Page:State ex rel. Bryant v. R & A Investment Co.pdf/3

Rh important considerations are whether there is a gross inequality of bargaining power between the parties to the contract and whether the aggrieved party was made aware of and comprehended the provision in question.
 * 1) U –  – . – The purpose of Arkansas's strong anti-usury policy, as reflected by the prohibition of usury in its constitution, is to protect borrowers from excessive interest rates; the General Assembly's intent to protect consumers by passing the Deceptive Trade Practices Act promoted the purposes of art. 19, § 13, by making its provisions effective for consumers who were not likely to have financial means to obtain legal assistance to bring individual actions, who were unlikely to be aware of their legal rights, and who had no choice but to continue paying illegal rates, while appellees knowingly violated the law.
 * 2) U – A G D T P A – . – The supreme court held that the Deceptive Trade Practices Act (DTPA) was broad enough to encompass appellees' scheme, which was contrary to Arkansas's policy against usury and was designed not merely to evade the law, but to intentionally and deliberately violate the constitutional prohibition against usury; the court further held that the Attorney General had standing to enforce the provisions of the DTPA in appellees' scheme involving such unconscionable practices; the supreme court reversed and remanded for judgment consistent with its opinion.

Appeal from Pulaski Chancery Court, Second Division; Collins Kilgore, Chancellor; reversed and remanded.

Winston Bryant, Att'y Gen., by: Teresa Finkelstein, Ass't Att'y Gen., for appellant.

Rose Law Firm, P.A., by: Allen W. Bird II and Garland J. Garrett, for appellees. 

 L. C, Justice. Appellant State of Arkansas, ex rel. Attorney General Winston Bryant, appeals the judgment of the Pulaski County Chancery Court, Second Division, granting summary judgment in favor of Appellees R&A Investment Co., Inc., Reican, Inc., and Reid & Reid, Inc., all of which operate under the name of "Mid South Title Loans" (Mid South). This appeal involves issues of first impression and requires