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Supreme Court of Florida


McKenzie Check Advance of Florida, LLC. v. Betts, SC04-1825

The 1994 enactment of Florida Statutes chapter 560, titled the "Money Transmitters' Code," did not approve or authorize transactions referred to as deferred presentment transactions, and such transactions were, in effect, loans subject to Florida's usury laws until the passage of the Deferred Presentment Act in 2001.

Appellate Information

  • Decided 04/27/2006
  • Published 04/27/2006

Judges

  • ANSTEAD, J.

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • Virginia B. Townes of Akerman, Senterfitt, Orlando, FL, and Mitchell Berger of Berger Singerman, Fort Lauderdale, FL, for Petitioner., Warren H. Husband and James R. Daughton, Jr. of Meetz, Hauser, Husband and Daughton, P.A., on behalf of the Community Financial Services Association of America and the Financial Service Centers of Florida, Inc.;   and Lynn Drysdale of Jacksonville Area Legal Aid, Inc., Jacksonville, FL, and Deborah Zuckerman of AARP Foundation, Washington, D.C., on behalf of AARP, National Association of Consumer Advocates and National Consumer Law Center, for Amici Curiae.

  • For Appellees:
  • Christopher C. Casper of James Hoyer, Newcomer and Smiljanich, P.A., Tampa, FL, E. Clayton Yates of Yates and Mancini, LLC, Fort Pierce, FL, and Richard A. Fisher, Cleveland, TN, for Respondent.
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