COURT USE ONLY A. Petitioners, Case No. 2013SC0497

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1 SUPREME COURT STATE OF COLORADO 2 East 14th Avenue Denver, CO On Certiorari to the Colorado Court of Appeals Hon. John D. Dailey, Steven L. Bernard, and Richard L. Gabriel, Judges, Case No. 2012CA1130 District Court, City and County of Denver Hon. Brian Whitney and Edward D. Bronfin, Judges, Case No. 2010CV8380 OASIS LEGAL FINANCE GROUP, LLC; OASIS LEGAL FINANCE, LLC; OASIS LEGAL FINANCE OPERATING COMPANY, LLC; and PLAINTIFF FUNDING HOLDING, INC., d/b/a LAWCASH, Petitioners, v. COURT USE ONLY A Case No. 2013SC0497 JOHN W. SUTHERS, in his capacity as Attorney General of the State of Colorado; and JULIE ANN MEADE, in her capacity as the Administrator, Uniform Consumer Credit Code, Respondents. David R. Fine, #16852 MCKENNA LONG & ALDRIDGE LLP 1400 Wewatta Street, Suite 700 Denver, Colorado Tel: (303) Fax: (303) ATTORNEY FOR AMICI CURIAE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA AND DENVER METRO CHAMBER OF COMMERCE ADDENDUM TOAMICI CURIAE BRIEF OF CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA AND THE DENVER METRO CHAMBER OF COMMERCE IN SUPPORT OF RESPONDENTS

