Karen AUSTIN et al.
v.
ALABAMA CHECK CASHERS ASSOCIATION et al.
State Banking Department
v.
Alabama Check Cashers Association et al.
Supreme Court of Alabama.https://leagle.com/images/logo.png
November 18, 2005.
Rehearing Applications Denied February 24, 2006.
Attorney(s) appearing for the Case
J. Michael Rediker and Michael C. Skotnicki of Haskell Slaughter Young & Rediker, LLC, Birmingham; Lange Clark, Birmingham; Joseph Espy III of Melton Espy Williams & Hayes, Montgomery; Daniel B. Banks, Jr., of Morris, Conchin, Banks & Cooper, Huntsville; Richard Fisher, Cleveland, Tennessee; and Jack L. Block of Sachnoff & Weaver, Ltd., Chicago, Illinois, for appellants Karen Austin et al.
William H. Pryor, Jr., and Troy King, attys. gen., and V. Lynne Windham, asst. atty. gen., and assoc. counsel, Alabama State Banking Department, for appellant State Banking Department.
Louis E. Braswell of Hand Arendall, L.L.C., Mobile, for appellee Speedee Cash of Alabama, Inc.
Paul A. Clark of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for appellee Sprague Enterprises, Inc.
Walter R. Byars and B. Saxon Main of Steiner, Crum & Baker, Montgomery, for appellees Alternative Financial Solutions, LLC, and Money Service Centers, LLC.
George W. Walker III and Shannon L. Holliday of Copeland, Franco, Screws & Gill, P.A., Montgomery, for appellee Express Check Services, Inc.
Steven P. Gregory of Dice & Gregory, L.L.C., Tuscaloosa, for amicus curiae Alabama Arise, in support of the appellants.
Russell Jackson Drake of Whatley Drake, L.L.C., Birmingham; and Deborah M. Zuckerman and Stacy J. Canan of AARP Foundation, Washington, D.C., for amici curiae AARP, National Consumer Law Center, and Consumer Federation of America in support of the appellant, State Banking Department.
Paul Chessin, asst. atty. gen., Colorado Attorney General's Office, Denver, Colorado, for amici curiae Attorneys General and National Association of Consumer Credit Administrators in support of the appellant State Banking Department.
A.H. Gaede, Jr., of Bradley Arant Rose & White, LLP, Birmingham, for amicus curiae Alabama Appleseed Center for Justice, Inc., in support of the appellant, State Banking Department.
J. Paul Compton, Jr., Laurence D. Vinson, Jr., Lesley Smith DeRamus, and Lisa B. Moss, of Bradley Arant Rose & White, LLP, Birmingham, for amicus curiae Alabama Consumer Finance Association, in support of the appellant, State Banking Department.
Supreme Court of Alabama.
BOLIN, Justice.1
These consolidated appeals arise out of the State Banking Department's regulation of deferred-presentment transactions, more commonly referred to as "payday loans" because the maturity date of these short-term "loans" generally coincides with the borrower's next payday. The questions presented are whether the Alabama Small Loan Act, § 5-18-1 et seq., Ala. Code 1975, applies to deferred-presentment transactions, and...
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