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JOHNSON v. ADVANCE AMERICA

No. 08-2186.

549 F.3d 932 (2008)

Lisa A. JOHNSON; Gilbert A. Herbert, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. ADVANCE AMERICA, Cash Advance Centers of South Carolina, Incorporated, d/b/a Advance America Cash Advance Centers, d/b/a Advance America, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 12, 2008.

Attorney(s) appearing for the Case

ARGUED: Barry Goheen, Michael C. Russ, King & Spalding, L.L.P., Atlanta, Georgia, for Appellant. Joe R. Whatley, Jr., Whatley Drake & Kallas, LLC, New York, New York, for Appellees. ON BRIEF: Jonathan R. Chally, King & Spalding, L.L.P., Atlanta, Georgia; William Douglas Smith, Johnson Smith Hibbard & Wildman Law Firm, L.L.P., Spartanburg, South Carolina; Thomas C. Brittain, Hearn, Brittain & Martin, P.A., Myrtle Beach, South Carolina, for Appellant. J. Preston Strom, Jr., Mario A. Pacella, Strom Law Firm, L.L.C., Columbia, South Carolina, for Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER joined. Judge AGEE wrote a separate opinion concurring in part, dissenting in part, and concurring in the judgment.

OPINION

NIEMEYER, Circuit Judge:

Lisa Johnson and Gilbert Herbert, citizens of South Carolina, filed an action on behalf of themselves and all other "citizens of South Carolina," who were similarly situated, against Advance America, Cash Advance Centers of South Carolina, Inc., alleging that Advance America, in making "payday loans" to the plaintiffs, violated South Carolina law, which prohibits unconscionable loans and requires good faith and fair dealing...

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