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DENNISON v. CAROLINA PAYDAY LOANS, INC.

No. 08-2187.

549 F.3d 941 (2008)

Carrie DENNISON, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. CAROLINA PAYDAY LOANS, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 12, 2008.

Attorney(s) appearing for the Case

ARGUED: Henrietta U. Golding, McNair Law Firm, P.A., Myrtle Beach, South Carolina, for Appellant. Joe R. Whatley, Jr., Whatley, Drake & Kallas, LLC, New York, New York, for Appellee. ON BRIEF: Alan S. Kaplinsky, Mark J. Levin, Ballard Spahr Andrews & Ingersoll, L.L.P., Philadelphia, Pennsylvania; Rita M. McKinney, McNair Law Firm, P.A., Greenville, South Carolina, for Appellant. J. Preston Strom, Jr., Mario A. Pacella, Strom Law Firm, Columbia, South Carolina, for Appellee.

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.

NIEMEYER, Circuit Judge:

Carrie Dennison, a citizen of South Carolina, filed an action on behalf of herself and all other "citizens of South Carolina," who were similarly situated, against Carolina Payday Loans, Inc., alleging that Carolina Payday, in making "payday loans" to Dennison, violated South Carolina Code § 37-5-108 (prohibiting unconscionable loans) and South Carolina common law duties of good faith and fair...

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