Category Archives: North Carolina

Multiple State Regulators Challenging Lender’s Use of Choice of Law Clause in Usury Enforcement Actions

A growing number of state regulators are challenging the use of choice of law provisions as a method of usury law compliance. On August 27, 2015, the Attorney General of North Carolina was granted an injunction against Western Sky Financial … Continue reading

Posted in Attorney General, Choice-of-Law, Civil Usury, Criminal Usury, D.C., Massachusetts, North Carolina, Tribal Immunity | Comments Off on Multiple State Regulators Challenging Lender’s Use of Choice of Law Clause in Usury Enforcement Actions

Regulator Disregards Choice of Law Provision in Usury Enforcement Action

Last Thursday, the Attorney General of North Carolina was granted an injunction against Western Sky Financial and CashCall prohibiting them from offering any loans to North Carolina consumers or collecting on any outstanding accounts in that state. The Attorney General argued … Continue reading

Posted in Attorney General, Choice-of-Law, North Carolina, State Court, Tribal Immunity | Comments Off on Regulator Disregards Choice of Law Provision in Usury Enforcement Action

Court Finds Usury Claim Sufficiently Pled Despite Non-Payment

Thompkins v. Key Health Med. Solutions, Inc., 2015 U.S. Dist. LEXIS 35470 (M.D.N.C. Mar. 23, 2015) The defendant, Key Health Medical Solutions, lends or advances funds to individuals that have sustained personal injuries and are awaiting a legal settlement.  Once the settlement is … Continue reading

Posted in Federal Court, North Carolina, States, Usury Cap | Comments Off on Court Finds Usury Claim Sufficiently Pled Despite Non-Payment