Cite as 2014 Ark. 363
SUPREME COURT OF ARKANSAS
No. CV-14-45
| PATTY SIMPSON
PETITIONER
V. CAVALRY SPV I, LLC, ASSIGNEE OF HSBC BANK NEVADA, N.A./ORCHARD BANK
RESPONDENT
|
Opinion Delivered: September 11, 2014
CERTIFIED QUESTIONS FROM UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, NORTHERN DIVISION [NO. 1:13-cv-00093-JLH] HONORABLE J. LEON HOLMES, JUDGE CERTIFIED QUESTIONS ANSWERED. |
CLIFF HOOFMAN, Associate Justice
This case involves two questions of Arkansas law certified to this court by the United States District Court for the Eastern District of Arkansas in accordance with Arkansas Supreme Court Rule 6-8 (2013). On January 23, 2014, this court accepted the certified questions in Simpson v. Cavalry, 2014 Ark. 33, 431 S.W.3d 291. The certified questions are as follows:
- Whether an entity that purchases delinquent accounts and then retains a licensed Arkansas lawyer to collect on the delinquent accounts and file lawsuits on its behalf in Arkansas is "attempt[ing] to collect," thus meeting the definition of "collection agency," pursuant to Arkansas Code Annotated section 17-24-101?
- Whether an entity that purchases delinquent accounts and files lawsuits on its behalf in Arkansas is "attempt[ing] to collect" and, thus, is required to be licensed by the Arkansas State Board of Collection Agencies pursuant to Arkansas Code Annotated section 17-24-301(4)?
