Kentucky borrower files putative class action alleging usury through ‘rent-a-tribe’ scheme

Orrick, Herrington & Sutcliffe LLP
Contact

Orrick, Herrington & Sutcliffe LLP

Recently, a Kentucky resident filed a class action complaint in the U.S. District Court for the Western District of Kentucky, alleging that a group of lenders issued illegal high-interest loans to Kentucky residents in violation of state usury and consumer protection laws. The complaint alleged that the lenders charged annual interest rates exceeding 500 percent, far above Kentucky’s 8 percent cap, and used a “rent-a-tribe” scheme to disguise the loans as protected by tribal sovereign immunity while nontribal entities purportedly controlled the operation and received the profits.

The plaintiff, representing a proposed class of Kentucky borrowers, alleged the loans were made for personal and household use, with funds deposited and payments collected electronically in the state. The suit seeks to void the loans, recover damages, and secure an injunction to stop the lending practices, citing violations of the Kentucky Consumer Protection Act and state usury statutes.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Orrick, Herrington & Sutcliffe LLP

Written by:

Orrick, Herrington & Sutcliffe LLP
Contact
more
less

What do you want from legal thought leadership?

Please take our short survey – your perspective helps to shape how firms create relevant, useful content that addresses your needs:

Orrick, Herrington & Sutcliffe LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide