A contract term in which a group of small business owners agreed not to be representatives in class actions has torpedoed any chance of class certification in their predatory lending case against the lender, a federal judge has ruled.

U.S. District Judge Mark Kearney of the Eastern District of Pennsylvania held in Korea Week v. Got Capital that the plaintiffs’ commercial financing contracts with British-based Got Capital, which was formerly doing business as H-Capital, but currently uses the name Yalber, agreeing not to serve as lead plaintiffs in a class action meant just that.

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