Cash America Net of Nevada, LLC v. Commonwealth

*1039DISSENTING OPINION BY

Judge LEAVITT.

Respectfully, I dissent. Simply, the initiative of the Department of Banking (Department) to abolish the business of payday loans in Pennsylvania has not been authorized by statute.

The Consumer Discount Company Act1 (CDCA) does not authorize the Department’s initiative. Section 3.A provides, in relevant part, as follows:

On and after the effective date of this act, no person shall engage or continue to engage in this Commonwealth, either as principal, employe, agent or broker, in the business of negotiating or making loans or advances of money or credit, in…