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« Arbitration, Mediation: $38,000 Fee/Costs Award By Arbitrator To Prevailing Seller Was No Abuse Of Discretion | Main | Arbitration: Where Arbitration Costs Are Only Allowed To Be Granted By An Arbitator, That Contractual Clause Is Binding »

March 25, 2022

Consumer Statutes, Preemption: FTC Holder Rule Was To Be Applied Retroactively Such That Attorney’s Fees Denial Should Be Reversed

Civil Code Section 1495.5 Recent Enactments Sealed The Result.

            The Fifth District, in Reyes v. Beneficial State Bank, Case No. F080827 (5th Dist. Mar. 2022) (published), had to confront a FTC Holder Rule argument that it capped attorney’s fees as “recovery” by its terms.  The appellate court, relying on Pulliam (see our Feb. 2, 2021 post), agreed that this was the case, but reversed an attorney’s fees denial because Civil Code section 1459.5 retroactively nullified the impact of this rule so that the Holder Rule cap did not apply. 

Posted at 10:17 AM in Cases: Consumer Statutes, Cases: Preemption |

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