Re:Tell HN: We'll pay for you to sue Equifax
by xie_alan on Thursday September 14, 2017 @04:48PM
(#15252386)
IANAL, but isn't champerty permitted (or not prohibited) in almost every state? I don't think there's any remotely recent precedent for state-level champerty statutes (the few that still exist) being enforced in a commercial litigation context, and I think this situation is one in which the plaintiffs (Equifax data breach victims) are already planning to file suit, thus not rising to the level of "champerty and maintenance" being applied to frivolous litigation that such statutes aim to prevent.
Re:Tell HN: We'll pay for you to sue Equifax
by ABCLAW on Thursday September 14, 2017 @05:29PM
(#15252674)
>IANAL, but isn't champerty permitted (or not prohibited) in almost every state?
Nope.
Third party lending as a broad policy trend has certainly opened up over time, but some states still have the restriction, others have reformed it, others call it a different thing and some have abolished it.
Is the risk substantial in your specific case? Maybe not. Maybe it is. Just know there's a risk there and you're the one eating it.
If you get hit for that, you're on the hook, not them. That's explicit in their ToS. Have fun, kiddos.