Ballard v. Garrett

Ray Thornton, Justice.

This appeal stems from a class action usury suit that was filed by appellee, Phyllis Garrett, against appellee, Advance America Cash Advance Centers of Arkansas, Inc. [Advance America], on October 12, 1999.1 On April 9, 2001, a conditional settlement class was certified. On May 2, 2001, a proposed settlement agreement was prefiminarily approved, and notice was given to class members. The class included approximately 19,000 people. Notice was sent to the potential class members on May 22, 2001, and May 23, 2001. The notice informed the members that a fairness hearing…