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State2013 Statute Number 2013 Statute Language

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ArkansasArk. Code Ann. § 4-86-101
Breach of warranty -- Liability.
The lack of privity between plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller of goods to recover damages for breach of warranty, express or implied, or for negligence, although the plaintiff did not purchase the goods from the defendant, if the plaintiff was a person whom the manufacturer or seller might reasonably have expected to use, consume, or be affected by the goods.

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Ark. Code Ann. § 4-86-102
Liability of supplier.


(a) A supplier of a product is subject to liability in damages for harm to a person or to property if:

(1) The supplier is engaged in the business of manufacturing, assembling, selling, leasing, or otherwise distributing the product;

(2) The product was supplied by him or her in a defective condition that rendered it unreasonably dangerous; and

(3) The defective condition was a proximate cause of the harm to a person or to property.

(b) The provisions of subsection (a) of this section apply although the claiming party has not obtained the product from or entered into any contractual relation with the supplier.

(c) (1) Any licensee under § 17-42-103(10) who is only providing brokerage and sales services under his or her license shall not be considered a supplier under this section.

(2) (A) Except as provided in subdivisions (c)(2)(B) and (C) of this section, real estate and improvements located on real estate shall not be considered a product under this section.

(B) Any tangible object or good produced that is affixed to, installed on, or incorporated into real estate or any improvement on real estate shall be considered a product under this section.

(C) If environmental contaminants exist or have occurred in an improvement on real estate, the improvement on real estate shall be considered a product under this section.

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Ark. Code Ann. § 4-86-103
Unsolicited merchandise.
When unsolicited merchandise is delivered in this state to the person for whom it is intended, the person shall have a right to refuse to accept delivery of this merchandise, or may deem the merchandise to be a gift and use it or dispose of it in any manner he or she chooses without obligation to the sender.





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Ark. Code Ann. § 4-86-104
Interest on deposits for freight and parcel delivery services.
(a) Whenever any person, company, or corporation furnishing customers with freight or parcel delivery service shall require a deposit from the customer before the delivery service will be supplied to him or her, the person putting up the deposit shall receive interest annually on the deposit until it is returned to the customer, provided all bills due for services furnished have been paid by the customer.

(b) The annual rate of interest shall be ten percent (10%) per year and shall be paid on or before December 31 of each year.

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Ark. Code Ann. § 4-86-105
Grave markers or headstones.
When any person purchases a grave marker or grave headstone from any seller in this state, the seller shall advise the purchaser that if the deceased is a veteran of the armed forces of the United States, the purchaser may request that the word "VET" be inscribed in the upper left corner of the marker or stone.

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Ark. Code Ann. § 4-86-106
Automatic renewal of professional home security contracts prohibited.
(a) Except as provided in subsection (c) of this section, no professional home security services contract that is entered into after August 1, 2003, shall state that the term of the professional home security services contract will automatically be renewed for any additional period beyond the initial term of the professional home security services contract.

(b) Except as provided in subsection (c) of this section, no professional home security services contract under subsection (a) of this section shall be renewed for any additional period beyond the initial term of the professional home security services contract unless the person receiving the professional home security services affirmatively notifies the person offering the professional home security services that he or she wishes to renew the professional home security services contract.

(c) (1) A provider of professional home security services and a person may enter into a professional home security services contract that has a fixed initial term and successive, automatic monthly renewal terms.

(2) If the professional home security services contract contains a renewal clause as described in subdivision (c)(1) of this section, then:

(A) The professional home security services contract shall conspicuously state that the person receiving the professional home security services has the right without additional cost or penalty to terminate the professional home security services contract at the end of the initial term or the then current renewal; and

(B) The person shall provide the provider of the professional home security services with notice of his or her intent to terminate by written notice at least thirty (30) days before the expiration of the initial term or the then current renewal term.

(d) This section does not affect the initial term of a professional home security services contract under subsection (a) of this section and does not prohibit any person from offering to renew a professional home security services contract under subsection (a) of this section.

(e) If a professional home security services contract under this section is renewed in violation of this section, the person receiving the professional home security services may without additional cost or penalty immediately terminate the professional home security services contract by giving a written termination notice to the provider and shall not be obligated to perform under the professional home security services contract as renewed.

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Ark. Code Ann. § 4-86-107
Prohibiting the misappropriation of social security numbers.

(a) As used in this section:

(1) "Person" means:

(A) An individual;

(B) A corporation;

(C) A partnership;

(D) An organization; or

(E) Any other entity; and

(2) "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.

(b) Except as provided in subsection (c) of this section, a person may not do any of the following:

(1) Publicly post or publicly display in any manner an individual's social security number;

(2) Print an individual's social security number on any card required for the individual to access products or services provided by the person or entity;

(3) Print an individual's social security number:

(A) On a postcard or other mailer not requiring an envelope; or

(B) In a manner in which the social security number is visible on an envelope or without the envelope's being opened; or

(4) Require an individual to transmit his or her social security number over the Internet unless the:

(A) Connection is secure; or

(B) Social security number is encrypted.

(c) This section does not prevent the collection, use, or release of a social security number:

(1) As required or explicitly authorized by federal or state law; or

(2) Pursuant to state or federal court rules.

(d) This section does not apply to an entity providing an electronic communications service to the public that is used by another person to violate this section unless the entity:

(1) Conspires with another person to violate this section; or

(2) Intentionally aids and abets another person in the violation of this section.

(e) This section shall not be asserted as a means to avoid compliance with an otherwise valid request for records pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(f) The Attorney General may:

(1) Bring suit against any person for violating the provisions of this section;

(2) Collect civil penalties of up to two hundred fifty dollars ($250) per violation along with attorney's fees and costs incurred in the investigation and prosecution of the matter; and

(3) Seek appropriate injunctive relief.

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Ark. Code Ann. § 4-86-109
Automatic lease agreement renewal--Notice required.
(a) For purposes of this section, “automatic lease renewal” means a provision in a written lease of personal property that the lease is automatically renewed for an additional term at the end of the initial lease agreement term or at the end of any renewal lease term unless the lessee gives written notice to the lessor not to renew the lease agreement.

(b) Except as provided in subsection (c) of this section, a lessor of personal property under a written lease agreement that contains an automatic lease renewal shall provide to a lessee:

(1) Written notice of the automatic renewal at least thirty (30) days before the date the cancellation of the renewal of the lease agreement is due by the lessee;

(2) The identification of the lessor on communications between the lessee and lessor, including monthly statements;

(3) A copy of the original lease agreement on request; and

(4) The full purchase price, the interest rate for the lease, the monthly payment, and the total payoff amount for the personal property in the written lease agreement.

(c) If the lessor fails to provide the notice and information required under subsection (b) of this section, the automatic lease agreement renewal is voidable at the option of the lessee.

(d) This section does not apply to lease agreements with a term of less than one (1) year.

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Ark. Code Ann. § 4-87-101
Citation.

This chapter shall be known and may be cited as the “Arkansas Equal Consumer Credit Act of 1975”.

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Ark. Code Ann. § 4-87-102
Statute of limitations.
Any action brought under the provisions of this chapter may be brought in any court of competent jurisdiction in this state during a period of one (1) year commencing on the date of occurrence of the violation.

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Ark. Code Ann. § 4-87-103
Class actions prohibited.
No class action may be filed under the provisions of this chapter.

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Ark. Code Ann. § 4-87-104. Discrimination based on sex or marital status unlawful.
It shall be unlawful for any creditor or credit card issuer to discriminate between equally qualified individuals solely on the basis of sex or marital status with respect to the approval or denial of terms of credit in connection with any consumer credit sale whether or not under an open-end credit plan, consumer loan, or any other extension of consumer credit, or with respect to the issuance, renewal, denial, or terms of any credit card.

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Ark. Code Ann. § 4-87-105
Damages.

Any creditor or credit card issuer who discriminates against any individual in a manner prohibited by § 4-87-104 is liable to the individual for damages in an amount equal to the sum of:

(1) In a successful action to enforce the provisions of this chapter, not less than one hundred dollars ($100) nor more than five hundred dollars ($500); and

(2) In the case of any successful action to enforce the foregoing liability, the costs of the action together with a reasonable attorney's fee as determined by the court.

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Ark. Code Ann. § 4-88-101
Application
This chapter does not apply to:

(1) Advertising or practices which are subject to and which comply with any rule, order, or statute administered by the Federal Trade Commission;

(2) Broadcasters, printers, publishers, and other persons engaging in the dissemination of information who do not have actual knowledge of the intent, design, purpose, or deceptive nature of the advertising or practice;

(3) Actions or transactions permitted under laws administered by the Insurance Commissioner, the Securities Commissioner, the State Highway Commission, the Bank Commissioner, or other regulatory body or officer acting under statutory authority of this state or the United States, unless a director of these divisions specifically requests the Attorney General to implement the powers of this chapter; or

(4) Actions or transactions of a public utility which have been authorized by the Arkansas Public Service Commission, a municipal authority, the Federal Energy Regulatory Commission, the Federal Communications Commission, or other regulatory body or officer acting under statutory authority of the United States.

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Ark. Code Ann. § 4-88-102
Definitions
As used in this subchapter:

(1) “Caller identification service” means a service offered by a telecommunications provider that provides caller identification information to a device capable of displaying the information;

(2) “Charitable organization” means any benevolent, philanthropic, patriotic, civic, or eleemosynary person;

(3) “Contribution” means the promise or grant of any money or property of any kind or value;

(4) “Goods” means any tangible property, coupons, or certificates, whether bought or leased;

(5) “Person” means an individual, organization, group, association, partnership, corporation, or any combination of them;

(6) “Promotion” means, for each charitable organization represented, each and every fundraising drive or campaign for which contributions are solicited. Similar or identical promotions on behalf of different charitable organizations constitute separate and distinct promotions;

(7) “Services” means work, labor, or other things purchased that do not have physical characteristics; and

(8) “Solicitation” means each request for a contribution.

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Ark. Code Ann. § 4-88-103
Criminal offense.
Any person who knowingly and willfully commits an unlawful practice under this chapter shall be guilty of a Class A misdemeanor.

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Ark. Code Ann. § 4-88-104
Civil enforcement.
In addition to the criminal penalty imposed hereunder, the Attorney General of this state shall have authority, acting through the Consumer Counsel, to file an action in the court designated in § 4-88-112 for civil enforcement of the provisions of this chapter, including, but not limited to, the seeking of restitution and the seeking of an injunction prohibiting any person from engaging in any deceptive or unlawful practice prohibited by this chapter.

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Ark. Code Ann. § 4-88-105
Consumer Protection Division
(a) There is created within the office of the Attorney General a Consumer Protection Division.

(b) The director of this division shall be known as the Consumer Counsel of Arkansas and shall be appointed by the Attorney General who may also appoint such assistants, investigators, and professional and clerical staff as are necessary for the efficient operation of the division.

(c) The division shall represent and protect the state, its subdivisions, the legitimate business community, and the general public as consumers.

(d) The division shall have the following functions, powers, and duties:

(1) To serve as a central coordinating agency and clearinghouse for receiving complaints of illegal, fraudulent, or deceptive practices;

(2) To assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer public;

(3) To conduct investigations, research, studies, and analyses of matters, to issue reports, and take appropriate action affecting the interests of consumers, which may include the referral of complaints to state and local departments or agencies charged with enforcement of consumer laws, or to private organizations and agencies; however, the division may retain jurisdiction over such matters until resolved;

(4) To promote consumer education and to undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, advertisement, and sale of consumer goods and services, encouraging and supporting activities directed toward these objectives by the Better Business Bureau, consumer organizations, and other associations of like nature;

(5) To investigate violations of laws enacted and rules and regulations promulgated for the purpose of consumer protection, and to study the operation of such laws, rules, and regulations and to recommend to the General Assembly needed changes in law in the consumer's interest; and

(6) To enforce the provisions of this chapter and to perform such other functions as may be incidental to the powers and duties set forth in this chapter.

(e) The expenses of the division shall be paid from funds provided for that purpose by law, including without limitation:

(1) Funds made available by the state, a state agency, or a state political subdivision;

(2) Funds made available by the United States Government or a federal agency; or

(3)(A) Funds deposited into a Consumer Education and Enforcement Account, managed by the division, from settlements or judgments in favor of the state related to a lawsuit or assurance of voluntary compliance in which the state was a party.

(B) The Consumer Education and Enforcement Account shall not carry a balance greater than one million dollars ($1,000,000) ,1 and the funds in the account shall be used in a manner determined by the office of the Attorney General, including without limitation:

(i) Litigation support;

(ii) Expert witness fees;

(iii) Court filing fees;

(iv) Process server fees;

(v) Witness fees;

(vi) Court costs;

(vii) Court reporter fees;

(viii) Attorney and staff training;

(ix) Travel expenses;

(x) Consumer education;

(xi) Office expenses and improvements; and

(xii) Investigation expenses.

(f)(1) As used in this section, “state agency” includes without limitation:

(A) A state agency, office, or department;

(B) A board or commission; and

(C) A public college or university.

(2) When a settlement is agreed to or a judgment is entered in a lawsuit in which the state is a party receiving all or part of the settlement or judgment, the Attorney General shall distribute the funds in the following manner:

(A) Restitution to Arkansas consumers or state agencies, or for other purposes, as designated by the court order or settlement agreement;

(B) Designation of cash funds to a state agency having a nexus to the underlying litigation;

(C) Payment of attorney's fees or civil penalties under § 4-88-113(a)(1), § 4-88-113(c), or § 4-88-113(e); or

(D) Payment into the Consumer Education and Enforcement Account, as authorized by § 4-88-105.

(3)(A) Funds to be distributed as described in subdivisions (f)(2)(B)--(D) shall be distributed in the manner prescribed by this section within one hundred twenty (120) days of the receipt of the funds.

(B) Restitution funds shall be distributed to Arkansas consumers as soon as is practicable and in accordance with any applicable court order.

(4)(A) The office of the Attorney General shall on a quarterly basis provide to the Legislative Council or Joint Budget Committee a report of all cash funds received from court orders or settlement agreements.

(B) The report shall include:

(i) The case name of the court order or settlement agreement;

(ii) The amount of funds received by the office of the Attorney General for each court order or settlement agreement; and

(iii)(a) A plan for disbursement of the funds.

(b) If cash funds received from a court order or settlement agreement are expended for any purpose, including consumer education and enforcement activities, the report must itemize specific activities subject to the exclusions provided in §§ 4-88-111 and25-1-403(1)(B).

(c) The report shall also itemize the specific consumer education and enforcement activities funded for the office of the Attorney General.

(C) If funds received from a court order or settlement agreement are given to a specific entity by the office of Attorney General, the report must include:

(i) If the court order or settlement agreement directed moneys to be given to a specific entity;

(ii) If the court order or settlement agreement directs funds to a specific entity, the office of the Attorney General shall provide a summary of input regarding the drafting of the court order or settlement agreement.

(iii) If the office of the Attorney General receives funds from a court order or settlement agreement that does not require disbursement of funds to a specific entity, the office of the Attorney General shall report a rationale for disbursing funds to a specific entity.

(iv) A report of current balances of all unappropriated cash fund holdings received by court order or settlement agreement by the office of the Attorney General.

(D) The quarterly reports shall be provided no later than the fifteenth day of the month immediately following the end of each quarter

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Ark. Code Ann. § 4-88-106
Consumer Advisory Board
(a) There may be a Consumer Advisory Board appointed by the Attorney General.

(b)(1) If the Attorney General appoints such a board, it shall consist of eleven (11) members serving terms of two (2) years.

(2) The membership of the board shall be fairly representative of consumers, manufacturers, the Better Business Bureau, labor organizations, retailers, agriculture, and trade and professional associations.

(3) Each member shall serve without pay, but may be reimbursed for expenses in accordance with § 25-16-901 et seq.

(c) The chairman of the board shall be elected by the members.

(d) The board may assist and advise the Consumer Counsel with respect to:

(1) Policy matters relating to consumer interests;

(2) Improvement in the effectiveness of state consumer programs and operations;

(3) Needed changes in law to improve consumer protection in Arkansas.

