin Equip. Co. v. General Motors Corp., 734 F.2d 1581, 1583 (11th Cir.1984); Galvin v. First Nat’l Monetary Corp., 624 F.Supp. 154, 158 (E.D.N.Y.1985)). Defendants’ proposition is accurate. Williams v. Walker-Thomas Furniture Co. itself involved a defense of unconscion-ability in a suit to replevy items purchased by Mrs. Williams. See also Restatement (Second) of Contracts § 208 (“If a contract or term thereof is unconscionable ... a court may refuse to enforce the contract. ...”). Likewise, in Williams v. Central Money, the court agreed that “the claim of common law unconscionability appears to apply only defensively, for example, as a response to an attempt to enforce a contract.” 974 F.Supp. at 28 (citing Restatement (Second) of Contracts § 208 comment g). Accordingly, that court dismissed unconscionability claims against loans that “were paid off and no enforcement of those loans was involved.” Id. at 28. On the other hand, that court did not dismiss an unconscionability claim against a mortgage loan with an outstanding balance. See id. The court found a sufficiently definite controversy to merit a judgment on the enforceability of the loan agreement. See id. In this case, Plaintiff seeks “compensatory damages” under Count III. Compl. ¶ 52. As the foregoing exposition shows, Plaintiff cannot recover compensatory damages under the common law doctrine of unconscionability. Plaintiff counters that her “unconscionability claims are actionable for declaratory relief’ because “Ms. Johnson is in default on her loan and, with her home at stake, the amounts owed or not owed affect every financial decision she might make.... ” Pl.’s Opp’n at 36. This controversy may be “definite and conCrete” and “admitting of specific relief through a decree of a conclusive character,” warranting declaratory relief. Aetna Life Ins. Co. of Hartford, Conn. v. Haworth, 300 U.S. 227, 240-41, 57 S.Ct. 461, 81 L.Ed. 617 (1937); see also Fed.R.Civ.P. 57; 28 U.S.C. § 2201. The Court finds it imprudent at this stage to so rule, however, based only on Plaintiffs assertion that “the amounts owed or not owed affect every financial decision [Ms. Johnson] might make.... ” Pl.’s Opp’n at 36. Importantly, Plaintiff has not described Ms. Johnson’s options to avoid foreclosure, or any advantages litigation before this Court seeking declaratory relief would have over an assertion of unconscionability in a presumably impending foreclosure proceeding. The Court will therefore defer ruling on the availability of declaratory relief for Ms. Johnson under the common law doctrine of unconscionability, pending (1) resolution of dismissal of this claim on statute of limitations grounds, and (2) further development of facts describing Ms. Johnson’s legal options to avoid foreclosure. Second, Defendants argue that “Nowhere in the complaint do Plaintiffs allege — nor can they — that Ms. Johnson did not have a meaningful choice to obtain her loan from someone other than Mortgage USA or LB Mortgage.” LB Mem. to Dismiss at 22. The Court disagrees. Lack of meaningful choice encompasses not only choice of mortgage broker and lender, but also choice about the terms of the contract. See, e.g., Williams v. First Gov’t Mortg. and Investors Corp., 225 F.3d 738, 748 (D.C.Cir.2000) (“Whether a meaningful choice is present in a particular case can only be determined by consideration of all the circumstances surrounding the transaction. In many cases the meaningfulness of the choice is negated by a gross inequality of bargaining power. The manner in which the contract was entered is also relevant to this consideration”). Here Plaintiff alleges Ms. Johnson had “no bargaining power in her discussions with Mr. Thompson” and that “Defendants took unfair advantage of Ms. Johnson’s age, limited education, limited ability to comprehend the nature of the loans, limited economic resources and lack of business sophistication. ...” Compl. ¶¶ 49, 51. Plaintiff has therefore adequately alleged lack of meaningful choice. Count III of Plaintiffs Complaint accordingly asserts a valid claim of common law unconscionability, possibly admitting of a declaration of the enforceability of the Loan II agreement as a remedy. 