Payday lenders cannot avoid state laws by partnering with banks

Published: April 23, 2004

United States District Court for the Northern District of Georgia , No. 1:04CV0988-MHS
Issue: Payday Loans
Amicus Brief, filed 23 Apr 2004

Download the full brief (PDF)

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.