Cite as 2014 Ark. 363
Cnty. v. Ark. Democrat–Gazette, Inc., 370 Ark. 435, 260 S.W.3d 718 (2007). When a statute is ambiguous, this court must interpret it according to legislative intent and our review becomes an examination of the whole act. Helena–W. Helena Sch. Dist. v. Fluker, 371 Ark. 574, 580, 268 S.W.3d 879, 884 (2007). In reviewing the act in its entirety, this court will reconcile provisions to make them consistent, harmonious, and sensible in an effort to give effect to every part. Williams v. Little Rock Sch. Dist., 347 Ark. 637, 66 S.W.3d 590 (2002). In addition, this court must look at the legislative history, the language, and the subject matter involved. Id. However, when a statute is clear, it is given its plain meaning and this court will not search for legislative intent. Cave City Nursing Home, Inc. v. Ark. Dep't of Human Servs., 351 Ark. 13, 89 S.W.3d 884 (2002). This court is very hesitant to interpret a legislative act in a manner that is contrary to its express language, unless it is clear that a drafting error or omission has circumvented legislative intent. Id.
In addressing the first certified question, Simpson contends that Cavalry meets the definition of a collection agency under Ark. Code Ann. § 17-24-101 (Repl. 2010) "because it attempts to collect delinquent accounts that it purchases from other persons."[1] Arkansas
- ↑ Additionally, Petitioner alleges that this court should by comparison interpret "collection agency" to mean "debt collector" as provided in Ark. Code Ann. § 17-24-502(5) (Repl. 2010) because the language used is similar. Arkansas Code Annotated § 17-24-502(5) provides,
However, because we find that the language in Ark. Code Ann. § 17-24-101 is clear and unambiguous, this comparison is unnecessary.(5)(A) "Debt collector" means a person who uses an instrumentality of interstacteommerce or the mails in a business whose principal purpose is the collection of debts or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.
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