3. Plaintiffs Claim of Unconscionability Under D.C.Code § 28-390I(r) Plaintiff brings a claim of unconsciona-bility under D.C.Code § 28-3904(r) in Count I of her Complaint. See Compl. ¶¶ 35, 37. Section 28-3904(r) declares it “a violation of this chapter ... for any person to ... (r) make or enforce unconscionable terms or provision of sales or leases.... ” D.C.Code § 28-3904(r) (2001). The Court first determines whether this provision applies to the transaction at issue in this case, and then determines whether an action for damages can be brought for its violation. Finally, the Court determines if Plaintiff has adequately alleged the elements of unconscionability under § 28-3904(r). First, in DeBerry v. First Gov’t Mortg. & Investors Corp., 743 A.2d 699, 703 (D.C.1999), the District of Columbia Court of Appeals expressly held that D.C.Code § 28-3904(r) applies to real estate mortgage finance transactions. Though mortgage finance transactions are not obviously “sales or leases,” the court found them “sales” of mortgage financing services for purposes of the D.C. Consumer Protection Procedures Act. Thus, D.C.Code § 28-3904(r) applies to the transaction at issue in this case. Second, D.C.Code § 28-3905(k)(1) authorizes “a person” to “bring an action under this chapter in the Superior Court of the District of Columbia, seeking relief from the use by any person of a trade practice in violation of a law of the District of Columbia and may recover or obtain the following remedies ...” D.C.Code § 28-3905(k)(1) (2001). Remedies include treble damages, reasonable attorney’s fees, punitive damages, an injunction, and “any other relief which the court deems proper.” Id. The express terms of 28-3905(k)(1) therefore authorize Plaintiff to bring an action for a violation of § 28-3904(r), and to seek money damages and other relief as remedies. Id.; see also Cooper v. First Gov’t Mortg. and Investors Corp., 206 F.Supp.2d 33, 35 (D.D.C.2002) (“The CPPA provides consumers with a private cause of action against merchants who make or enforce unconscionable leases or sales provisions”) (citing Slaby v. Fairbridge, 3 F.Supp.2d 22, 27 (D.D.C.1998)). While this Court is not “the Superior Court of the District of Columbia,” this Court has jurisdiction to hear the claim because states cannot prevent resort to federal courts with proper jurisdiction for enforcement of a right created by the state. See Indep. Commc’ns Network v. MCI Telecomms. Corp., Inc., 657 F.Supp. 785, 786 (D.D.C.1987); Markham v. City of Newport News, 292 F.2d 711, 712 (4th Cir.1961). Thus, Plaintiff can bring an affirmative action in this Court asserting unconscionability under D.C.Code § 28-3904(r) and § 28-3905(k). Third, § 28-3904(r) states “in applying this subsection, consideration shall be given to ... (1) knowledge by the person at the time credit sales are consummated that there was no reasonable probability of payment in full of the obligation by the consumer; ... (5) that the person has knowingly taken advantage of the inability of the consumer to reasonably protect his interests by reasons of age.... ” D.C.Code § 28-3904(r) (2001). Plaintiff alleges, among other things, that “[a]fter closing on Loan II, Ms. Johnson had to pay over half of her monthly income to mortgage costs” and that in making the loans “Defendants took unfair advantage of Ms. Johnson’s age, limited education, limited ability to comprehend the nature of the loans, limited economic resources and lack of business sophistication.... ” Compl. ¶¶ 30, 51. Plaintiff has therefore adequately alleged a claim under § 28-3904(r). Plaintiffs unconscionability claim under § 28-3904(r) shall not be dismissed on the above grounds. D. Statutes of Limitations Defendants argue in their motions to dismiss that statutes of limitations bar all of the claims asserted in Plaintiffs Complaint. EC Mem. to Dismiss at 4-13; LB Mem. to Dismiss at 12-19. This argument is properly considered via a Rule 12(b)(6) motion. See Nat’l R.R. Passenger Corp. v. Lexington Ins. Co., 357 F.Supp.2d 287, 292 (D.D.C.2005) (“A defendant may raise the affirmative defense of a statute of limitations via a Rule 12(b)(6) motion when the facts giving rise to the defense are apparent on the face of the complaint”); see also Gordon v. Nat’l Youth Work Alliance, 675 F.2d 356, 360 (D.C.Cir.1982) (“the proper method for raising a defense of limitation is a motion under Rule 12(b)(6)”). A motion to dismiss may be granted on statute of limitations grounds only if apparent from the face of the complaint. See Doe v. U.S. Dep’t of Justice, 753 F.2d 1092, 1115 (D.C.Cir.1985); see also Firestone v. Firestone, 76 F.3d 1205, 1209 (D.C.Cir.1996) (“courts should hesitate to dismiss a complaint on statute of limitations grounds based solely on the face of the complaint. [B]ecause statute of limitations issues often depend on contested questions of fact, dismissal is appropriate only if the complaint on its face is conclusively time-barred”) (citations omitted). For the reasons set forth below, the Court finds that: (1) Plaintiffs TILA rescission claim in Count XII is not barred by the applicable statute of limitations as against EquiCredit