Lending Agreements’ 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 Georgia’s general 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 entered into identical loan agreements sued their loan providers, alleging that the agreements violated Georgia’s Payday Lending Act, O.C.G.A. § 16-17-1 et seq., Industrial Loan Act, O.C.G.A. § 7-3-1 et seq., and laws that are usury O.C.G.A. § 7-4-18. Lenders relocated to dismiss the problem and hit the borrowers’ class allegations, arguing that the mortgage agreements’ forum selection clauses needed the borrowers to sue them in Illinois and therefore the class action waivers banned a class action. Siding with all the borrowers, the region court denied the lenders’ motions, holding that both clauses violated Georgia’s policy that is public had been unenforceable.

On interlocutory appeal plus 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 loan providers from utilizing out-of-state forum selection clauses: the Act expressly bars loan providers from designating a court when it comes to resolution of disputes “other than the usual court of competent jurisdiction in and also for the county when the debtor resides or the loan workplace is found. are you aware that forum selection clause” Further, the statute describes that loan providers had utilized forum selection clauses to prevent Georgia courts and that “the General Assembly has determined that such techniques are unconscionable and may be forbidden.”

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