Legal consequences of failing to read fine print

For the past couple years, I have had the privilege of working as a consumer attorney.  I’ve occasionally written about some of the topics I’ve encountered as a consumer lawyer.  In this post, I’ll address another issue that I commonly encounter in my practice: illegible forms full of fine print that deprive consumers of fundamental rights.

What provoked this topic is a lawsuit I am currently handling.  My client sued a payday lender based on a payday loan that she alleges the defendant repeatedly processed and renewed in violation of the payday lending laws of Missouri.  This is a big deal to my client and to all of the numerous potential class members of this class action.  Why is it important?  For starters, this particular payday lender (and many others) charged 469% interest.  This is not a typo.  I have often asked friends and acquaintances whether they’ve heard of payday loans.  They usually say they have heard of those sorts of businesses.  I then ask them how much interest they think payday lenders charge.  Most people say something like this:

“Oh, I hear that it is an exorbitant rate of interest, perhaps 25%.” 

They are shocked to hear that it is legal to charge consumers 400 or 500% interest on a small consumer loans.  They are shocked to hear that some of these companies make it part of their business plan to repeatedly violate Missouri lending laws.  They are also shocked at one other thing, the topic of this post.  …

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Pro-choice, even assuming the fetus is fully human

In this 1971 article, Judith Jarvis Thomson suggests that we’ve spent way too much time and emphasis on the issue of whether a developing fetus is fully human.   She doesn’t concede this point (she argues that acorns are not oak trees).  Yet she prefers to bring the conversation to what…

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Another slap to the Bush dictatorship

A conservative federal appeals court harshly rebuked the Bush administration's anti-terrorism strategy Monday, ruling that U.S. residents cannot be locked up indefinitely as "enemy combatants" without being charged.  Perhaps not surprisingly, the lone moronic dissenting vote was cast by a Bush appointee, on the bizarre rationale that American residents should be treated as…

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