Corp.; (2) Plaintiffs TILA rescission claim in Count XII is barred by the applicable statute of limitations as against all other Defendants; (3) Plaintiffs claims of civil liability under TILA are barred by the applicable statute of limitations as to all Defendants; (4) Plaintiffs Usury Statute claim in Count IV is barred by the applicable statute of limitations as to all Defendants; (5) the discovery rule applies to Plaintiffs D.C. common law and statutory claims; (6) under the discovery rule, the date of accrual of Plaintiffs non-Usury Statute D.C. claims depends on the existence of the alleged fiduciary relationship between Ms. Johnson and Mortgage USA, and cannot be determined as a matter of law on this motion to dismiss. 1. TILA Claims The statute of limitations on TILA claims begins to run “from the date of the occurrence of the violation.” 15 U.S.C. 1640(e) For claims of civil liability under TILA, the date of occurrence of the violation is no later than the date of loan settlement. See Lawson v. Nationwide Mortg. Corp., 628 F.Supp. 804, 807 (D.D.C.1986). For claims of failure to effectuate rescission, the date of occurrence of the violation is the earlier of when the creditor refuses to effectuate rescission, or 20 days after it receives the notice of rescission. See McNinch v. Mortgage America, Inc. (In re McNinch), 250 B.R. 848, 852 (Bankr.W.D.Pa.2000). For the reasons set forth below, (1) Plaintiffs claims of civil liability under TILA are barred by the applicable statute of limitations as to all Defendants; (2) Plaintiffs TILA claim in Count XII seeking rescission of Loan I as against EquiCredit Corp. was timely brought within one year and twenty days after she sent her Notice of Rescission to EquiCredit; (3) Plaintiffs equivalent claim in Count XII against Washington Mutual is barred, as it was not brought within one year and twenty days after Ms. Johnson sent her Notice of Rescission to Long Beach or Washington Mutual. (a) Civil liability under TILA Count XI of Plaintiffs Complaint asserts claims of civil liability under TILA against Mortgage USA, EquiCredit Corp., and Long Beach. See Compl. ¶¶ 104-107. An action for civil liability under TILA must be brought “within one year from the date of the occurrence of the violation.” 15 U.S.C. § 1640(e). In closed-end consumer credit transactions, such as the one in this case, the limitations period begins to run on the date of settlement. See Postow v. OBA Fed. Savings & Loan Assoc., 627 F.2d 1370, 1380 (D.C.Cir.1980); Lawson v. Nationwide Mortg. Corp., 628 F.Supp. 804, 807 (D.D.C.1986) (“In this circuit, violation of TILA occurs no later than the date of settlement of any loan for which required disclosures have not been made”). Here, Plaintiff alleges that “[w]ith respect to Loan I, EquiCredit ... failed to make any TILA disclosures whatsoever.” See Compl. ¶¶ 17, 106. Because Loan I closed on April 2, 2001, Plaintiffs TILA claim for this alleged violation expired one year later on April 2, 2002. As Plaintiff did not file this lawsuit until March 30, 2005, Count XI of the Complaint against EquiCredit is barred by TILA’s one-year statute of limitations and shall be dismissed. Similarly, Plaintiff alleges in Count XI that “[w]ith respect to Loan II, Long Beach ... failed to disclose to Ms. Johnson, inter alia, the proper amount financed” as required by TILA. See Compl. ¶¶ 20-27, 106. Because Loan II closed on August 17, 2001, Plaintiffs TILA claim for this alleged violation expired one year later on August 17, 2002. As Plaintiff did not file this action until March 30, 2005, Count XI of the Complaint against Long Beach is barred by TILA’s one-year statute of limitations and shall be dismissed. (b) Declaration of a Valid Rescission Count XII requests “Declaratory Relief of a Valid Rescission Under TILA” against EquiCredit and Washington Mutual, the lenders. See Compl. ¶¶ 108-115. Under TILA, borrowers have three business days after the loan is consummated to exercise their right of rescission and cancel the transaction. See 15 U.S.C. § 1635(a). If the creditor fails to provide all material disclosures and/or proper notice of the right to rescind, however, a borrower’s right of rescission is extended to three years from the date of settlement. See 15 U.S.C. § 1635(f). If the borrower exercises her right of rescission during this extended period, the creditor’s denial of rescission or its failure to properly respond to the rescission within 20 days after receipt of notice gives rise to a potential violation under TILA and commences the running of TILA’s one year statute of limitations. See 15 U.S.C. § 1635(b) (requiring creditor “[w]ithin 20 days after receipt