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Consumer Law Keyed to Pridgen, 5th Ed.
Hamilton v. York
Citation:
987 F. Supp. 953 (1997)Facts
On August 22, 1996, Gregory and Dana Hamilton began doing business with HLT Check Exchange, a licensed check cashing company operated by Larry York in Pikeville, Kentucky. The Hamiltons engaged in two types of transactions with HLT. First, in “check cashing” transactions, the Hamiltons would give HLT a document in the form of a check in exchange for cash, with HLT agreeing to hold the check for two weeks before presenting it for payment or requiring the Hamiltons to pay the face amount. HLT charged 20% of the sum advanced for cashing and holding the check for two weeks. Second, in “deferral” transactions, upon expiration of the two-week period, HLT would allow the Hamiltons to defer presentment of their check in exchange for an additional 10% of the sum originally advanced for each week of deferral. The Hamiltons alleged that HLT knew or reasonably should have known that at the time of these transactions, they did not have sufficient funds in the bank to cover the checks given to HLT. The Hamiltons calculated that these charges amounted to a 520% annual interest rate and brought claims under Kentucky usury statutes, the Kentucky Consumer Loan Act, the Kentucky Consumer Protection Act, federal Truth in Lending Act, and civil RICO statutes.
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