Simpson v. Calvary SPV I, LLC

Summary

The Arkansas Supreme Court accepted certified questions from the United States District Court for the Eastern District of Arkansas concerning whether an entity that purchases delinquent accounts and uses an Arkansas lawyer to collect them is a collection agency under Arkansas law and must be licensed. The per curiam order establishes briefing, potential oral-argument, amicus, and addendum requirements for the certified-question proceeding.

Holdings

1. The court accepted certification of the two questions of Arkansas law because the questions could be determinative of the pending federal cause and there was no controlling precedent in Arkansas Supreme Court decisions.

Questions Presented

1. Whether the Arkansas Supreme Court should accept certification of two questions of Arkansas law from the United States District Court for the Eastern District of Arkansas.
2. Whether an entity that purchases delinquent accounts and retains a licensed Arkansas lawyer to collect the accounts and file lawsuits is attempting to collect under Arkansas Code Annotated section 17-24-1101 and therefore meets the statutory definition of collection agency.
3. Whether such an entity is attempting to collect and is therefore required to be licensed under Arkansas Code Annotated section 17-24-301(4).

Disposition

cert_granted