Preservation of consumers' claims and defenses, unfair or deceptive acts or practices
| Currency | Current through May 31, 2023 |
| Citation | 16 C.F.R. §433.2 |
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7 cases
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State v. Ideal Horizon Benefits, LLC
...to step into the shoes of consumers and enforce their private contractual rights. 1. Derivative Liability The Holder Rule, codified in 16 C.F.R. § 433.2, makes it “unfair or deceptive act” to fail to include in a consumer credit contract: “Any holder of this consumer credit contract is subj......
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Thompson v. Navy Fed. Credit Union
...With the usual caveat, this claim is viable because the plaintiff alleges an inadequate investigation after his disputing the debt. 5. 16 C.F.R. § 433.2 C.F.R. § 433.2 is an FTC rule called the “Holder Rule.” It requires sellers to include in their consumer contracts a notice that any holde......
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Roussell v. Santander Consumer, Inc.
...Act's holder in due course rule, the Louisiana Unfair Trade Practice Act, and the Uniform Commercial Code (“UCC”). La. R.S. 51:1409; 16 C.F.R. § 433.2. (R. Doc. 9). This Court not afford Plaintiff leave to amend to add these claims to the Complaint because, as Defendant correctly argues, to......
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Pow v. I6 Prop. Fla.
...claims for breach of fiduciary duty, breach of contract, the Uniform Commercial Code (the “UCC”), and violation of 16 C.F.R. §§ 433.2 and 433.2 should be dismissed without Second, the Court finds dismissal of Plaintiff's defamation and negligence claims because of the litigation privilege w......
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1 firm's commentaries
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Will Assignee Liability Increase as FTC Seeks Comments on the Holder Rule?
...Anjali Garg Steven Kaplan 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 issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not ot......
7 books & journal articles
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Table of Statutes
...13.3(5)(c), 13.3(7)(f) 12 C.F.R. pt. 226: 13.3(4) 14 C.F.R. pt. 77: 7.4(3)(b) 16 C.F.R. pt. 310: 13.3(3)(c) 16 C.F.R. §429.1: 13.3(3)(b) 16 C.F.R. §433.2: 13.3(3)(a) 16 C.F.R. pt. 700: 13.3(5)(d) 24 C.F.R. pt. 1710: 11.6(16) Tit. 25 C.F.R.: 5.2(2) 25 C.F.R. ch. I: 5.5(4) 25 C.F.R. pt. 15: 5......
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§ 13.3 - General Federal and State Regulation
...Sales Rule, including the "do not call rule." (a) "Holder in due course" rule The purpose of the "holder in due course" rule, 16 C.F.R. § 433.2, is the preservation of consumers' claims and defenses. The rule requires that all consumer credit contracts for the sale or lease of goods or serv......
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Section 3 Sale of a Motor Vehicle
...Z, 12 C.F.R. pt. 226 . Interest on motor vehicle time sales, § 365.120, RSMo Supp. 2010 . Holder-in-due-course rule elimination, 16 C.F.R. § 433.2; see also § 408.405, RSMo 2000 . Notice of default and right to cure, § 408.551-408.562, RSMo 2000 and Supp. 2010 . Fraud . Contract voidable be......
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Section 5 Sale of Services
.... Public adjusters, Chapter 325, RSMo . Home solicitation sales, § 407.700-407.720, RSMo 2000 . Holder-in-due-course rule elimination, 16 C.F.R. § 433.2; see also § 408.405, RSMo 2000 . Buyers' clubs, § 407.640 et seq., RSMo 2000 . Health spas, § 407.325-407.340, RSMo 2000 . Time-sharing re......
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