Supreme Court of Arkansas

Cach, LLC, and Square Two Financial Corporation Appellants v. William Echols, Appellee

December 8, 20162016 Ark. LEXIS 372

Summary

The court affirmed an interlocutory order certifying a class of Arkansas residents subjected to CACH's debt-collection activities while CACH was allegedly unlicensed. It held that the circuit court did not abuse its discretion in finding adequacy, typicality, commonality, predominance, and superiority, and declined to consider retroactive licensing as a merits-based mootness defense at the certification stage. The court did not reach the standing argument against SquareTwo because appellants failed to obtain a ruling below.