Linton

Linton v. Axcess Financial Services, Inc.

Good Law
United States District Court, Northern District of CaliforniaJune 30, 20233:23-cv-01832California2,558 words

Opinion

Trial Court Opinion

I. BACKGROUND

21 A. Plaintiff’s Allegations 22 Linton, a California resident, obtained a $1,000 consumer loan from Axcess, an 23 Ohio corporation. See Compl. (dkt. 1) ¶¶ 4–5, 14. Linton alleges that, because Axcess 24 does not hold a license to make loans in California, it is subject to the 10% maximum 25 interest rate limitations dictated by Article XV, § 1 of the California Constitution. See id. 26 ¶ 8. Under the parties’ Loan Agreement, Axcess set Linton’s interest rate at an Annual 27 Percentage Rate (“APR”) of 214.41%, far exceeding the 10% maximum interest rate permitted under California law. Id. ¶ 15. Linton brings claims under California’s Unfair Competition Law, Bus. & Prof. Code § 17200 et seq. (“UCL”), alleging that “[b]y advertising, making, and/or servicing loans in California that carry interest rates exceeding the maximum rate allowed by California law, Defendants have engaged in unlawful and/or unfair business acts or practices, in violation of [the UCL].” Id. ¶ 31. B. Procedural History On February 24, 2023, Linton filed the putative class action complaint in the Alameda County Superior Court. See Notice of…

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