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KING v. AMERICAN GENERAL FINANCE, INC.

No. 26710.

386 S.C. 82 (2009)

687 S.E.2d 321

Lois KING and Deloris Sims, on behalf of themselves and all others similarly situated, Appellants, v. AMERICAN GENERAL FINANCE, INC., Respondent.

Supreme Court of South Carolina.

Re-filed December 21, 2009.

Rehearing Denied December 21, 2009.

Attorney(s) appearing for the Case

C. Bradley Hutto, of Williams & Williams, of Orangeburg, Charles L. Dibble, of Dibble Law Offices, of Columbia, Daniel W. Williams, of Bedingfield & Williams, of Barnwell, Steven W. Hamm, C. Jo Anne Wessinger-Hill, and Jocelyn T. Newman, all of Richardson, Plowden & Robinson, of Columbia, T. Alexander Beard, of Beard Law Offices, of Mt. Pleasant, Thomas M. Fryar, of Columbia, for Appellants.

James Y. Becker and Sarah P. Spruill, both of Haynsworth, Sinkler Boyd, of Columbia, T. Thomas Cottingham, III and Sarah B. Kemble, of Hunton & Williams, of Charlotte, for Respondent.

Justice KITTREDGE.

In this case, Lois King and Deloris Sims, on behalf of themselves and those similarly situated, brought an action against American General Finance alleging the loan company violated the attorney preference statute by failing to timely ascertain the borrower's preference for legal counsel. S.C.Code Ann. § 37-10-102 (1989 & Supp. 1995). The class was certified, and subsequently decertified by a different trial court. The individual actions...

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