FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. · ¶78

The majority provides no persuasive basis for rejecting that reasoning here. One year after TAMA, Congress surely proceeded to amend the ICA feeling safe in the knowledge that a private right of action for rescission had already been established. Congress likely understood—because we had said—that it had to operate expressly only if it wished to extend that right of action to encompass damages as well.

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