McQuillan v. Check ‘n Go
One of a number of Public Justice’s challenges to payday lending operations under North Carolina law. Check ‘n Go removed McQuillan to federal court, but the case was remanded to state court. In December 2005, the court granted defendants’ motions to compel arbitration, rejecting plaintiffs’ arguments that the class action bans embedded in their arbitration clauses were unconscionable. But later, in 2009, the trial court struck down the defendants’ arbitration clause as unconscionable and unenforceable.
Counsel in the case are Carlene McNulty of the North Carolina Justice Center; Mal Maynard of the Financial Protection Law Center; Mona Wallace and John Hughes of Salisbury, N.C.; Jerry Hartzell of Raleigh, N.C.; Richard Fisher of Cleveland, Tenn.; and Public Justice’s Paul Bland and Leslie Bailey.
