Truth in Lending: 12.6.5.2.3 Identity of causes of action
The second typical requirement for res judicata is that the causes of action in the two suits must be the same. There is rarely a question that res judicata applies when a consumer litigated and lost a TILA claim in one court and then seeks to litigate that same claim in another court.926 But the issue is less clear when the consumer did not raise the claim in the earlier suit. For example, the earlier suit may have been a foreclosure, collection, or eviction action in which the consumer did not (or could not) file a TILA counterclaim.