2 ADDENDUM EXHIBIT 1

3 Lawsuit Financing Terms and and Conditions I Oasis I Oasis Legal Legal Finance Finance Page 1 of 3 Oasis Legal Final/CO. Legal Finance' WE LIVE CHAT 11= CHAT itall= Lawsuit funding Funding Structured settlements Setttements Resources About Oasis Attorneys Site Search:: : SEARCH Ver este sitio en espalloi espanol Select Language V Oasis Legal Lawsuit Financing Terms Terms and and Conditions Conditions Oasis specializes specialzes in In lawsuit financing for for individual plaintiffs. Lawsuit financing is is a a means of of obtaining funds funds specific specific to a to legal a legal personal personal Injury injury complaint complaint or or lawsuit- Lawsuit financing levels the the playing field fled between the the plaintiff and and defendants. Lawsuit financing can can give give the the plaintiff access access to part to part of of emected expected settlernet settlement funds. Lawsuit financing provided by by third-partles such such as Oasis Oasis permitted Is pemetted where where available. available. Generally the use of of funds from from lawsuit financing Is ursrestricted. is unrestricted. Lawsuit Mancha financing carries no no risk risk for for plaintiffs. Information about lawsuit financing in general In general and and lawsuit lawsuit financing financing options options available available from Oasts from are Oasis are presented on this site. while While application for for lawsuit Mantling financing is open is open to anyone to anyone who who meets meets the critela the criteria outlined on this site, approval for for lawsuit financing is not is not automatic. Individuals Individuals and companies and companies seeking seelato lawsuit financing must mug qualify, as determined by by our our team team of of lawsuit financing professionals. Start Your FREE Application Nowt Al Fields are Rewired Required Fist First Name: Phone: Attorney Fist Fast Name: Attorney Phone: Last Name: Zip zip Code: J Attorney tint that Name: TERMS & CONDITIONS The blowing following terms and conditions anditions govern the use use of of this this website, an an electronic service service that that permits permits you to you to apply for legal funding and obtain information Information about about legal legal funding funding offered offered by Oasis by Oasis Legal Legal Finance, Finance, LLC. 11.C. Please read the following terms and and conditions carefully, carefully. ay ay accessing this site, you indicate your =entente aoceplanat of these of these terms terms and and conditions. If you If you do not do agree not agree to these to these terms terms and conditions, and conditions, do not do use not use this website webslte or download any mataiais materials from from it. Lawsuit It. Lawsuit financing financing is the is the main topic of this site. Oasis Legal Finance makes no no representation that that lawsuit lawsuit financing financing information or other or material other material on this on this site see Is is appropriate or or available for for in in any any State, State, jurtsdlotion, jurisdiction, or territory tertiary where where Oasis Oasis Legal Legal Finance Finance does not &Xs not conduct business, and and access to to this this site site from from any any State, State, Itatclictran, jurisdiction, or territory territory where where its contest is contest is legal IS illegal is prohibited. If If you choose Moose to to access this this site site from any any State, State, jurisdlotbn, jurisdiction, or territory where Oasis Oasis Legal legal Finance does not conduct business, you you do do so so on on your your own own Witiative initiative and and are are responsble for complance for compliance with applicable local taws, Laws, Including including those those for for lawsuit lawsuit financing, tf any. if any. State And Workers Compensations Exdusions Exclusions Lawsuit financing finandng amounts wit will vary and and Is Is determined by specific by specific underwriting criteria criteria on a casebytase on a case-by.case basis, basis. The attorney handling your your case tase must must cooperate with with the lawsuit the lawsuit financing financing tranoaction. transaction. Oasis Legal Oasis Legal Finance chooses not to to provide lawsuit financing in the in the states states of Arkansas, of Arkansas, Colorado, Colorado, Kansas, Kansas, Maryland, Maryland, and North Ncith Carolina; and and does does not not herd fund Workers Workers Compensation cases cases in Alaska. in Alaska, Argo nit, Anima, Arkansas, Arkansas, Cafifornia, Caffornla, Colorado, District Mitt of Columbia (Washington D.C.), D.C.), Hawaii, Hamill, Idaho, Idaho, Kansas, Its, Maine, Maine, Massachusetts, Maryland, Michigan, Minnesota, North Corded, Carolina, New New Hampshire, Hampshire, New Jersey, New Jersey, Nevada, Nevada, New York, New Ohio, Volt, Ohio, Oregon, Pennsylvania, Puerto Rico, Moo, Rhode Rhode Island, Island, Texas, Taos, Utah, Utah, Virginia, Washington, Wisconsin, Wisconsin, Wyoming. Wyoming. Counsel and Attorney-Client Relationship; My Arty Information, documents, or other a other material (hereafter, (hereafter. 'information") on our on website our website about lawsuit about lawsuit financing or other topts topics are are for informational Informational purposes purposes only. only. We are We not are providing not providing legal advice legal advice to you, to and you, and your review or consideration of of any any information about about lawsut lawsuit financing finandng on our on website our website is not is intended not Intended to to (and does not) create an en attorney-client relationship between between you, you, us, or us, any a other any other parties. Patties- Likewise, Likewise, any any Information information submitted by by you you to to Oasis Oasis Legal Legal Finance through through this site this (or site any (or other any other means) means) does not does not create an attorney-client relationship between you, you, us, us, or any or any other other parties. parties. You should You should consul consult with your with your attorney tf if you need advice regarding any any Information contained contained our on website our websre or arc or lawsuit cur lawsuit financing financing services. Copyright and Other Intellectual Property: Video library Library %. CONTINUE CeNTINLIE.'.. Oasis Legal Silence, Finance, LLC. U.C. or or 113 Its corporate parents, affiliates, or subsidtaries or subsidiaries ("OASIS') ("OASIS') maintains maintains this web this web sae site and certain other web web sites sees that that are are linked linked to this to this site, site, and and is the Is owner the owner or the or authorized the authorized user of user ail of ail text, images, graphics, photos, animation, must, music, sounds sounds and and other other materials materials contained contained within within these web these web sites. 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6 ADDENDUM EXHIBIT 2

7 IN THE MATTER OF: BEFORE THE MARYLAND OASIS LEGAL FINANCE, LLC * COMMISSIONER OF Respondent m FINANCIAL REGULATION * DFR-EU * SUMMARY ORDER TO CEASE AND DESIST WHEREAS the Maryland Department of Labor, Licensing and Regulation, Office of the Commissioner of Financial Regulation (the "Division"), undertook au investigation into the business activities of Oasis Legal Finance, LLC ("Oasis" or "Respondent"); and WHEREAS, as a result of that investigation, the Commissioner of Financial Regulation (the "Commissioner") finds grounds to allege that Respondent has violated Commercial Law Article ("CL"), Title 12, Subtitle 3, Annotated Code of Maryland, and Financial Institutions Article ("FI"), Title 11, Subtitle 2, Annotated Codc of Maryland (collectively the "Maryland Consumer Loan Law," or "MCLL"); and the Commissioner finds that action under FI 2-115(a) and (b) is appropriate. NOW, THEREFORE, the Commissioner has determined, for the reasons set forth below, that Respondent's business activities constitute usurious and unlicensed consumer lending in violation of Maryland law, and that it is in the public interest that Respondent immediately Cease and Desist from making consumer loans to Maryland consumers: 1. Pursuant to FI , "juinless a person is licensed by the Commissioner, the person may not: (1) [m]ake a loan..." EXHIBIT 2