of a notice of rescission to return [to] the obligor any money or property given as earnest money, down-payment or otherwise, and [to] take any action necessary or appropriate to reflect the termination of any security interest created under the transaction”); McNinch v. Mortgage America, Inc. (In re McNinch), 250 B.R. 848, 852 (W.D.Pa.2000) (statute of limitations for rescission violation runs from date of violation, which is the failure to act, which becomes a violation 20 days after creditor receives notice); Velazquez v. HomeAmerican Credit, Inc., 254 F.Supp.2d 1043, 1048 (N.D.Ill.2003) (statute begins to run from the date creditor refuses to rescind). In this case, Plaintiff alleges that “Ms. Johnson, through counsel ... sent a notice of rescission pursuant to Section 125 of TILA, U.S.C. Sec. 1635, Regulation Z, Sections 226.23” to Washington Mutual on February 26, 2003, and that Washington Mutual did not acknowledge her rescission. See Compl. ¶¶ 31; Pl.’s Opp’n at 14. The alleged TILA violation occurred 20 days later, on March 18, 2003, and commenced the running of TILA’s one year statute of limitations. See 12 C.F.R. § 226.23(a)(2) (“Notice is considered given when mailed”). The limitations period ended one year later, on March 18, 2004. Because Plaintiff did not file this lawsuit until March 30, 2005, Plaintiffs rescission claim against Washington Mutual in Count XII is time-barred as a matter of law. Similarly, Plaintiff alleges that “Ms. Johnson, through counsel ... sent a notice of rescission pursuant to Section 125 of TILA, U.S.C. Sec. 1635, Regulation Z, Sections 226.23” to EquiCredit Corp. on March 26, 2004, and that EquiCredit did not acknowledge her rescission. See Compl. ¶¶ 31; Pl.’s Opp’n at 10. Under these facts, the limitations period on Plaintiffs rescission claim began to run on April 15, 2004, and ended on April 15, 2005. Because Plaintiff filed this lawsuit on March 30, 2005, Plaintiffs rescission claim against EquiCredit in Count XII is not time-barred. 2. Dates of Accrual of Plaintiffs D.C. Claims In this section and the next section, the Court (i) examines the dates of accrual of Plaintiffs claims of violations of the D.C. Consumer Protection Act, D.C. Consumer Protection Procedures Act, and Usury Statute, common law fraud, unconsciona-bility, conspiracy, aiding and abetting the deception of Ms. Johnson, negligence, and negligent supervision (“D.C. claims”), then (ii) determines how long Plaintiff had from the dates of accrual to sue without violating applicable statutes of limitations. The Court finds that: (i) under the discovery rule, the dates of accrual of Plaintiffs D.C. claims depends on the existence of the alleged fiduciary relationship between Ms. Johnson and Mortgage USA, which cannot be determined as a matter of law on this motion to dismiss, and (ii) all of Plaintiffs D.C. claims apart from her claim under the Usury Statute are governed by the District’s residual three-year statute of limitations; Plaintiffs Usury Statute claim is governed by its own statute of limitations and shall be dismissed. (a) Accrual of a Cause of Action Under the Discovery Rule Under the D.C. statute of limitations, D.C.Code § 12-301, the limitations period begins to run “from the time the right to maintain the action accrues.” D.C.Code § 12-301 (2001). As a general rule under D.C. law, “[w]here the fact of an injury can be readily determined, a claim accrues for purposes of the statute of limitations at the time the injury actually occurs.” Mullin v. Wash. Free Weekly, Inc., 785 A.2d 296, 298 (D.C.2001) (citing Colbert v. Georgetown Univ., 641 A.2d 469, 472 (D.C.1994)). In a restricted class of cases, however, where “the relationship between the fact of injury and the alleged tortuous conduct [is] obscure,” the discovery rule applies. Colbert, 641 A.2d at 472-73. Under the discovery rule, “the statute of limitations will not run until plaintiffs know or reasonably should have known that they suffered injury due to the defendants’ wrongdoing.” Id. at 473. D.C. courts have applied this rule in cases of medical malpractice, see Burns v. Bell, 409 A.2d 614 (D.C.1979) (adopting the discovery rule); legal malpractice, Ray v. Queen, 747 A.2d 1137, 1141 (D.C.2000); defective house design and construction, Ehrenhaft v. Malcolm Price, Inc., 483 A.2d 1192, 1202 (D.C.1984); repressed memories of sexual abuse, Farris v. Compton, 652 A.2d 49, 54-55 (D.C.1994); products liability where the injury is a latent disease, Wilson v. Johns-Manville Sales Corp., 684 F.2d 111, 116-17 (D.C.1982); and fraud, Diamond v. Davis, 680 A.2d 364 (D.C.1996). The D.C. Court of Appeals deemed the discovery rule appropriate in these