Law Firm News
Today's Date: Bookmark This Website
Court: Payday lending law violated constitution
Top stories | 2008/11/05 14:07
A 1999 state law allowing so-called payday lenders to charge high fees for short-term loans violates the state constitution, the Arkansas Supreme Court ruled Thursday.

In a 6-0 decision, the court said the fees permitted under the 1999 Check Cashers Act were really triple-digit interest rates. The state constitution limits interest rates on loans to 17 percent.

"Because that fee is in reality an amount owed to the lender in return for the use of borrowed money, we must conclude that the fees authorized clearly constitute interest," Justice Paul Danielson wrote.

Through a payday loan in Arkansas, a customer writing a check for $400, for example, typically would receive $350. The lender would keep the check for about two weeks before cashing it.

The customer could buy back the check for $350 during that two-week period, but otherwise would pay the full $400 when the company cashed his check. The $50 charge on a $350 loan for 14 days equates to 371 percent, well above Arkansas' usury limit.

Attorney Todd Turner, who represented the plaintiffs who challenged the Check Cashers Act, said the ruling means it will be impossible for payday lenders to operate in the state.

"It's great for all the Arkansas residents who have been paying 600 percent for these loans," Turner said.

Tom Hardin, attorney for the Arkansas Financial Services Association that sought to preserve the law, did not immediately return a call seeking comment.

Even before Thursday's ruling, the number of payday lenders in the state has dwindled in response to threats of lawsuits from Attorney General Dustin McDaniel. An advocacy group said in a report last month that the number of payday lenders operating in the state has dropped from 237 in March to just 33.

In its 6-0 decision, the court overturned a Pulaski County judge who last year ruled that the 1999 act was constitutional.



[PREV] [1] ..[2365][2366][2367][2368][2369][2370][2371][2372][2373].. [2647] [NEXT]
All
Legal News
Court News
Featured News
Court News Feed
Trending News
Top stories
Law Firm Press
Lawyer Opinion
Recent News
Legal Marketing
Politics
Law Firm News
TikTok content creators sue the U..
Chad holds presidential election ..
Trump faces prospect of additiona..
Retrial of Harvey Weinstein unlik..
Starbucks appears likely to win S..
Supreme Court will weigh banning ..
Supreme Court rejects appeal from..
Court makes it easier to sue for ..
Top Europe rights court condemns ..
Elon Musk will be investigated ov..
Retired Supreme Court Justice Ant..
The Man Charged in an Illinois At..



  Law Firm Web Design Information
At Law Promo we know the legal field - we've been making websites exclusively for lawyers and law firms since 2004. This makes us one of the most experienced law firm web design agencies, providing our services to a thousand attorneys worldwide. Law Promo can construct your law firm a brand new responsive website, or help you redesign your existing site to secure your place in the mobile world. Law firm website design by Law Promo
   Lawyer & Law Firm Websites
San Bernardino Drug Lawyers
www.bullardpowell.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Divorce Lawyer & Family Law Attorney
Divorce lawyer rockville
familylawyersmd.com
   Law Firm Blog Links
  Law Firm Planner
  Law Firm Directory
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Amherst, Ohio Divorce Lawyer
Sylkatis Law - Child Custody
loraindivorceattorney.com
Family Law in East Greenwich, RI
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
 
 
© www.sunlegalnews.com. All rights reserved.

The content provided on this web page has been prepared by Sun Legal News as a community service to the legal community and is in no way intended to provide professional legal advice or act as a replacement for actual consultation with an attorney in any particular cases or trying circumstances. Sun Legal News articles and comments are posted for general and legal educational purposes only and should not be used to analyze any legal matters.

Boutique Law Firm Web Design