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TD Bank, N.A. v. Tania Pulliam, et al.

Paid petition · Supreme Court of California, No. S267576 · judgment May 26, 2022


Certiorari denied · January 9, 2023
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Holder Rule, 16 C.F.R. § 433.1 et seq., requires that all consumer credit contracts used to purchase or lease goods or services “in or affecting commerce” include a provision that makes any holder of the credit contract “subject to all claims and defenses which the debtor could assert against the seller” of the purchased goods or services. 16 C.F.R. § 433.2(a) (capitalization omitted). The provision makes the bank or other entity who finances a consumer transaction—or any subsequent assignee of the financing agreement— responsible for any seller misconduct in connection with the financed sale. The mandated provision further states, however, that “recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.” Id. (capitalization omitted). The question presented is as follows: Whether, and in what circumstances, the Holder Rule’s limit on “recovery” by the debtor, 16 C.F.R. § 433.2(a), applies to, and thus caps, an attorney’s fee award in a Holder Rule suit, asserting claims against a creditor based on seller misconduct.

Counsel of record

For petitioner
Jonathan Yates Ellis
McGuireWoods LLP

For respondent
Jennifer Dale Bennett
Gupta Wessler, PLLC

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
22A134

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 14 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 13 2022
    Reply of petitioner TD Bank, N.A. filed. (Distributed)
  4. Nov 28 2022
    Brief of respondent Tania Pulliam in opposition filed.
  5. Oct 26 2022
    Brief amici curiae of American Bankers Association, et al. filed.
  6. Oct 19 2022
    Motion to extend the time to file a response is granted and the time is extended to and including November 28, 2022.
  7. Oct 18 2022
    Motion to extend the time to file a response from October 27, 2022 to November 28, 2022, submitted to The Clerk.
  8. Sep 23 2022
    Petition for a writ of certiorari filed. (Response due October 27, 2022)
  9. Aug 17 2022
    Application (22A134) granted by Justice Kagan extending the time to file until September 23, 2022.
  10. Aug 11 2022
    Application (22A134) to extend the time to file a petition for a writ of certiorari from August 24, 2022 to September 23, 2022, submitted to Justice Kagan.