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KELKER v. GENEVA-ROTH VENTURES, INC.

No. DA 12-0313.

303 P.3d 777 (2013)

2013 MT 62

369 Mont. 254

Tiffany KELKER, Plaintiff and Appellee, v. GENEVA-ROTH VENTURES, INC., d/b/a Loan Point USA, and Mark Curry, Defendants and Appellants.

Supreme Court of Montana.

Decided March 12, 2013.

Attorney(s) appearing for the Case

Peter F. Habein , Monique P. Stafford , Crowley Fleck PLLP, Billings, Montana, for Appellants.

John Heenan , Bishop & Heenan, Billings, Montana, for Appellee.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Tiffany Kelker (Kelker) submitted an online application for a payday loan with Geneva-Roth Ventures, Inc. (Geneva-Roth). Geneva-Roth charged Kelker an interest rate of 780% APR. The Loan Agreement, which Kelker signed electronically, contained an arbitration clause. Kelker brought a putative class action against Geneva-Roth for charging an interest rate higher...

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