May 9, 2012
McKenzie Check Advance v. Wendy Betts
Case Number(s):
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Ms. Betts and others who got payday loans from McKenzie Check Advance filed a class-action lawsuit against MCA alleging violations of Florida's consumer protection laws. MCA argued that some of its clients had signed arbitration contracts waiving the right to file class-actions. A trial judge ruled that the waivers could not be enforced because the customers would not be able to afford lawyers on an individual basis. The Fourth District Court of Appeal agreed. MCA argues in this appeal that the U.S. Supreme Court has recently ruled that federal arbitration law preempts state law.