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BETTS v. McKENZIE CHECK ADVANCE OF FLORIDA, LLC

No. 4D03-3268.

879 So.2d 667 (2004)

Wendy BETTS, on behalf of herself and all others similarly situated, Appellant, v. McKENZIE CHECK ADVANCE OF FLORIDA, LLC, d/b/a National Cash Advance, Steve A. McKenzie, and Brenda G. McKenzie, and unknown entities and individuals, Appellees.

District Court of Appeal of Florida, Fourth District.

August 11, 2004.

Attorney(s) appearing for the Case

Christopher C. Casper of James, Hoyer, Newcomer & Smiljanich, P.A., Tampa, E. Clayton Yates of Law Office of E. Clayton Yates, P.A., Fort Pierce, and Richard A. Fisher of Richard Fisher Law Office, Cleveland, TN, for appellant.

Virginia B. Townes of Akerman Senterfitt, Orlando, for appellee McKenzie Check Advance of Florida, LLC, d/b/a National Cash Advance.

Claudia Callaway of Paul, Hastings, Janofsky & Walker, LLC, Washington, D.C., for appellees Steve A. McKenzie and Brenda G. McKenzie.

HAZOURI, J.

This case is one in a growing number of cases addressing the "Money Transmitters' Code" (the Code), Chapter 560, Florida Statutes, and its effect on the check cashing industry. The primary issue presented is whether the Code, as it existed in 1997, either authorized or prohibited the transactions which occurred between appellant, Wendy Betts (Betts), and appellee, National Cash Advance (NCA). A secondary issue is the interplay between Florida's usury laws...

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