Preservation of consumers' claims and defenses, unfair or deceptive acts or practices

CurrencyCurrent through May 31, 2023
Citation 16 C.F.R. §433.2
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7 cases
  • State v. Ideal Horizon Benefits, LLC
    • United States
    • U.S. District Court — Eastern District of Tennessee
    • 30 de setembro de 2024
    ...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......
  • Thompson v. Navy Fed. Credit Union
    • United States
    • U.S. District Court — Northern District of California
    • 3 de setembro de 2024
    ...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......
  • Roussell v. Santander Consumer, Inc.
    • United States
    • U.S. District Court — Middle District of Louisiana
    • 3 de julho de 2024
    ...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......
  • Pow v. I6 Prop. Fla.
    • United States
    • U.S. District Court — Middle District of Florida
    • 13 de maio de 2024
    ...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
  • Will Assignee Liability Increase as FTC Seeks Comments on the Holder Rule?
    • United States
    • JD Supra United States
    • 28 de janeiro de 2016
    ...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
  • Table of Statutes
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 3: Real Property Interests & Duties of Third Parties (WSBA) Table of Statutes
    • Invalid date
    ...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......
  • § 13.3 - General Federal and State Regulation
    • United States
    • Washington State Bar Association Washington Real Property Deskbook Series Volume 3: Real Property Interests & Duties of Third Parties (WSBA) Chapter 13 Timeshares
    • Invalid date
    ...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......
  • Section 3 Sale of a Motor Vehicle
    • United States
    • The Missouri Bar Practice Books Consumer Law and Practice Deskbook Chapter 1 How to Analyze a Consumer Case
    • Invalid date
    ...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......
  • Section 5 Sale of Services
    • United States
    • The Missouri Bar Practice Books Consumer Law and Practice Deskbook Chapter 1 How to Analyze a Consumer Case
    • Invalid date
    .... 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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