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Settlement reached in online payday loan class action

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More than 6,500 Hoosiers will share $1.35 million in a class-action settlement reached in long-running litigation against an online payday lender that in some cases charged finance fees that exceeded 1,000 percent annual percentage rates.

Average class members in the suit against LoanPoint USA should receive checks early next year of about $200, though payments to some class members will exceed $1,000.

The settlement approved by Marion Circuit Judge Louis Rosenberg Thursday entitles to relief anyone who received a payday loan from LoanPoint USA between March 23, 2008, and March 23, 2010. The settlement also voids more than $5 million in outstanding loans the lender made to Hoosiers during that period. Plaintiffs allege those loans violated Indiana’s payday-loan statutes, I.C. 24-4.5-7-101 through -414.

Cohen & Malad LLP if Indianapolis is class counsel and announced the settlement Thursday. LoanPoint USA sought to enforce arbitration with class members in appeals that the Indiana Supreme Court and Supreme Court of the United States declined to hear.

“We are glad that some of Indiana’s most financially distressed citizens will be getting meaningful checks to compensate them for the overcharges,” Cohen & Malad class counsel Vess Miller said in a statement.

“This case is a good example of why class actions are so important,” Miller said. “None of LoanPoint’s victims could reasonably afford to bring a lawsuit over their few hundred dollars, but because we were able to bring a class action we were able to make sure that thousands of people will get back the money they deserve and that LoanPoint is held accountable.”

The LoanPoint USA defendants, who include Mark Curry and affiliated companies Geneva-Roth Ventures Inc., and Geneva-Roth Capital Inc., also are barred from originating loans in Indiana until they register with the Department of Financial Institutions and comply with payday lending laws, according to the settlement.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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