Consumer Finance

California Supreme Court Denies Review of Spikener FTC Holder Rule Case

October 14, 2020

The California Supreme Court denied review and declined to depublish the Court of Appeal’s decision in Spikener. https://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2322739&doc_no=S263361&request_token=NiIwLSEmXkg%2FWyBdSCJNSElIIDg0UDxTJSIuSzxTICAgCg%3D%3D

Spikener held that the FTC Holder Rule pre-empted Civil Code section 1459.5, which legislatively sought to overrule the Lafferty decision’s finding that the FTC Holder Rule capped attorneys’ fees recoverable under the Rule. https://www.severson.com/consumer-finance/court-of-appeal-cal-says-legislative-effort-to-overrule-laffertys-cap-on-attorneys-fees-under-the-ftc-holder-rule-is-preempted/

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Consumer Finance

California Supreme Court Denies Review of Spikener FTC Holder Rule Case

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