Arkansas State Court Class Action Complaint

CLASS ACTION COMPLAINT (ARKANSAS STATE COURT)

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS

[________________________________] DIVISION

Case No.: [________________________________]

Judge: [________________________________]

CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff [________________________________] ("Plaintiff"), individually and on behalf of all others similarly situated, by and through undersigned counsel, brings this Class Action Complaint against Defendant [________________________________] ("Defendant"), and alleges upon personal knowledge as to matters concerning Plaintiff and upon information and belief as to all other matters, as follows:

I. NATURE OF THE ACTION

1. This is a class action brought under Ark. R. Civ. P. 23 on behalf of a class of Arkansas consumers/persons who [________________________________] [describe class and common grievance].

2. Defendant engaged in [________________________________] [describe unlawful conduct], which caused common and uniform injury to Plaintiff and all members of the proposed Class.

3. Plaintiff seeks compensatory damages, restitution and disgorgement, declaratory and injunctive relief, pre- and post-judgment interest, attorneys' fees and costs where authorized, and such further relief as the Court deems just and proper.

II. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction over this action because the Circuit Courts of Arkansas are courts of general jurisdiction with original jurisdiction over all justiciable matters not otherwise assigned. Ark. Const. amend. 80, § 6(A); Ark. Code Ann. § 16-13-201.

5. This Court has personal jurisdiction over Defendant because (check all that apply):

☐ Defendant is incorporated, organized, or maintains its principal place of business in the State of Arkansas;
☐ Defendant transacts business in Arkansas within the meaning of Ark. Code Ann. § 16-4-101;
☐ Defendant has minimum contacts with Arkansas sufficient to satisfy due process under the Fourteenth Amendment;
☐ Defendant purposefully directed conduct toward Arkansas residents that gives rise to the claims herein;
☐ Other: [________________________________].

6. Venue is proper in this County pursuant to Ark. Code Ann. § 16-60-101 et seq. because (check all that apply):

☐ Defendant resides or has its principal place of business in this County;
☐ A substantial part of the events or omissions giving rise to the claims occurred in this County;
☐ Plaintiff resides in this County and the cause of action arose here (Ark. Code Ann. § 16-60-112);
☐ Defendant maintains an office or agent for transaction of business in this County;
☐ Other: [________________________________].

III. PARTIES

A. Plaintiff

7. Plaintiff [________________________________] is a natural person residing in [City], [County] County, Arkansas.

8. At all relevant times, Plaintiff [________________________________] [describe Plaintiff's connection: purchased Defendant's product, paid for Defendant's services, was charged the disputed fee, etc.].

B. Defendant

9. Defendant [________________________________] is a [corporation/LLC/partnership] organized under the laws of [State], with its principal place of business at [________________________________]. Defendant is registered to do business in Arkansas and maintains a registered agent for service of process at [________________________________].

10. At all relevant times, Defendant [________________________________] [describe Defendant's business activities and how they affected Arkansas consumers / the Class].

IV. FACTUAL ALLEGATIONS

A. Background

11. [________________________________] [describe industry, product, service, or scheme].

12. [________________________________] [describe Defendant's standardized practice or representation].

13. [________________________________] [describe how the practice was uniform across the Class].

B. Defendant's Course of Conduct

14. Beginning on or about [__/__/____], and continuing through the present, Defendant uniformly [________________________________].

15. Defendant's conduct was directed at Arkansas consumers/persons through [________________________________] [marketing channels, form contracts, billing practices, etc.].

16. Defendant's [________________________________] [representations/omissions/charges] were materially [false/misleading/unauthorized] in that [________________________________].

C. Plaintiff's Experience

17. On or about [__/__/____], Plaintiff [________________________________] in [County] County, Arkansas.

18. In connection with that transaction, Defendant [________________________________].

19. As a direct and proximate result of Defendant's conduct, Plaintiff suffered actual economic damages in the amount of approximately $[________], plus consequential damages, and is entitled to such further relief as alleged below.

D. Common Harm to Class Members

20. Plaintiff and all members of the proposed Class were harmed by Defendant's same standardized conduct in the same manner, differing only in the amount of monetary loss.

21. Defendant's records, including [________________________________] [transaction databases, billing records, customer files], permit the identification of Class members and the calculation of individual damages on a class-wide basis.

V. CLASS ACTION ALLEGATIONS

22. Plaintiff brings this action on behalf of himself/herself and all others similarly situated pursuant to Ark. R. Civ. P. 23.

A. Class Definition

23. The proposed Class is defined as:

All persons in the State of Arkansas who [________________________________] during the period from [__/__/____] to the present (the "Class Period").

24. Excluded from the Class are:
    - Defendant, its parents, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns;
    - The judicial officers presiding over this action, members of their judicial staff, and members of their immediate families;
    - All persons who timely and properly exclude themselves from the Class; and
    - [________________________________].

