Law360, New York (May 10, 2012, 7:48 PM ET) -- The Federal Trade Commission on Thursday boosted consumers' ability to recover funds for all fraudulent merchant credit contracts under the agency's Holder in Due Course rule, issuing a rare advisory opinion that rejected several court rulings limiting recovery to deals that had been rescinded.
In response to a request by the National Consumer Law Center and several others, the FTC released an advisory opinion affirming that the rule places no limits on a consumer's right to an affirmative recovery of payments already made, despite at least...