Consumer Credit Regulation: 7.5.5.1 When Proof of Intent Is Required
Typically, the final element of a usury claim is the usurious intent of the lender. Generally, intent requirements are not expressly stated in usury statutes, but have been inferred by the courts. Some courts have inferred an intent requirement from the existence of a bona fide error defense.338 However, the better view is that the existence of a bona fide error defense shows that intent is not an element that the plaintiff must prove, but is a defense that the lender has the burden of raising and proving.