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Simpson v. Cavalry SPV I, LLC

Supreme Court of Arkansas

September 11, 2014

PATTY SIMPSON, PETITIONER
v.
CAVALRY SPV I, LLC, ASSIGNEE OF HSBC BANK NEVADA, N.A./ORCHARD BANK, RESPONDENT

NO. 1:13-cv-00093-JLH. HONORABLE J. LEON HOLMES, JUDGE.

Arnold, Batson, Turner & Turner, P.A., by: Todd Martin Turner and Daniel Odell Turner; J.R. Andrews; and The Cruz Law Firm, PLC, by: Kathy Cruz, for petitioner.

Waddell, Cole & Jones, PLLC, by: Kevin W. Cole and Justin E. Parkey; and Burr & Forman LLP, by: R. Frank Springfield, Zachary D. Miller, and Megan P. Stephens, for respondent.

Watts, Donovan & Tilley, P.A., by: David M. Donovan, for amici curiae Arkansas Creditors Bar Association.

OPINION

Page 336

CERTIFIED QUESTIONS FROM UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS, NORTHERN DIVISION

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 SPV I, LLC, 2014 Ark. 33, 431 S.W.3d 291. The certified questions are as follows:

1. 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?
2. 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)?

We answer both certified questions in the affirmative.

In the Eastern District's certification order, the court outlined the following pertinent facts:

Patty E. Simpson obtained a credit card from HSBC Bank ...

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