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ANDERSON FINANCIAL SERVICES, LLC v. MILLER

No. 07-1096.

769 N.W.2d 575 (2009)

ANDERSON FINANCIAL SERVICES, LLC d/b/a Loan Max and Loan Smart, Appellant, v. Thomas J. MILLER, Attorney General of the State of Iowa in His Official Capacity, Appellee.

Supreme Court of Iowa.

July 24, 2009.

Attorney(s) appearing for the Case

Mark McCormick, Mark E. Weinhardt, and Edward M. Mansfield of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, William L. Brauch, Special Assistant Attorney General, and Jessica J. Whitney, Assistant Attorney General, for appellee.

TERNUS, Chief Justice.

This case presents the question whether legislation that went into effect on July 1, 2007, capping finance charges on car title loans applies to post-July 1, 2007 advances made under pre-July 1, 2007 agreements that provided for higher interest rates on such advances. The district court held the new statute, Iowa Code section 537.2403(1) (Supp.2007), prohibited the appellant, Anderson Financial Services, LLC, from charging a contracted interest...

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