Graphic of article titled "FTC Holder Rule & Attorney Fees" from Madison Law

FTC Holder Rule & Attorney Fees

Where a State Statute Provides for Attorney’s Fees, Does the FTC Holder Rule Limit the Amount? The first critical issue lies with the second sentence of the Notice required under the Holder Rule.  The Notice provides, “any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. […]

Graphic of article titled "Arbitration Agreements are (temporarily) Solution to PAGA claims" by Brett K. Wiseman, Esq., from Madison Law

Arbitration Agreements are (temporarily) Solution to PAGA claims

Arbitration Agreements are (temporarily) Solution to PAGA claims On June 15, 2022, the United States Supreme Court issued its opinion in Viking River Cruises, Inc. v. Moriana.[1]   That opinion provides that an arbitration agreement may be enforced to require an employee to arbitrate that employee’s individual PAGA claims.  That opinion further provides that there is no current law that would permit the representative PAGA claims to go forward in court […]