Tenth Circuit Reverses Preliminary Injunction in Colorado DIDMCA Case

The United States District Court for the Tenth Circuit Court of Appeals, using a narrowly grammatical interpretation, reversed the lower court and concluded that the plain language of Section 1831d’s opt-out provision is “unambiguous” and that “loans made in such State” refers to any loan in which either the lender or the borrower is located in the opt-out state. The decision was adopted by two of the three judges on the case, with the third judge filing a dissent…
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