First Premier Bank Must Face Payday Loan RICO Suit

Feb. 25, 2016, 5:00 AM UTC

A federal appeals court has given new life to a lawsuit that claimed First Premier Bank of South Dakota violated federal anti-racketeering laws by facilitating illegal online lending (Flagg v. First Premier Bank, 2016 BL 50321, 11th Cir., 15-cv-14052, unpublished 2/23/16).

Lisa Flagg sued First Premier in 2015, framing her complaint as a class action alleging violations of the Racketeer Influenced and Corrupt Organizations Act. Although Flagg agreed to arbitrate disputes under procedural codes of the National Arbitration Forum (NAF), the NAF no longer accepts consumer arbitration claims.

A district court denied First Premier’s motion to force ...

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