However, for whatever reason, the plaintiffs have not similarly delineated the members of the Damages Subclasses

However, for whatever reason, the plaintiffs have not similarly delineated the members of the Damages Subclasses

Instead, the Damages Subclasses are defined in the past tense, that is, South Carolina citizens “who borrowed money from Defendant in the three years preceding the filing of this complaint” or who “renewed a loan with Defendant

Damages Subclass One: All citizens of South Carolina who borrowed money from Defendant in the three years preceding the filing of this complaint whose monthly obligations exceeded 55% of their gross monthly income.

Advance America contends that these class definitions include “any individual who (1) entered into a deferred presentment services agreement with Advance America and (2) was at any time a South Carolina citizen.” (Br. Appellant 17.) Advance America then argues that the classes would include plaintiffs “who borrowed money” from it while a South Carolina citizen, but who thereafter became citizens of another state before the Complaint was filed. The majority finds this argument unpersuasive based on its reading of the classes as defined in the Complaint and concludes that “if one of Advance America’s customers had in fact established domicile outside of customers would not be ‘citizens of South Carolina’ at the time the complaint was filed and therefore would not be members of the proposed class.” Supra at 937. For the reasons that follow, I agree with the majority as to the Inages Subclass One and Damages Subclass Two (collectively, the “Damages Subclasses”).

The plain language of the Complaint defining the Injunctive Relief Class describes its members in the present tense, that is, South Carolina citizens “who are domiciled in South Carolina.” (Emphasis added). This language establishes a class of plaintiffs who are South Carolina citizens even though the ultimate class membership is further online payday loans Vermont direct lender restricted to those South Carolina citizens “who borrowed money from Defendant in the three years preceding the filing of the complaint.” If a person is not “domiciled in South Carolina” at the time the Complaint was filed then that person, by definition, cannot be a member of the Injunctive Relief Class. (más…)

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