Legal Opinion
Bankwest, Inc. v. Thurbert E. Baker
Court of Appeals for the Eleventh Circuit
Decided June 10, 2005No. 04-12420PublishedCited by 5 opinions
1Opinion of the Court
HULL, Circuit Judge:
This case concerns payday loans, which are small loans with interest rates averaging 400-500% APR due on the next payday. This appeal presents the question of whether the State of Georgia may regulate a narrow segment of agency agreements between in-state payday stores and out-of-state banks or whether the Georgia Act in issue is preempted by § 27(a) of the Federal Deposit Insurance Act (“FDIA”), 12 U.S.C. § 1831d(a).
The Georgia Act in issue, Ga.Code Ann. §§ 16-17-1 to 16-17-10 (2004), targets Georgia businesses and precludes in-state payday stores from directly making…
2Cases cited32 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Koon v. United StatesSupreme Court of the United States · 1996
- Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
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3Cited by5 opinions
- Banks v. HornDistrict Court, M.D. Pennsylvania · 1999
- Citibank (South Dakota), N.A. v. MartinCivil Court of the City of New York · 2005
- Bankwest, Inc. v. BakerCourt of Appeals for the First Circuit · 2005
- Community State Bank v. James StrongCourt of Appeals for the Eleventh Circuit · 2011
- National Association of Industrial Bankers v. WeiserCourt of Appeals for the Tenth Circuit · 2025