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First Capital Bank Charged Oklahoma Farmers Exurbanite Rates for Farm Loans

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Case ID: 3798 | Credit / Debt | 10/19/2004

A class action has been filed against First Capital Bank, an Oklahoma bank, by farmers who entered into loans with them and were charged high rates of interest. The loans were guaranteed by the Farm Service Agency (FSA) and subject to strict rules and regulations that were not followed. The class members also allege that the Bank used loan monies for their own purposes. Members seek compensation for interest paid, exemplary and punitive damages, and costs and attorney fees.

Specifically, the class members allege:

• Usury (charging unlawful rates of interest). First Capital Bank charged the farmers interest rates that were sometimes four (4) percentage points higher than rates given to other customers.
• Conversion (wrongfully using another’s property), fraud, and fraud in the misappropriation of funds held in trust. The farmers allege that First Capital Bank used the money for its own purposes.
• Breach of fiduciary duty and breach of third party beneficiary contract. The farmers allege that First Capital Bank did not follow the rules and regulations of the FSA, the Guaranteed Loan Program, or the contract.
• Charging excessive fees. The farmers allege that the Bank charged them additional monies that were allegedly unlawful, unconscionable, and disproportionate to the Bank’s other loan programs.
• Deceit


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