Supreme Court of the United States · Official docket →
TD Bank, N.A. v. Tania Pulliam, et al.
Paid petition · Supreme Court of California, No. S267576 · judgment May 26, 2022
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
Proceedings
- Jan 09 2023Petition DENIED.
- Dec 14 2022DISTRIBUTED for Conference of 1/6/2023.
- Dec 13 2022Reply of petitioner TD Bank, N.A. filed. (Distributed)
- Nov 28 2022Brief of respondent Tania Pulliam in opposition filed.
- Oct 26 2022Brief amici curiae of American Bankers Association, et al. filed.
- Oct 19 2022Motion to extend the time to file a response is granted and the time is extended to and including November 28, 2022.
- Oct 18 2022Motion to extend the time to file a response from October 27, 2022 to November 28, 2022, submitted to The Clerk.
- Sep 23 2022Petition for a writ of certiorari filed. (Response due October 27, 2022)
- Aug 17 2022Application (22A134) granted by Justice Kagan extending the time to file until September 23, 2022.
- Aug 11 2022Application (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.