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SPIKENER v. ALLY FINANCIAL, INC.

No. A157301.

50 Cal.App.5th 151 (2020)

DAMON SPIKENER, Plaintiff and Appellant, v. ALLY FINANCIAL, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

June 9, 2020.

Attorney(s) appearing for the Case

Law Office of Kevin Faulk, Kevin M. Faulk ; Rosner, Barry & Babbitt, Hallen D. Rosner , Arlyn Escalante , and Tsolik Kazandjian for Plaintiff and Appellant.

Severson & Werson, John B. Sullivan , Andrew S. Elliott and Jan T. Chilton for Defendant and Respondent.

OPINION

Title 16, section 433.2 of the Code of Federal Regulations (2020) (the Holder Rule), promulgated by the Federal Trade Commission (FTC), requires consumer credit contracts to include the following notice: "ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD...

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