Commonwealth v. NC Fin. Servs. of Utah LLC

In state consumer-protection litigation against an internet lender, venue in Fairfax is proper based on affected consumers and loans extended in the county, and the subject loan agreements’ choice of Utah law is unenforceable due to lack of nexus with Utah and strong public policy in favor of enforcing the Virginia Consumer Protection Act. The VCPA’s exception for “small loan companies” doesn’t apply to the defendant, which is not registered in Virginia and not regulated and supervised by the State Corporation Commission or a comparable federal entity.

Motion to transfer denied; demurrer overruled.

Commonwealth v. NC Fin. Servs. of Utah LLC, No. CL18-6258, Oct. 28, 2018. Fairfax Cir. (Bernhard).

Categories: Opinions, Virginia Circuit Courts


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