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The FTC Holder Rule: Why the Installer's Conduct Follows Your Solar Loan

· 5 min read

Part of the complete guide: Failed Solar in Florida: The Complete Homeowner's Guide →

“The lender already paid the contractor — aren't I stuck?” That is a question for a Florida attorney. Here is what the federal Holder Rule notice says.

Here's the question we hear most from Florida homeowners: “The lender already paid the contractor for a system that never worked — so I'm stuck, right?” That is a question only a Florida attorney can answer for a particular loan. A paper trail showing a lender funded an installer for a system that never delivered is one of the most important records a homeowner can have. The reason is a federal rule called the FTC Holder Rule.

Many consumer credit contracts that finance a sale, including solar loans, carry the FTC's “Holder Rule” notice.

What's on this page

Every section in this article, and what each one covers

  1. 1.What the Holder Rule actually saysOne paragraph and a callout, naming the Holder Rule, FTC and PACE.
  2. 2.Why “they already paid the installer” is in the recordsOne paragraph, naming FTC.
  3. 3.The limits to knowA three-item list (Your affirmative recovery under; ...), naming the Holder Rule, the Truth in Lending Act and FDUTPA.
  4. 4.How to use itOne paragraph, a three-item list (Document the gap; ...) and one link to other guides, naming the Holder Rule and CFPB.

Also on this page

  • an opening passage above the first heading (1 paragraph)
  • two checklists (6 items in all)
  • 1 link to other guides
  • one callout
  • an FAQ (2 questions)

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Frequently asked questions

What is the FTC Holder Rule?

It's a federal rule requiring consumer credit contracts to include a notice making the lender (the holder of the loan) subject to the same claims and defenses the buyer could assert against the seller. Whether it reaches a particular solar loan is a question for a Florida attorney.

Can I use the Holder Rule if my solar lender already paid the installer?

A lender funding the installer is exactly the situation the Holder Rule was written for. As a general matter, recovery under the rule is capped at what a consumer has paid, and it can also operate as a defense to a remaining balance. An attorney can tell you whether it applies to your loan — and assert it for you.

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