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Ark. Code Ann. § 4-88-107
Deceptive and unconscionable trade practices.
(a) Deceptive and unconscionable trade practices made unlawful and prohibited by this chapter include, but are not limited to, the following:

(1) Knowingly making a false representation as to the characteristics, ingredients, uses, benefits, alterations, source, sponsorship, approval, or certification of goods or services or as to whether goods are original or new or of a particular standard, quality, grade, style, or model;

(2) Disparaging the goods, services, or business of another by false or misleading representation of fact;

(3) Advertising the goods or services with the intent not to sell them as advertised;

(4) Refusal of a retailer to deliver to a customer purchasing any electronic or mechanical apparatus the record of warranty and statement of service availability which the manufacturer includes in the original carton or container of the product or the refusal to make available on request information relating thereto;

(5) The employment of bait-and-switch advertising consisting of an attractive but insincere offer to sell a product or service which the seller in truth does not intend or desire to sell, evidenced by:

(A) A refusal to show or a disparagement of the advertised product;

(B) The requirement of a tie-in sale or other undisclosed conditions precedent to the purchase;

(C) A demonstration of a defective product; or

(D) Other acts demonstrating an intent not to sell the advertised product or services;

(6) Knowingly failing to identify flood, water, fire, or accidentally damaged goods as to such damages;

(7) Making a false representation that contributions solicited for charitable purposes shall be spent in a specific manner or for specified purposes;

(8) Knowingly taking advantage of a consumer who is reasonably unable to protect his or her interest because of:

(A) Physical infirmity;

(B) Ignorance;

(C) Illiteracy;

(D) Inability to understand the language of the agreement; or

(E) A similar factor;

(9) The offering for sale, assembly, or drafting of any trust document, including a living trust, by a nonlawyer, excluding the marketing, assembly, and funding by bank trust departments and trust companies;

(10) Engaging in any other unconscionable, false, or deceptive act or practice in business, commerce, or trade; and

(11)(A) Displaying or causing to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service.

(B) Subdivision (a)(11)(A) of this section does not apply to the transmission of a caller identification service by a telecommunications provider.

(b) The deceptive and unconscionable trade practices listed in this section are in addition to and do not limit the types of unfair trade practices actionable at common law or under other statutes of this state.

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Ark. Code Ann. § 4-88-108
Unlawful Acts.
When utilized in connection with the sale or advertisement of any goods, services, or charitable solicitation, the following shall be unlawful:

(1) The act, use, or employment by any person of any deception, fraud, or false pretense; or

(2) The concealment, suppression, or omission of any material fact with intent that others rely upon the concealment, suppression, or omission.

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Ark. Code Ann. § 4-88-109
Pyramids.
(a) Every person who contrives, prepares, sets up, proposes, or operates any pyramiding device shall be guilty of an unlawful practice.

(b)(1) As used in this section, a pyramiding device shall mean any scheme whereby a participant pays valuable consideration for the chance to receive compensation primarily from introducing one (1) or more additional persons into participation in the scheme or for the chance to receive compensation when a person introduced by the participant introduces a new participant.

(2) “Compensation”, as used in this section, does not mean or include payment based upon sales made to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme.

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Ark. Code Ann. § 4-88-110[Repealed]

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Ark. Code Ann. § 4-88-111
Investigations by Attorney General.
(a) When the Attorney General determines that an investigation should be made as to whether a person has engaged in, is engaging in, or shows evidence of intent to engage in any practice declared to be unlawful by this chapter, when he or she receives a request for enforcement proceedings from a consumer or labor organization, better business bureau, chamber of commerce, or any state agency, or when he or she receives a written complaint from a consumer of a practice declared to be unlawful under this chapter, he or she may:

(1) Require that person to file a statement or report in writing as to the facts and circumstances concerning the matter, together with such other data as may be reasonably related thereto;

(2) Examine under oath or take the deposition of any person in connection with the matter; and

(3) Examine any merchandise, or sample thereof, sales tickets, or other records relating thereto.

(b) Unless otherwise ordered by a court for good cause shown, no statement or documentary material produced pursuant to a demand under this section shall be produced for inspection or copying by, nor shall the contents thereof be disclosed to, any person other than the authorized employee of the Attorney General without the consent of the person who produced the material.

(c) The Attorney General or any attorney designated by him or her may use the documentary material or copies thereof in the enforcement of this chapter by presentation before any court, provided that any such material which contains trade secrets shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing such material. However, when material containing trade secrets is presented with court approval, the material and the evidence pertaining thereto shall be held in camera and shall not be part of the court record or trial transcript.

(d) No statements, documents, or other information maintained or produced as a result of an ongoing investigation of possible violations of this chapter shall be disclosed to any person other than those persons specifically authorized by the Attorney General to receive such information.

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Ark. Code Ann. § 4-88-112
Investigations; Refusal to Comply.
(a) In the event any person fails or refuses to file a statement, appear, or produce records as required by § 4-88-111, the Attorney General, acting through the Consumer Counsel, may file, in the circuit court of the county in which the person resides or transacts business or of the judicial district in which the State Capitol is located, a petition for an order of such court for the civil enforcement of such section.

(b) Upon the filing of the petition and service upon the person, the court shall have jurisdiction to hear and determine the matter so presented and to enter such order, including temporary injunctions, as may be required to effectuate this chapter.

(c) Willful concealment, destruction, alteration, or falsification of any documentary material which would be subject to subpoena by the court or the disobedience of any order of the court is declared to be unlawful and shall be punished as contempt of court.

(d) Any final order shall be subject to appeal to the Supreme Court of Arkansas.

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Ark. Code Ann. § 4-88-113
Civil Enforcement and Remedies -- Suspension or Forfeiture of Charter, Franchise, Etc.
(a) In any proceeding brought by the Attorney General for civil enforcement of the provisions of this chapter, prohibiting unlawful practices as defined in this chapter, the circuit court may make such orders or judgments as may be necessary to:

(1) Prevent the use or employment by such person of any prohibited practices;

(2)(A) Restore to any purchaser who has suffered any ascertainable loss by reason of the use or employment of the prohibited practices any moneys or real or personal property which may have been acquired by means of any practice declared to be unlawful by this chapter, together with other damages sustained.

(B) In determining the amount of restitution to be awarded under this section, the court shall consider affidavits from nontestifying purchasers, provided that:

(i) The affidavits are offered as evidence of a material fact;

(ii) The affidavits are more probative on the point for which they are offered than any other evidence which the Attorney General can procure through reasonable efforts;

(iii) The interests of justice will be best served by admission of the affidavits; and

(iv) The Attorney General makes the names and addresses of the affiants available to the adverse party sufficiently in advance to provide the adverse party with a fair opportunity to communicate with them; and

(3) Assess penalties to be paid to the state, not to exceed ten thousand dollars ($10,000) per violation, against persons found to have violated this chapter.

(b) Upon petition of the Attorney General, the court may order the suspension or forfeiture of franchises, corporate charters, or other licenses or permits or authorization to do business in this state.

(c) Any person who violates the terms of an injunction issued under this chapter shall forfeit and pay to the state a civil penalty of not more than ten thousand dollars ($10,000) for any single action brought by the Attorney General.

(d)(1) Every person who directly or indirectly controls another person who is in violation of or liable under this chapter and every partner, officer, or director of another person who is in violation of or liable under this chapter shall be jointly and severally liable for any penalties assessed and any monetary judgments awarded in any proceeding for civil enforcement of the provisions of this chapter, provided that the persons to be held jointly and severally liable knew or reasonably should have known of the existence of the facts by reason of which the violation or liability exists.

(2) There is contribution as in cases of contract among the several persons so liable.

(3) Every person subject to liability under subdivision (d)(1) of this section shall be deemed, as a matter of law, to have purposefully availed himself or herself of the privileges of conducting activities within Arkansas sufficient to subject the person to the personal jurisdiction of the circuit court hearing an action brought pursuant to this chapter.

(e) As compensation for his services under this chapter, the Attorney General shall be entitled to all expenses reasonably incurred in the investigation and prosecution of suits, including, but not limited to, expenses for expert witnesses, to be paid by the defendant when judgment is rendered for the state, and, in addition, shall recover attorney's fees and costs.

(f) Any person who suffers actual damage or injury as a result of an offense or violation as defined in this chapter has a cause of action to recover actual damages, if appropriate, and reasonable attorney's fees.

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Ark. Code Ann. § 4-88-114
Assurance of Voluntary Compliance.
(a)(1) In the administration of this chapter, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of the provisions of this chapter from any person who has engaged in or was about to engage in the method, act, or practice.

(2) Any such assurance shall be in writing and may be enforced by petitioning the circuit court of the county in which the alleged violator resides or has his principal place of business, or the Pulaski County Circuit Court.

(3) Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose.

(b)(1) The assurance of voluntary compliance shall provide for the discontinuance by the person entering into the same of any method, act, or practice alleged to be a violation of this chapter, and it may include a stipulation for the payment by such person of reasonable expenses, investigative costs, and attorney's fees incurred by the Attorney General.

(2) The assurance may also include a stipulation for payment to consumers of actual damages or for restitution of money, property, or other things received from consumers in connection with a violation of the provisions of this chapter, and a stipulation for specific performance.

(c) A finding by a circuit court that a violation of such assurance of voluntary compliance has occurred shall prima facie establish that the person subject thereto knows, or in the exercise of due care should know, that he or she has in the past violated or is violating the provisions of this chapter.

(d) The assurance of voluntary compliance shall not be admissible into evidence in any separate criminal proceeding within the meaning of this chapter.

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Ark. Code Ann. § 4-88-115
Limitation of Actions.
Any civil action brought to enforce the provisions of this chapter may be brought in any court of competent jurisdiction in this state during a period of five (5) years commencing on the date of the occurrence of the violation or the date upon which the cause of action arises.

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Ark. Code Ann. § 4-88-201
Definitions.
(a) “Elder person” means a person who is sixty (60) years of age or older.

(b) “Disabled person” means a person who has a physical or mental impairment which substantially limits one (1) or more of such person's major life activities.

(1) As used in this subsection, “physical or mental impairment” means any of the following:

(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one (1) or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine.

(B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(2) The term “physical or mental impairment” includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairment, cerebral palsy, spina bifida, Down syndrome, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness.

(c) “Substantially limits” means substantially interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments that substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, sprains, or minor injuries.

(d) “Major life activities” include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

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Ark. Code Ann. § 4-88-202.
Additional Civil Penalty.
(a) If any person is found to have violated any provision of this chapter, including unlawful practices related to charitable solicitations, and the violation is committed against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed ten thousand dollars ($10,000) for each violation.

(b) The civil penalties imposed pursuant to subsection (a) of this section shall be deposited with the Treasurer of State and placed into the Elder and Disabled Victims Fund, a special fund created in the State Treasury and administered by the Attorney General for the investigation and prosecution of deceptive acts against elder and disabled persons and for consumer education initiatives.

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Ark. Code Ann. § 4-88-203
Criteria.
In determining whether to impose an enhanced civil penalty under this subchapter and the amount thereof, the court shall consider the extent to which one (1) or more of the following factors are present:

(1) Whether the defendant's conduct was in disregard of the rights of the elder or disabled person;

(2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or disabled person;

(3) Whether the elder or disabled person was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder or disabled person actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct;

(4) Whether the defendant's conduct caused an elder or disabled person to suffer any of the following:

(A) Mental or emotional anguish;

(B) Loss of or encumbrance upon a primary residence of the elder or disabled person;

(C) Loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income;

(D) Loss of funds received under a pension or retirement plan or a government benefits program;

(E) Loss of property set aside for retirement or for personal or family care and maintenance; or

(F) Loss of assets essential to the health and welfare of the elder or disabled person; or

(5) Any other factors the court deems appropriate.

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Ark. Code Ann. § 4-88-204
Civil Action by Harmed Person.
An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to this subchapter.

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Ark. Code Ann. § 4-88-205. Education.The Attorney General shall, pursuant to the funds allocated in this subchapter, develop and implement statewide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder and disabled persons, the provisions of this chapter, the penalties for violations of this chapter, and the remedies available for victims of violations.

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Ark. Code Ann. § 4-88-206
Referral Procedures.
The Attorney General shall establish and maintain referral procedures with the Division of Aging and Adult Services within the Department of Human Services in order to provide any necessary intervention and assistance to elder or disabled persons who may have been victimized by violations of this chapter.

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Ark. Code Ann. § 4-88-207
Fund
The “Elder and Disabled Victims Fund” is hereby created and established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State and shall consist of those special funds as may be provided by law. This fund shall be used for the investigation and prosecution of deceptive acts against elder and disabled persons and for consumer education initiatives directed toward elder and disabled persons, law enforcement officers, the judicial system, social services professionals, and the general public on the provisions of this chapter and related statutes.

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Ark. Code Ann. § 4-88-301
Emergencies and natural disasters -- Taking unfair advantage of consumers.

The General Assembly hereby finds that during emergencies and major disasters, including, but not limited to, tornadoes, earthquakes, fires, floods, or civil disturbances, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods or services. While the pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, when a declared state of emergency results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of essential consumer goods and services be prohibited. It is the intent of the General Assembly in enacting this subchapter to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency for goods and services that are vital and necessary for the health, safety, and welfare of consumers. Further, it is the intent of the General Assembly that this section be liberally construed so that its beneficial purposes may be served.

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Ark. Code Ann. § 4-88-302
Definitions.

(a) "Building materials" means lumber, construction tools, windows, and anything else used in the building or rebuilding of property.

(b) "Consumer food item" means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal.

(c) "Emergency supplies" includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers.

(d) "Gasoline" means any fuel used to power any motor vehicle or power tool.

(e) "Goods" has the same meaning as defined in § 4-88-102(4).

(f) "Housing" means any rental housing and includes any housing provided by a hotel or motel.

(g) "Local emergency" means a natural or man-made disaster or emergency resulting from a tornado, earthquake, flood, fire, riot, or storm for which a local emergency has been declared by the executive officer or governing body of any city or county in Arkansas.

(h) "Medical supplies" includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.

(i) "Person" means a natural person, individual, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized.

(j) "Repair or reconstruction services" means services performed by any person for repairs to residential or commercial property of any type that is damaged as a result of a disaster or terrorist attack.

(k) "Services" means any work, labor, or services including services furnished in connection with the sale or repair of goods or real property or improvements thereto.

(l) (1) "State of emergency" means a natural or man-made disaster or emergency resulting from a tornado, earthquake, flood, fire, riot, storm, act of war, threat of war, military action, or the time of instability following a terrorist attack for which a state of emergency has been declared by the President of the United States or the Governor.

(2) "State of emergency" also includes the declaration of a red condition in the Homeland Security Advisory System by either the United States Department of Homeland Security or the Arkansas Department of Emergency Management.

(m) "Transportation, freight, and storage services" means any service that is performed by any person or company that contracts to move, store, or transport personal or business property or rents equipment for those purposes.

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Ark. Code Ann. § 4-88-303
Prohibited unfair pricing practices.

(a) (1) Upon the proclamation of a state of emergency resulting from a tornado, earthquake, flood, fire, riot, storm, or natural or man-made disaster declared by the President of the United States or the Governor and upon the declaration of a local emergency resulting from a tornado, earthquake, flood, fire, riot, storm, or natural or man-made disaster by the executive officer of any city or county and for a period of thirty (30) days following that declaration or during any period of time during which a red condition under the Homeland Security Advisory System has been declared by either the United States Department of Homeland Security or the Arkansas Department of Emergency Management, it is unlawful for any person, contractor, business, or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels for a price of more than ten percent (10%) above the price charged by that person for those goods or services immediately prior to the proclamation of emergency.

(2) However, a greater price increase shall not be unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to additional costs imposed by the seller's supplier or additional costs of providing the good or service during the state of emergency, the price represents no more than ten percent (10%) above the total of the cost to the seller plus the markup customarily applied by the seller for that good or service in the usual course of business immediately prior to the onset of the state of emergency.

(b) (1) Upon the proclamation of a state of emergency resulting from a tornado, earthquake, flood, fire, riot, or storm declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from a tornado, earthquake, flood, fire, riot, or storm by the executive officer of any city or county, and for a period of one hundred eighty (180) days following that declaration, it is unlawful for any contractor to sell or offer to sell any repair or reconstruction services or any services used in emergency cleanup for a price of more than ten percent (10%) above the price charged by that person for those services immediately prior to the proclamation of emergency.

