Another setback for predatory “payday” lenders
For those of you looking to think about something other than the election, there's good news from the state Court of Appeals. This morning, a unanimous three judge panel ruled for consumers and against the payday lending industry in a long running case that seeks the return of the usurious fees collected by five major payday firms in North Carolina during the early part of this decade.
As is so often the case with these types of consumer rights cases, the lenders are attempting to evade responsibility by claiming that so-called "mandatory arbitration" clauses in the fine print of the loan contracts bar consumers from bringing class actions to vindicate their rights.
Happily, a recent state Supreme Court ruling determined that such clauses are unconscionable under certain circumstances. In light of that decision, the Court of Appeals sent the payday case back down to the trial judge to revisit the matter (he had previously denied letting class actions proceed). This is a big win for consumer rights in North Carolina.
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