Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Federal Trade Commission Solicits Comments on Holder Rule

By Bradley on December 2, 2015
Email this postTweet this postLike this postShare this post on LinkedIn

Federal Trade Commission Solicits Comments on Holder RuleThe Federal Trade Commission (FTC) just published a request for public comments on the economic impact of and continuing need for the Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses, commonly known as the “Holder Rule.” In addition, the FTC has requested public comments on any developments in case law that should be reflected in the Holder Rule, and the effect on the Holder Rule of any recent regulatory, technological, economic, or other industry changes. This request for public comments is part of the FTC’s periodic review of its rules and any information submitted in response to the request will assist the FTC in identifying whether changes to the Holder Rule are warranted. Written comments must be received by the FTC on or before February 12, 2016.

Background

The Holder Rule protects consumers who enter into credit contracts with a seller of goods or services by preserving their right to assert claims and defenses against any holder of the contract, even if the original seller subsequently assigns the contract to a third-party creditor or assignee. Among other requirements, the Holder Rule requires consumer credit contracts to include a disclosure that any holder of the contract is subject to all claims and defenses that the debtor could assert against the seller of the goods or services obtained under the contract. Therefore, any third-party creditor or assignee of a consumer credit contract may be subject to any claims or defenses that the consumer could have asserted against the seller.

Comments

The FTC is soliciting comment on the following specific questions, among others, related to the Holder Rule:

(1) Is there a continuing need for the Holder Rule as currently promulgated?
(2) What benefits has the Holder Rule provided to consumers?
(3) What modifications, if any, should the FTC make to the Holder Rule to increase its benefits to consumers?
(4) What impact has the Holder Rule had on the flow of truthful or deceptive information to consumers?
(5) What significant costs, if any, has the Holder Rule imposed on consumers?
(6) What modifications, if any, should be made to the Holder Rule to reduce any costs imposed on consumers?
(7) What benefits, if any, has the Holder Rule provided to businesses?
(8) What modifications, if any, should be made to the Holder Rule to increase the benefits to businesses?
(9) What significant costs, if any, including costs of compliance, has the Holder Rule imposed on businesses?
(10) What modifications, if any, should be made to the Holder Rule to reduce the costs imposed on businesses?
(11) What evidence is available concerning the degree of industry compliance with the Holder Rule?
(12) Are any of the Holder Rule’s requirements no longer needed?
(13) What modifications, if any, should be made to the Holder Rule to account for changes in relevant technology or economic conditions?
(14) Does the Holder Rule overlap or conflict with other federal, state, or local laws or regulations?

Photo of Bradley Bradley

Elena Lovoy’s practice focuses on state and federal regulatory compliance issues facing banks and financial services companies in connection with their consumer lending operations. She also works with vendors serving the consumer finance industry. Shehas extensive experience advising financial services companies on the…

Elena Lovoy’s practice focuses on state and federal regulatory compliance issues facing banks and financial services companies in connection with their consumer lending operations. She also works with vendors serving the consumer finance industry. Shehas extensive experience advising financial services companies on the state and federal consumer protection laws and regulations impacting their lending operations. Elena works with companies to monitor and respond to regulatory and other legislative developments and to develop forms, procedures and strategies to ensure compliance with these requirements. View articles by Elena

Read more about BradleyEmailBradley's Linkedin Profile
Show more Show less
  • Posted in:
    Business and Commercial
  • Blog:
    Financial Services Perspectives
  • Organization:
    Bradley Arant Boult Cummings LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo