Midwest Check Cashing, Inc., D/b/a Ez Money Check Cashing Vs. Erin E. Richey

IN THESUPREME COURT OF IOWA
No. 18 / 04-1653
Filed March 5, 2007
MIDWEST CHECK CASHING, INC.,
d/b/a EZ MONEY CHECK CASHING,
Appellee,
vs.
ERIN E. RICHEY,
Appellant.
________________________________________________________________________
Appeal from the Iowa District Court for Polk County, Robert J.
Blink, Judge.
Defendant seeks discretionary review of a decision by the district
court that affirmed a judgment entered by a magistrate in an action to
collect a “payday” loan. AFFIRMED.
Carlton G. Salmons and Tom W. George of Gaudineer, Comito &
George, West Des Moines, for appellant.
Hugh J. Cain of Hopkins and Huebner, P.C., Des Moines, for
appellee.
2
CADY, Justice.
In this discretionary review from a decision by the district court
that affirmed a judgment entered by a magistrate in an action by a
delayed deposit services business to collect a “payday” loan, we must
determine if the applicable statutory requirements were followed in the
case and whether the “payday” loan statute is constitutional. On our
review, we affirm the judgment of the district court.
I. Background Facts and Proceedings.
Erin E. Richey (Richey) obtained a $400 loan from Midwest Check
Cashing, Inc. (Midwest) in March of 2002. Midwest is a business
engaged in delayed deposit services, which provides customers with what
is commonly known as “payday” loans. Midwest is licensed to operate
the business by the State superintendent of banking. Richey had
obtained similar loans in the past from Midwest when she resided at
1228 East 13th Street in Des Moines. At the time of this transaction in
March 2002, however, Richey resided at 712 13th Street in West
Des Moines.
As a previous customer, Richey was familiar with the “payday” loan
process. Under this process, the customer gives a postdated personal
check made payable to the business engaged in delayed deposit services
in return for the receipt of cash. The amount of the check is greater than
the amount of cash the customer immediately receives from the
company. The difference in the two amounts represents the
transactional fee charged by the company for giving the customer the
cash in advance of negotiating the check. In this case, Richey made a
check payable to Midwest for $450, postdated it two weeks into the
future, and immediately received $400 from Midwest. Midwest, of
3
course, agreed to wait two weeks before cashing the check. At this time,
Richey would presumably have enough money in her account to honor
the check. The “payday” loan allows a customer with a checking account
to obtain money by writing a check without adequate funds in the
checking account at the time the check is written.
The check given to Midwest by Richey accurately reflected the
address of her current West Des Moines residence. However, Richey also
signed a disclosure agreement as a part of the transaction. The
agreement disclosed Midwest loaned Richey $400 and imposed a $50 fee
for the transaction. It also disclosed this $50 fee represented the
equivalent of a 325.89% annual percentage rate (APR) on the $400 loan
over two weeks. Finally, the agreement erroneously indicated Richey’s
current address as her former Des Moines residence, but included an
acknowledgement that “all statements made in this agreement are true,
complete, and correct.” Nevertheless, Richey signed the agreement.
Midwest negotiated Richey’s check two weeks after the transaction
by depositing it in its bank account. The check was not paid because of
insufficient funds in Richey’s checking account. As a result, Midwest
sent Richey a letter of notice to cure default. The letter was sent to her
previous Des Moines address shown on the disclosure agreement.
Midwest brought a small claims action to collect the debt after
Richey failed to respond to the notice to cure. Richey eventually filed an
answer and counterclaim in the action. The counterclaim sought
damages and attorney fees based in part on Richey’s claim that she did
not receive the notice to cure mailed by Midwest.
At the small claims hearing, a representative from Midwest
explained the procedure followed by the company in a “payday” loan
4
transaction. In particular, she testified if a check given by a customer
shows an address of the customer different from the address in its
computer records, then the customer is asked if the address in its
records is correct. If the address is not correct, the computer records are
then changed to reflect the correct address. In this way, the office
records are relied upon by the business to reflect the customer’s correct
information.
Midwest called Richey as a witness. She testified on direct
examination that Midwest never asked her to verify her current address
during the transaction. Richey then contradicted herself on cross-
examination when she recalled that Midwest did indeed ask her if the
address on the check was correct. Yet, on redirect examination, Richey
again testified that Midwest never asked about her current address.
Richey further testified she never received the notice to cure, and
had no other contact with Midwest regarding the transaction. Richey
testified she believed the check she gave to Midwest had been paid. 1
The small claims court ruled in favor of Midwest and against
Richey on her counterclaim. It found Richey failed to provide her correct
address to Midwest. Richey appealed to the district court. She claimed
the transaction was governed by the Iowa Consumer Credit Code (ICCC),
not the Delayed Deposit Services Licensing Act (DDSLA). Richey
challenged the constitutionality of the DDSLA, and further challenged
the validity of the notice to cure given by Midwest.
1Afterwriting the $450 check to Midwest, Richey’s checks were stolen. The thief
wrote over $8000 in fraudulent checks, and as a result, Richey opened a new checking
account. Because of the theft, she had considerable confusion regarding her finances
and the consequences of the check she wrote to Midwest. She assumed it had cleared
because she had not heard from Midwest.
5
The district court affirmed the judgment. It found the ICCC did
not override the more specific provisions of the DDSLA, and as a result
the DDSLA governed Richey’s transaction. It further found Richey’s
constitutional challenges to the DDSLA were without merit because
Richey could not prove the requisite state action in order to succeed. In
addition, the district court noted Richey could not show dissimilar
treatment of similarly situated individuals, and even if these
prerequisites could be met, the DDSLA was rationally related to the
government’s interest. Finally, the district court found Richey provided
Midwest with an incorrect address by signing the disclosure statement.
Subsequently, Richey applied for discretionary review to the Iowa
Supreme Court pursuant to Iowa Code section 631.16 (2005). See Iowa
R. App. P. 6.201 (stating the requirements for an application for
discretionary review). We granted her application.
II. Issues.
On appeal, Richey makes two basic arguments. First, the ICCC
governs her transaction and the transaction failed to satisfy the ICCC’s
requirements. Second, if the DDSLA governed her transaction, section
533D.9 of the DDSLA is unconstitutional.
III. Standard of Review.
“On discretionary review of a small claims action, our standard of
review depends on the nature of the case. If the action is a law case, we
review the district judge’s ruling on error.” Hyde v. Anania, 578 N.W.2d
647, 648 (Iowa 1998) (citation omitted). The parties agree Richey’s
statutory arguments must be reviewed on assigned errors. See City of
Ames v. Regency Builders, Inc., 653 N.W.2d 553, 555 (Iowa 2002)
(reviewing at law and noting the parties agree). The parties also agree
6
Richey’s constitutional arguments must be reviewed de novo. See
Simonson v. Iowa State Univ., 603 N.W.2d 557, 561 (Iowa 1999) (“Our
review of a district court’s judicial review ruling is ordinarily for
correction of errors at law. When constitutional issues are raised,
however, we must make an independent evaluation of the totality of the
evidence and our review in such cases is de novo.” (Citation omitted.)).
IV. Application of the ICCC to “Payday” Loans.
Richey claims the “payday” loan transaction is governed by the
ICCC, and the transaction violated the ICCC in three ways. First, she
argues Midwest failed to comply with the notice to cure provisions under
the ICCC. Next, Richey argues the disclosure agreement inaccurately
stated the interest rate, or at least was deceptive and misleading in
stating the interest rate, under the provisions of the ICCC. Last, Richey
argues the interest charged is unconscionable and violates the
limitations imposed by the ICCC. Thus, we must first decide if the ICCC
applies to “payday” loan transactions.
“Payday” loans are specifically governed by the “Delayed Deposit
Services Licensing Act.” The Iowa legislature enacted the statute in
1995. 1995 Iowa Acts ch. 139, §§ 1–16 (codified as amended in Iowa
Code §§ 533D.1–.16 (2007)). The DDSLA specifically applies to licensed
delayed deposit service businesses, or “payday” loan companies, and
explicitly excludes transactions involving banks, savings and loan
associations, credit unions, industrial loan companies licensed under
chapter 536A, and any affiliate of these financial organizations. Iowa
Code § 533D.16 (recognizing organizations not regulated by chapter
533D). The provisions of the DDSLA clearly governed the transaction
between Midwest and Richey in this case.
7
On the other hand, consumer credit transactions in Iowa have long
been governed by the ICCC. The ICCC predates the DDSLA, and governs
all consumer credit transactions in Iowa not specifically excluded under
the statute. The ICCC specifically applies to “acts, practices or conduct
in this state in the solicitation, inducement, negotiation, collection, or
enforcement of a transaction, without regard to where it is entered into
or modified.” Id. § 537.1201(1)(c). The transaction between Midwest and
Richey satisfies this definition. Additionally, the express exclusions
under the statute do not include delayed deposit services. See id.
§ 537.1202 (indicating what chapter 537 does not apply to). Under the
ICCC, a “payday” loan would normally satisfy the definition of a
“consumer loan.” See id. § 537.1301(14).
Consequently, it is clear the ICCC applies to “payday” loans to the
extent the statute does not conflict with the specific provisions of the
DDSLA. The ICCC provides that “no part of [the ICCC] shall be deemed
to be impliedly repealed by subsequent legislation if such a construction
can be reasonably avoided.” Id. § 537.1104 (emphasis added). The
DDSLA was enacted after the ICCC and was passed to govern delayed
deposit services. When the provisions of the DDSLA specifically govern
the issues in this case and conflict with the provisions in the ICCC, the
provisions of the DDSLA must prevail unless such a construction could
be reasonably avoided. 2 Id. We now apply this principle to Richey’s
arguments.
2We note our basic principles of statutory construction also require this result.
See Burton v. Univ. of Iowa Hosps. & Clinics, 566 N.W.2d 182, 189 (Iowa 1997)
(recognizing three principles of statutory construction); Kelly v. State, 525 N.W.2d 409,
411–12 (Iowa 1994) (“When a general statute is in conflict with a specific one, the more
specific statute generally prevails, irrespective of the time of its enactment. In case of
irreconcilable conflict between two statutes, the later one controls.”).
8
Richey argues Midwest failed to properly provide her with a notice
to cure default under the ICCC. Both parties agree the DDSLA does not
include a notice to cure requirement prior to bringing suit. Thus, the
ICCC’s notice provisions are not contradicted or impliedly repealed by the
DDSLA, and there is no need to “reasonably avoid” applying the DDSLA.
See id.
Moreover, the ICCC’s notice to cure provisions “appl[y] to actions
or other proceedings to enforce rights arising from consumer credit
transactions.” Id. § 537.5102. The parties concede this is a consumer
credit transaction. Id. § 537.1301(12) (defining “consumer credit
transaction”). Thus, Midwest must comply with the notice to cure
provisions of the ICCC. See id. § 537.5110(1) (“[T]he obligation of a
consumer in a consumer credit transaction is enforceable by a creditor
only after compliance with this section.”).
The ICCC requires a creditor to provide a notice to cure to a
consumer before bringing any legal action, so long as “the consumer has
a right to cure the default.” Id. § 537.5110(2). It is undisputed Richey
had a right to cure default. See id. § 537.5110(3) (recognizing the
circumstances when a consumer has the right to cure a default). The
ICCC also provides that if Midwest failed to follow the appropriate
procedures, its petition shall be dismissed. Id. § 537.5110(7).
Section 537.5111 sets forth the requirements for a notice to cure.
A creditor gives notice to a consumer “when the creditor . . . mails the
notice to the consumer at the consumer’s residence.” Id. § 537.5111(3).
The consumer’s residence is defined as
the address given by [the debtor] as the [debtor’s] residence
in a writing signed by the [debtor] in connection with a
transaction until the [debtor] notifies the person extending
9
credit of a different address as the [debtor’s] residence, and it
is then the different address.
