7 June 2022. The United States Court of Appeals for the Ninth Circuit will rehear the payday lending case against online lenders Think Finance, Plain Green, and Great Plains Lending en banc or as a complete panel of all the judges in the court. These lenders attempted to hide behind Native American tribes in order to bypass federal lending and interest rules. This order vacates a three-judge panel opinion which ruled that borrowers must arbitrate with the online lenders.
“We are encouraged that the Ninth Circuit has vacated this outlier split-panel decision,” said Partner Anna Haac. “As evidenced by the amicus support from a range of public interest and legal services organizations, if this decision were left to stand, it could have had disastrous effects on consumers who are preyed upon by lenders operating outside of the law.”
The case is Brice et al. v. Stinson et al., case number 19-15707, in the U.S. Court of Appeals for the Ninth Circuit.