Courts

In the fight against predatory lending, the courts are a key battleground. CRL monitors cases that could set precedent; submits legal briefs on key legal issues; and works with partners on litigation aimed at strengthening protections against abusive lending.

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  • North Carolinians can sue abusive payday lenders without going to arbitration
    June 19, 2006

    CRL's amicus brief in support of the plaintiffs in Kucan v. Advance America. CRL argues that consumers who received payday loans, which have been declared illegal by North Carolina regulators, should not be required to arbitrate their claims against the lenders before the North Carolina Court of Appeals.

  • Payday lenders cannot avoid state laws by partnering with banks
    April 19, 2006

    CRL's amicus brief in support of Georgia Attorney General Baker in Bankwest v. Baker. CRL argues that the Federal Deposit Insurance Act does not provide payday lenders with the benefit of preemption when they partner with state chartered banks in making payday loans. CRL participated in the case before the U.S. District Court and the U.S. Court of Appeals for the 11th Circuit; the 11th Circuit determined the issue was moot, in an April 2006 opinion published at 446 F.3d 1358, when the Federal Deposit Insurance Corporation changed its regulations to prohibit state banks from partnering with payday lenders.

  • Payday lenders cannot avoid state laws by partnering with banks
    April 19, 2006

    CRL's amicus brief in support of Georgia Attorney General Baker in Bankwest v. Baker. CRL argues that the Federal Deposit Insurance Act does not provide payday lenders with the benefit of preemption when they partner with state chartered banks in making payday loans. CRL participated in the case before the U.S. District Court and the U.S. Court of Appeals for the 11th Circuit; the 11th Circuit determined the issue was moot, in an April 2006 opinion published at 446 F.3d 1358, when the Federal Deposit Insurance Corporation changed its regulations to prohibit state banks from partnering with payday lenders.

  • Consumers can sue abusive payday lenders without going to arbitration
    September 23, 2005

    CRL's amicus brief in support of the respondent in Buckeye Check Cashing v. Cardegna. CRL argues that consumers who received payday loans should not be required to arbitrate their claims against the lenders before the U.S. Supreme Court. The Florida Supreme Court ruled in favor of the consumers.

  • Payday lenders cannot avoid state laws by partnering with banks
    April 23, 2004

    CRL's amicus brief in support of Georgia Attorney General Baker in Bankwest v. Baker. CRL argues that the Federal Deposit Insurance Act does not provide payday lenders with the benefit of preemption when they partner with state chartered banks in making payday loans. CRL participated in the case before the U.S. District Court and the U.S. Court of Appeals for the 11th Circuit; the 11th Circuit determined the issue was moot, in an April 2006 opinion published at 446 F.3d 1358, when the Federal Deposit Insurance Corporation changed its regulations to prohibit state banks from partnering with payday lenders.