Category Archives: Pennsylvania

US District Court Decision Casts Doubt on Applicability of NBA Preemption to Bank Partners

The recent decision in Edwards v. Macy’s Inc. from a US District Court in New York seemed to provide reassurance that NBA preemption extends to non-bank agents acting on behalf of a national bank. In the Edwards decision, the court relied on Madden v. Midland Funding for … Continue reading

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Court Refuses to Apply Federal Preemption to Loan Servicer Despite Bank’s Continued Interest in Loan

In November 2014, the Pennsylvania Office of Attorney General (“OAG”) filed a complaint against a number of companies that did business with a group of payday lenders. The payday lenders were a Delaware bank and three tribal entities. The defendants provided marketing services … Continue reading

Posted in Attorney General, Civil Usury, Depository Institution Deregulation and Monetary Control Act, Federal Court, Pennsylvania | Comments Off on Court Refuses to Apply Federal Preemption to Loan Servicer Despite Bank’s Continued Interest in Loan

Business Loan Enforceable Even Though Rate Exceeds Criminal Usury Cap

Last October, a Pennsylvania trial court found a business loan contract to be enforceable even though the interest rate charged on the loan exceeded Pennsylvania’s criminal usury statute. The court found that because the civil usury cap provided an exception … Continue reading

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Payday Lender Pleads Guilty to RICO Charges

Adrian Rubin has pled guilty to the charges recently brought against him by the Department of Justice. The DOJ had alleged that Rubin violated the RICO Act and committed multiple acts of mail fraud while engaged in an illegal payday lending scheme. … Continue reading

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Court Makes Short Shrift of Plaintiff’s Attempt to Circumvent Tribal Immunity; Decision at Odds with Criminal Charges recently Brought Against Payday Lender

Bynon v. Mansfield, 2015 U.S. Dist. LEXIS 66684 (E.D. Pa. May 21, 2015) A disgruntled title loan customer filed a usury action against the manager of a title loan company that was organized under tribal law. Plaintiff acknowledged that she could not … Continue reading

Posted in Civil Usury, Pennsylvania, Tribal Immunity, Usury Cap | Comments Off on Court Makes Short Shrift of Plaintiff’s Attempt to Circumvent Tribal Immunity; Decision at Odds with Criminal Charges recently Brought Against Payday Lender

Allegedly Usurious Pay Advance Gives Rise to RICO Claim Against Employer

DiBello v. Alpha Centurion Sec., Inc., 2015 U.S. Dist. LEXIS 36497 (E.D. Pa. Mar. 23, 2015) The defendant, a security guard company, offered pay advances to its employees which were automatically collected from the employee’s next paycheck.  In addition to repaying … Continue reading

Posted in Assignor-Assignee, Federal Court, Pennsylvania, RICO | Comments Off on Allegedly Usurious Pay Advance Gives Rise to RICO Claim Against Employer

Choice of Law Rules Impact Usury Claim

Gregoria v. Total Asset Recovery, Inc., 2015 U.S. Dist. LEXIS 1818 (E.D. Pa. Jan. 7, 2015) This case involved FDCPA and RICO act claims against a repossession company that repossessed the plaintiffs’ car in Pennsylvania after the plaintiffs failed to … Continue reading

Posted in Delaware, FDCPA, Federal Court, Pennsylvania, RICO | Comments Off on Choice of Law Rules Impact Usury Claim