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HARPER v. JACKSON HEWITT, INC.

No. 35295.

706 S.E.2d 63 (2010)

Christian and Elizabeth HARPER, on their own Behalf and on Behalf of those Similarly Situated, Plaintiffs, v. JACKSON HEWITT, INC., Defendant.

Supreme Court of Appeals of West Virginia.

Decided November 23, 2010.

Attorney(s) appearing for the Case

John W. Barrett, Esq. , Brian A. Glasser, Esq. , Jonathan R. Marshall, Esq. , Bailey & Glasser, Charleston, WV, for Plaintiffs.

Charles L. Woody, Esq. , Spilman, Thomas & Battle, Charleston, WV, for Defendant.

Lonnie Simmons, Esq. , DiTrapano, Barrett & DiPiero, Charleston, WV, for Amici Curiae, AARP, et al.

BENJAMIN, Justice:

This matter is before the Court upon a September 29, 2009, order of the United States District Court for the Southern District of West Virginia, Huntington Division, which certified the four following questions:

1. "Does a tax preparer who receives compensation, either directly from the borrower or in the form of payments from the lending bank, for helping a borrower obtain a refund anticipation loan meet the statutory definition of a credit...

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