8 2. Pursuant to CL , a "person may not engage in the business of making loans under this subtitle unless the person is licensed under or is exempt from the licensing requirements of Title 11, Subtitle 2 of the Financial Institutions Article, Annotated Code of Maryland. known as the Maryland Consumer Loan Law Licensing Provisions." 3. Pursuant to CL (c), a "lender" "means a person who makes a loan under [Title 12, Subtitle 3 of the Commercial Law Article]." 4. Pursuant to CL (e), a. "loan" "means any loan or advance of money or credit made under [Title 12, Subtitle 3 of the Commercial Law Article]." 5. CL specifies the maximum interest rates which a lender is permitted to charge on a loan under Title 12, Subtitle 3 of the Commercial Law Article, Section (a)(6)(i) provides as follows: "For any loan with an original principal balance of $2,000 or less, 2.75 percent interest per month on that part of the unpaid balance not more than $1,000 and 2 percent interest per month on that part of the unpaid principal balance that is more than $1,000." This section, therefore, permits a lender to charge a maximum Annual Percentage Rate ("APR") of 33 percent interest on unpaid principal balances up to $1,000, and 24 percent on unpaid principal balances over $1,000, Section (a)(6)(ii) provides: "For any loan with an original principal balance of more than $2,000, the maximum rate of interest is 2 percent per month on the unpaid principal balance of the loan." This section only permits a lender to charge a maximum APR of 24 percent on the unpaid principal balance of the loan.

9 6. Pursuant to CL (a)(1), a lender may not "[Orectly or indirectly contract for. charge, or receive any interest, discount, fee, fine, commission, charge, brokerage. or other consideration in excess of that permitted by this subtitle." 7. Pursuant to CL (a), a person is prohibited from lending $6,000 or less "if the person directly or indirectly contracts for, charges, or receives a greater rate of interest, charge, discount, or other consideration than that authorized by the laws of this State." Furthermore, CL (b)(1) and (2) provide as follows: (1) A loan made in the amount of $6,000 or less, whether or not the loan is or purports to be made under this subtitle, is unenforceable if a rate of interest, charge, discount or other consideration greater than that authorized by the laws of this State is contracted for by any person unless the excess rate contracted for is the result of a clerical error or mistake and the person corrects the error or mistake before any payment is received under the loan. (2) The person who is neither a licensee nor exempt from licensing may not receive or retain any principal, interest, or other compensation with respect to any loan that is unenforceable under this subsection. 8. Pursuant to CL , the provisions of Title 12, Subtitle 3 "shall be interpreted and construed to effectuate its general remedial purpose." 9. On or about December 8, 2008, the Division received a complaint related to litigation funding "Purchase Agreements" which Oasis had entered into with Maryland resi dents. 10. Pursuant to its agreement with Consumer A. which was entered into on or about October 11, Oasis provided a $2,000 advance to Consumer A in exchange for Consumer A's agreement to repay Oasis front any settlement or other recovery from Consumer A's then-pending tort claim, with the amount of repayment dependent upon the date when Oasis received its money: the repayment amount was stated to be $2,800 3

10 if Oasis was repaid within 6 months from the date of the advance (i.e. from October 11, 2006); $3,200 if Oasis was.repaid 6-12 months after the advance; $4,000 if repaid months after the advance; $5,000 if repaid months after the advance; $6,000 if repaid months (2-3 years) after the advance; $7,000 if repaid months (3-3.5 years) after the advance; and $8,000 if Oasis was repaid 42 months (3.5 years) or more after the date of the advance. 11. Pursuant to its agreement with Consumer B. which was entered into on or about December 10, 2007, Oasis provided a $2,500 advance to Consumer B in exchange for Consumer B's agreement to repay Oasis from any settlement or other recovery from Consumer B's then-pending tort claim, with the amount of repayment dependent upon the date when Oasis received its money: the repayment amount was stated to be $3,750 if Oasis was repaid within 6 months after the date of the advance (i.e. from December 10, 2007); $4,125 if Oasis was repaid 6-12 months after the advance; $5,625 if repaid months after the advance; $6,250 if repaid months after the advance; $6,875 if repaid months after the advance; $8,125 if repaid months (2-2.5 years) after the advance; and $8,750 if Oasis was repaid 30 months (2.5 years) or more after the date of the advance. 12. The advances by Oasis under the respective "Purchase Agreements" of $2,000 to Consumer A and $2,500 to Consumer B constitute "loans" under CL (e) (a statute which, as indicated above, includes an "advance of money" under the definition of "loan"), and thus Oasis and its "Purchase Agreements" are subject to the MCLL. 4

