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Arkansas Court of Appeals

Case Status

Decided

Docket Number

08-934

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Case Updates

Outcome

May 07, 2009

The Court of Appeals of Arkansas ordered the lower court to decertify the proposed class.

U.S. Chamber files amicus brief alleging "unauthorized practice of law" class action

October 17, 2008

NCLC urged the Court of Appeals of Arkansas to decertify a proposed class action alleging that the defendant had engaged in the ‘unauthorized practice of law’ by having its claims representa-tives fill out form releases and other routine documents. NCLC argued that filling in blanks on standardized forms does not constitute the practice of law, and that the class claimants do not have any material issues in common to justify class certification. NCLC warned that permitting class certification based on common business practices threaten all kinds of ordinary business activities. Businesses would be forced to assume higher transaction costs and would pass those costs on to the consumer in the form of higher prices for goods and services.

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