Holder Rule

News & Analysis as of

Will Assignee Liability Increase as FTC Seeks Comments on the Holder Rule?

The “Adam’s Rib” of assignee liability ? the “Holder Rule” issued by the Federal Trade Commission (“FTC”) in 1976 ? is up for review. Imposing liability on innocent purchasers of consumer credit loans for the legal violations...more

FTC seeks comments on preservation of consumer claims and defenses rule

In a Federal Register notice on December 1, 2015, the Federal Trade Commission announced that it is undertaking a review of its Trade Regulation Rule concerning the Preservation of Consumers’ Claims and Defenses (commonly...more

Comments Sought on Cost, Benefit of FTC’s Holder Rule

Since the early 1990s, the Federal Trade Commission (FTC) has conducted periodic reviews of its numerous trade regulation rules and industry guides in order to, in its words, “ensure that they enhance consumer welfare without...more

Federal Trade Commission Solicits Comments on Holder Rule

The Federal Trade Commission (FTC) just published a request for public comments on the economic impact of and continuing need for the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses, commonly...more

Lost & Found: How Business Owners Should Handle Unclaimed Property

This week, it was announced that Kentucky State Treasurer, Todd Hollenbach, has returned more than $100 million in unclaimed property to its rightful owners during his six years in office. According to Hollenbach, that is...more

California Appeals Court Permits Borrowers’ Claims Against Lender Based On Auto Dealer’s Alleged Breach Of Installment Contract

On February 4, the California Court of Appeal, Third District, held the FTC’s Holder Rule allows borrowers to assert claims against a lender assignee that they might otherwise have against the auto dealer with whom the...more

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