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STRATTON v. PORTFOLIO RECOVERY ASSOCIATES, LLC

No. 13-6574.

770 F.3d 443 (2014)

Dede STRATTON, Plaintiff-Appellant, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 24, 2014.

Attorney(s) appearing for the Case

ARGUED: James H. Lawson , Lawson at Law, PLLC, Louisville, Kentucky, for Appellant. Joseph N. Tucker , Dinsmore & Shohl, LLP, Louisville, Kentucky, for Appellee. ON BRIEF: James H. Lawson , Lawson at Law, PLLC, Louisville, Kentucky, for Appellant. Joseph N. Tucker , Dinsmore & Shohl, LLP, Louisville, Kentucky, for Appellee.

STRANCH, J., delivered the opinion of the court, in which KEITH, J., joined. BATCHELDER, J. (pp. 452-56), delivered a separate dissenting opinion.

OPINION

JANE BRANSTETTER STRANCH, Circuit Judge.

This case involves the intersection of the usury law, "society's oldest continuous form of commercial regulation," Robin A. Morris, Consumer Debt and Usury: A New Rationale for Usury, 15 Pepperdine L.Rev. 151, 151 (1988); debt buying, "one of the most financially lucrative businesses you can get into," Victoria J. Haneman, The Ethical Exploitation...

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