(2) However, a greater price increase shall not be unlawful if that person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods or directly attributable to additional costs for labor or materials used to provide the services, provided that in those situations where the increase in price is attributable to the additional costs imposed by the contractor's supplier or additional costs of providing the service during the state of emergency, the price represents no more than ten percent (10%) above the total of the cost to the contractor plus the markup customarily applied by the contractor for that good or service in the usual course of business immediately prior to the onset of the state of emergency.

(c) The provisions of this section may be extended for additional thirty-day periods by a local governing body or the General Assembly if deemed necessary to protect the lives, property, or welfare of the citizens.

(d) Any business offering an item for sale at a reduced price immediately prior to the proclamation of the emergency may use the price at which it usually sells the item to calculate the price pursuant to subsection (a) or (b) of this section.

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Ark. Code Ann. § 4-88-304
Penalties, remedies, and enforcement.

(a) (1) When a person violates this subchapter or a regulation prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by this chapter.

(2) All remedies, penalties, and authority granted to the Attorney General under this chapter shall be available to the Attorney General for the enforcement of this subchapter.

(b) Any person who is found to have violated this subchapter shall be guilty of a Class A misdemeanor.

(c) The remedies and penalties provided by this section are cumulative to each other, the remedies under § 17-25-301 et seq., and the remedies or penalties available under all other laws of this state.

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Ark. Code Ann. § 4-88-305
Preemption.
Nothing in this section shall preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited in this section.

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Ark. Code Ann. § 4-88-401
Purpose.
As used in this subchapter:

(1) “Person” means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity;

(3) “Slamming” means submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with the verification procedures as the Federal Communications Commission shall prescribe; and

(3) “Subscriber” means a telecommunications service provider's retail business customer or a retail residential customer.

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Ark. Code Ann. § 4-88-402
Slamming.
No telecommunications service provider and no person acting on behalf of any telecommunications service provider shall engage in the practice of slamming as defined in § 4-88-401(2).

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Ark. Code Ann. § 4-88-403
Penalties, Remedies, and Enforcement.
(a) When a person violates this subchapter or a regulation prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(b)(1) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter.

(2) The remedies and penalties provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state.

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Ark. Code Ann. § 4-88-901
Applicability.
(a) This subchapter applies to a residential real estate repair contract under which a person has contracted with a residential contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy.

(b) The rights and responsibilities contained in this subchapter are in addition to those under §§ 4-89-101 et seq., and 17-25-501.

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Ark. Code Ann. § 4-88-902
Definitions.
As used in this subchapter:

(1)(A) “Emergency services” means services performed with the express permission of the insured and that are immediately necessary for:

(i) The preservation of the residential real estate; or

(ii) The health of the insured, owner, or possessor.

(B) “Emergency services” does not include inspection of the residential real estate or an estimation of the repair costs;

(2) “Insured” means the person whose name appears on the face of the property and casualty insurance policy;

(3) “Residential contractor” means a person or entity in the business of contracting or offering to contract with an insured, owner, or possessor of residential real estate to repair or replace roof systems or perform other exterior repair, replacement, construction, or reconstruction work on residential real estate;

(4) “Residential real estate” means a new or existing dwelling constructed for habitation by one (1) to four (4) families, including a detached garage;

(5) “Residential real estate repair contract” means a written contract with an insured to repair residential real estate and provide goods and services to be paid under a property and casualty insurance policy; and

(6) “Roof system” means roof coverings, roof sheathing, roof weatherproofing, and insulation.

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Ark. Code Ann. § 4-88-903
Notice of Cancellation.
Before signing a residential real estate repair contract with an insured, a residential contractor shall furnish to the insured:

(1) The following statement in at least 10-point boldface type, the following:
“You may cancel this residential real estate repair contract at any time within three (3) business days after you have received written notification from your insurer that all or any part of the claim or residential real estate repair contract is not a covered loss under the insurance policy. See attached notice of cancellation form for an explanation of this right.”; and

(2) A fully completed form in duplicate, captioned “NOTICE OF CANCELLATION”, that is attached to the residential real estate repair contract for repairs to residential real estate, that is easily detachable, and contains the following in at least 10-point boldface type:
“NOTICE OF CANCELLATION
(Enter date of transaction)
If you are notified by your insurer that all or any part of the claim or residential real estate repair contract is not a covered loss under the insurance policy, you may cancel the residential real estate repair contract by mailing or delivering a signed and dated copy of this cancellation notice or another written notice to (name of residential contractor) at (address of residential contractor's place of business) at any time within three (3) business days after you have received such notice from your insurer. If you cancel, any payments made under the residential real estate repair contract except for certain emergency services already performed by the residential contractor will be returned to you within ten (10) business days following receipt by the residential contractor of your cancellation notice.
I CANCEL THIS TRANSACTION
_______________________
(DATE)
_______________________
(INSURED'S SIGNATURE).”

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Ark. Code Ann. § 4-88-904
Commencement of Work-Cancellation.
(a) A residential contractor in a residential real estate repair contract with an insured shall not commence work until the insured's right to cancel under subsection (b) of this section has expired.

(b) A person who has entered into a residential real estate repair contract with a residential contractor may cancel the residential real estate repair contract within three (3) business days after the insured has received written notice from the insurer in response to an insurance claim filed that all or any part of the claim or residential real estate repair contract is not a covered loss under the insurance policy.

(c)(1) The insured cancels the residential real estate repair contract by giving written notice of cancellation to the residential contractor in person or by mailing it to the address stated in the residential real estate repair contract.

(2) If the notice of cancellation is given by mail, it is effective upon deposit of the notice in the United States mail, postage prepaid, and properly addressed to the residential contractor.

(3) The notice of cancellation is not required to be in a particular form and is sufficient if it expresses in writing an intention of the insured not to be bound by the residential real estate repair contract.

(d)(1) Within ten (10) days after cancellation of a residential real estate repair contract, the residential contractor shall tender to the insured any payments, partial payments, or deposits made and any note or other evidence of indebtedness.

(2) If the residential contractor has performed any emergency services, the residential contractor is entitled to the reasonable value of such emergency services.

(e) Any provision in a residential real estate repair contract that requires the payment of a fee for anything except emergency services is not enforceable against the insured that has cancelled a residential real estate repair contract under this section.

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Ark. Code Ann. § 4-88-905
Violations.
(a) A violation of this subchapter by a residential contractor is an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(b) This subchapter does not prohibit an insured that is harmed by a deceptive trade practice from commencing a civil action against a residential contractor.

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Ark. Code Ann. § 4-89-101
Purpose of chapter.
The purpose of this chapter is to promote the public welfare by regulating home solicitation sales so that the consumer shall not become a victim of deceptive sales practices.

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Ark. Code Ann. § 4-89-102
Definitions.
As used in this chapter, unless the context otherwise requires:

(1) "Appropriate trade premises" means premises at which either the owner or seller normally carries on a business or where goods are normally offered or exposed for sale in the course of business carried on at those premises;

(2) "Deceptive trade practices" means the following acts of a seller in connection with any home solicitation sale, and the following acts constitute a violation of this chapter:

(A) Failure to comply with any requirement of §§ 4-89-107 and 4-89-109; or

(B) Misrepresenting in any manner the consumer's right to cancel; or

(C) Representing directly or indirectly that the seller is primarily conducting or participating in any survey, quiz, or contest or is primarily engaged in any activity other than soliciting business or misrepresenting in any manner the purpose of the call or solicitation; or

(D) Representing directly or indirectly that any offer to sell goods or services is being made only to specially selected persons or misrepresenting in any manner the persons or class of persons afforded the opportunity of purchasing the seller's goods or services; or

(E) Representing directly or indirectly that any sale or service is being offered for any organization, individual, or firm other than the one engaged in soliciting business or misrepresenting in any manner the identity of the solicitor or his or her firm and of the business in which he or she is engaged; or

(F) Representing directly or indirectly that any merchandise or service is free or is provided as a gift or without cost or charge in connection with the purchase of goods or services, unless the price of the goods or services required to be purchased in order to obtain the free merchandise or gift is disclosed; or

(G) Representing directly or indirectly that any price is a special or reduced price, unless it constitutes a significant reduction from the seller's established selling price at which the goods or services have been sold in substantial quantities in the recent and regular course of trade or misrepresenting in any manner the savings which the consumer will receive; or

(H) Failing to disclose clearly and unqualifiedly at the initial contact or solicitation and at all subsequent contacts or solicitations, whether by telephone, written communication, or person-to-person, that the purpose of the contact or solicitation is to sell goods or services; or

(I) Failing to disclose clearly and conspicuously, both orally and in writing in the contract:

(i) The total cash price;

(ii) The down payment;

(iii) The unpaid balance of the cash price;

(iv) The number, amount, and due dates of payments necessary to pay the unpaid balance in full; and

(v) An accurate description of the goods or services purchased;

(3) "Goods" means tangible chattels bought for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for such goods, and including goods which, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of such real property whether or not severable therefrom;

(4) (A) "Home solicitation sale" means a cash sale or a consumer credit sale of goods, other than insurance, or services in which the seller or a person acting for him or her engages in a personal solicitation of the sale at other than appropriate trade premises in an amount more than twenty-five dollars ($25.00).

(B) This definition also includes all telephone sales in which the seller has initiated contact, regardless of his or her location, and the consumer's agreement to purchase is made at the consumer's home.

(C) It does not include a sale made pursuant to prior negotiations between the parties at a business establishment, at a fixed location, where goods or services are offered or exhibited for sale, or a sale in which the buyer has initiated the contact and specifically requested the seller to visit his or her home for the purpose of repairing or performing maintenance upon the buyer's personal property. If, in the course of such a visit, the seller sells the buyer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion.

(D) The term "home solicitation sale" does not include a transaction involving an order for goods to be delivered at one (1) time if:

(i) The order is evidenced only by a sales ticket or invoice which the buyer is not required to sign;

(ii) The buyer makes no payment prior to delivery of the goods;

(iii) The goods are not delivered within three (3) business days of the date of the order;

(iv) The buyer may refuse to accept the goods when they are delivered without incurring any obligation to pay for them or the expenses associated with the transaction, including mailing or shipping charges, or the buyer may, upon inspecting the goods after delivery, return them within three (3) business days to the seller and receive a full refund for any amounts the buyer has paid, including mailing and shipping charges; and

(v) The buyer's right to cancel the order, refuse delivery, or return the goods without obligation or charge is clearly and unmistakably set forth on the face or reverse side of the sales ticket or invoice;

(5) "Seller" means any person, partnership, corporation, or association engaged in the door-to-door or telephone sale of consumer goods or services; and

(6) "Services" means work, labor, or other services furnished primarily for personal, family, or household purposes, including, but not limited to, services in connection with the repair, alteration, or improvement of residential premises, courses of instruction or training regardless of the purpose for which they are taken, and services furnished in connection with the sale or repair of goods, but does not include the services of attorneys, real estate brokers and salesmen, securities dealers or investment counselors, physicians, optometrists, or dentists.

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Ark. Code Ann. § 4-89-103
Contracts excepted from chapter.

The provisions of this chapter shall not apply to a contract which is executed in connection with the making of emergency repairs or services which are necessary for the immediate protection of persons or real or personal property, or to sales made by a seller who makes seventy-five percent (75%) or more of its sales at its local appropriate trade premises, or to sales made pursuant to credit arrangements existing at the time of the sale.

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Ark. Code Ann. § 4-89-104
Penalties.

Any person, firm, partnership, corporation, or other entity that knowingly and willfully commits a deceptive trade practice as defined in § 4-89-102(2) shall be guilty of a Class A misdemeanor.

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Ark. Code Ann. § 4-89-105
Remedies.
For a violation which is subject to the provisions of this chapter, the consumer shall recover from the persons violating this chapter an amount equal to:

(1) Ten percent (10%) of the transaction total or one hundred dollars ($100), whichever is greater; and

(2) The actual damages, including any incidental, consequential, and special damages sustained by the consumer as a result of the violation.

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Ark. Code Ann. § 4-89-106
Enforcement powers.
(a)(1) Any home solicitation sale conducted in violation of this chapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this chapter.

(b) The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this chapter.

(c) Nothing in the provisions of this chapter shall prohibit the bringing of a civil action against a violator of this chapter by an individual harmed by a deceptive trade practice.

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Ark. Code Ann. § 4-89-107
Buyer's right to cancel offer or contract.

(a) In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a home solicitation contract or offer until midnight of the third calendar day, excluding Sundays and holidays as declared in § 1-5-101, after the day on which the buyer signs an agreement.

(b) Cancellation occurs when the buyer returns to the seller the notice of cancellation, the notice having been provided for the buyer by the seller. To further protect the consumer, it is suggested that the notice of cancellation be sent by registered mail.

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Ark. Code Ann. § 4-89-108
Requirements for enforceable sale -- Notice of right to cancellation required.
(a) A home solicitation sale is not enforceable by way of action or defense unless there is a writing which:

(1) Is sufficient to indicate that a contract for sale has been made between the parties;

(2) Is signed by both the consumer and the seller;

(3) Contains no provision not included in the oral sales presentation;

(4) Contains the name and address of the seller; and

(5) Contains the date on which the consumer actually signs the writing.

(b) A home solicitation sale is not enforceable by way of action if:

(1) The seller does not provide the consumer with a fully completed copy of the writing at the time the consumer actually signs the writing; or

(2) The seller commits a deceptive trade practice as defined by this chapter.

(c) In a home solicitation sale, the seller must furnish to the buyer at the time he or she signs the sales contract or otherwise agrees to buy consumer goods or services from the seller a completed form in duplicate, captioned "NOTICE OF CANCELLATION", which shall be attached to the contract or receipt and easily detachable and which shall contain in 10-point bold face type the following information and statements:

Click here to view form

(d) If seller fails to give both oral and written notice of the buyer's right to cancellation, the cooling-off period does not begin to run until actual notice is given, and the buyer is no longer obliged to return the goods in substantially the same condition.

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Ark. Code Ann. § 4-89-109
Return of payments and goods by seller.

(a) Within ten (10) days after a home solicitation contract or offer has been cancelled, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.

(b) If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.

(c) Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to him or her by the seller and has a lien on the goods for any recovery to which he or she is entitled.

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Ark. Code Ann. § 4-89-110
Return of goods by buyer -- Buyer's duty.
(a) (1) Within twenty (20) days after a home solicitation contract or offer has been cancelled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he or she is not obligated to tender at any place other than his or her own address.

(2) If the seller fails to demand possession of goods within twenty (20) days after cancellation, the goods become the property of the buyer without obligation to pay for them.

(b) (1) The buyer has a duty to take reasonable care of the goods in his or her possession both prior to cancellation and during the twenty-day period following.

(2) During the twenty-day period after cancellation, except for the buyer's duty of care, the goods are at the seller's risk.

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Ark. Code Ann. § 4-90-201
Legislative intent.
The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that buyers of motor vehicles rely heavily on the odometer reading as an index of the condition and value of a vehicle. The General Assembly further recognizes that buyers are entitled to rely on the odometer reading as an accurate indication of the mileage of the motor vehicle and that an accurate indication of the mileage assists a buyer in deciding on the safety and reliability of the vehicle. The purposes of this subchapter are to prohibit tampering with motor vehicle odometers and to provide safeguards to protect purchasers in the sale of motor vehicles with altered or reset odometers. It is the intent of the General Assembly that this subchapter incorporate certain provisions of newly codified federal law to supplement existing Arkansas law. To that end, any rule or regulation in effect under a law replaced by this subchapter continues in effect under the corresponding provision enacted by this subchapter until repealed, amended, or superseded. In addition, where no substantive change in law has occurred, an action taken or an offense committed under a law replaced by a section of this subchapter is deemed to have been taken or committed under the corresponding provision enacted by this subchapter.

