LINCOLN- The Nebraska Supreme Court has cleared the way for Nebraska voters to decide if payday lenders should have caps on interest and fees they can charge to customers. On Thursday the court affirmed an earlier decision by Lancaster District court which ruled the language used as "sufficient" and "fair" to appear on the ballot.

Trina Thomas of Lincoln had sued the state to stop the measure from appearing in November following its successful signature gathering drive. Thomas said by referring to “payday lenders” instead of “delayed deposit services licensees,” which appears in state statute, voters would be prejudiced to support the initiative capping annual percentage rates at 36% instead of the 400% currently allowed.

“We further agree with the district court that the Attorney General’s decision to use ‘payday lenders’ clarifies the measure, because no evidence was presented that the general public knows the meaning of the term ‘delayed deposit services licensees,’” the court concluded.

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