NOTICE OF ELECTRONIC FILING

AlaFile E-Notice

To: ANDREW P. CAMPBELL acampbell@

03-CV-2013-901639.00

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA CASH MART INC. ET AL V. ALABAMA STATE DEPARTMENT OF BANKING ET AL

03-CV-2013-901639.00 The following complaint was FILED on 9/19/2013 4:19:58 PM

Notice Date: 9/19/2013 4:19:58 PM

TIFFANY B. MCCORD CIRCUIT COURT CLERK MONTGOMERY COUNTY, ALABAMA 251 S. LAWRENCE STREET MONTGOMERY, AL 36104

334-832-1260

State of Alabama Unified Judicial System

Form ARCiv-93 Rev.5/99

COVER SHEET CIRCUIT COURT - CIVIL CASE

(Not For Domestic Relations Cases)

Case Number:

ELECTRONICALLY FILED 9/19/2013 4:19 PM

03-CV-2013-9016309C3I-.RC0CV0U-2I0T1C3-O9U01R6T39O.0F0

Date of Filing: MONTGOJMuEdgReYCCoOdeU: NTY, ALABAMA

09/19/2013

TIFFANY B. MCCORD, CLERK

GENERAL INFORMATION

IN THE CIRCUIT OF MONTGOMERY COUNTY, ALABAMA CASH MART INC. ET AL v. ALABAMA STATE DEPARTMENT OF BANKING ET AL

First Plaintiff:

Business Government

Individual Other

First Defendant:

Business Government

Individual Other

NATURE OF SUIT:

TORTS: PERSONAL INJURY

WDEA - Wrongful Death TONG - Negligence: General TOMV - Negligence: Motor Vehicle TOWA - Wantonnes TOPL - Product Liability/AEMLD TOMM - Malpractice-Medical TOLM - Malpractice-Legal TOOM - Malpractice-Other TBFM - Fraud/Bad Faith/Misrepresentation TOXX - Other:

TORTS: PERSONAL INJURY

TOPE - Personal Property TORE - Real Property

OTHER CIVIL FILINGS

ABAN - Abandoned Automobile ACCT - Account & Nonmortgage APAA - Administrative Agency Appeal ADPA - Administrative Procedure Act ANPS - Adults in Need of Protective Services

OTHER CIVIL FILINGS (cont'd)

MSXX - Birth/Death Certificate Modification/Bond Forfeiture Appeal/Enforcement of Agency Subpoena/Petition to Preserve

CVRT - Civil Rights COND - Condemnation/Eminent Domain/Right-of-Way CTMP-Contempt of Court CONT-Contract/Ejectment/Writ of Seizure TOCN - Conversion EQND- Equity Non-Damages Actions/Declaratory

Judgment/Injunction Election Contest/Quiet Title/Sale For Division

CVUD-Eviction Appeal/Unlawfyul Detainer FORJ-Foreign Judgment FORF-Fruits of Crime Forfeiture MSHC-Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition PFAB-Protection From Abuse FELA-Railroad/Seaman (FELA) RPRO-Real Property WTEG-Will/Trust/Estate/Guardianship/Conservatorship COMP-Workers' Compensation CVXX-Miscellaneous Circuit Civil Case

ORIGIN: F INITIAL FILING R REMANDED

A APPEAL FROM DISTRICT COURT

T TRANSFERRED FROM OTHER CIRCUIT COURT

O OTHER

HAS JURY TRIAL BEEN DEMANDED?

Yes No

RELIEF REQUESTED:

MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED

ATTORNEY CODE: CAM006

9/19/2013 4:19:57 PM

/s/ ANDREW P. CAMPBELL

MEDIATION REQUESTED:

Yes No

Undecided

ELECTRONICALLY FILED 9/19/2013 4:19 PM

03-CV-2013-901639.00 CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA TIFFANY B. MCCORD, CLERK

IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA

CASH MART, INC., RAPID CASH OF

)

ALABAMA, INC., CBL, LLC d/b/a NETCASH, )

CASH SERVICES, INC., EZ TITLE LOANS, )

INC., QUICK CASH, INC., TITLE CASH,

)

INC., TITLE CASH OF BIRMINGHAM, INC., )

TITLE CASH OF HUNTSVILLE, INC., TITLE )

CASH OF MOBILE, INC., TITLE CASH OF )

MONTGOMERY, INC., TITLE CASH OF )

PELHAM, INC., TITLE CASH OF TROY, )

INC., SPEEDEE CASH OF ALABAMA, INC., )

1SC, INC., 2SC, INC., 3SC, INC., 11SC, LLC, )

12SC, LLC, 13 SC, LLC, 5SC, LLC, 6SC, LLC, )