Id. § 537.1201(4) (emphasis added). Thus, the creditor must mail the
notice to cure to the address given by the debtor in a writing signed by
the debtor in connection with the transaction. However, if the debtor
later notifies the creditor of a different address, then the notice to cure
must be mailed to the different address.
Richey claims the check presented to Midwest satisfied both
statutory definitions of a consumer residence for the purpose of mailing a
notice to cure. First, she claims the check presented to Midwest,
together with her oral confirmation that the address on the check was
her current residence, constituted a “writing signed by the debtor in
connection with [the] transaction.” Id. Second, she claims the check,
together with her oral confirmation that the address on the check was
her current residence, constituted notice to the creditor of a different
address.
Both arguments by Richey are predicated on her testimony that
she orally told Midwest during the course of the transaction that the
address on her check was her current residence. Yet, the magistrate
who presided over the hearing necessarily rejected this testimony, as did
the district court. The evidence revealed that, pursuant to office
protocol, Midwest would have placed the check address on the disclosure
agreement if Richey had confirmed during the transaction that her check
address was the correct address. By finding Richey failed to give
Midwest her correct address during the course of the transaction, the
magistrate, and the district court, necessarily rejected Richey’s testimony
that she told Midwest the address on the check was her current
residence. See Brichacek v. Hiskey, 401 N.W.2d 44, 46 (Iowa 1987)
10
(“When no motion to enlarge or amend is made, we assume as fact an
unstated finding that is necessary to support the judgment.”). Moreover,
Richey then signed the disclosure statement containing an address
purporting to be her residence, and there was no testimony that Richey
later notified Midwest she lived at a residence different from the address
on the disclosure agreement. Under the circumstances, Richey’s
residence for the purpose of mailing a notice to cure was the address on
the disclosure statement signed by Richey in connection with the
transaction. Midwest mailed the notice to cure to this address, and
therefore complied with our statutory requirements.
Of course, the fact remains Richey presented Midwest with a check
that revealed her correct address. While Richey has not argued this fact
alone is sufficient, we find that simply providing a check with a different
address, under the circumstances of this case, is not sufficient notice to
comply with section 537.1201(4). Under section 537.1201(4), Richey’s
residence remained her Des Moines address until she notified Midwest of
her West Des Moines address.
Richey next argues Midwest’s disclosure statement inaccurately
disclosed her rate of interest under the ICCC. In her reply brief,
however, Richey admits she erroneously computed the interest rate, and
Midwest’s computation was correct. As a result, Richey now claims the
interest rate on the disclosure agreement was not inaccurate, but
deceptive and misleading under the ICCC. The ICCC requires the APR
be disclosed according to the federal Truth in Lending Act. Iowa Code
§ 537.3201; see 15 U.S.C. §§ 1601 et seq. (2006). Yet, these provisions
of the ICCC do not apply because the more specific DDSLA provides
interest rate notice requirements of its own. See Iowa Code § 533D.9(2).
11
Richey has not argued these requirements were not met. 3 Furthermore,
even if we accepted Richey’s argument under the ICCC, we are not
persuaded an admittedly accurate interest rate could be deceptive and
misleading, or that a deceptive and misleading rate would enable Richey
to prevail in this matter.
Last, Richey claims the interest rate charged by Midwest is
unconscionable. Section 537.5108 of the ICCC allows a court to refuse
to enforce a consumer credit agreement when the terms were
unconscionable at the time of the transaction or if the agreement was
induced by unconscionable conduct. See Paglia v. Elliott, 373 N.W.2d
121, 126 (Iowa 1985) (finding unconscionability under the criteria in
section 537.5108); see also Home Fed. Sav. & Loan Ass’n v. Campney,
357 N.W.2d 613, 618 (Iowa 1984) (listing factors to determine
unconscionability). Richey, however, makes no claim that the
transaction in this matter was induced by unconscionable conduct. The
only claim raised by Richey is that the amount of fees she paid pursuant
to her agreement with Midwest is substantively unconscionable. See
Casey v. Lupkes, 286 N.W.2d 204, 207 (Iowa 1979) (recognizing the test
for when a bargain is unconscionable). The only factual findings of the
district court related to the claim were the date Richey presented
Midwest with her post-dated check, the amount of the check, the face
amount of the loan, and the date the check could be cashed.
