Lending AgreementsвЂ™ Out-of-State Forum Selection Clauses and Class Action Waivers Violate Georgia Public Policy Blog 11thCircuitBusinessBlog
Next, the court addressed the course action waiver
Loan providers had been banned from enforcing out-of-state forum selection clauses and class action waivers in loan agreements because such conditions violate GeorgiaвЂ™s general general public policy, the Eleventh Circuit held in Davis v. Oasis Legal Finance working Co., 2019 WL 4051592 (11th Cir. Aug. 28, 2019). A course of borrowers whom joined into identical loan agreements sued their loan providers, alleging that the agreements violated GeorgiaвЂ™s Payday Lending Act, O.C.G.A. В§ 16-17-1 et seq., Industrial Loan Act, O.C.G.A. В§ 7-3-1 et seq., and laws that are usury O.C.G.A. В§ 7-4-18. Lenders relocated to dismiss the problem and hit the borrowers allegations that areвЂ™ class arguing that the mortgage agreementsвЂ™ forum selection clauses needed the borrowers to sue them in Illinois and therefore the course action waivers banned a course action. Siding with all the borrowers, the region court denied the lendersвЂ™ motions, keeping that both clauses violated GeorgiaвЂ™s policy that is public had been unenforceable.
On interlocutory appeal as well as in a viewpoint by Judge Adalberto Jordan, the Eleventh Circuit affirmed. The court reasoned that based on Georgia Supreme Court precedent, the Payday Lending Act establishes a clear public policy that prohibits lenders from making use of out-of-state forum selection clauses: the Act expressly bars lenders from designating a court for the quality of disputes вЂњother when compared to a court of competent jurisdiction in and also for the county when the debtor resides or even the loan office is situated. as for the forum selection clauseвЂќ Further, the statute describes that loan providers had utilized forum selection clauses to prevent Georgia courts and that вЂњthe General Assembly has determined that such techniques are unconscionable and may be forbidden.вЂќ