7SC, LLC, 8SC, LLC, 10SC, LLC, ACC OF )

MONTGOMERY, INC., ACC OF SELMA, )

INC., ACC OF GREENVILLE, INC., ACC OF )

TUSKEGEE, INC., ACC OF PRATTVILLE, )

INC., ACC OF TROY, INC., ACC OF

)

PELHAM, INC., ACC OF DOTHAN, INC., )

ACC OF OZARK, INC., ACC OF

)

ENTERPRISE, INC., ACC OF EUFAULA, )

INC., ACC OF TROY II, INC., MONEY IN A )

FLASH CASH ADVANCE, LLC, CITY

)

CHECK ADVANCE, LLC, EASY CHECK )

ADVANCE, LLC, SIGNATURE LOAN

)

SERVICE, LLC, MONEY NOW DEMOPOLIS, )

INC., MONEY NOW OF SOUTH ALABAMA, )

INC.,

)

)

Plaintiffs,

)

)

v.

)

)

ALABAMA STATE BANKING

)

DEPARTMENT, JOHN HARRISON,

)

individually and in his official capacity as

)

Superintendent of the Alabama State Banking )

Department and SCOTT CORSCADDEN,

)

Individually and in his official capacity as

)

Supervisor of the Bureau of Loans at the

)

Alabama State Banking Department,

)

)

Defendants.

)

Civil Action No. 2013:__________

COMPLAINT COME NOW Plaintiffs and submit this Complaint against Defendants Alabama State Banking Department, John Harrison, and Scott Corscadden (collectively the "Defendants"). In this Complaint, Plaintiffs seek the Court to make a declaratory judgment determining the constitutionality of the Database Service Provider provision set forth in the newly enacted Deferred Presentment Services Act Regulation (the "Regulation"). Ala. Admin. Code R. 155-24.09. Plaintiffs filed a Motion for Preliminary Injunction contemporaneously herewith. In support of this Complaint, Plaintiffs state as follows: I. Summary of Claims 1. Plaintiffs are all citizens and resident corporations located in Alabama which conduct business in this State and pay taxes to the State of Alabama. 2. Defendant Alabama State Banking Department (the "Department") is an agency of the State of Alabama, headquartered in Montgomery, Alabama. As a state agency, the Department is part of the Executive Branch of State government, responsible for issuing licenses and regulating all lenders in the State of Alabama, including banks, savings and loans establishments, and retail lenders. The Department's duties include promulgating rules to enforce, implement, and execute regulations within the State. However, it has no authority to "legislate" by enacting a regulation that makes substantive changes that conflict with existing statutes passed by the Legislature. 3. Defendant John Harrison ("Harrison") is an adult resident citizen of the State of Alabama and is the superintendent of the Department. 4. Defendant Scott Corscadden ("Corscadden") is an adult resident citizen of the State of Alabama and is the supervisor of the Department's Bureau of Loans.

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5. Both Harrison and Corscadden drafted the Regulation, intentionally acting beyond their statutory authority--therefore, they are not protected by any type of immunity for their actions. Although the State generally enjoys sovereign immunity under Ala. Const. Art. I, ? 14, a "state official is not immune from an action that (1) seek to compel a state official to perform his or her legal duties, (2) seeks to enjoin a state official from enforcing unconstitutional laws, (3) seeks to compel a state official to perform ministerial acts, or (4) seeks a declaration under the Declaratory Judgments Act, ? 6-6-22- et seq., Ala. Code 1975, construing a statute and applying it in a given situation." Ex parte Alabama Dept. of Transp., 978 So. 2d 17, 22 (Ala. 2007); see Off Campus College Bookstore, Inc. v. University of Alabama in Huntsville, 25 So. 3d 424, 426 (Ala. 2009) ("the purpose of the so-called `exception' to ? 14 allowing declaratoryjudgment actions is to give direction to State officers").

6. The Plaintiffs are all engaged in the business of making short-term cash loans or advances to retail customers through deferred presentment transactions or payday loans ("DPTs"). All Plaintiffs are lenders, licensed by the Department and operating lawful business establishments by providing loans to customers who otherwise have limited access to any type of financing. Plaintiffs are regulated by the Department pursuant to Deferred Presentment Services Act, codified at Ala. Code 5-18A-1, et seq. In making these loans, Plaintiffs compete with many other financing entities, including major banks throughout the State as well as online lenders outside of the State which provide the same loans and cash advances to consumers. Indeed, the market for providing small loans and cash advances to consumers exploded over the past few years and now includes such lenders include major banks, offshore-based lending companies, lenders only accessible electronically by internet and Native American tribes.

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