Ed Hubbard, of counsel in the Houston office of Kilpatrick Townsend.
In an 8-0 decision, the Texas Supreme Court ruled that a payday lender did not waive civil litigation arbitration agreements it had with customers by seeking criminal charges against them — landing some of the borrowers in jail.
The recent ruling in Henry v. Cash Biz blocked a group of plaintiffs from pursuing a class action suit in Texas state district court against Cash Biz, a now bankrupt payday lender that borrowers allege wrongfully used the criminal justice system to collect unpaid loans by filing false criminal charges.
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