In its recent opinion in the De La Torre case, the California Supreme Court unanimously held that borrowers may use the unconscionability doctrine to challenge the interest rate on consumer loans of $2,500 or more, despite the fact that the California Finance Lender's Law (CFLL) has deregulated interest rates on such loans. The decision introduces substantial uncertainty into the marketplace for consumer lending to California borrowers under the CFLL and creates the potential for wider unconscionability attacks.

After thoroughly discussing the opinion, we will address its implications and potential impact on consumer and non-consumer lenders including:

  • The lenders making consumer loans to California borrowers that are subject to unconscionability claims

  • The decision’s potential implications for lenders making consumer loans in other states and for non-consumer lending

  • The availability of federal preemption

  • The enforcement and private litigation risks created by the decision

Date & TIme

Tuesday, October 16, 2018
12:00 PM - 1:00 PM ET

Moderator

Alan S. Kaplinsky
Practice Leader
Consumer Financial Services

Speaker(s)

Jeremy T. Rosenblum
Practice Leader
Consumer Financial Services

Scott M. Pearson
Consumer Financial Services Litigation

Taylor Steinbacher
Consumer Financial Services

This program is open to Ballard Spahr clients and prospective clients. There is no cost to attend. This program is not eligible for CLE credits.

Please register at least two days before the webinar. Login details will be sent to all approved registrants. For more information, contact Daniel Martin at martind@ballardspahr.com.

Register