DE LA TORRE v. CASHCALL, INC.

Nos. 14-17571. 15-15042.

854 F.3d 1082 (2017)

Eduardo DE LA TORRE; Lori Saysourivong, Plaintiffs-Appellants/Cross-Appellees, v. CASHCALL, INC., Defendant-Appellee/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2017.


Attorney(s) appearing for the Case

James C. Sturdevant (argued), The Sturdevant Law Firm, San Francisco, California; Jessica Riggin and Steven M. Tindall , Rukin Hyland Doria & Tindall LLP, San Francisco, California; Arthur D. Levy , Law Office of Arthur D. Levy, San Francisco, California; for Plaintiffs-Appellants/Cross-Appellees.

Brad W. Seiling (argued), Donald R. Brown , and Joanna S. McCallum , Manatt Phelps & Phillips LLP, Los Angeles, California, for Defendant-Appellee/Cross-Appellant.

Caryn Becker , Oakland, California, as and for Amicus Curiae Center for Responsible Lending.

Ted Mermin , Berkeley, California, as and for Amicus Curiae Public Good Law Center.

Michael J. Quirk , Williams Cuker Berezofsky LLC, Philadelphia, Pennsylvania, for Amicus Curiae National Association of Consumer Advocates.

Before: A. Wallace Tashima and Andrew D. Hurwitz, Circuit Judges, and Lynn S. Adelman, District Judge.


ORDER

The central issue in this case is whether the interest rates on consumer loans of $2500 or more that are governed by California Finance Code § 22303, which provides no interest rate limitations on such loans, can be deemed unconscionable under California Finance Code § 22302 and thus be the predicate for a private cause of action under the California Unfair Competition Law ("UCL"). The answer to this question could determine the outcome of this matter...

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