25. Plaintiff reserves the right to modify, amend, or refine the Class definition based on information developed in discovery and on the issues identified by the Court at certification.

B. The Six-Factor Rigorous-Analysis Inquiry

1. Numerosity — Ark. R. Civ. P. 23(a)(1)

26. The Class is so numerous that joinder of all members is impracticable. Plaintiff alleges on information and belief that the Class consists of at least [________] persons.

27. The identities of Class members can be ascertained through Defendant's books and records.

2. Commonality — Ark. R. Civ. P. 23(a)(2)

28. There are questions of law and fact common to the Class, including without limitation:

a. Whether Defendant engaged in the conduct alleged herein;

b. Whether Defendant's conduct breached the parties' contracts and/or warranties;

c. Whether Defendant's representations and/or omissions were material;

d. Whether Defendant knowingly or recklessly misrepresented or concealed material facts from the Class;

e. Whether Defendant was unjustly enriched by retaining benefits from the Class;

f. Whether Plaintiff and the Class are entitled to compensatory, restitutionary, and/or punitive damages;

g. Whether Plaintiff and the Class are entitled to declaratory or injunctive relief;

h. The appropriate measure of damages and the method by which damages may be calculated on a class-wide basis.

3. Typicality — Ark. R. Civ. P. 23(a)(3)

29. Plaintiff's claims are typical of the claims of the Class because Plaintiff and each Class member were injured by the same standardized course of conduct by Defendant. Plaintiff and the Class share the same legal theories, and Plaintiff is not subject to any unique defenses. See Williamson v. Sanofi Winthrop Pharmaceuticals, Inc., 347 Ark. 89 (2001).

4. Adequacy — Ark. R. Civ. P. 23(a)(4)

30. Plaintiff will fairly and adequately protect the interests of the Class. Plaintiff has no interests antagonistic to or in conflict with the Class, and has retained counsel competent and experienced in complex class action litigation, including Arkansas class action practice.

5. Predominance — Ark. R. Civ. P. 23(b)

31. Questions of law and fact common to the Class predominate over questions affecting only individual members. The central liability questions turn on Defendant's uniform conduct, not on any individualized inquiry. See General Motors Corp. v. Bryant, 374 Ark. 38 (2008).

6. Superiority — Ark. R. Civ. P. 23(b)

32. A class action is superior to other available methods for the fair and efficient adjudication of this controversy because:

a. Class members' individual damages are modest relative to the burden and expense of individual litigation, making individual prosecution economically impractical;

b. Class adjudication will conserve judicial resources and avoid the risk of inconsistent adjudications;

c. Defendant has acted on grounds generally applicable to the Class; and

d. Management of this case as a class action presents no unusual difficulties. See Carquest of Hot Springs, Inc. v. General Parts, Inc., 367 Ark. 218 (2006).

C. Bifurcation / Issue Class

33. To the extent any individualized issues exist, the Court may bifurcate liability from damages or otherwise structure proceedings under Ark. R. Civ. P. 23(d) to manage class adjudication efficiently.

VI. CLAIMS FOR RELIEF

COUNT I — Common Law Fraud / Fraudulent Misrepresentation

(On Behalf of Plaintiff and the Class)

34. Plaintiff incorporates by reference all preceding paragraphs.

35. Defendant made material misrepresentations and/or omissions concerning [________________________________].

36. Defendant knew the representations were false or made them with reckless disregard for their truth.

37. Defendant intended that Plaintiff and the Class rely on the representations.

38. Plaintiff and the Class justifiably relied on the representations to their detriment.

39. Plaintiff and the Class suffered damages in an amount to be proven at trial.

COUNT II — Fraudulent Concealment

(On Behalf of Plaintiff and the Class)

40. Plaintiff incorporates by reference all preceding paragraphs.

41. Defendant had a duty to disclose material facts to Plaintiff and the Class arising from [________________________________] [special relationship; superior knowledge; affirmative partial representation].

42. Defendant intentionally concealed or suppressed those material facts with the intent that Plaintiff and the Class act in ignorance of them.

43. Plaintiff and the Class did not know and could not reasonably have known the concealed facts.

44. Plaintiff and the Class suffered damages as a result.

COUNT III — Breach of Contract

(On Behalf of Plaintiff and the Class)

45. Plaintiff incorporates by reference all preceding paragraphs.

46. Plaintiff and each Class member entered into a contract with Defendant on substantially uniform terms.

47. Defendant breached the contract by [________________________________].

48. Plaintiff and the Class performed all obligations under the contract, or any nonperformance was excused.

49. Plaintiff and the Class suffered damages proximately caused by the breach in an amount to be proven at trial.

COUNT IV — Breach of Express and/or Implied Warranties

(On Behalf of Plaintiff and the Class) [as applicable]

50. Plaintiff incorporates by reference all preceding paragraphs.

51. Defendant expressly warranted [________________________________] under Ark. Code Ann. § 4-2-313, and impliedly warranted merchantability and fitness for particular purpose under Ark. Code Ann. §§ 4-2-314 and 4-2-315.

