LOVICK v. RITEMONEY LTD.

No. 03-20917.

378 F.3d 433 (2004)

Betty R. LOVICK, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. RITEMONEY LTD.; SNM Inc.; CPCWA Company Ltd., doing business as Power Financial; GE & CE LLC, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 14, 2004.


Attorney(s) appearing for the Case

Richard Tomlinson, Houston, TX, Daniel A. Edelman (argued), Edelman, Combs & Latturner, Chicago, IL, for Plaintiff-Appellant.

Joseph Alan Callier, Callier & Garza, Houston, TX, for Ritemoney Ltd. and SNM Inc.

Michael H. Rubin (argued), McGlinchey Stafford, Baton Rouge, LA, Juliann Hale Panagos, J. Scott Sheehan, McGlinchey Stafford, Houston, TX, John Steven Dwyre, John Dwyre & Associates, San Antonio, TX, for CPCWA Co. Ltd. and GE & CE LLC.

Stacy Jane Canan, American Ass'n of Retired Persons, Washington, DC, Stephen Henry Gardner, Law Office of Stephen Gardner, Dallas, TX, Robert F. Schneider, Consumers Union of U.S., Austin, TX, for American Ass'n of Retired Persons, Nat. Ass'n of Consumer Advocates, Consumer Federation of America and Consumers Union, Amici Curiae.

Before JOLLY, JONES and BARKSDALE, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Betty R. Lovick's putative class action claims a RICO violation, premised on the collection of a claimed unlawful (usurious) debt. The action was dismissed under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Lovick claims the fee charged by an automobile title loan broker amounts to disguised interest that, when attributed to the lender, causes the loan to be usurious...

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