11 13. Respondent Oasis is not licensed by the State of Maryland to make consumer loans. 14. The terms of the consumer loans made to Consumer A and Consumer B, including, but no limited to, APRs in excess of those permitted under Maryland law, violate the aforementioned sections of the consumer loan laws which the Commissioner is charged with enforcing. 15. Following resolution of Consumer A's tort claim, Oasis threatened legal action against both Consumer A and Consumer A's litigation attorney if Oasis was not repaid pursuant to the Agreement. Consumer A's litigation attorney negotiated a settlement with Oasis whereby Oasis was paid $3,100 from the settlement proceeds of Consumer A's underlying suit as satisfaction of Consumer A's obligations under the Agreement. Consumer B's tort claim has not yet been resolved. 16. Based on the foregoing facts, it has been determined that Respondent Oasis engaged in the business of making consumer loans to Maryland residents without being licensed as required by Maryland law, and that Respondent has charged and received interest on the aforementioned loans in excess of the amount permitted by Maryland law. WHEREFORE, it is HEREBY ORDERED that Respondent shall immediately CEASE AND DESIST from making unlicensed consumer loans to Maryland consumers; and it is further ORDERED that Respondent shall immediately CEASE AND DESIST from violating the aforementioned statutory provisions of Maryland law, and that Respondent should be assessed statutory monetary penalties for its violations. Such statutory penalties may include, but are not limited to, a final order declaring that all consumer 5

12 loans made by Respondent to Maryland residents are unenforceable pursuant.to CL (b), and as such Respondent "may not receive or retain any principal, interest, or other compensation with respect to [these] loan[s] that [are] unenforceable:" and it is further ORDERED that. within 15 days of the receipt of this Summary Order to Cease and Desist, Respondent shall provide to the Office of the Commissioner a detailed list of all litigation, purchase, or like agreements that Oasis has entered into with Maryland consumers since January 1, 2006, including the following infoimationj for each consumer: the name of.the consumer; the consumer's phone number and home address; the date that the agreement with Oasis was formed; the original amount of the advance; the names and contact information for the consumer's litigation attorney: whether the advance was repaid by the consumer, and if so, how much was repaid and the date repaid. Furthermore, RESPONDENT IS HEREBY NOTIFIED that, pursuant to Fl 2-115(a) and (b), Respondent is entitled to a hearing before the Commissioner to determine whether this Summary Order to Cease and Desist should be vacated, modified, or entered as a final Order of the Commissioner; and further, RESPONDENT IS HEREBY NOTIFIED that, pursuant to Fl 2-115(a) and (b), this Summary Order to Cease and Desist will be entered as a final Order of the Commissioner if Respondent does not request a hearing within 15 days of the receipt of this Summary Order to Cease and Desist.. As a result of a hearing, or of Respondent's failure to request a hearing, the Commissioner may, in the Commissioner's discretion and in addition to taking any other 6

13 action authorized by law, enter an Order making this Cease and Desist Order final, issue a penalty order against Respondent imposing a civil penalty up to $1,000 for a first violation and up to $5,000 for each subsequent violation, or may take any combination of the aforementioned actions against Respondent. The Commissioner may also enter an Order req airing= that the Respondents refund to Maryland consumers any 'principal, interest or other compensation related to impermissible loans, including the advances made by Respondent under litigation "Purchase Agreements." MARYLAND COMMISSIONER OF FINANCIAL REGULATION Mark Kaufman Deputy Commissioner

14 ADDENDUM EXHIBIT 3

15 IN THE MATTER OF: OASIS LEGAL FINANCE, LLC Respondent BEFORE THE MARYLAND COMMISSIONER OF FINANCIAL REGULATION DFR-EU SETTLEMENT AGREEMENT AND CONSENT ORDER This Settlement Agreement and Consent Order ("Agreement") is entered into this 6 th day of August, 2009, by and between the Maryland Commissioner of Financial Regulation (the "Commissioner") and Oasis Legal Finance, LLC ("Oasis"), 40 North Skokie Boulevard, Suite 500, Northbrook, Illinois WHEREAS, the Commissioner is charged under the Maryland Consumer Loan Law, Commercial Law Article ("CL"), Title 12, Subtitle 3, Annotated Code of Maryland, and Financial Institutions Article ("FI"), Title 11, Subtitle 2, Annotated Code of Maryland, With the responsibility of licensing and regulating consumer loans and advances in this State; and WHEREAS, as a result of two complaints and an investigation by the Office of the Commissioner, it was alleged that Oasis engaged in the business of making loans or advances to Maryland consumers without the proper licenses under Maryland law; and EXHIBIT 3