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Ark. Code Ann. § 4-90-202
Definitions.
As used in this subchapter, unless the context otherwise requires:

(1) “Auction company” means a person taking possession of a motor vehicle owned by another to sell at an auction;

(2) “Dealer” means a person that sold at least five (5) motor vehicles during the prior twelve (12) months to buyers that in good faith bought the vehicles other than for resale;

(3) “Distributor” means a person that sold at least five (5) motor vehicles during the prior twelve (12) months for resale;

(4) “Leased motor vehicle” means a motor vehicle leased to a person for at least four (4) months by a lessor that leased at least five (5) vehicles during the prior twelve (12) months;

(5) “Motor vehicle” means any self-propelled vehicle not operated exclusively upon railroad tracks, except snowmobiles and other devices designed and used primarily for the transportation of persons over natural terrain, snow, or ice and propelled by wheels, skis, tracks, runners, or whatever other means;

(6) “Odometer” means an instrument for measuring and recording the distance a motor vehicle is driven, but does not include an auxiliary instrument designed to be reset by the operator of the vehicle to record the mileage of a trip;

(7) “Person” means an individual, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity;

(8) “Repair” and “replace” mean to restore to a sound working condition by replacing any part of an odometer or by correcting any inoperative part of an odometer;

(9) “Title” means the certificate of title or other document issued by this state or another state and indicating ownership, and includes a manufacturer's statement or certificate of origin; and

(10) “Transfer” means to change ownership by sale, gift, or other means.

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Ark. Code Ann. § 4-90-203
Penalties.
(a)(1)(A) When a person violates this subchapter or a regulation prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(B) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter, including, but not limited to, an action to:

(i) Enjoin the violation; and

(ii) Recover:

(a) Amounts for which the person is liable under § 4-90-207(a) to each private person; and

(b) Costs, investigative costs, and reasonable attorney's fees.

(2)(A) An action under this subsection may be brought in an appropriate court of competent jurisdiction in the county in which the person resides or transacts business or in the judicial district in which the state capital is located.

(B) The action must be brought not later than five (5) years after the claim accrues.

(b)(1) Any person who is found to have violated this subchapter shall be guilty of a felony and imprisoned for not more than three (3) years and subject to a fine of not more than fifty thousand dollars ($50,000) for each violation.

(2) If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly and willfully authorizes, orders, or performs an act in violation of this subchapter or a regulation prescribed or order issued under this subchapter, without regard to penalties imposed on the corporation.

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Ark. Code Ann. § 4-90-204
Preventing tampering.
A person may not:

(1) Advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage different from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer;

(2) Disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;

(3) With the intent to defraud, operate a motor vehicle on a public street, road, or highway, if the person knows that the odometer of the vehicle is disconnected or not operating; or

(4) Conspire to violate any provision of this subchapter.

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Ark. Code Ann. § 4-90-205
Service, repair, and replacement.

(a)(1) A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair, or replacement.

(2) If the mileage cannot remain the same:

(A) The person shall adjust the odometer to zero; and

(B) The owner of the vehicle or agent of the owner shall attach a written notice to the left door frame of the vehicle specifying the mileage before the service, repair, or replacement and the date of the service, repair, or replacement.

(b) A person may not, with the intent to defraud, remove or alter a notice attached to a motor vehicle as required by this section.

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Ark. Code Ann. § 4-90-206
Disclosure requirements on transfer of a motor vehicle.
(a) (1) A person transferring his or her ownership of a motor vehicle shall give the transferee a written disclosure:

(A) Of the cumulative mileage registered by the odometer; or

(B) That the mileage is not actual, if the transferor knows that the mileage registered by the odometer is incorrect.

(2) A person making a written disclosure required by a regulation prescribed under subdivision (a)(1) of this section may not make a false statement in the disclosure.

(3) A person acquiring a motor vehicle for resale may accept a disclosure under this section only if it is complete.

(4) The Director of the Department of Finance and Administration shall adopt, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules not inconsistent with this subchapter or Title 49, Chapter 327 of the United States Code, or any rules promulgated thereunder prescribing the manner in which the written disclosure shall be made.

(b) (1) A motor vehicle, the ownership of which is transferred, may not be licensed for use in this state unless the transferee, in submitting an application for the title on which the license will be issued, includes with the application the transferor's title and, if that title contains the appropriate space, the transferor's disclosure of the mileage at the time of transfer, and the signature and the date of the disclosure.

(2) (A) If the title to a motor vehicle issued to a transferor is in the possession of a lienholder when the transferor transfers ownership of the vehicle, the transferor may use a written power of attorney in making the mileage disclosure required under subsection (a) of this section.

(B) The director shall adopt, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., rules not inconsistent with this subchapter or Title 49, Chapter 327 of the United States Code, or any rules promulgated thereunder prescribing the form of the power of attorney.

(C) The provisions of §§ 4-90-203 and 4-90-207(a) apply to a person granting or granted a power of attorney under this subdivision (b)(2).

(c) (1) For a leased motor vehicle, the lessee shall provide the written disclosure required by subsection (a) of this section to the lessor when the lessor transfers ownership of that vehicle.

(2) The lessor shall provide written notice to the lessee of:

(A) The mileage disclosure requirements of subsection (a) of this section; and

(B) The penalties for failure to comply with those requirements.

(3) The lessor shall retain the disclosures made by a lessee under subdivision (c)(1) of this section for at least four (4) years following the date the lessor transfers the leased motor vehicle.

(4) If the lessor transfers ownership of a leased motor vehicle without obtaining possession of the vehicle, the lessor, in making the disclosure required by subsection (a) of this section, may indicate on the title the mileage disclosed by the lessee under subdivision (c)(1) of this section, unless the lessor has reason to believe that the disclosure by the lessee does not reflect the actual mileage of the vehicle.

(d) If a motor vehicle is sold at an auction, the auction company conducting the auction shall maintain the following records for at least four (4) years after the date of the sale:

(1) The name and address of the most recent owner of the motor vehicle, except the auction company;

(2) The name and address of the buyer of the motor vehicle;

(3) The vehicle identification number of the motor vehicle; and

(4) The odometer reading on the date the auction company took possession of the motor vehicle.

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Ark. Code Ann. § 4-90-207
Civil actions.
(a)(1) A person who violates this subchapter or a regulation prescribed under this subchapter with intent to defraud is liable for three (3) times the actual damages or one thousand five hundred dollars ($1,500), whichever is greater.

(2)(A) A person may bring a civil action to enforce a claim under this subsection in an appropriate court of competent jurisdiction.

(B) The action must be brought not later than five (5) years after the claim accrues.

(C) The court shall award costs and a reasonable attorney's fee to the person when a judgment is entered for that person.

(b) Nothing in this subchapter, however, shall in any way limit any other statutory or common law rights, causes of actions, or remedies which are otherwise available to a person, including, but not limited to, actions for:

(1) Breach of warranty;

(2) Fraud;

(3) Negligent misrepresentation;

(4) Intentional misrepresentation;

(5) Deceptive trade practices actions;

(6) Rescission; or

(7) Revocation of acceptance.

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Ark. Code Ann. § 4-90-301
Legislative intent.
This subchapter is intended to apply only to parts that are aftermarket crash parts as defined in this subchapter and to the documents prepared in the repair estimate process. It is not intended to apply to any mechanical automotive parts or used parts of any kind or to any invoice or final invoicing forms.

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Ark. Code Ann. § 4-90-302
Definitions.
As used in this subchapter:

(1) "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;

(2) "Installer" means an individual who performs the work of replacing or repairing parts of a motor vehicle;

(3) "Insurer" means an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority;

(4) "Nonoriginal equipment manufacturer aftermarket crash part" means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his or her suppliers; and

(5) "Repair facility" means a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.

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Ark. Code Ann. § 4-90-303
Violation.
Any person who violates any provision of this subchapter shall, upon conviction, be guilty of a violation and shall be subject to the penalty prescribed in § 5-4-201(c)(1).

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Ark. Code Ann. § 4-90-304
Required identification.

Any nonoriginal equipment manufacturer aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1992, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. The manufacturer's logo, identification number, or name shall be visible after installation whenever practicable.

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Ark. Code Ann. § 4-90-305
Repair estimates.

(a) In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer or repair facility shall clearly identify such parts.

(b) A disclosure document attached to the estimate shall contain the following information in no smaller than 10-point type:

"THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS INSTEAD OF THE MANUFACTURER OF YOUR VEHICLE."

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Ark. Code Ann. § 4-90-306
Repairs.

Whenever repairs are made involving replacement crash parts, as defined in this subchapter, and the vehicle is still under the manufacturer's original warranty, only original equipment manufacturer replacement crash parts may be used by the repair facility unless the owner gives or has given written consent otherwise.

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Ark. Code Ann. § 4-90-307
Insurance.

Every insurer that writes motor vehicle insurance and that intends to require or specify the use of aftermarket parts must disclose to its policyholders in writing, either in the policy or on an attached sticker, the following information in no smaller than 10-point type:

"IN THE REPAIR OF YOUR COVERED MOTOR VEHICLE UNDER THE PHYSICAL DAMAGE COVERAGE PROVISIONS OF THIS POLICY, WE MAY REQUIRE OR SPECIFY THE USE OF MOTOR VEHICLE PARTS NOT MADE BY THE ORIGINAL MANUFACTURER. THESE PARTS ARE REQUIRED TO BE AT LEAST EQUAL IN TERMS OF FIT, QUALITY, PERFORMANCE, AND WARRANTY TO THE ORIGINAL MANUFACTURER PARTS THEY REPLACE."

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Ark. Code Ann. § 4-90-401
Title.

This subchapter shall be known and may be cited as the “Arkansas New Motor Vehicle Quality Assurance Act”.

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Ark. Code Ann. § 4-90-402
Legislative determinations and intent.
The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The General Assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the General Assembly that a good-faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle or a full refund for a motor vehicle which cannot be brought into conformity with the warranty during the motor vehicle quality assurance period provided for in this subchapter. However, nothing in this subchapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

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Ark. Code Ann. § 4-90-403
Definitions.
As used in this subchapter, unless the context otherwise requires:

(1) "Calendar day" means any day of the week other than a legal holiday;

(2) "Collateral charges" means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. For the purposes of this subchapter, collateral charges include, but are not limited to, manufacturer-installed or agent-installed items, earned finance charges, sales taxes, title charges, and charges for extended warranties provided by the manufacturer, its subsidiary, or agent;

(3) "Condition" means a general problem that may be attributable to a defect in more than one (1) part;

(4) "Consumer" means the purchaser or lessee, other than for the purposes of lease or resale, of a new or previously untitled motor vehicle or any other person entitled to enforce the obligations of the warranty during the duration of the motor vehicle quality assurance period, provided the purchaser has titled and registered the motor vehicle as prescribed by law;

(5) "Incidental charges" means those reasonable costs incurred by the consumer, including, but not limited to, towing charges and the costs of obtaining alternative transportation which are directly caused by the nonconformity or nonconformities which are the subject of the claim, but shall not include loss of use, loss of income, or personal injury claims;

(6) "Lease price" means the aggregate of:

(A) The lessor's actual purchase costs;

(B) Collateral charges, if applicable;

(C) Any fee paid to another person to obtain the lease;

(D) Any insurance or other costs expended by the lessor for the benefit of the lease;

(E) An amount equal to state and local sales taxes, not otherwise included as collateral charges, paid by the lessor when the vehicle was initially purchased; and

(F) An amount equal to five percent (5%) of the lessor's actual purchase price;

(7) "Lessee" means any consumer who leases a motor vehicle for one (1) year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to the motor vehicle;

(8) "Lessee cost" means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle;

(9) "Lessor" means a person who holds title to a motor vehicle leased to a lessee under the written lease agreement or who holds the lessor's rights under such agreement;

(10) "Manufacturer" means:

(A) Any person who is engaged in the business of constructing or assembling new motor vehicles or installing on previously assembled vehicle chassis special bodies or equipment which, when installed, form an integral part of the new motor vehicle; or

(B) In the case of motor vehicles not manufactured in the United States, any person who is engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers;

(11) (A) "Motor vehicle" or "vehicle" means any self-propelled vehicle licensed, purchased, or leased in this state primarily designed for the transportation of persons or property over the public streets and highways.

(B) "Motor vehicle" or "vehicle" does not include:

(i) Mopeds;

(ii) Motorcycles;

(iii) The living facilities of a motor home;

(iv) (a) Vehicles over thirteen thousand pounds (13,000 lbs.) gross vehicle weight rating.

(b) For purposes of this subchapter, the limit of thirteen thousand pounds (13,000 lbs.) gross vehicle weight rating does not apply to motor homes; or

(v) A vehicle over ten thousand pounds (10,000 lbs.) gross vehicle weight rating that has been substantially altered after its initial sale from a dealer to the person;

(12) "Motor vehicle quality assurance period" means a period of time that:

(A) Begins:

(i) On the date of original delivery of a motor vehicle; or

(ii) In the case of a replacement vehicle provided by a manufacturer to a consumer under this subchapter, on the date of delivery of the replacement vehicle to the consumer; and

(B) Ends twenty-four (24) months after the date of the original delivery of the motor vehicle to a consumer, or the first twenty-four thousand miles (24,000) of operation attributable to the consumer, whichever is later;

(13) "Nonconformity" means any specific or generic defect or condition or any concurrent combination of defects or conditions that:

(A) Substantially impairs the use, market value, or safety of a motor vehicle; or

(B) Renders the motor vehicle nonconforming to the terms of an applicable manufacturer's express warranty or implied warranty of merchantability;

(14) "Person" means any natural person, partnership, firm, corporation, association, joint venture, trust, or other legal entity;

(15) "Purchase price" means the cash price paid for the motor vehicle appearing in the sales agreement or contract, including any net allowance for a trade-in vehicle;

(16) "Replacement motor vehicle" means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle replaced existed at the time of the original acquisition; and

(17) "Warranty" means any written warranty issued by the manufacturer or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale or lease of a motor vehicle to a consumer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is free of defects or will meet a specified level of performance.

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Ark. Code Ann. § 4-90-404
Notice by consumer -- Disclosure by manufacturer, agent, or dealer.

(a)(1) A consumer shall utilize the informal dispute settlement proceeding provided for in this subchapter prior to bringing any legal action to enforce the consumer's rights under this subchapter, if the manufacturer has made the disclosure required by subsection (b) of this section.

(2) However, if the manufacturer has not made the required disclosure, the consumer is not required to utilize the informal dispute settlement procedure pursuant to § 4-90-414 prior to any legal action to enforce the consumer's rights under this subchapter.

(b)(1)(A) At the time of the consumer's purchase or lease of the vehicle, the manufacturer, its agent, or an authorized dealer shall provide to the consumer a written statement that explains the consumer's rights and obligations under this subchapter.

(B) The manufacturer's authorized dealer shall obtain the consumer's signed acknowledgement of the receipt of the written statement explaining the consumer's rights and obligations under this subchapter.

(C) The manufacturer's authorized dealer shall maintain copies of the consumer's signed acknowledgement for a period of no fewer than five (5) years.

(2) The written statement shall be prepared by the Consumer Protection Division of the Office of the Attorney General and shall include the telephone number of the division that the consumer can contact to obtain information regarding his or her rights and obligations under this subchapter.

(3) For each failure of the manufacturer, its agent, or an authorized dealer to provide to a consumer the written statement required under this section or failure to retain a signed acknowledgement form, the manufacturer shall be liable to the State of Arkansas for a civil penalty of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000).

(c)(1) The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner's manual, that written notice of the nonconformity is required before the buyer may be eligible for a refund or replacement of the vehicle.

(2) The manufacturer shall provide the consumer with conspicuous notice of the address and phone number for its zone, district, or regional office for this state at the time of vehicle acquisition, to which the buyer must send notification.

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Ark. Code Ann. § 4-90-405
Required warranty repairs.

If a motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer during the motor vehicle quality assurance period, the manufacturer, its agent, or authorized dealer shall make repairs as are necessary to correct the nonconformity, even if the repairs are made after the expiration of the term of protection.

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Ark. Code Ann. § 4-90-406
Failure to make required repairs.

(a)(1) After three (3) attempts have been made to repair the same nonconformity that substantially impairs the motor vehicle, or after one (1) attempt to repair a nonconformity that is likely to cause death or serious bodily injury, the consumer shall give written notification, by certified or registered mail, to the manufacturer of the need to repair the nonconformity in order to allow the manufacturer a final attempt to cure the nonconformity.

