Voyager Life Ins. Co., Inc. v. Whitson

On Application for Rehearing

The opinion of May 30, 1997, is withdrawn and the following is substituted therefor.

Jackie E. Whitson, as a class-representative plaintiff ("plaintiffs"), filed this class action against Central Finance, Inc., and Royal Finance, Inc. ("defendants"), claiming that the defendants' loans to the plaintiff class were void because the forms used to document the loans included a provision requiring payment in excess of that authorized by Ala. Code 1975, § 5-18-15(j).1 The note and security agreement in question were attached to the complaint as exhibits. The defendants…