16 WHEREAS, in connection with these allegations, the Commissioner of Financial Regulation issued a Summary Order to Cease and Desist to Oasis on March 9, 2009, in which Oasis was ordered to cease and desist from engaging in the business of making advances to Maryland residents; and WHEREAS, the Commissioner desires to ensure that Oasis will comply with all applicable licensing requirements and other provisions of Maryland law and regulations applicable to the making of advances in this State, and desires to avoid the cost to the taxpayers of lengthy hearings, court proceedings and appeals resulting from a litigated disposition of these allegations; and WHEREAS, 9asis denies the allegations in the Summary Order to Cease and Desist issued to Oasis on March 9, 2009, and denies any liability under the Maryland Consumer iloanlaw, or any other State laws or regulations applicable to lending in Maryland, and continues to assert that these transactions are non-recourse civil litigation funding transactions, that these are not "loans or advances" under the Commissioner's jurisdiction under current Maryland law, but has voluntarily entered into this Settlement Agreement and also desires to avoid the cost of a hearing and potential court proceedings resulting from a litigated disposition of these allegations; an4 WHEREAS, Oasis acknowledges that it has voluntarily entered into this Agreement with full-knowledge of its right to a hearing on the allegations set forth herein,. pursuant to FI 2-115(a) and (b), and the Maryland Administrative 2

17 Procedures Act (Md. Code Ann., State Gov't Article et seq.), and hereby waives its right to a hearing, and Oasis further acknowledges that it had an opportunity to consult with independent counsel in connection with its waiver of rights and negotiation and execution of this Agreement and has, in fact, consulted with its own counsel; and NOW, THEREFORE, in consideration of the mutual promises contained herein, it is by the Maryland Commissioner of Financial Regulation, on the day and year first above written, hereby ORDERED that: 1. The Recitals set forth above are and shall form a part of this Agreement. 2. The Commissioner hereby vacates the Summary Cease and Desist Order issued to Oasis on March 9, 2009, and will withdraw the currently scheduled hearing from the Office of Administrative Hearings docket. 3. The Commissioner agrees that she will not bring an enforcement action of any kind, civil or administrative, against Oasis or against its officers, Board of Managers, employees, or investors, for any conduct related to the investigation referred to in the Summary Order to Cease and Desist issued to Oasis on March 9, Oasis acknowledges that, as of the date it received the Summary Order to Cease and Desist, it has not engaged in any new transactions of the type described in the Summary Order to Cease and Desist, and it agrees that it will not 3

18 do business in Maryland as long as the current law is in effect in Maryland (or unless it chooses to get licensed as the Commissioner currently alleges that it must do). 5. Oasis will pay a settlement amount of $105, in full and complete satisfaction of all penalties that could have been assessed in connection with the facts and circumstances that were the subject of the investigation and Summary Order to Cease and Desist. 6. Oasis acknowledges that, in the event it violates any provision of this Agreement, the Maryland Consumer Loan Law, or any other State laws or regulations applicable to lending in Maryland, the Commissioner may, at the Commissioner's discretion, take such enforcement actions as are permitted by, and are in accordance with, applicable law. 7. The Commissioner will permit Oasis to conclude all pending transactions with Maryland consumers [which Oasis characterizes as non-recourse civil litigation funding transactions], including those currently in escrow, by collecting the funded amount plus a rate of return not to exceed the rates set forth in CL As defined herein, "Maryland consumers" and "do business in Maryland" shall refer to transactions involving Maryland residents only. 8. This Agreement constitutes the complete resolution of a disputed matter and does not constitute nor shall it be deemed an admission by Oasis, or by its officers, Board of Managers, employees, or investors, of liability or a violation, 4

19 willful or otherwise, of Maryland law. 9. Oasis acknowledges that this Agreement is considered a Final Order of the Commissioner for the purposes of any future action by the Commissioner under the appropriate regulatory laws of the State of Maryland. IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written. COMMISSIONER OF FINANCIAL REGULATION OASIS LEGAL FINANCE, LLC Mark Kaufman Deputy Commissioner Gary D Chodes Chief Executive Officer, Oasis Legal Finance, LLC 5

20 ADDENDUM EXHIBIT 4

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