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ADVANCE AMERICA SERVICING v. McGINNIS

No. 08-492.

289 S.W.3d 37 (2008)

ADVANCE AMERICA SERVICING OF ARKANSAS, INC., d/b/a Advance America Cash Advance; Advance America, Cash Advance Centers of Arkansas, Inc.; and Advance America, Cash Advance Centers, Inc., Appellants, v. Brenda McGINNIS, Individually and o/b/o a Class of Similarly Situated Persons, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 11, 2008.

Attorney(s) appearing for the Case

Wright, Lindsey & Jennings, by Claire Shows Hancock and Gary D. Marts, Jr., Little Rock; Sutherland Asbill & Brennan, by Lewis S. Wiener, Phillip E. Stano, and Brendan Ballard, Washington, DC, for appellants.

Arnold, Batson Turner & Turner, by Todd Turner and Dan Turner, Arkadelphia; Scholtens & Averitt, by Chris Averitt and Jay Scholtens, Jonesboro, for appellee.

DONALD L. CORBIN, Justice.

Appellants, Advance America Servicing of Arkansas, Inc., d/b/a Advance America Cash Advance; Advance America, Cash Advance Centers of Arkansas, Inc.; and Advance America, Cash Advance Centers, Inc., appeal from the order of the Clark County Circuit Court denying their motion to compel arbitration of a putative class-action complaint for alleged violations of Arkansas's Constitution and laws prohibiting usurious interest and deceptive trade...

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