Court of Appeal (Cal.) Says Legislative Effort to Overrule Lafferty’s Cap on Attorneys’ Fees under the FTC Holder Rule is Preempted

In Spikener v. Ally Financial, Inc. , the Court of Appeal deferred to the FTC’s 2019 interpretation of the FTC Holder Rule, holding that the Holder Rule limits recovery, including attorneys’ fees, against the holder to the amount that the debtor paid under the assigned contract.  Civil Code 1459.5, which was enacted post-Lafferty to allow a debtor to recover uncapped attorneys’ fees against the holder is conflict pre-empted by the Holder Rule as interpreted by the FTC.