In a significant development for consumer protection, Corey D. McGaha PLLC recently obtained class certification on behalf of Jennifer Rivera-Ceren and similarly situated individuals in a case against Presidential Limousine and Auto Sales, Inc. The  Circuit Court of Garland County, Arkansas, granted the class certification, allowing numerous affected individuals to unite under a single legal action to pursue claims against the defendant.

Case Background

This class action lawsuit centers on the allegations that Presidential Limousine and Auto Sales, Inc. violated Arkansas’s Uniform Commercial Code (UCC) and the Arkansas Deceptive Trade Practices Act. At issue are claims that the defendant repossessed vehicles from consumers without providing proper notices, specifically omitting crucial information regarding consumers’ rights to an accounting of their remaining debt.

Court Findings

The Court’s order follows a previous decision from the Arkansas Supreme Court, which reversed an initial denial of class certification. The Supreme Court ruled that the lower court had erred in its earlier findings related to numerosity, commonality, and typicality—the three pillars that support class certification. After reviewing the renewed motion, the Circuit Court ruled in favor of the plaintiffs, certifying the class and stating that class action was the superior method for resolving the matter. The certified class includes individuals who, within the past five years, had a retail installment contract with Presidential Limousine and Auto Sales, Inc., had personal property repossessed, and received deficient notices from the defendant.

Impact of Class Certification

The certified class status means that all affected individuals will have their voices heard collectively. Corey D. McGaha PLLC and Todd M. Turner of Turner and Turner, P.A., will represent the interests of the entire class, ensuring that each member has fair representation.

What This Means for Consumers

This class certification is a significant step forward for consumer rights in Arkansas, reinforcing that companies must adhere to legal standards when repossessing property and notifying consumers. It signals a strong message to businesses that they must be transparent, fair, and law-abiding in their dealings with customers.

For anyone who believes they might be a part of this class, we encourage you to reach out to Corey D. McGaha PLLC to learn more about your rights and options under this case.