How have courts interpreted section 1717.5 of the California Consumer Protection Act, allowing a plaintiff to sue a bank for attorney fees?

California, United States of America


The following excerpt is from Prof'l Collection Consultants v. Brown, 2d Civil No. B270128 (Cal. App. 2017):

We look first at the statutory language, giving effect to its plain meaning. If the words are clear, "we may not add to or alter them to accomplish a purpose that does not appear on the face of the statute or from its legislative history." (Burden v. Snowden (1992) 2 Cal.4th 556, 562.) The language of section 1717.5 is clear: banks are not entitled to attorney fees. The statute does not say whether bank assignees are entitled to attorney fees when they sue to collect a credit card debt owed to a bank.

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