52. Defendant breached those warranties by [________________________________].

53. Plaintiff and the Class suffered damages as a direct and proximate result of the breach.

COUNT V — Unjust Enrichment / Restitution

(On Behalf of Plaintiff and the Class) (Pleaded in the Alternative)

54. Plaintiff incorporates by reference all preceding paragraphs.

55. Plaintiff and the Class conferred a benefit upon Defendant in the form of [________________________________].

56. Defendant knew of and accepted the benefit.

57. It would be inequitable to permit Defendant to retain the benefit without payment of its value to Plaintiff and the Class.

58. Plaintiff and the Class are entitled to restitution and disgorgement of all monies Defendant obtained as a result of its conduct.

COUNT VI — Declaratory and Injunctive Relief

(On Behalf of Plaintiff and the Class)

59. Plaintiff incorporates by reference all preceding paragraphs.

60. A justiciable controversy exists concerning the legality of Defendant's conduct.

61. Plaintiff and the Class are entitled to a judicial declaration under Ark. Code Ann. § 16-111-101 et seq. (Declaratory Judgments Act) that Defendant's conduct is unlawful and to injunctive relief enjoining further unlawful conduct.

COUNT VII — Individual Claim of Named Plaintiff Under the Arkansas Deceptive Trade Practices Act, Ark. Code Ann. § 4-88-101 et seq.

(On Behalf of Named Plaintiff Only — NOT on Behalf of the Class)

62. Plaintiff incorporates by reference all preceding paragraphs.

63. Defendant committed unlawful, deceptive, and/or unconscionable trade practices in violation of Ark. Code Ann. §§ 4-88-107 and 4-88-108.

64. Plaintiff, individually, suffered an actual financial loss as defined by Ark. Code Ann. § 4-88-102(9) (the difference between the amount paid and the actual market value of the goods or services provided), proximately caused by Plaintiff's reliance on Defendant's unlawful practice. Ark. Code Ann. § 4-88-113(f)(1)(A).

65. Plaintiff individually seeks recovery of his/her actual financial loss and reasonable attorney's fees under Ark. Code Ann. § 4-88-113(f)(3).

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff, on behalf of himself/herself and the Class, respectfully requests that this Court enter judgment in favor of Plaintiff and the Class and against Defendant as follows:

A. Certifying this action as a class action under Ark. R. Civ. P. 23; appointing Plaintiff as Class Representative; and appointing the undersigned as Class Counsel;

B. Awarding compensatory damages in an amount to be proven at trial;

C. Awarding restitution and disgorgement of all monies Defendant obtained through the unlawful conduct;

D. Awarding punitive damages where warranted under Arkansas common law;

E. Granting a declaratory judgment that Defendant's conduct violates Arkansas law;

F. Granting permanent injunctive relief restraining Defendant from continuing the unlawful conduct;

G. Awarding pre-judgment and post-judgment interest at the maximum rate allowed by law;

H. Awarding reasonable attorneys' fees, expert fees, expenses, and costs where authorized by contract, statute, or the common-fund doctrine; and

I. Granting such other and further relief as the Court deems just and equitable.

VIII. DEMAND FOR JURY TRIAL

Plaintiff, on behalf of himself/herself and the Class, hereby demands a trial by jury on all issues so triable, pursuant to Ark. Const. art. 2, § 7 and Ark. R. Civ. P. 38.

DATED: [__/__/____]

Respectfully submitted,

By: [________________________________]
[Attorney Name] (Ark. Bar No. [________])
[Firm Name]
[Address]
[City, Arkansas ZIP]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Counsel for Plaintiff and the Proposed Class

INSTRUCTIONS FOR SERVICE

To the Clerk: Please serve the foregoing Complaint and Summons upon Defendant pursuant to Ark. R. Civ. P. 4 at the address listed in the caption above, or upon Defendant's registered agent at:

[________________________________]
[________________________________]
[________________________________]

ARKANSAS-SPECIFIC PRACTICE NOTES

1. ADTPA Class Action Bar — Ark. Code Ann. § 4-88-113(f)(1)(B). Act 986 of 2017 amended the ADTPA's private right of action to prohibit class actions ("A private class action under this subsection is prohibited unless the claim is being asserted for a violation of Arkansas Constitution, Amendment 89."). The Arkansas Supreme Court enforced this bar in Parnell v. FanDuel, Inc., 2019 Ark. 412. The 2017 amendment also (i) replaced the prior "actual damage or injury" standard with "actual financial loss," defined as the difference between the amount paid and actual market value of goods/services received (Ark. Code Ann. § 4-88-102(9)); (ii) requires individualized proof of reliance (§ 4-88-113(f)(2)); and (iii) added a right to jury trial (§ 4-88-116). Counsel must NOT plead class-wide ADTPA claims (except for Amendment 89 usury claims). Class-wide consumer protection theories must rest on common-law fraud, breach of contract, breach of warranty, or unjust enrichment.