3It appears Midwest met the requirements. At the time of this transaction,
section 533D.9(2) required Midwest to give Richey notice of (1) the fee, (2) the APR on
the first one-hundred dollars, (3) the APR on subsequent one hundred dollars if
different from the APR on the first one hundred dollars, (4) the date the check will be
deposited, and (5) any penalty to be charged if the check bounces. The disclosure
agreement Richey signed stated these requirements. Now, however, the current statute
eliminates the second and third requirements noted above, and instead requires “[t]he
annual percentage rate as computed pursuant to the federal Truth in Lending Act.”
2006 Iowa Acts ch. 1042, § 31 (codified at Iowa Code § 533D.9(2)(b) (2007)).
12
In support of her claim, Richey cites section 537.2401(1) of the
ICCC, which limits charges to twenty-one percent on consumer
transactions. However, it is not possible to reasonably avoid applying
the limitations in section 533D.9 4 of the DDSLA to this transaction. See
Iowa Code § 537.1104. Therefore, the limitations of the DDSLA apply,
and the limitations of the ICCC do not provide Richey with a basis for
relief.
Richey also cites a number of cases and law review articles raising
policy issues regarding the payday loan industry. See, e.g., Charles A.
Bruch, Taking the Pay Out of Payday Loans: Putting an End to the
Usurious and Unconscionable Interest Rates Charged by Payday Lenders,
69 U. Cin. L. Rev. 1257 (2001); Creola Johnson, Payday Loans: Shrewd
Business or Predatory Lending?, 87 Minn. L. Rev. 1 (2002). By enacting
section 533D.9, however, the legislature has directly addressed the policy
question of the level at which fees for payday loans become per se
impermissible. Moreover, the fees Midwest imposed were permissible
under the DDSLA. 5 While the existence of a legislative provision
permitting fees on payday loans may not necessarily defeat all claims of
4Section 533D.9(1) provides:
A licensee shall not charge a fee in excess of fifteen dollars on the first
one hundred dollars on the face amount of a check or more than ten
dollars on subsequent one hundred dollar increments on the face
amount of the check for services provided by the licensee, or pro rata for
any portion of one hundred dollars face value.
Iowa Code § 533D.9(1).
5The face amount of Richey’s check was $450. The fee charged was $50. A $15
fee was charged on the first one hundred dollars, and three additional charges of $10
(representing a 10% fee) were charged for the remaining three one hundred dollars
loaned. These four charges totaled $45. Then 10% of the remaining loan amount ($50)
added $5 to the fee. This resulted in a total fee of $50, and was permissible under
section 533D.9(1).
13
unconscionability, the court on this record will not entertain what
amounts to a facial challenge of the legislature’s policy determinations
contained in section 533D.9 of the DDSLA.
V. Constitutional Arguments.
Richey challenges section 533D.9 of the DDSLA as
unconstitutional for five reasons. She believes section 533D.9 violates
Article I, section 1 of the Iowa Constitution (the inalienable rights clause),
and the equal protection and due process clauses of both the Iowa and
federal constitutions. Section 533D.9 imposes limits on the charges
lenders like Midwest can impose, and requires the disclosure of certain
terms. The constitutionality of this section is an issue of first impression
for the court. We initially note “statutes are cloaked with a presumption
of constitutionality,” and the challenger “bears a heavy burden, because
it must prove the unconstitutionality beyond a reasonable doubt.” State
v. Seering, 701 N.W.2d 655, 661 (Iowa 2005).
A. Whether Section 533D.9 is Unconstitutional Under
Article I, Section 1 of the Iowa Constitution.
Article I, section 1, of the Iowa Constitution provides:
All men and women are, by nature, free and equal, and have
certain inalienable rights—among which are those of
enjoying and defending life and liberty, acquiring, possessing
and protecting property, and pursuing and obtaining safety
and happiness.
