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Federal Trade Commission (FTC) v. Loanpointe
United States District Court for the District of Utah
2022 WL 4348304 (2011)
LoanPointe, LLC (LoanPointe) (defendant) was a business that operated a website offering payday loans. A borrower would obtain a loan by filling out an online application. In the application, LoanPointe provided that it would garnish a borrower’s paycheck if the borrower was delinquent in paying back the loan. All borrowers indicated their agreement to the terms of the loan by checking a box in the online application. To garnish wages from a delinquent borrower, LoanPointe would send a garnishment package with specific documents to the borrower’s employer. LoanPointe would also send a letter to the borrower’s employer, stating that LoanPointe was authorized by federal law to garnish the borrower’s wages and that the borrower had been given an opportunity to dispute the debt. However, both of these assertions were false. The Federal Trade Commission (FTC) (plaintiff) filed a complaint against LoanPointe, alleging that LoanPointe had committed deceptive and unfair practices in violation of the Federal Trade Commission Act (Act). The FTC moved for summary judgment.
Rule of Law
Holding and Reasoning (Kimball, J.)
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