The Georgia Supreme Court blocked a lawsuit against a litigation funding company Monday, ruling that such transactions can’t be governed by lending laws because they’re not really loans.

The difference is that plaintiffs in personal injury lawsuits don’t have to pay the money back if they don’t recover a judgment or a settlement, Justice Keith Blackwell said in the unanimous opinion. And they don’t have to pay back more than they recover. So, instead of loans, these payments amount to high-risk investments—with matching rates of return.

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