Rivera-Ceren v. Presidential Limousine & Auto Sales, Inc. (Majority, with Dissenting)
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The Supreme Court reversed the judgment of the circuit court denying Plaintiff's motion for class-action certification in her suit against Defendant, a car dealership, holding that the circuit court abused its discretion in denying the motion.
Plaintiff filed a class action complaint against Defendant alleging that the "mandatory notice of private or public sale" sent by Defendant repossessing Plaintiff's vehicle and informing her that the vehicle would be sold at a public sale failed to comply with the Uniform Commercial Code and Arkansas law and that the accrued interest rate was unlawful. The circuit court denied Plaintiff's motion for class certification without holding a hearing. The Supreme Court reversed, holding that the circuit court abused its discretion in refusing to certify the class based on the record before it.
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