Luebbers v. Money Store, Inc.

ANNABELLE Clinton Imber, Justice.

Crystal Luebbers appeals from a summary-judgment order in favor of Appellees Money Store, Inc., Robert Kinder and Barbara Kinder, and The Connecticut Surety Company. In her appeal, she asserts that the circuit court erroneously upheld the constitutionality of section 4(b) of Act 1216 of 1999, the “Check-Casher’s Act” (“the Act”), codified at Ark. Code Ann. § 23-52-104(b) (Repl. 2000). We agree with appellant’s contention and hold that section 23-52-104(b) is an invalid attempt to evade the usury provisions of the Arkansas Constitution and, further, that such…