Texas Panel Relaunches TitleMax Payday Loan Rules Challenge

By Michelle Casady (May 12, 2021, 6:53 p.m. EDT) – A Texas appellate court has revived TitleMax of Texas Inc.’s lawsuit against the city of Austin challenging ordinances that impose restrictions on payday loans and repayment plans, pointing to a recent Texas Supreme Court decision she said paved the way for the lawsuit to continue.

The panel concluded that, based on the Texas Supreme Court’s decision in Texas Propane Gas Association v. City of Houston, TitleMax can rise to the challenge because the “essence” of the orders is civil even though they carry criminal penalties. Tuesday’s decision by the Seventh Court of Appeals in Amarillo overturns a trial court’s award of…

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