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PA DEPT. OF BANKING v. NCAS OF DELAWARE

No. 79 MAP 2007

948 A.2d 752 (2008)

PENNSYLVANIA DEPARTMENT OF BANKING, Appellee v. NCAS OF DELAWARE, LLC, d/b/a Advance America Cash Advance Centers, Appellant.

Supreme Court of Pennsylvania.

Decided May 29, 2008.

Attorney(s) appearing for the Case

Kerry Elizabeth Smith, Community Legal Services, for Community Legal Services, amicus curiae.

Irwin William Aronson, Willig, Williams & Davidson, Philadelphia, for PA AFL-CIO, amicus curiae.

Mark Jay Levin, Arthur Makadon, Jeremy Rosenblum, Alan S. Kaplinsky, Ballard Spahr Andrews & Ingersoll, L.L.P., Philadelphia, for NCAS of Delaware, LLC, appellant.

Robert L. Byer, John Jeming Soroko, Duane Morris, L.L.P., Philadelphia, for Pennsylvania Dept. of Banking, appellee.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice SAYLOR.

This direct appeal involves primarily the question of whether, by charging certain fees and interest as a "payday lender," the appellant violated the Consumer Discount Company Act.

NCAS of Delaware, LLC ("Appellant") is a Delaware limited liability company doing business as Advance America, Cash Advance Center, a payday cash lender with approximately 100 locations in the Commonwealth. Payday loans are short-term, high...

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