CopyCited 17 times | Published | Supreme Court of Georgia | Oct 31, 2016 | 793 S.E.2d 357
...reated right, and not one that exists at common law. See Lanier v. Consolidated Loan and Finance Co.,
47 Ga. App. 148 (170 SE 99) (1933) (construing the Small Loan Act of 1920 (Ga. L. 1920, p. 219, § 13), a precursor of the Industrial Loan Act, OCGA§
7-3-1 et seq., which like the Payday Lending Act provides an enforcement regime for loans of $3,000 or less, and finding that act to be in derogation of common law)....
...ecord reflects they made loans to Georgia borrowers by use of the telephone, over the Internet, and by other electronic means across state lines. The State does not contest that these activities involved interstate commerce.
See, for example, OCGA §
7-3-1 et seq., to which the General Assembly gave the title “Georgia Industrial Loan Act.”
“ ‘A payday loan is a loan of short duration, typically two weeks [coinciding with the borrower’s next payday], at an astronomical interest rate....
CopyCited 16 times | Published | Supreme Court of Georgia | Jun 6, 2005 | 279 Ga. 476, 2005 Fulton County D. Rep. 1756
...[15] For the foregoing reasons, we conclude that the MFA precludes the FAA from requiring the arbitration of disputes involving insurance. Judgment reversed. All the Justices concur. NOTES [1] Love v. Money Tree,
267 Ga.App. 96,
598 S.E.2d 846 (2004). [2] See 15 USC §§ 1011-1015. [3] 9 USC §§ 1-16. [4] OCGA §§
7-3-1 to
7-3-29....
CopyCited 14 times | Published | Supreme Court of Georgia | Apr 19, 2022
CopyCited 10 times | Published | Supreme Court of Georgia | Nov 3, 2014 | 765 S.E.2d 361
CopyCited 8 times | Published | Supreme Court of Georgia | Feb 18, 2025 | 320 Ga. 785
CopyCited 8 times | Published | Supreme Court of Georgia | Mar 5, 2018
CopyCited 7 times | Published | Supreme Court of Georgia | Oct 22, 2018 | 304 Ga. 574
Blackwell, Justice.
**574In Cherokee Funding v. Ruth,
342 Ga. App. 404,
802 S.E.2d 865 (2017), our Court of Appeals decided that neither the Industrial Loan Act, OCGA §
7-3-1 et seq., nor the *707Payday Lending Act, OCGA §
16-17-1 et seq.,1 applies to certain transactions in which a financing company provides funds to a plaintiff in a pending personal-injury lawsuit, the plaintiff is obligated to repay the funds...
...rsons to obtain a license from the state Industrial Loan Commissioner, see OCGA §
7-3-8, it limits the interest that can be charged upon loans of $3,000 or less to "a rate not to exceed 10 percent per annum of the face amount of the contract," OCGA §
7-3-14 (1), **578and it specifies the other fees that permissibly may be charged to a borrower in connection with a loan of $3,000 or less. See OCGA §
7-3-14 (2) - (5). See also OCGA §
7-3-15....
CopyCited 7 times | Published | Supreme Court of Georgia | Mar 5, 2018
CopyCited 3 times | Published | Supreme Court of Georgia | Apr 4, 1984 | 315 S.E.2d 178
...cing of a loan before maturity? Does the Act instead require lenders to compute such rebates on a pro rata basis?” Varner v. Century Finance Co., 720 F2d 1228 (11th Cir. 1983).
We are called upon by the federal court in this case to construe OCGA §
7-3-1 et seq., the Georgia Industrial Loan Act (the Act)....
...1016 (N.D.Ga. 1981), and ordered a rebate to Varner using the pro rata method. Varner v. Century Finance, No. 80-494 A (N.D.Ga., filed Sept. 22, 1981). Century appealed, Varner cross-appealed, and this *28certified question followed thereafter.
OCGA §
7-3-17 provides that when the borrower prepays all or any part of his unpaid balance, a refund of unearned interest shall be made according to the Rule of 78’s.1 Pollard v....
Published | Supreme Court of Georgia | Dec 9, 2025 | 315 S.E.2d 178
Published | Supreme Court of Georgia | Apr 19, 2022 | 315 S.E.2d 178
Published | Supreme Court of Georgia | Dec 14, 2021 | 315 S.E.2d 178
CopyPublished | Supreme Court of Georgia | Oct 22, 2018
...o obtain a license
from the state Industrial Loan Commissioner, see OCGA §
7-3-8, it limits the
interest that can be charged upon loans of $3,000 or less to “a rate not to exceed
10 percent per annum of the face amount of the contract,” OCGA §
7-3-14 (1),
and it specifies the other fees that permissibly may be charged to a borrower in
connection with a loan of $3,000 or less. See OCGA §
7-3-14 (2)-(5). See also
OCGA §
7-3-15....
Published | Supreme Court of Georgia | Nov 3, 2014
