Lending Agreements’ Out-of-State Forum Selection Clauses and Class Action Waivers Violate Georgia Public Policy Blog 11thCircuitBusinessBlog

Loan providers had been barred from enforcing out-of-state forum selection clauses and class action waivers in loan agreements because such conditions violate Georgia’s public policy, the Eleventh Circuit held in Davis v. Oasis Legal Finance working Co., 2019 WL 4051592 (11th Cir. Aug. 28, 2019). A course of borrowers whom joined into identical loan agreements sued their loan providers, alleging that the agreements violated Georgia’s Payday Lending Act, O.C.G.A. В§ 16-17-1 et seq., Industrial Loan Act, O.C.G.A. В§ 7-3-1 et seq., and laws that are usury O.C.G.A. В§ 7-4-18. Lenders relocated to dismiss the issue and hit the borrowers allegations that are’ class arguing that the mortgage agreements’ forum selection clauses needed the borrowers to sue them in Illinois and that the course action waivers barred a course action. Siding utilizing the borrowers, the region court denied the lenders’ motions, keeping that both clauses violated Georgia’s policy that is public had been unenforceable. (more…)