(2) The manufacturer shall, within ten (10) days after receipt of the notification, notify and provide the consumer with the opportunity to have the vehicle repaired at a reasonably accessible repair facility, and, after delivery of the vehicle to the designated repair facility by the consumer, the manufacturer shall, within ten (10) days, conform the motor vehicle to the warranty.

(3) If the manufacturer fails to notify and provide the consumer with the opportunity to have the vehicle repaired at a reasonably accessible repair facility or fails to perform the repairs within the time periods prescribed in this subsection, the requirement that the manufacturer be given a final attempt to cure the nonconformity does not apply and a nonrebuttable presumption of a reasonable number of attempts to repair arises.

(b)(1)(A) If the manufacturer, its agent, or authorized dealer has not conformed the motor vehicle to the warranty by repairing or correcting one (1) or more nonconformities that substantially impair the motor vehicle after a reasonable number of attempts, the manufacturer, within forty (40) days, shall:

(i) At the time of its receipt of payment of a reasonable offset for use by the consumer, replace the motor vehicle with a replacement motor vehicle acceptable to the consumer; or

(ii) Repurchase the motor vehicle from the consumer or lessor and refund to the consumer or lessor the full purchase price or lease price, less a reasonable offset for use and less a reasonable offset for physical damage sustained to the vehicle while under the ownership of the consumer.

(B) The replacement or refund shall include payment of all collateral and reasonably incurred incidental charges.

(2)(A) The consumer shall have an unconditional right to choose a refund rather than a replacement.

(B) At the time of the refund or replacement, the consumer, lienholder, or lessor shall furnish to the manufacturer clear title to and possession of the motor vehicle.

(3) The amount of reasonable offset for use by the consumer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the consumer, including any charges for transportation and manufacturer-installed or agent-installed options, by a fraction having as its denominator one hundred twenty thousand (120,000) and having as its numerator the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer, its agent, or authorized dealer for correction of the problem that gave rise to the nonconformity.

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Ark. Code Ann. § 4-90-407
Refunds.

(a) (1) Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear.

(2) If applicable, refunds shall be made to the lessor and lessee as follows:

(A) The lessee shall receive the lessee cost less a reasonable offset for use; and

(B) The lessor shall receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle.

(b) If the manufacturer makes a refund to the lessor or lessee pursuant to this subchapter, the consumer's lease agreement with the lessor shall be terminated upon payment of the refund and no penalty for early termination shall be assessed.

(c) If a replaced vehicle was financed by the manufacturer, its subsidiary, or agent, the manufacturer, subsidiary, or agent may not require the buyer to enter into any refinancing agreement concerning a replacement vehicle that would create any financial obligations upon the buyer beyond those of the original financing agreement.

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Ark. Code Ann. § 4-90-408
Reimbursement of towing and rental costs.

Whenever a vehicle is replaced or refunded under this subchapter, the manufacturer shall reimburse the consumer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.

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Ark. Code Ann. § 4-90-409
Option to retain use of vehicle.

A consumer has the option of retaining the use of any vehicle returned under this subchapter until the time that the consumer has been tendered a full refund or a replacement vehicle of comparable value.

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Ark. Code Ann. § 4-90-410
Presumption of reasonable attempts to repair -- Extension of time to repair in case of war, invasion, strike, fire, flood, or natural disaster.
(a) A rebuttable presumption of a reasonable number of attempts to repair is considered to have been undertaken to correct a nonconformity if:

(1) The nonconformity has been subject to repair as provided in § 4-90-406(a), but the nonconformity continues to exist;

(2) The vehicle is out of service by reason of repair, or attempt to repair, any nonconformity for a cumulative total of thirty (30) calendar days; or

(3) There have been five (5) or more attempts on separate occasions to repair any nonconformities that together substantially impair the use and value of the motor vehicle to the consumer.

(b) (1) The thirty (30) calendar days in subdivision (a)(2) of this section shall be extended by any period of time during which repair services are not available as a direct result of war, invasion, strike, fire, flood, or natural disaster.

(2) The manufacturer, its agent, or authorized dealer shall provide or make provisions for the free use of a vehicle to any consumer whose vehicle is out of service beyond thirty (30) days by reason of delayed repair as a direct result of war, invasion, strike, fire, flood, or natural disaster.

(c) The burden is on the manufacturer to show that the reason for an extension under subsection (b) of this section was the direct cause for the failure of the manufacturer, its agent, or authorized dealer to cure any nonconformity during the time of the event.

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Ark. Code Ann. § 4-90-411
Diagnosis or repair -- Documentation.
(a) A manufacturer, its agent, or authorized dealer may not refuse to diagnose or repair any vehicle for the purpose of avoiding liability under this subchapter.

(b) (1) (A) A manufacturer, its agent, or authorized dealer shall provide a consumer with a written repair order each time the consumer's vehicle is brought in for examination or repair.

(B) The written repair order shall include a reference to each defect, nonconformity, or other complaint brought to the attention of the manufacturer, its agent, or authorized dealer by the consumer, and each presentation of the vehicle by the consumer for a reasonable opportunity to repair shall be a repair attempt for those defects, nonconformities, or other complaints noted in the written repair order.

(C) (i) However, in the case of a motor vehicle that is a motor home where two (2) or more manufacturers contributed to the construction of the motor home, it shall not count as a repair attempt if the repair facility at which the consumer presented the vehicle is not authorized by the manufacturer to provide warranty service on that vehicle.

(ii) In addition, it shall count as only one (1) repair attempt for a motor vehicle that is a motor home if the same nonconformity is being addressed a second time due to the consumer's decision to continue traveling and to seek the repair of that same nonconformity at another repair facility, rather than wait for the repair to be completed at the initial repair facility.

(2) The repair order must indicate all work performed on the vehicle, including examination of the vehicle, parts, and labor.

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Ark. Code Ann. § 4-90-412
Resale of returned nonconforming vehicle.

(a) If a motor vehicle has been replaced or repurchased by a manufacturer as the result of a court judgment, an arbitration award, or any voluntary agreement entered into between a manufacturer or a manufacturer through its authorized dealer and a consumer that occurs after a consumer has notified the manufacturer of the consumer's desire to utilize the informal dispute settlement proceeding pursuant to this subchapter or a similar law of another state, the motor vehicle may not be resold in Arkansas unless:

(1) The manufacturer provides the same express warranty the manufacturer provided to the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale, whichever occurs first; and

(2) The manufacturer provides a written disclosure, signed by the consumer, indicating that the vehicle was returned to the manufacturer because of a nonconformity not cured within a reasonable time as provided by Arkansas law.

(b) The written disclosure required by this section applies to the first resale to a retail customer of the vehicle in Arkansas by the manufacturer or its authorized dealer.

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Ark. Code Ann. § 4-90-413
Affirmative defenses.
It is an affirmative defense to any claim under this subchapter that:

(1) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle;

(2) The nonconformity, defect, or condition is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the motor vehicle by persons other than the manufacturer, its agent, or authorized dealer;

(3) The claim by the consumer was not filed in good faith; or

(4) Any other defense allowed by law that may be raised against the claim.

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Ark. Code Ann. § 4-90-414
Informal proceeding as precedent.
(a)(1) Any manufacturer doing business in this state, entering into franchise agreements for the sale of its motor vehicles in this state, or offering express warranties on its motor vehicles sold or distributed for sale in this state, shall operate or participate in an informal dispute settlement proceeding located in the State of Arkansas which complies with the requirements of this section.

(2) The provisions of § 4-90-406(b)(1) and (2) concerning refunds or replacement do not apply to a consumer who has not first used this informal proceeding before commencing a civil action, unless the manufacturer allows a consumer to commence an action without first using this informal proceeding, or unless the manufacturer has failed to make the disclosure required by § 4-90-404(b).

(3)(A) The consumer shall receive adequate written notice from the manufacturer of the existence of the proceeding.

(B) Adequate written notice may include the incorporation of the informal dispute settlement proceeding into the terms of the written warranty to which the motor vehicle does not conform.

(b) The informal dispute proceeding shall meet the following criteria:

(1) The informal dispute proceeding must comply with the minimum requirements of the Federal Trade Commission for informal dispute settlement proceedings as set forth in 16 C.F.R. § 703.1 et seq., as in effect on the date of adoption of this subchapter, unless any provision of 16 C.F.R. § 703.1 et seq. is in conflict with this subchapter, in which case the provisions of this subchapter shall govern;

(2) The informal dispute proceedings must prescribe a reasonable time, not to exceed thirty (30) days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions;

(3)(A) No documents shall be received by any informal dispute proceeding unless those documents have been provided to each of the parties in the dispute at or prior to the proceeding, with an opportunity for the parties to comment on the documents either in writing or orally.

(B) If a consumer is present during the informal dispute proceeding, the consumer may request postponement of the proceeding meeting to allow sufficient time to review any documents presented at the time of the meeting, which had not been presented to the consumer prior to the time of the meeting;

(4)(A) The informal dispute proceeding shall allow each party to appear and make an oral presentation within the State of Arkansas, unless the consumer agrees to submit the dispute for decision on the basis of documents alone or by telephone, or unless the party fails to appear for an oral presentation after reasonable prior written notice.

(B) If the consumer agrees to submit the dispute for decision on the basis of documents alone, then the manufacturer or dealer representatives may not participate in the discussion of the dispute;

(5) Consumers shall be given an adequate opportunity to contest a manufacturer's assertion that a nonconformity falls within intended specifications for the vehicle by having the basis of the manufacturer's claim appraised by a technical expert selected and paid for by the consumer prior to the informal dispute settlement hearing;

(6) A consumer may not be charged with a fee to participate in an informal dispute proceeding; and

(7) Any party to the dispute has the right to be represented by an attorney in an informal dispute proceeding.

(c)(1) The informal dispute proceeding shall annually submit a pool of not fewer than six (6) members to the Consumer Protection Division of the Office of the Attorney General.

(2) Selected strictly by rotation, one (1) member shall hear disputes scheduled for a particular session unless the consumer requests a panel of three (3) members, in which case three (3) members, also selected by rotation, shall hear disputes scheduled for a particular three-member session.

(3) If the informal dispute proceeding deems it appropriate to require the services of an independent investigator, the investigator shall be selected from a pool of not fewer than four (4) members who are submitted annually to the division and from which the particular investigator shall be selected strictly by rotation.

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Ark. Code Ann. § 4-90-415
Enforcement -- Exclusivity -- Costs and expenses.

(a) A consumer may bring a civil action to enforce this subchapter in a court of competent jurisdiction.

(b) This subchapter does not limit the rights and remedies that are otherwise available to a consumer under any applicable provisions of law.

(c) A consumer who prevails in any legal proceeding under this subchapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based upon actual time expended by the attorney, determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action.

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Ark. Code Ann. § 4-90-416
Time limitation for commencement of action.

(a) An action brought under this subchapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer.

(b) When the buyer has commenced an informal dispute settlement procedure described in § 4-90-414, the two-year period specified in subsection (a) of this section begins to run at the time the informal dispute settlement procedure is being commenced.

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Ark. Code Ann. § 4-90-417
Deceptive trade practices.

A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under § 4-88-101 et seq.

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Ark. Code Ann. § 4-90-501
Short title.
This subchapter is known and may be cited as the “Motor Vehicle Service Contract Act”.

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Ark. Code Ann. § 4-90-502
Definitions.
For purposes of this subchapter:

(1) “Commissioner” shall mean the Insurance Commissioner for the State of Arkansas;

(2) “Mechanical breakdown insurance” shall mean a policy, contract, or agreement that undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle due to a defect in materials or workmanship or normal wear and tear and that is issued by an insurer that is authorized or approved to transact the business of insurance in this state;

(3) “Motor vehicle” shall mean any vehicle designed for highway use and subject to registration under § 27-14-701 et seq.;

(4) “Motor vehicle service contract” or “service contract” shall mean a contract or agreement given for separate and identifiable consideration pursuant to which a service contract provider undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle due to a defect in materials or workmanship or normal wear and tear, but does not include mechanical breakdown insurance;

(5) “Motor vehicle service contract provider” or “provider” shall mean a person who, as the principal or obligor, issues, makes, sells, or offers to sell a service contract;

(6) “Motor vehicle service contract reimbursement insurance policy” shall mean a policy of insurance providing coverage for all obligations and liabilities incurred by a motor vehicle service contract provider under the terms of the motor vehicle service contracts issued or sold by the provider; and

(7) “Service contract holder” or “holder” shall mean the person who purchases a service contract or a permitted transferee.

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Ark. Code Ann. § 4-90-503
Effective Date.
This subchapter shall apply to motor vehicle service contracts sold on or after May 1, 1993.

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Ark. Code Ann. § 4-90-504
Applicability; Exemptions; "Affiliate" Defined.
(a) Except as provided in this subchapter, motor vehicle service contract providers shall be governed by the provisions of this subchapter and shall be exempt from all other provisions of the Arkansas Insurance Code.

(b) Nothing in this subchapter shall, however, prohibit or affect the giving, free of charge, of the usual warranties or performance guarantees by manufacturers, distributors, or dealers in connection with the sale of new motor vehicles; further, the requirements of this subchapter shall not apply to motor vehicle service contracts issued by a motor vehicle manufacturer, distributor, importer, or dealer of motor vehicles, nor shall the requirements of this subchapter apply to any nonrenewable motor vehicle service contract issued for a period of less than six (6) months, provided that the issuer of such motor vehicle service contract is the entity which sold the motor vehicle to which the service contract applies or is an affiliate of such entity.

(c) For purposes of this subchapter, an “affiliate” is an entity whose ownership is held fifty-one percent (51%) or more by the same entity which holds fifty-one percent (51%) or more ownership of the seller of the motor vehicle.

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Ark. Code Ann. § 4-90-505
Required Insurance.
(a) No motor vehicle service contract shall be issued, sold, or offered for sale in this state unless the motor vehicle service contract provider is insured under a motor vehicle service contract reimbursement insurance policy issued by an insurer authorized to do business in this state, and providing that the insurer will pay on behalf of the provider all sums which the provider is legally obligated to pay and will guarantee the performance of the provider's obligations undertaken according to the provider's contractual obligations under the service contracts issued or sold by the provider.

(b) No policy of insurance may be cancelled, terminated, or nonrenewed by the insurer unless a sixty-day written notice has been given to the motor vehicle service contract provider before the date of the cancellation, termination, or nonrenewal.

(c) No cancellation, termination, or nonrenewal shall affect the liability of the insurer to guarantee the provider's performance under the motor vehicle service contracts issued or sold prior to the effective date of cancellation or termination or nonrenewal.

(d) The insured motor vehicle service contract must conspicuously state:

(1) That the obligations of the provider to the service contract holder are guaranteed under a motor vehicle service contract reimbursement insurance policy;

(2) The name, address, and telephone number of the issuer of the provider's motor vehicle service contract reimbursement insurance policy; and

(3) The procedure for filing a claim under the service contract directly with the motor vehicle service contract reimbursement insurer.

(e) The motor vehicle service contract reimbursement insurer shall establish and maintain unearned premium reserves and claims reserves for the gross policy obligations under the motor vehicle service contract reimbursement insurance policy, net of reinsurance ceded, for which the insurer is entitled to full reserve credit on its financial statements, in accordance with the provisions of this subchapter.

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Ark. Code Ann. § 4-90-506
Required Disclosures.
All motor vehicle service contracts issued or sold for delivery in this state shall contain the following disclosures in a conspicuous and readable manner:

(1) The name and address of the provider and the holder;

(2) The total retail price of the service contract;

(3) The procedure for making a claim under the service contract, including the name, address, and telephone number of any person from whom approval is required before covered repairs may be commenced;

(4) The existence and amount of a deductible, if any;

(5) The motor vehicle parts and components covered under the service contract, and any limitations, exceptions, or exclusions;

(6) The terms, conditions, and restrictions governing transferability of the service contract, if any;

(7) The provisions governing termination and refunds in accordance with § 4-90-507; and

(8) A statement that purchase of the motor vehicle service contract is not required in order to purchase or obtain financing for a motor vehicle.

