News & Analysis as of

Holder Rule Debtors

Hudson Cook, LLP

It Takes Two to Tango: Steps a Finance Company Can Take to Protect Its Toes from a Dealership Partner with Two Left Feet

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Finding a good dance partner can be difficult. If all goes well, your and your partner's steps and turns are in sync, and you both are happy with the resulting dance. But occasionally, your dance partner may make a misstep...more

Ballard Spahr LLP

CA Supreme Court rules FTC Holder Rule’s recovery limit does not include attorney’s fees when state law provides for attorney’s...

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The California Supreme Court has ruled in Pulliam v. HNL Automotive Inc. that the FTC Holder Rule’s limit on a consumer’s “recovery” to the “amounts paid by the debtor” under the contract does include the consumer’s...more

Locke Lord LLP

California Supreme Court Interprets ‎FTC “Holder Rule” to Allow Uncapped Attorneys’ Fees ‎Awards

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On May 26, 2022, the California Supreme Court issued its decision in Pulliam v. HNL Automotive Inc., et al., Case No. S267576, 2022 WL 1672918 (May 26, 2022). The court held that the Federal Trade Commission (FTC) “Holder...more

Troutman Pepper

California Supreme Court OKs Unlimited Fee Awards Against Holders of Credit Contracts

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On May 26, California Supreme Court ruled that the Federal Trade Commission’s (FTC) “Holder Rule” does not limit the award of attorneys’ fees where a consumer seeks fees from a holder under a state prevailing party statute....more

Troutman Pepper

Another California Court of Appeals Weighs In on Availability of Attorneys' Fees Under the FTC's Holder Rule

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On March 22, California’s Fifth Appellate District Court of Appeals issued a decision on the availability of attorneys’ fees under the Federal Trade Commission’s (FTC) Holder Rule. This case follows recent FTC guidance and...more

Troutman Pepper

Another California Court of Appeals Weighs In On Availability of Attorneys’ Fees under the FTC’s Holder Rule

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On March 22, California’s Fifth Appellate District Court of Appeals issued a decision on the availability of attorneys’ fees under the Federal Trade Commission’s (FTC) Holder Rule. This case follows recent FTC guidance and...more

Ballard Spahr LLP

FTC issues advisory opinion on impact of Holder Rule on recovery of attorneys’ fees and costs

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The FTC has issued an advisory opinion that addresses the impact of its Holder Rule on the ability of consumers to recover attorney’s fees and costs....more

Troutman Pepper

The Holder Rule and Attorneys' Fees: The FTC Speaks

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On January 20, the Federal Trade Commission (FTC) issued an advisory opinion on the impact of the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses (Holder Rule) on the recovery of attorneys’...more

Ballard Spahr LLP

Banking trade groups file amicus brief with CA Supreme Court in case involving whether FTC Holder Rule’s recovery limit includes...

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The American Bankers Association, American Financial Services Association, California Financial Services Association, and Consumer Bankers Association have filed a joint amicus brief with the California Supreme Court in...more

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