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Tax Lenders Class Action May Proceed, 4th Circ. Says

Law360 (February 6, 2019, 9:15 PM EST) -- The Fourth Circuit on Wednesday affirmed a lower court's choice not to dismiss a proposed class action against tax-lending companies, finding allegations that the businesses violated the Truth in Lending Act and Electronic Funds Transfer Act could proceed.

In a three-judge panel decision, Circuit Judge Allyson Kay Duncan wrote that a taxpayer payment agreement, or TPA, entered into under Virginia Code Section 58.1-3018 between taxpayer Garry Curtis and tax-lending companies Propel Property Tax Funding LLC and Propel Financial Services LLC is a consumer credit transaction subject to EFTA and TILA.

“We affirm the district court’s decision that Curtis has standing under EFTA because...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - 4th Circuit

Nature of Suit

3371 Truth in Lending

Date Filed

September 25, 2017

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