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Ark. Code Ann. § 4-90-507
Cancellation.
No motor vehicle service contract may be issued, sold, or offered for sale or delivery in this state unless the service contract conspicuously states that the holder is allowed to cancel the service contract:

(1) Within thirty (30) days of its purchase, if no claim has been made, and receive a full refund of the service contract retail price, less any cancellation fee stated in the service contract not exceeding fifty dollars ($50.00); or

(2) At any other time, and receive a pro rata refund of the service contract retail price for the unexpired term of the service contract based on the number of elapsed months or miles, less any cancellation fee stated in the service contract not exceeding fifty dollars ($50.00).

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Ark. Code Ann. § 4-90-508
Reimbursement for Expenses.
A motor vehicle service contract may provide reimbursement for towing and rental vehicle expenses incurred by the service contract holder as a direct and proximate result of an operational or structural failure covered by the service contract, emergency road service, and such other incidental benefits as may be approved by the Insurance Commissioner.

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Ark. Code Ann. § 4-90-509
Rules and Regulations.
(a) The Insurance Commissioner may adopt such administrative rules and regulations as are necessary to implement the provisions of this subchapter.

(b) The commissioner may promulgate rules and regulations providing for the filing with the commissioner of motor vehicle service contract forms by providers authorized under § 4-90-504; provided, that any such rules and regulations may not require the approval of such forms by the commissioner prior to their initial use.

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Ark. Code Ann. § 4-90-510
Investigations; Enforcement.
(a) The Insurance Commissioner is authorized to conduct such investigations of the motor vehicle service contract business, of any provider, and of any person assisting the provider in the conduct of such business as the commissioner may deem necessary.

(b) The commissioner shall have and may exercise all of the powers conferred by §§ 23-61-103, 23-61-108 -- 23-61-110, 23-61-201(a)(1), 23-61-203 -- 23-61-206, and 23-61-301 et seq. in the conduct of such investigations and in the enforcement of this subchapter and any rules and regulations promulgated by the commissioner.

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Ark. Code Ann. § 4-90-511
Unfair Trade Practices.
Motor vehicle service contract providers shall be subject to the provisions of the Trade Practices Act, § 23-66-201 et seq., to the extent such act may be appropriately applied to motor vehicle service contract providers given the nature of such contracts.

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Ark. Code Ann. § 4-90-512
Form of Contracts
No motor vehicle service contract may be issued which:

(1) Is in any respect in violation of or does not comply with this subchapter, any specifically applicable provision of the Arkansas Insurance Code, or any applicable rule of the department;

(2) Contains, or incorporates by reference when such incorporation is otherwise permissible, any inconsistent, ambiguous, illusory, or misleading clauses, or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the service agreement;

(3) Has any title, heading, or other indication of its provisions which is misleading;

(4) Is printed or otherwise reproduced in such manner as to render any material provision of the form substantially illegible;

(5) Contains any provision which is unconscionable or which encourages misrepresentation;

(6) Contains any provision which makes it difficult to determine the actual provider issuing the form; or

(7) Contains any provision for reducing claim payments due to depreciation of parts.

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Ark. Code Ann. § 4-90-701
Definition.

As used in this subchapter, "debt cancellation agreement" means a loan term or contractual arrangement modifying a loan term dealing with motor vehicles under which a lender agrees to cancel all or part of a borrower's obligation to repay an extension of credit from the lender upon the occurrence of a specified event other than the death or disability of the borrower, whether or not separate from or a part of other loan documents. Provided, however, for purposes of this subchapter only, the term "debt cancellation agreement" shall not include that form of debt cancellation agreement which constitutes a guaranteed automobile protection waiver agreement or "GAP" waiver agreement. A guaranteed automobile protection waiver agreement or "GAP" waiver agreement means a loan term or a contractual arrangement modifying a loan term dealing with motor vehicles under which a lender agrees to waive, cancel, pay, or satisfy any remaining balance owed on a loan after a total loss or theft of the vehicle.

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Ark. Code Ann. § 4-90-702
Requiring borrower to purchase debt cancellation agreement prohibited.
A lender shall not require a borrower to purchase a debt cancellation agreement.

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Ark. Code Ann. § 4-90-703
Debt cancellation agreements to be legible -- Disclosure requirements.
All terms of a debt cancellation agreement shall be printed or reproduced to render all material provisions of the agreement legible and shall clearly and conspicuously disclose the following information:

(1) If the debt cancellation agreement is provided by or administered by a third party, the debt cancellation agreement shall disclose that fact and provide the name, address, and telephone number of the third party and describe the procedure to follow for filing a claim with that third party under the debt cancellation agreement;

(2) The total retail price of the debt cancellation agreement;

(3) Any limitation or restriction on the cancellation of the entire debt due upon the occurrence of the specified event;

(4) That the purchaser is allowed to cancel the debt cancellation agreement at any time and receive a refund paid directly to the purchaser minus any cancellation fee not to exceed twenty-five dollars ($25.00) as follows:

(A) If the debt cancellation agreement is cancelled within thirty (30) days of purchase, a purchaser shall receive a full refund of the retail price; or

(B) If the debt cancellation agreement is cancelled at a later time, the purchaser shall receive a pro rata refund of the retail price for the unexpired term based upon the number of elapsed months at the time of the cancellation compared to the total length of the financing agreement; and

(5) That the terms of the debt cancellation agreement financed by the lender are binding on the lender.

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Ark. Code Ann. § 4-90-704
Debt cancellation agreements -- Restrictions.

No debt cancellation agreement shall be issued that:

(1) Is in any respect in violation of or does not comply with this subchapter;

(2) Contains or incorporates by reference if incorporation by reference is otherwise permissible any inconsistent, ambiguous, illusory, or misleading clauses or exceptions and conditions that deceptively affect the material terms of the debt cancellation agreement;

(3) Has a title, heading, or other indication of its provisions that is misleading; or

(4) Is sold after any representation, oral or written, that is misleading or deceptive with respect to any material term of the contract or any provision of this subchapter.

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Ark. Code Ann. § 4-90-705
Application of § 4-88-101 et seq. to debt cancellation agreements and sellers of debt cancellation agreements.

(a) Debt cancellation agreements and sellers of debt cancellation agreements are subject to the provisions of § 4-88-101 et seq., and any violation of any of the provisions of this subchapter constitutes an unconscionable or deceptive act or practice under § 4-88-101 et seq.

(b) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. are available to the Attorney General for the enforcement of this subchapter.

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Ark. Code Ann. § 4-91-101
Title.
This chapter may be known and cited as the “Credit Services Organizations Act of 1987”.

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Ark. Code Ann. § 4-91-102
Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Buyer” means any individual who is solicited to purchase or who purchases the services of a credit services organization;

(2)(A) “Credit services organization” means any person or entity that, with respect to the extension of credit by others, sells, provides, performs, or represents that the person or entity will sell, provide, or perform, in return for the payment of money or other valuable consideration, any of the following services:

(i) Improve a buyer's credit record, history, or rating;

(ii) Obtain an extension of credit for a buyer; or

(iii) Provide advice or assistance to a buyer with regard to either subdivisions (2)(A)(i) or (ii) of this section.

(B) “Credit services organization” does not include:

(i) Any person or entity authorized to make loans or extensions of credit under the laws of this state or the United States, which person or entity is subject to regulation and supervision by this state or the United States or a lender approved by the United States Secretary of Housing and Urban Development for participation in any mortgage insurance program under the National Housing Act;1

(ii) Any bank, savings bank, or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, or a subsidiary of such bank, savings bank, or savings and loan institution;

(iii) Any credit union, federal credit union, or out-of-state credit union doing business in this state;

(iv) Any nonprofit organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code;

(v) Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license;

(vi) Any person licensed as a collection agency under the laws of this state if the person is acting within the course and scope of that license;

(vii) Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney;

(viii) Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker-dealer is acting within the course and scope of that regulation; or

(ix) Any consumer reporting agency as defined in the federal Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681t; and

(3) “Extension of credit” means the right, offered or granted primarily for personal, family, or household purposes, to defer payment of debt or to incur debt and defer its payment.

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Ark. Code Ann. § 4-91-103
Waiver of rights.
(a) Any waiver by a buyer of any part of this chapter is void. Any attempt by a credit services organization to have a buyer waive rights given by this chapter is a violation of this chapter.

(b) In any proceeding involving this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

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Ark. Code Ann. § 4-91-104
Violations.
(a) Any person who violates this chapter is guilty of a Class A misdemeanor. Any court of competent jurisdiction in this state may restrain and enjoin any violation of this chapter.

(b) This section and § 4-91-103 shall not limit or restrict the right of any person to pursue any appropriate remedy at law for a violation of this chapter.

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Ark. Code Ann. § 4-91-105
Damages.
(a) Any buyer suffering damages as a result of a violation of this chapter by any credit services organization may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case shall the amount be less than the amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and costs. An award may also be entered for punitive damages.

(b) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct otherwise provided by law.

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Ark. Code Ann. § 4-91-106
Prohibited acts.

(a) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following:

(1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond of ten thousand dollars ($10,000) issued by a surety company admitted to do business in this state and has established a trust account at a federally insured bank or savings and loan association located in this state;

(2) Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public;

(3) Make, counsel, or advise any buyer to make, any statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is untrue or misleading or that should be known by the exercise of reasonable care to be untrue or misleading to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or

(4) Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization.

(b) If a credit services organization is in compliance with subdivision (a)(1) of this section, the salesperson, agent, or representative who sells the services of that organization is not required to obtain a surety bond and establish a trust account.

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Ark. Code Ann. § 4-91-107
Information statement -- Requirements.

(a) Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer with a statement in writing containing all the information required by § 4-91-108.

(b) The credit services organization shall maintain on file for a period of two (2) years an exact copy of the statement, personally signed by the buyer, acknowledging receipt of a copy of the statement.

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Ark. Code Ann. § 4-91-108
Information statement -- Contents.

The information statement required under § 4-91-107 shall include all of the following:

(1)(A) A complete and accurate statement of the buyer's right to review any file on the buyer maintained by any consumer reporting agency, as provided under the federal Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681t;

(B) A statement that the buyer may review his or her consumer reporting agency file at no charge if a request is made to the consumer reporting agency within thirty

(30) days after receiving notice that credit has been denied; and

(C) The approximate price the buyer will be charged by the consumer reporting agency to review his or her consumer reporting agency file;

(2) A complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by any consumer reporting agency;

(3) A complete and detailed description of the services to be performed by the credit services organization for the buyer and the total amount the buyer will have to pay, or become obligated to pay, for the services;

(4) A statement asserting the buyer's right to proceed against the bond or trust account required under § 4-91-106(a); and

(5) The name and address of the surety company that issued the bond or the name and address of the depository and the trustee and the account number of the trust account.

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Ark. Code Ann. § 4-91-109
Contract requirements -- Notice of cancellation.
(a) (1) Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, and signed by the buyer and shall include all of the following:

(A) A conspicuous statement in boldface type, in immediate proximity to the space reserved for the signature of the buyer, as follows: "You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right";

(B) The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person;

(C) A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the services are to be performed or the estimated length of time for performing the services; and

(D) The credit services organization's principal business address and the name and address of its agent in this state authorized to receive service of process.

(2) The contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation", that shall be attached to the contract, be easily detachable, and contain in boldface type the following statement written in the same language as used in the contract:

"Notice of Cancellation"

(b) The credit services organization shall give to the buyer a copy of the completed contract and all other documents the credit services organization requires the buyer to sign at the time they are signed.

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Ark. Code Ann. § 4-92-101
Title.

This chapter shall be known and may be cited as the “Rental Purchase Act”.

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Ark. Code Ann. § 4-92-102
Definitions.
As used in this chapter, unless the context otherwise requires:

(1) “Advertisement” means a commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for in-store merchandising aids;

(2) “Consumer” means a person who leases personal property under a rental-purchase agreement;

(3) “Merchandise” means the personal property that is the subject of a rental-purchase agreement;

(4) “Lessor” means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement and includes a person who is assigned an interest in a rental-purchase agreement;

(5) “Person” means an individual, corporation, partnership, organization, or any other entity;

(6) “Reinstatement period” means the period of time specified in § 4-92-106 during which a consumer may either pay delinquent rent or return merchandise and thereby retain the right to have the rental-purchase agreement reinstated; and

(7) “Rental-purchase agreement” means an agreement for the use of merchandise by a consumer for personal, family, household, or business purposes for an initial period of four (4) months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the merchandise after the initial period, and that permits the consumer to become the owner of the merchandise, but does not obligate the consumer to purchase or become the owner of the merchandise.

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Ark. Code Ann. § 4-92-103
Liability of lessor.

(a) A consumer damaged by a violation of this chapter by a lessor is entitled to recover from the lessor:

(1) Actual damages;

(2) Twenty-five percent (25%) of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved. However, the amount recovered under this subdivision (a)(2) may not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and

(3) Reasonable attorney's fees not to exceed fifteen percent (15%) of the consumer's allowable recovery and court costs.

(b)(1) Any execution or enforcement of a rental-purchase agreement in violation of this chapter or any other violation of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this chapter.

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Ark. Code Ann. § 4-92-104
Agreement -- Nature.

An agreement which conforms with the definition as set forth in § 4-92-102(7) shall be a true lease and shall not constitute a credit sale, retail installment contract, agreement, obligation, or any other type of credit sale financing device, nor shall it create a security interest as that term is defined in § 4-1-201(37). Until the lessor transfers title to the merchandise to the consumer, the relationship of the parties to a rental-purchase agreement shall be that of a lessor and lessee and not that of a seller and buyer, and title to the merchandise shall remain vested with the lessor.

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Ark. Code Ann. § 4-92-105
Agreement -- Provisions prohibited and required.
(a) A rental-purchase agreement shall not contain a provision:

(1) Requiring a confession of judgment;

(2) Authorizing a merchant or agent of the merchant to commit a breach of the peace while repossessing merchandise;

(3) Waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant; or

(4) Requiring the purchase of insurance from the merchant to cover the merchandise.

(b) A rental-purchase agreement must disclose:

(1) Whether the merchandise is new or used;

(2) The amount and timing of regular rental payments;

(3) The total number of payments necessary and the total amount to be paid to acquire ownership;

(4) The amounts and purpose of any other payment, charge, or fee in addition to the regular periodic rental payment;

(5) That the consumer does not acquire any ownership rights until the consumer has complied with the ownership terms of the agreement;

(6) Whether the consumer is liable for loss or damage to the merchandise, and if so, the maximum amount for which the consumer may be held liable; and

(7) Notice of the right to reinstate an agreement as provided in § 4-92-106(a).

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Ark. Code Ann. § 4-92-106
Reinstatement.
(a) A consumer who fails to make a timely rental payment may reinstate an agreement without losing any rights or options previously acquired by either paying all rental and other charges due or returning the merchandise to the lessor within five (5) business days from the date of the last scheduled rental payment if the consumer pays rent monthly, or within two (2) business days from the date of the last scheduled rental payment if the consumer pays more frequently than monthly.

(b) Nothing in this section shall prevent the accrual of any late charges or reinstatement fees charged by the lessor.

(c) Nothing in this section shall prevent the lessor from attempting to repossess the merchandise during the reinstatement period, but the consumer's right to reinstate an agreement shall not expire because of the repossession.

(d) If the merchandise is returned during the applicable reinstatement period, other than through judicial process, the right to reinstate shall be extended for a period of not less than thirty (30) days after the date of the return of the merchandise.

(e) No consumer shall have the right to reinstate more than three (3) times during the term of any one (1) rental-purchase agreement.

(f) On reinstatement, the lessor shall provide the consumer with the same merchandise or shall substitute merchandise of comparable quality and condition. However, the lessor shall not be required to provide new disclosures upon reinstatement.

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Ark. Code Ann. § 4-92-107
Advertising Requirements.
Any advertisement for a rental-purchase agreement must clearly and conspicuously state that the advertised transaction is a rental-purchase transaction.

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Ark. Code Ann. § 4-93-101
Citation.
This chapter may be known and cited as the “Credit Reporting Disclosure Act of 1989”.

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Ark. Code Ann. § 4-93-102
Definitions.
As used in this chapter, the terms “consumer”, “consumer report”, “consumer reporting agency”, and “person” have the same meaning as used in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681, 84 Stat. 1128.