Iowa Const. art. I, § 1. This is known as the “inalienable rights clause.”
We most recently discussed this clause in Atwood v. Vilsack, 725 N.W.2d
641 (Iowa 2006). In Atwood, we noted the clause “secure[s] to the people
of Iowa common law rights that pre-existed Iowa’s Constitution.” 725
N.W.2d at 651. We also recognized the following:
It is well established that the protections of Iowa’s
inalienable rights clause are not absolute. The clause does
14
not prevent all legislative action taken pursuant to the police
power that benefits the community and impacts an
inalienable right (i.e. a common law or natural right).
Instead, it prevents only arbitrary, unreasonable legislative
action that impacts an inalienable right.
Id. at 652 (citations omitted). Thus, the question is whether section
533D.9 impacts an inalienable right and is arbitrary and unreasonable.
Section 533D.9 impacts a property right. But it is far removed
from the type of legislation that is arbitrary and unreasonable. Instead,
and in accordance with all the provisions of the DDSLA, section 533D.9
creates protections for consumers and imposes limits on delayed deposit
services. As Midwest points out, the largest check (or total amount of
two checks) a delayed deposit lender can hold from a customer is $500.
Iowa Code § 533D.10(1)(a), (b). Thus, the most that can be borrowed in a
delayed deposit transaction is $445, if the maximum $55 is charged as a
fee in accordance with section 533D.9(1). If the check is returned for
insufficient funds or otherwise not paid, the most the customer will pay
is $70, representing a $15 charge for the returned check. Id.
§ 533D.9(2)(d). Section 533D.9(1) prohibits a lender from charging more
than $15 on the face amount of the first one-hundred dollars, and more
than 10% on everything thereafter. Id. § 533D.9(1). Finally, the
procedure must be fully disclosed to the customer. Id. § 533D.9(2), (3).
While these limitations are not as protective as Richey would like, the
statute is not arbitrary or unreasonable. A law that permits a business
to engage in the “payday” loan procedure with these limitations does not
violate article I, section 1 of the Iowa Constitution.
15
B. Whether Section 533D.9 is Unconstitutional Under our
State and Federal Equal Protection and Due Process Clauses.
In this case, there is no fundamental right or protected class
involved. Therefore, our analysis of Richey’s substantive due process
and equal protection claims is ultimately similar to our evaluation of the
inalienable rights clause. 6 The reasonableness of section 533D.9 is at
issue again, and we must specifically determine whether it passes
constitutional muster under a rational basis review. See Seering, 701
N.W.2d at 662 (noting when no fundamental right is involved, “a statute
need only survive a rational basis analysis” to meet the requirements of
substantive due process); Grovijohn, 643 N.W.2d at 204 (“If the claimed
dissimilar treatment does not involve a suspect class or a fundamental
right, any classification made by the statute need only have a rational
basis [to meet the requirements of equal protection].”). Moreover,
6Of course, evaluations of substantive due process and equal protection are not
equivalent to an evaluation of the inalienable rights clause, nor are the evaluations of
due process and equal protection equivalent to each other. First of all, due process and
equal protection claims require a showing of state action. See, e.g., Jensen v. Schreck,
275 N.W.2d 374, 384 (Iowa 1979) (“A threshold question in a Fourteenth Amendment
challenge is whether state action is involved . . . .”). We have never explicitly required a
showing of state action under Iowa’s inalienable rights clause. See, e.g., Gacke v. Pork
Xtra, L.L.C., 684 N.W.2d 168, 176 (Iowa 2004) (“Thus, in determining whether the
challenged statute violated article I, section 1 of the Iowa Constitution, we must
determine (1) whether the right asserted . . . is protected by this clause, and (2) whether
[the statute] is a reasonable exercise of the state’s police power.” (citing Steinberg-Baum
& Co. v. Countryman, 247 Iowa 923, 929–30, 77 N.W.2d 15, 18–19 (1956))). Regarding
substantive due process, it must first be determined what right is involved, and then
apply the corresponding test. See, e.g., Seering, 701 N.W.2d at 662. Regarding equal
protection, it must first be determined if a classification is involved, and if so, apply the
corresponding test. See, e.g., Grovijohn v. Virjon, Inc., 643 N.W.2d 200, 204 (Iowa 2002).
