16 CFR 433.2 - Preservation of consumers' claims and defenses, unfair or deceptive acts or practices
| Cite as | 16 CFR 433.2 |
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237 practice notes
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Arbitration Agreements
...regulation stating that any holder of the contract is subject to all claims and defenses that the debtor could assert against the seller. 16 CFR 433.2. --------------------------------------------------------------------------- The Bureau seeks comment on proposed Sec. 1040.4(a)(2)(i) gener......
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Jackson v. Culinary School of Washington, Civ. A. No. 91-782 (CRR).
...pursuant hereto or with the procedures hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder." 16 C.F.R. § 433.2. 11 The regulations define a purchase money loan as "a cash advance which is received by a consumer in return for a "Finance Charge" with......
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Akopyan v. Wells Fargo Home Mortg., Inc., B236455
...Letter, P–2003–5 (July 22, 2003) at p. 4, fn. 6.) The OTS explained that it relied on the Federal Trade Commission (FTC) holder rule (16 C.F.R. § 433.2), which allows for assignee liability in consumer credit contracts for goods and services. (OTS Opn. Letter, P–2003–5 (July 22, 2003) at p.......
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Akopyan v. Wells Fargo Home Mortg., Inc., B236455
...Letter, P-2003-5 (July 22, 2003) at p. 4, fn. 6.) The OTS explained that it relied on the Federal Trade Commission (FTC) holder rule (16 C.F.R. § 433.2), which allows for assignee liability in consumer credit contracts for goods and services. (OTS Opn. Letter, P-2003-5 (July 22, 2003) at p.......
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228 cases
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Jackson v. Culinary School of Washington, Civ. A. No. 91-782 (CRR).
...pursuant hereto or with the procedures hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder." 16 C.F.R. § 433.2. 11 The regulations define a purchase money loan as "a cash advance which is received by a consumer in return for a "Finance Charge" with......
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Akopyan v. Wells Fargo Home Mortg., Inc., B236455
...Letter, P–2003–5 (July 22, 2003) at p. 4, fn. 6.) The OTS explained that it relied on the Federal Trade Commission (FTC) holder rule (16 C.F.R. § 433.2), which allows for assignee liability in consumer credit contracts for goods and services. (OTS Opn. Letter, P–2003–5 (July 22, 2003) at p.......
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Akopyan v. Wells Fargo Home Mortg., Inc., B236455
...Letter, P-2003-5 (July 22, 2003) at p. 4, fn. 6.) The OTS explained that it relied on the Federal Trade Commission (FTC) holder rule (16 C.F.R. § 433.2), which allows for assignee liability in consumer credit contracts for goods and services. (OTS Opn. Letter, P-2003-5 (July 22, 2003) at p.......
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Pierre v. Planet Auto., Inc., 13-CV-675 (MKB) (JO)
...that Plaintiff can assert against Planet because Suzuki, as an assignee, "stepped into the shoes" of Planet. (Pl. Mem. 10-11 (citing 16 C.F.R. § 433.2).) The MMWA allows a consumer who is "damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation u......
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3 firm's commentaries
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Will Assignee Liability Increase as FTC Seeks Comments on the Holder Rule?
...Under the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses, 80 Fed. Reg. 75,018 (Dec. 1, 2015). [4] 16 C.F.R. § 433.2. [5] U.C.C. § 3-305(a)(1). The full list of conditions under the U.C.C. for holder in due course status are that: (1) the instrument when issu......
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Holders Beware: Holder Rule Could Expose Holder to Attorneys’ Fees In Excess of Amount of Contract
...purchase of automobiles – may need to be addressed by the California Supreme Court. Promulgated by the FTC in 1975, the “Holder Rule,” 16 C.F.R. § 433.2, is a consumer protection measure enacted to ensure that creditors cannot continue to collect from debtors when the goods in question were......
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New Developments under the Holder Rule Increase Risk to Creditors
...plaintiffs’ rights to seek attorneys’ fees and court costs from creditors pursuant to the Federal Trade Commission’s “Holder Rule,” 16 C.F.R. § 433.2. Since then, the California Supreme Court has agreed to consider the fee and cost issue. Additionally, the FTC recently issued new guidance r......
2 books & journal articles
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Third-Party Rights and Obligations
...that the assignment is invalid? How does the statute place the burden with the benefit? Uniform Commercial Code §§ 9-403(b), 9-404(a); 16 C.F.R. 433.2 PROBLEM 17: I buy a used 1972 Nova from Cheatum’s Used Cars in exchange for a promissory note and security agreement (that the car serve as ......
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Negotiating a Car Loan
...PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER” (16 C.F.R. §433.2, “Preservation of consumers’ claims and defenses, unfair or deceptive acts or The right to assert claims against the finance company is an i......