2. Mandatory Interlocutory Appeal — Ark. R. App. P.-Civ. 2(a)(9). Unlike federal practice under FRCP 23(f) (discretionary review), Arkansas provides an immediate appeal AS OF RIGHT from any order granting or denying class certification. See FirstPlus Home Loan Owner 1997 v. Bryant, 372 Ark. 466 (2008). The 30-day appellate clock runs from entry of the certification order. Counsel must be prepared for immediate appellate proceedings and possible stay motions upon a favorable certification decision.

3. Single Six-Factor Inquiry. Arkansas does NOT bifurcate the FRCP 23(a) prerequisites from the 23(b)(3) predominance/superiority inquiry. The Arkansas Supreme Court applies a single rigorous-analysis review of six factors: (1) numerosity; (2) commonality; (3) typicality; (4) adequacy; (5) predominance; (6) superiority. See Asbury Auto. Group, Inc. v. Palasack, 366 Ark. 601 (2006); Carquest of Hot Springs, Inc. v. General Parts, Inc., 367 Ark. 218 (2006). The complaint should address each factor.

4. Courts of General Jurisdiction. Following Amendment 80 (effective 2001), Arkansas Circuit Courts have plenary jurisdiction (the former Chancery, Probate, and County jurisdiction was merged into the Circuit Courts). There is no chancery/law distinction relevant to class action filings.

5. Service of Process. Ark. R. Civ. P. 4 governs service. For corporate defendants, service may be made on the registered agent of record with the Arkansas Secretary of State. Defendants not authorized to do business in Arkansas may be served under the long-arm statute, Ark. Code Ann. § 16-4-101.

6. CAFA Removal Risk. Class actions filed in Arkansas state court are subject to removal under the federal Class Action Fairness Act, 28 U.S.C. § 1332(d), where the matter in controversy exceeds $5 million in the aggregate, minimal diversity exists, and at least 100 putative class members are involved. Counsel should consider strategic pleading to support state-court retention (e.g., narrow class definition or two-thirds-Arkansas-resident concentration triggering the home-state or local-controversy exceptions).

VERIFICATION (OPTIONAL — required only where specifically authorized by statute or rule)

I, [________________________________], am the Plaintiff in the above-captioned action. I have read the foregoing Class Action Complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated upon information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of Arkansas that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], Arkansas.

[________________________________]
Plaintiff Signature

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing CLASS ACTION COMPLAINT was filed and served via:

☐ Court electronic filing system (eFlex)
☐ Certified U.S. Mail, return receipt requested
☐ Personal service
☐ Commercial carrier service
☐ Hand delivery

upon all parties of record and/or upon the following:

[________________________________]
[________________________________]
[________________________________]

[________________________________]
Signature

SOURCES AND REFERENCES

• Ark. R. Civ. P. 23 (Class Actions): https://opd.arcourts.gov/forms-and-publications/rules
• Ark. R. App. P.-Civ. 2(a)(9) (interlocutory appeal of class certification)
• Ark. Code Ann. § 4-88-113 (ADTPA civil enforcement and remedies): https://law.justia.com/codes/arkansas/title-4/subtitle-7/chapter-88/subchapter-1/section-4-88-113/
• Ark. Code Ann. § 4-88-102(9) (definition of "actual financial loss")
• Act 986 of 2017 (HB 1742, amending ADTPA): https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FBills%2F2017R%2FPublic%2FHB1742.pdf
• Carquest of Hot Springs, Inc. v. General Parts, Inc., 367 Ark. 218 (2006)
• General Motors Corp. v. Bryant, 374 Ark. 38 (2008)
• Williamson v. Sanofi Winthrop Pharmaceuticals, Inc., 347 Ark. 89 (2001)
• Asbury Auto. Group, Inc. v. Palasack, 366 Ark. 601 (2006)
• FirstPlus Home Loan Owner 1997 v. Bryant, 372 Ark. 466 (2008)
• Parnell v. FanDuel, Inc., 2019 Ark. 412
• Margaret E. Rushing, Deceptively Simple: the Arkansas Deceptive Trade Practices Act, 71 Ark. L. Rev. 1031 (2018)

This template is for informational purposes only and does not constitute legal advice. Arkansas class action complaints require specialized expertise and should be prepared with the assistance of experienced Arkansas class action counsel.