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Ark. Code Ann. § 4-93-103
Notice Requirement.
Whenever credit, the further extension of existing credit, or the increase in limits of existing credit for personal, family, or household purposes is denied either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom such adverse action has been taken.

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Ark. Code Ann. § 4-93-104
Notice Contents.
(a) The notification of adverse action shall be in writing and shall contain:

(1) A statement of the action taken;

(2) The name and address of the creditor;

(3) The name and address of the consumer reporting agency making the report; and

(4) The social security number of the consumer, provided that the social security number has been given to the user of the consumer report by the consumer or is contained in the consumer report received from the consumer reporting agency.

(b) Any person who fails to provide the notification required by this chapter shall be liable to the injured party for actual damages.

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Ark. Code Ann. § 4-94-101
Title.

This chapter shall be known and may be cited as the “Health Spa Consumer Protection Act”.

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Ark. Code Ann. § 4-94-102
Definitions.

As used in this chapter, unless the context otherwise requires:

(1) "Buyer" means a person who contracts for and purchases services under a health spa services contract;

(2) "Contract for health spa services" means a written agreement whereby a buyer purchases or is obligated to purchase the health spa services or a right to use its facilities;

(3) (A) "Health spa" means and includes any person, firm, corporation, organization, club, or association engaged in the sale of memberships in a program of physical exercise which includes the use of one (1) or more of a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, or engaged in the sale of the right or privilege to use exercise equipment or facilities, such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device.

(B) The term "health spa" shall not include the following:

(i) Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;

(ii) Any organization primarily operated for the purpose of teaching a particular form of martial arts, such as judo or karate;

(iii) Any nonprofit public or private school, college, or university;

(iv) Any country club; or

(v) Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months; and

(4) "Seller" means the person, corporation, partnership, association, or group that is engaged in the operation of the health spa, as defined in this section and who offers for sale the right to use health spa facilities or services, now or in the future.

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Ark. Code Ann. § 4-94-103
Scope of chapter.
The provisions of this chapter are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law.

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Ark. Code Ann. § 4-94-104
Written contract required -- Delivery to buyer.

(a) Every contract for health spa services shall be in writing and be subject to the provisions of this chapter.

(b) A copy of the written contract shall be given to the buyer at the time the contract is executed.

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Ark. Code Ann. § 4-94-105
Void or voidable provisions -- Waiver.
(a) Any contract for health spa services which does not comply with the applicable provisions of this chapter shall be voidable at the option of the buyer.

(b) (1) Any contract for health spa services entered into in reliance upon any willful and false, fraudulent, or misleading information, representation, notice, or advertisement of the seller shall be void and unenforceable.

(2) (A) Any attempted enforcement of a health spa services contract in violation of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(B) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this chapter.

(c) Any waiver of the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.

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Ark. Code Ann. § 4-94-106
Registration statement.

(a) Any person, corporation, partnership, association, or group intending to open or operate a health spa shall file an annual registration statement with the office of the Secretary of State prior to the sale of any contracts for health spa services.

(b) The registration statement shall contain:

(1) The name and address of the health spa;

(2) The names and addresses of the officers, directors, and stockholders of the health spa and its parent corporation, if such entity exists; and

(3) The types of available facilities.

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Ark. Code Ann. § 4-94-107
Payment period.
No contract for health spa services shall require payments or financing by the buyer over a period in excess of twenty-five (25) months from the date the contract is entered into, nor shall the term of any contract be measured by or be for the life of the buyer; however, the availability of the health spa facilities to the buyer and under the contract may extend over a period not to exceed two (2) years from the date the contract is entered into, with the right to renew for additional periods of equal length.

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Ark. Code Ann. § 4-94-108
Time for performance.
(a) Every contract for health spa services to be rendered at an existing health spa facility shall provide that the performance of the agreed-upon services will begin within forty-five (45) days from the date the contract is entered into.

(b) Every contract for health spa services at a planned spa facility or spa facility under construction shall, at the option of the buyer, be voidable in the event that the health spa facilities and the agreed-upon services are not available within one hundred eighty (180) days from the date the contract is entered into.

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Ark. Code Ann. § 4-94-109
Cancellation of contracts.
(a)(1) Contracts for health spa services may be cancelled within three (3) business days after the date of receipt by the buyer of a copy of the contract by written notice to the seller at the address specified in the contract.

(2) The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer.

(3) All moneys paid pursuant to the contract shall be refunded within thirty (30) days of receipt of the notice of cancellation.

(b)(1) Every contract for health spa services shall provide that, after the three-day period of cancellation as provided in subsection (a) of this section, the buyer's estate may cancel a contract for services if the buyer dies.

(2) The buyer may also cancel after three (3) days if the buyer becomes totally and permanently physically disabled or moves his or her residence to a location more than fifty (50) miles from a health club operated by the seller or a substantially similar health club facility which would accept the seller's obligation under the contract or after the services are no longer available as provided in the contract because of the seller's permanent discontinuance of operation.

(3) Nothing contained in this section or § 4-94-108 shall restrict or prohibit the seller from offering or providing in the contract additional or broader reasons for cancellation.

(c)(1) The health spa shall have the right to require and verify reasonable evidence of permanent physical relocation, permanent physical disability, or death.

(2) In the case of permanent disability, the health spa may also require in the contract that the buyer submit to a physical examination by a doctor agreeable to the buyer and the health club.

(d) All moneys paid pursuant to any contract cancelled for the reasons contained in this section shall be refunded within thirty (30) days of receipt of the notice of cancellation; provided, however, that the seller may retain the benefits conferred and that portion of the total price representing the services used or completed, and further provided that the seller may receive the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller receive more than the full contract price from the buyer except for goods and services consumed by the buyer separate from the contract. If the buyer has executed any credit or loan agreement to pay for all or part of health spa services, then the credit or loan agreement executed by the buyer shall also be returned within thirty (30) days.

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Ark. Code Ann. § 4-95-101.
Title.

This chapter may be known and cited as the “Arkansas Mail and Telephone Consumer Product Promotion Fair Practices Act”.

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Ark. Code Ann. § 4-95-102. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) “Consumer product” means a good or service purchased, leased, or rented primarily for personal, family, or household purposes, including a course of instruction or training, regardless of the purpose for which it is taken;

(2) “Division” means the Consumer Protection Division of the Office of the Attorney General as created under § 4-88-105;

(3) “Gift or prize” means any premium, bonus, award, or any other similar language of inducement or incentive to purchase a consumer product;

(4) “Pay-per-call” means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time interval charge that is greater than, or in addition to, the charge for transmission of the call;

(5) “Person” means any individual, organization, group, association, partnership, corporation, or any combination of them; and

(6)(A) “Product promoter” means any person who individually or through an agent and by means of a written notice sent through the mail or by telephone:

(i) Offers a gift, prize, or award with the intent to sell, lease, or rent any consumer product;

(ii) Solicits to sell, lease, or rent a consumer product, in which the consumer product and all the material terms of the transaction, including the price, handling, shipping, delivery, or any other fee are not fully described and which requests the consumer contact the seller to complete the transaction; or

(iii) Offers by gift, prize, or award any consumer product in which all material terms regarding the requirements of receiving such gift, prize, or award are not fully described.

(B) The term “product promoter” does not include any activities of nonprofit or charitable organizations exempt from federal income taxation under § 501(c)(3) of the United States Internal Revenue Code, 26 U.S.C. § 501(c)(3).

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Ark. Code Ann. § 4-95-103
Criminal offenses.
Any person who knowingly commits a practice defined as unlawful in this chapter shall be guilty of a Class B misdemeanor and upon conviction in the appropriate court of any county in this state in which any portion of the unlawful practice occurred shall be subject to punishment accordingly. If the amount in question solicited exceeds two hundred dollars ($200), the offense shall constitute a Class D felony.

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Ark. Code Ann. § 4-95-104
Civil Enforcement.
In addition to the criminal penalty imposed in § 4-95-103, the Consumer Protection Division shall have authority to file a petition in the Pulaski County Circuit Court for civil enforcement of the provisions of this chapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or any other entity from engaging in any unlawful practice. Violation of any of the provisions of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to him or her or the enforcement of this chapter.

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Ark. Code Ann. § 4-95-105
Offers of gifts or prizes.

(a) It shall be an unlawful practice under this chapter for any product promoter to enforce or to attempt to enforce an agreement for a consumer product not in compliance with the requirements of this chapter.

(b) It shall be an unlawful practice under this chapter for any person to offer a gift, prize, or award by means of written notice sent through the mail or by telephone with the intent to sell, lease, or rent a consumer product, or to initiate the sale, lease, or rental of a consumer product when, at the time of such offer, the consumer product and all the material terms of the transaction, including the price, handling, shipping, delivery, or any other fee, are not fully described, unless done so in compliance with this chapter.

(c) It shall be an unlawful practice for any person to offer a gift, prize, or award by means of written notice sent through the mail or by telephone with the intent to receive a payment of any money when at the time of such offer all of the material terms of the transaction, including handling, shipping, delivery, or any other fee, are not fully described and:

(1) Which requests the consumer to further the transaction by calling a 900 number or "pay-per-call"; or

(2) Which requests the consumer to send payment to claim the prize.

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Ark. Code Ann. § 4-95-106
Purchase agreements generally.
(a) Any agreement by a consumer to obtain a consumer product from a product promoter is not enforceable unless it is in writing, it contains the signature of the consumer, and it contains the following information:

(1) The name and address and telephone number of the product promoter;

(2) A list of the price or fee, including any handling, shipping, delivery, or other charges, being requested from the consumer;

(3) The date of the transaction;

(4) A detailed description of the consumer product; and

(5) In a type size of a minimum of 12-points, in a space immediately preceding the space allotted for the consumer's signature, the disclosure statement: "YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE SELLER."

(b) (1) If the consumer sends a payment to the product promoter in the form of cash, check, money order, or other form of payment without having included a signed copy of the agreement to obtain the consumer product, the consumer may cancel the transaction by notifying the product promoter in writing by certified mail with return receipt requested and returning the consumer product to the product promoter in substantially the same condition as he or she received the product.

(2) A product promoter who has received written notice of cancellation from a consumer, within ten (10) business days of the receipt of the notice, shall:

(A) Refund all payments made, including any down payment made under the agreement;

(B) Return any good or product traded in to the product promoter on account of or in contemplation of the agreement, in substantially the same condition as when it was received by the product promoter; and

(C) Take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement.

(c) A consumer product transaction is considered to have taken place in the State of Arkansas, regardless of the location of the product promoter, when the consumer has received an offer of a gift or prize or an initiation of a product transaction from the product promoter through the mail at an address within the state or through a telephone contact at a site within the state.

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Ark. Code Ann. § 4-95-107
Exemptions.
This chapter shall not apply to a consumer product transaction:

(1) That has been made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a business establishment that has a fixed permanent location and where the consumer products are displayed or offered for sale, lease, or rent on a continuing basis;

(2) When the business establishment making the solicitation has made a related prior sale to the consumer or has a clear, continuing business relationship with the consumer, provided that the relationship resulted in the consumer's becoming aware of the full name, business address, and telephone number of the establishment; or

(3) When the consumer obtains a consumer product pursuant to an examination of a television, radio, or print advertisement or a sample brochure, catalog, or other mailed material of the product promoter which contains:

(A) The name, address, and telephone number of the product promoter;

(B) A full description of the consumer product along with a list of the price or fee being requested, including any handling, shipping, or delivery charge; and

(C) Any limitations or restrictions that apply to the offer.

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Ark. Code Ann. § 4-95-108
Violation of subchapter renders agreement void -- Waiver.

(a) Any agreement for sale, lease, or rent of a consumer product by a product promoter in violation of this chapter is void and unenforceable.

(b) Any waiver or attempt to waive any of the provisions of this chapter shall be void and unenforceable.

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Ark. Code Ann. § 4-97-101
Title.

This chapter may be cited as the “Arkansas Retail Pet Store Consumer Protection Act of 1991”.

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Ark. Code Ann. § 4-97-102
Legislative intent.
It is the purpose of this chapter to require certain guarantees from retail pet stores to the purchasers of dogs and cats which are consistent with their unique status as companions rather than commodities. A further purpose is to provide a means by which it can be ensured that the treatment, care, and disposition of those animals is humane and that the treatment, care, and disposition are consistent with providing to the retail consumer animals which are physically and temperamentally sound, healthy, and fit as companions; to provide a means by which the acquisition and care of those animals can be monitored; and to ensure that the animals and facilities are managed in a manner noninjurious to the public health. Therefore, it is hereby determined and declared that the supervision by the state of the sale of dogs and cats by retail pet stores, and the inspection of such animals, whether or not found within the public area of the store, is within the public interest.

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Ark. Code Ann. § 4-97-103
Definitions.

For the purposes of this chapter:

(1) "Animal" means a dog or cat of any age;

(2) "Authorized person" means the Director of the Department of Health or his or her delegate, or any law enforcement officer;

(3) "Cattery" means an enterprise wherein or whereon the business of grooming or boarding cats, or breeding cats for sale, and selling those cats, is carried on, and which does not in its usual course of business acquire cats for resale to the public;

(4) "Consumer" means any individual purchasing an animal from a retail pet store. A retail pet store shall not be considered a consumer;

(5) "D.V.M." means a person who has graduated from an accredited school of veterinary medicine or has received equivalent formal education, and who has a valid license to practice veterinary medicine within the State of Arkansas;

(6) "Director" means the Director of the Department of Health;

(7) "Euthanasia" means the humane killing of an animal accomplished by a method that utilizes anesthesia produced by an agent that causes painless loss of consciousness and subsequent death, and administered by a licensed veterinarian or a euthanasia technician licensed by the Drug Enforcement Administration and certified by the Department of Health;

(8) "Kennel" means an enterprise wherein or whereon the business of grooming or boarding dogs, or breeding dogs for sale, and selling such dogs, is carried on, and which does not in its usual course of business acquire dogs for resale to the public;

(9) "Person" means any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity;

(10) "Records" of a retail pet store means:

(A) The permanent record of each animal's health history showing the animal's vaccinations, inoculations, wormings, and other veterinary medical procedures performed on that animal; and

(B) The permanent journal giving a perpetual, sequential listing of animals which are kept at the retail pet store for thirty (30) days or longer. The journal shall contain the animal's identifying number, arrival date, exit date, and disposition; and

(11) (A) "Retail pet store" means any room or group of rooms, run, cage, compartment, exhibition pen, or tether, any part of which is within the State of Arkansas, wherein any animal is sold or kept, displayed, or offered for sale, to the public. It excludes kennels and catteries which sell animals directly to consumers. Also excluded are duly authorized animal shelters and duly incorporated humane societies dedicated to the care of unwanted animals which make those animals available for adoption, whether or not a fee for such adoption is charged.

(B) As used in this chapter, the term "retail pet store" includes its owners, officers, agents, operators, managers, and employees, and refers to any such enterprise whether in fact registered or not.

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Ark. Code Ann. § 4-97-104
Registration required.
(a) (1) Any person who owns, operates, or establishes a retail pet store within the State of Arkansas shall register, by reporting in writing to the director:

(A) The name of the retail pet store;

(B) The location of each housing facility for animals owned by it, or in its care, custody, or control;

(C) The name and address of its principal agent; and

(D) The date its operation began.

(2) The report shall reflect the name and position of the individual under whose direction it is prepared and shall be made under oath before a notary public.

(b) Each registration shall be valid for a period of one (1) year. On or before the anniversary date of the original registration, reregistration shall be required, except that if at any time prior to the required reregistration date the information originally reported to the director changes or requires additions, that fact shall be reported to the director without delay.

(c) (1) A retail pet store in operation on or before April 10, 1991, shall register within ninety (90) days after April 10, 1991.

(2) A retail pet store which begins operation within ninety (90) days after April 10, 1991, shall register within thirty (30) days after the beginning of operation.

(3) A retail pet store which begins operation subsequent to ninety (90) days after April 10, 1991, shall register at least thirty (30) days prior to the beginning of operation.

(4) The date of the first acquisition of an animal for retail sale shall be deemed the date on which the operation begins.

(d) A fee of one hundred dollars ($100) shall accompany the initial registration, and a fee of fifty dollars ($50.00) shall accompany each subsequent reregistration. No fee shall be required for interim reports of change or addition.

