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CASH AMERICA NET OF NEVADA, LLC v. COM.

No. 8 M.D. 2009

978 A.2d 1028 (2009)

CASH AMERICA NET OF NEVADA, LLC, Petitioner v. COMMONWEALTH of Pennsylvania, Department of Banking, and the Honorable Steven Kaplan, in his official capacity as Secretary of Banking of the Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 10, 2009.

Attorney(s) appearing for the Case

David H. Pittinsky, Alan S. Kaplinsky, and Raymond A. Quaglia, PA, for petitioner.

Carter D. Frantz, Harrisburg and Robert L. Byer, Pittsburgh, for respondents.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, LEAVITT, Judge, and BUTLER, Judge.

OPINION BY Judge SMITH-RIBNER.

This case filed in the Court's original jurisdiction concerns the reach of Pennsylvania's usury laws in regard to "payday" loans that are made solely by means of the Internet. The Supreme Court has explained: "Payday loans are short-term, high-interest-or-fee loans that are generally secured by a post-dated check or a debit authorization executed by the borrower and, subsequently, presented by the lender after a predetermined period...

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