State, Dep’t of Bus. & Indus. v. Check City P’ship, LLC

Check City filed a complaint for declaratory relief seeking clarification of Nev. Rev. Stat. 604A.425, which limits the amount of a deferred deposit loan to twenty-five-percent of a borrower’s expected gross monthly income. At issue was whether the twenty-five-percent cap includes only the principal borrowed or the principal amount plus any interest or fees charged. The district court granted Check City’s motion for summary judgment, concluding that the cap only applied to the principal borrowed. The Supreme Court reversed, holding (1) section 604A.425’s twenty-five-percent cap on deferred deposit loans includes both the principal amount loaned and any interest or fees charged; (2) section 604A.050 defines the phrase “deferred deposit loan” to include principal, interest, and fees; and (3) neither statute is ambiguous. View "State, Dep’t of Bus. & Indus. v. Check City P’ship, LLC" on Justia Law