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HOOPER v. ADVANCE AMERICA, CASH ADVANCE CENTERS, MO

No. 08-3252.

589 F.3d 917 (2009)

Trishia HOOPER; Josephine Vaughan, Appellees, v. ADVANCE AMERICA, CASH ADVANCE CENTERS OF MISSOURI, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 16, 2009.

Attorney(s) appearing for the Case

Lewis S. Wiener, argued, Washington, DC, G. Brendan Ballard, Washington, D.C., Kurt D. Williams, Timothy R. West, on the brief, Kansas City, MO, for appellant.

John E. Campbell, argued, Erich Vieth, on the brief, St. Louis, MO, for appellee.

Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

RILEY, Circuit Judge.

Litigation or arbitration? Patricia Hooper (Hooper)1 and Josephine Vaughan (collectively, Plaintiffs) want to litigate a class action against their payday lender, Advance America, Cash Advance Centers of Missouri, Inc. (Advance America), in federal court. Advance America, invoking a clause in Plaintiffs' loans, wants to stay all litigation and compel Plaintiffs to binding arbitration. The district court

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