Orubo
Orubo v. Activehours, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRENNAN ORUBO, et al., Case No. 5:24-cv-04702-PCP
Plaintiffs,
ORDER DENYING MOTION TO
v. DISMISS
ACTIVEHOURS, INC., Re: Dkt. Nos. 30, 39 Defendant.
Plaintiffs Brennan Orubo, Michael Sims, Demetrice Mathis, and Cidney Lett bring this putative class action against defendant Activehours, Inc., doing business as EarnIn, for violations of (1) the Georgia Payday Loan Act (GPLA) and (2) the Truth in Lending Act (TILA). Plaintiffs assert that EarnIn attempts to circumvent laws governing payday lending by misleadingly characterizing its product as an “earned wage access service” and structuring fees and repayment in ways that disguise the nature of its loans and the high interest rates that customers pay.1 EarnIn moves to dismiss pursuant to Rule 12(b)(6). For the following reasons, the motion is denied. BACKGROUND EarnIn is an app that offers cash advances to customers on their paychecks.2 EarnIn allows…