Consumer litigation funding

Ruth v. Cherokee Funding, LLC

Georgia Supreme Court · US (GA) · 2018 · Decided

Citation/Docket: 820 S.E.2d 704 (Ga. 2018)

Parties & Funders

Posture: Funded consumers vs. funder
Funder(s) involved: Cherokee Funding

Background

Consumers argued their funding agreements violated Georgia's Payday Lending and Industrial Loan Acts.

Holding & Outcome

Held: contingent, non-recourse funding agreements are not 'loans' under those statutes.

Practical Lesson

Mirror image of Coffman, the same product is a loan in Colorado and not in Georgia. (Note: Georgia adopted a funding statute in 2025, changing the landscape.)

What Changed?

Georgia adopted its own litigation funding statute in 2025, changing the regulatory landscape this decision was decided under.

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Compiled from public sources (court filings, published opinions, and secondary reporting) as part of the Institute's Phase 1 Dispute Library research. This is educational material, not legal advice; case citations should be independently verified before relied upon.

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