We seriously doubt Richey has shown sufficient state action to bring her
substantive due process and equal protection claims. We also seriously doubt Richey
has shown she has been sufficiently classified to prevail in her equal protection claim.
See Rosen v. Bd. of Med. Exam’rs, 539 N.W.2d 345, 352 (Iowa 1995) (requiring a
plaintiff to prove he or she “is similarly situated with persons who have been treated
differently”). Nevertheless, because all of her constitutional claims are ultimately bound
by a common thread of reasonableness, we will assume there was sufficient state action
and a classification in order to review the statute under the rational basis test.
16
although Richey bases her claims on both the Iowa and federal
constitutions, we need not interpret them differently in this case. See
Sanchez v. State, 692 N.W.2d 812, 817, 819 (Iowa 2005) (noting we
would not apply different analyses under the Iowa and federal
constitutions when the parties have not articulated a reason for doing
so); State v. Davis, 304 N.W.2d 432, 434 (Iowa 1981) (“The Supreme
Court of Iowa is the final arbiter of the meaning of the Iowa Constitution,
but when the federal and state constitutions contain similar provisions,
they are usually deemed to be identical in scope, import, and purpose.
Special respect and deference is accorded United States Supreme Court
interpretations of similar language in the federal constitution.”).
“Rational basis review requires only that the law ‘be rationally
related to a legitimate state interest.’ ” State v. Simmons, 714 N.W.2d
264, 277 (Iowa 2006) (quoting Sanchez, 692 N.W.2d at 817–18); see
Seering, 701 N.W.2d at 662 (noting rational basis review “requires us to
consider whether there is a ‘reasonable fit between the government
interest and the means utilized to advance that interest’ ” (quoting State
v. Hernandez-Lopez, 639 N.W.2d 226, 238 (Iowa 2002))). We have also
recognized “ ‘[w]hen social or economic legislation is at issue, the Equal
Protection Clause allows the States wide latitude, and the Constitution
presumes that even improvident decisions will eventually be rectified by
the democratic processes.’ ” Sanchez, 692 N.W.2d at 817 (quoting City of
Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 440, 105 S. Ct. 3249,
3254, 87 L. Ed. 2d 313, 320 (1985)). While rational basis review is
deferential to the legislature, “ ‘it is not a toothless one.’ ” Racing Ass’n
of Cent. Iowa v. Fitzgerald, 675 N.W.2d 1, 9 (Iowa 2004) (citation
omitted).
17
The State has a legitimate interest in protecting borrowers or
limiting the fee delayed deposit lenders can charge. Section 533D.9 is
certainly rationally related to this purpose. Section 533D.9(1) specifically
limits the amount lenders can charge, and subsection (2) requires
disclosure of all important terms. Iowa Code § 533D.9(1), (2). Moreover,
Chapter 533D imposes important restraints on delayed deposit lenders
that would otherwise not be imposed or complied with. See, e.g., id.
§ 533D.10(f) (prohibiting a lender from imposing any other fees than
those allowed in section 533D.9(1) and (2)). While some, and certainly
Richey in this case, believe the limits and protections in section 533D.9
authorize usurious terms, this is a concern that should be taken to the
legislature, not the courts. See Sanchez, 692 N.W.2d at 817. We hold
section 533D.9 passes rational basis review, and is therefore not a
violation of equal protection or substantive due process.
VI. Conclusion.
We find the interest rate notice and limitation provisions of the
DDSLA governed the transaction in this case and its provisions were
met. Where the notice to cure provisions of the ICCC governed this
transaction, its provisions were also met. We further find section 533D.9
of the DDSLA is constitutional. Accordingly, the judgment of the district
court is affirmed.
AFFIRMED.