PULLIAM v. HNL AUTOMOTIVE INC.

No. S267576.

13 Cal.5th 127 (2022)

509 P.3d 998

293 Cal. Rptr. 3d 649

TANIA PULLIAM, Plaintiff and Respondent, v. HNL AUTOMOTIVE INC. et al., Defendants and Appellants.

Supreme Court of California.

May 26, 2022.


Attorney(s) appearing for the Case

McCreary, Duncan J. McCreary ; McGuireWoods, Leslie M. Werlin , Tanya L. Greene , Jamie D. Wells and Anthony Q. Le for Defendants and Appellants.

Madison Law, Jenos Firouznam-Heidari , James S. Sifers and Brett K. Wiseman for Westlake Services, LLC, as Amicus Curiae on behalf of Defendant and Appellant TD Auto Finance LLC.

Severson & Werson and Jan T. Chilton for American Bankers Association, American Financial Services Association, California Financial Services Association and Consumer Bankers Association as Amici Curiae on behalf of Defendant and Appellant TD Auto Finance LLC.

U.S. Chamber Litigation Center, Janet Galeria ; Akin Gump Strauss Hauer & Feld, Aileen McGrath and Sina Safvati for Chamber of Commerce of the United States of America as Amicus Curiae on behalf of Defendant and Appellant TD Auto Finance LLC.

Rosner, Barry & Babbit, Hallen D. Rosner , Arlyn L. Escalante , Serena D. Aisenman and Michael A. Klitzke for Plaintiff and Respondent.

Eliza J. Duggan and Seth E. Mermin for UC Berkeley Center for Consumer Law and Economic Justice, Centers for Public Interest Law at the University of San Diego, Consumers for Auto Reliability and Safety, Consumer Federation of California, East Bay Community Law Center, Housing and Economic Rights Advocates, National Consumer Law Center and Public Law Center as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

The Federal Trade Commission's "Holder Rule" requires consumer credit contracts to include specific language permitting a consumer to assert against third party creditors all claims and defenses that could be asserted against the seller of a good or service. (16 C.F.R. § 433.2(a) (1975).) The required notice...

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