Sword and Shield for the Consumer

Post Reply
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Sword and Shield for the Consumer

Post by David A. Szwak »

Concluding Remarks on the FTC Holder Rule

Whether considered a small or large sword and shield for the consumer, the FTC Holder Notice frequently provides the consumer with the only avenue of recovery possible. Sellers come and go, as do warranty guarantees, and they leave behind a consumer with a defective and useless product or service and a large note payment. The ability to avoid Holder In Due Course defenses and assert claims and defenses are essential to the consumer. The FTC Holder Rule is one of those obscure tools that is often overlooked by attorneys.
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
Post Reply

Return to “FTC Holder Rule: Assignee/Holder of Consumer Credit Contract is Subject to All Claims and Defenses Consumer Has Against Original Seller/Retailer: 16 C”