Consumer Credit Regulation: 7.7.1.1 Requirement of Standing
Noting that usury statutes are designed to protect needy borrowers rather than to penalize lenders, courts have widely viewed usury as a claim that is personal to the borrower.400 This rule is frequently raised by creditors as a defense in usury actions where the party seeking to assert usury is not the same party who received the credit proceeds. The issue is often framed as one of standing to assert usury. Standing is a question of law for the court.401