The Honorable David L. Vincent III Missouri Cases

General Credit Acceptance Company, LLC (GCAC) sought a writ of prohibition to prevent the circuit court from proceeding with a class action after the court certified an overly broad class. The underlying class action, brought by Helena Weatherspoon, alleged GCAC violated statutory notice requirements for repossessed collateral and collected unlawful interest. The Supreme Court of Missouri made the preliminary writ permanent, holding that the circuit court abused its discretion by certifying a class that included numerous claims precluded by prior deficiency judgments or bankruptcy. The Court also found the named plaintiff's claims were not typical of the class.