(e) Each instance of failure to register or report as required by this chapter is a Class A misdemeanor.

(f) (1) The director shall maintain a list of registered retail pet stores containing all information reported with the initial registration, including the date thereof, and the dates and information provided with all subsequent amendments and reregistrations.

(2) The director shall make the list of registered retail pet stores available to the public, upon request, at no charge.

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Ark. Code Ann. § 4-97-105
Consumer guarantees.
(a) (1) A retail pet store shall provide to the consumer at the time of sale of an animal a written notice, printed or typed, setting forth the rights provided in subsection (b) of this section.

(2) The notice of rights shall have added to it by the retail pet store:

(A) The animal's identifying number;

(B) A description of the animal, including its breed, sex, and color;

(C) The date of sale;

(D) The name, address, and telephone number of the consumer; and

(E) The sales price of the animal.

(3) (A) The notice may be contained in a written contract, an animal history certificate, or a separate document, provided such notice is in 10-point boldface type.

(B) The retail pet store shall certify the information by signing the document in which it is contained.

(b) (1) If, within ten (10) days following the sale of an animal subject to this chapter, a licensed veterinarian of the consumer's choosing certifies such animal to be unfit for purchase due to illness, a congenital malformation which adversely affects the health of the animal, or the presence of symptoms of a contagious or infectious disease, the retail pet store, in addition to any other warranty, shall afford the consumer the right to retain the animal and to receive reimbursement from the retail pet store for veterinary services from a licensed veterinarian of the consumer's choosing, for the purpose of curing or attempting to cure the animal.

(2) The reasonable value of reimbursable services rendered to cure or attempt to cure the animal shall not exceed the purchase price of the animal. The value of such services is reasonable if comparable to the value of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian.

(3) The reimbursement shall not include the costs of initial veterinary examination fees and diagnostic fees not directly related to the veterinarian's certification that the animal is unfit for purchase pursuant to this section.

(c) The certification that an animal is unfit for purchase, which shall be provided by an examining veterinarian to a consumer upon the examination of an animal subject to the provisions of this section, shall include, but not be limited to, information which identifies the type of animal, its breed, sex, and color, the owner, the date, and diagnosis of the animal, the treatment recommended if any, and an estimate or the actual cost of such treatment. Such form shall also include the notice prescribed in subsection (a) of this section.

(d) (1) The reimbursement required by subsection (b) of this section shall be made by the retail pet store not later than ten (10) business days following receipt of a signed veterinary certification as herein required.

(2) Such certification shall be presented to the retail pet store not later than three (3) business days following receipt thereof by the consumer.

(e) (1) A veterinary finding of intestinal parasites shall not be grounds for declaring the animal unfit for sale unless the animal is clinically ill due to such condition.

(2) An animal may not be found unfit for sale on account of an injury sustained or illness contracted subsequent to the consumer's taking possession thereof.

(f) (1) In the event that a retail pet store wishes to contest a demand for reimbursement made by a consumer pursuant to this section, such retail pet store shall have the right to require the consumer to produce the animal for examination by a licensed veterinarian designated by such retail pet store.

(2) Upon such examination, if the consumer and the retail pet store are unable to reach an agreement within ten (10) business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain such reimbursement.

(g) Nothing in this section shall be construed in any way to limit the rights or remedies which are otherwise available to a consumer under any law.

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Ark. Code Ann. § 4-97-106
Public health -- Enforcement.
The State Board of Health may propose, adopt, promulgate, and enforce, in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such additional rules, regulations, and standards as may be necessary to carry out the intent of this chapter.

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Ark. Code Ann. § 4-97-107
Unlawful disposition of animals.

(a) It is unlawful for a retail pet store to knowingly give, sell, exchange, barter, or otherwise transfer an animal to any other person if the ultimate destination of the animal is research or killing for dissection.

(b) It is unlawful for a retail pet store to kill any animal in its care, custody, or control without a prior written or oral recommendation from a doctor of veterinary medicine citing the animal's interest justifying the killing of the animal.

(c) It is unlawful for a retail pet store, its owners, officers, agents, operator, manager, or employees, or any other person, to kill any animal in its care, custody, or control by any means other than euthanasia as defined in § 4-97-103.

(d) A violation of this chapter or a regulation promulgated hereunder shall constitute a Class A misdemeanor.

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Ark. Code Ann. § 4-97-108
Inspection -- Public notice.
(a) Any authorized person is entitled to inspect the premises and records of a retail pet store at reasonable hours.

(b) Retail pet stores shall make their premises available for inspection by authorized persons at reasonable hours.

(c) Each failure to make premises or records available to an authorized person whose identity is made known to an owner, officer, agent, operator, manager, or employee of a retail pet store is a Class A misdemeanor.

(d)(1)(A) Every retail pet store required to be registered shall post a public notice on each of its premises, in type not less than one inch (1″) in height, in a location conspicuous to the public, that complaints regarding treatment or care of its animals may be made to the State Board of Health or to any law enforcement officer.

(B) The public notice shall refer to this chapter.

(2) Failure to post the public notice is a Class A misdemeanor.

(e) Within thirty (30) days of the receipt by the director of an initial registration report, and the receipt of proper fees therefor, the director shall provide a public notice conforming with subsection (d) of this section to the registrant. Additional public notices for multiple locations and replacements of notices already provided may be obtained from the director upon the payment of a fee of ten dollars ($10.00) for each additional public notice.

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Ark. Code Ann. § 4-97-109
Applicability to other laws.

Nothing in this chapter shall be construed to prevent or limit the application of any other law.

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Ark. Code Ann. § 4-98-101
Title.

This chapter shall be known and may be cited as the “Arkansas Pay-Per-Call Consumer Protection Act”.

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Ark. Code Ann. § 4-98-102
Definitions.
For the purposes of this chapter, unless the context otherwise requires:

(1) "Information provider" means any person, company, or corporation that controls the content of a pay-per-call service. Any telephone corporation that provides basic local exchange service or message telecommunication service which only transmits pay-per-call service but which does not control the content of the information transmitted is not included within this definition; and

(2) "Pay-per-call service" means any telecommunications service which permits calling by a number of callers to a single telephone number and for which the calling party is assessed by virtue of completing the call a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per call or per time interval charge that is greater than or in addition to the charge for the transmission of the call.

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Ark. Code Ann. § 4-98-103
Information and disclosure message.
(a)(1) An information provider that offers pay-per-call services in this state shall provide a minimum of twelve (12) seconds of delayed timing for an information and disclosure message which shall be reasonable in speed so as to be clearly understandable.

(2) A three-second period of silence shall follow the information and disclosure message.

(3) If the consumer disconnects the call within the delayed timing period, or within three (3) seconds after the delayed timing period, no information charge shall be billed to the caller.

(4) If the delayed timing period is exceeded, a consumer shall be billed from the time of the initial connection, and transport charges shall be billed to the information provider from the time of the initial connection.

(5) During the delayed timing period, the information provider shall inform the consumer of all of the following:

(A) An accurate description of the service that will be provided to the caller;

(B) An accurate summation of the cost of the service including, but not limited to, all of the following:

(i) The initial flat rate charge, if any;

(ii) The charge per minute, if any; and

(iii) The maximum charge per call;

(C) That, if the caller disconnects the call within the delayed timing period, the consumer will not be charged for the call; and

(D) Before the end of the delayed timing period, that the billing will commence after a specified event following the disclosure message, such as a signal tone.

(b) Any information charges and price disclosure message associated with a pay-per-call service that is aimed at or likely to be of interest to children under the age of eighteen (18) years must contain a statement that the caller should hang up unless he or she has parental permission.

(c)(1) A caller may be provided the means to bypass the information and disclosure message on subsequent calls, provided that the caller has sole control of that capability, except that any bypass device shall be disabled for a period of thirty (30) days following the effective date of a price increase for the service.

(2) Instructions on how to bypass must be either at the end of the preamble message or at the end of the service.

(d) When an information provider's pay-per-call service results in a total potential cost of two dollars ($2.00) or less, or if the call is being provided for polling services, asynchronous or computerized data transmission technology, or political fundraising, the provisions of this section shall not apply.

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Ark. Code Ann. § 4-98-104
Advertisement requirements.

Any information provider offering pay-per-call service shall utilize advertising that accurately describes the message content, terms, conditions, and price of the offered service in a clear and understandable manner in all print, broadcast, or telephone advertising and announcements promoting its offers, including:

(1) The per call charges, or, if the call is billed on a usage-sensitive basis, the rates by minute or other unit of time, any minimum charges, and the total cost for calls to that service if the duration of the service can be determined;

(2) Any geographic, time-of-day, or other limitations on the availability of the offer;

(3) A requirement that callers under eighteen (18) years of age must request parental or adult guardian permission before calling to hear the offer;

(4) Display of the charges in broadcast advertising with the telephone numbers and a voice announcement of the charges during the course of the commercials;

(5) Repeated voice announcements of these charges at regular intervals for commercials in excess of two (2) minutes; and

(6) Charges for all subsequent calls if the program refers to and requires another pay per call.

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Ark. Code Ann. § 4-98-105
Remedies; deceptive trade practices; limitations.
(a) (1) Any consumer injured by a violation of this chapter may bring an action for the recovery of damages.

(2) Judgment may be entered for three (3) times the amount at which the actual damages are assessed, plus costs and reasonable attorney's fees.

(b) (1) Violation of any of the provisions of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to him or her for the enforcement of this chapter.

(c) (1) No private action may be brought under the provisions of this chapter more than two (2) years after the cause of action accrues.

(2) A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of this chapter knows or in the exercise of reasonable care should have known about the violation of the provisions of this chapter.

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Ark. Code Ann. § 4-99-101
Purpose.
(a) The General Assembly recognizes that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities has created numerous problems for purchasers and investors which are inimical to good business practices. Telephonic sales have a significant impact upon the economy and well-being of this state and its local communities. However, purchasers have suffered substantial losses because of misrepresentations, lack of full and complete information regarding both the telephonic seller and the goods and investments the telephonic seller is offering, and failure of delivery. The provisions of this chapter relating to telephonic sellers are necessary for the public welfare.

(b) It is the intent of the legislature in enacting this chapter to:

(1) Provide each prospective telephonic sales purchaser with information necessary to make an intelligent decision regarding the offer made;

(2) Safeguard the public against deceit and financial hardship;

(3) Ensure, foster, and encourage competition and fair dealings among telephonic sellers by requiring adequate disclosure; and

(4) Prohibit representations that tend to mislead.

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Ark. Code Ann. § 4-99-102
Construction.
This chapter shall be construed liberally in order to achieve these purposes.

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Ark. Code Ann. § 4-99-103
Definitions.
As used in this chapter:

(1) “Caller identification service” means a service offered by a telecommunications provider that provides caller identification information to a device capable of displaying the information;

(2) “Consumer Protection Division” means the Consumer Protection Division of the Office of the Attorney General;

(3) “Item” means any goods and services and includes coupon books which are to be used with businesses other than the seller's business;

(4) “Owner” means a person who owns or controls ten percent (10%) or more of the equity of or otherwise has claim to ten percent (10%) or more of the net income of a telephonic seller;

(5) “Person” includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity;

(6) “Principal” means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person;

(7) “Purchaser” or “prospective purchaser” means a person who is solicited to become or does become obligated to a telephonic seller;

(8) “Salesperson” means any individual employed, appointed, or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. The principals of a seller are themselves salespersons if they solicit sales on behalf of the telephonic seller; and

(9) “Telephonic seller” or “seller” means a person who on his or her own behalf or through salespersons causes a telephone solicitation or attempted telephone solicitation to occur which meets the criteria specified in subdivision (9)(A) or (B) of this section, and who is not exempted by subdivision (9)(C) of this section, as follows:

(A) A telephone solicitation or attempted telephone solicitation wherein the telephonic seller initiates telephonic contact with a prospective purchaser and represents or implies one (1) or more of the following:

(i) That a prospective purchaser who buys one (1) or more items will also receive additional or other items, whether or not of the same type as purchased, without further cost. For purposes of this subdivision (9)(A)(i), “further cost” does not include actual postage or common carrier delivery charges, if any;

(ii) That a prospective purchaser will receive a prize or gift if the person also encourages the prospective purchaser to do either of the following:

(a) Purchase or rent any goods or services; or

(b) Pay any money, including, but not limited to, a delivery or handling charge;

(iii) That a prospective purchaser is able to obtain any item or service at a price which the seller states or implies is below the regular price of the item or service offered. This subdivision (9)(A)(iii) shall not apply to retailers who within the previous twelve (12) months have sold a majority of their goods or services through in-person sales at retail stores;

(iv) That the seller is a person other than the person he or she is;
(v) That the items for sale are manufactured or supplied by a person other than the actual manufacturer or supplier;

(B)(i) A solicitation or attempted solicitation which is made by telephone in response to inquiries generated by unrequested notifications sent by the seller to persons who have not previously purchased goods or services from the seller or who have not previously requested credit from the seller to a prospective purchaser wherein the seller represents or implies to the recipient of the notification that any of the following applies to the recipient:

(a) That the recipient has in any manner been specially selected to receive the notification or the offer contained in the notification;

(b) That the recipient will receive a prize, gift, or award if the recipient calls the seller; or

(c) That, if the recipient buys one (1) or more items from the seller, the recipient will also receive additional or other items, whether or not of the same type as purchased, without further cost or at a cost which the seller states or implies is less than the regular price of such items.

(ii) This subdivision (9)(B) does not apply to the solicitation of sales by a catalogue seller who periodically issues and delivers catalogues to potential purchasers by mail or by other means. This exception only applies if the catalogue includes a written description or illustration and the sales price of each item or merchandise offered for sale includes at least twenty-four (24) full pages of written material or illustrations, is distributed in more than one (1) state, and has an annual circulation of no fewer than two hundred fifty thousand (250,000) customers;

(C) As used in this chapter, “telephonic seller” or “seller” does not include any of the following:

(i) A person offering or selling a security and who is registered pursuant to § 23-42-301 et seq.;

(ii) A person offering or selling insurance and who is licensed pursuant to § 23-64-201 et seq.;

(iii) A person primarily soliciting the sale of a newspaper of general circulation, a magazine, or membership in a book or record club whose program operates in conformity with § 4-89-101 et seq. and § 4-95-101 et seq.;

(iv) A person soliciting business from prospective purchasers who have previously purchased from the business enterprise for which the person is calling;

(v)(a) A person soliciting without the intent to complete and who does not complete the sales presentation during the telephone solicitation but completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser.

(b) However, if a seller, directly following a telephone solicitation, causes an individual whose primary purpose it is to go to the prospective purchaser to collect the payment or deliver any item purchased, this exemption does not apply;

(vi) Any supervised financial institution or parent, subsidiary, or affiliate thereof. As used in this subdivision (9)(C)(vi), “supervised financial institution” means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer, provided that the institution is subject to the supervision of an official or agency of this state or of the United States;

(vii) Any burial association operating pursuant to the authority of § 23-78-101 et seq.;

(viii) A person or an affiliate of a person whose business is regulated by the Arkansas Public Service Commission;

(ix) An issuer or a subsidiary of an issuer that has a class of securities which is subject to and which is either registered or exempt from registration to § 23-42-401 et seq.;

(x) A person soliciting a transaction regulated by the Commodity Futures Trading Commission if the person is registered or temporarily licensed for this activity with the Commodity Futures Trading Commission under the Commodity Exchange Act, 7 U.S.C. § 1 et seq., and the registration or license has not expired or been suspended or revoked; or

(xi) A person soliciting a transaction directed to a purchaser holding a permit pursuant to the Arkansas Gross Receipts Act, § 26-52-101 et seq., and in which the solicitation deals with goods of a type that are subject to resale by the purchaser.

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Ark. Code Ann. § 4-99-104
Registration.
(a)(1) Not less than ten (10) days prior to doing business in this state, a telephonic seller shall register with the Consumer Protection Division of the Office of the Attorney General by filing the information required by this chapter and a filing fee of one hundred dollars ($100).

(2) A seller shall be deemed to do business in this state if the seller solicits prospective purchasers from locations in this state or solicits prospective purchasers who are located in this state.

(b) Registration of a telephonic seller shall be valid for one (1) year from the effective date thereof and may be renewed by making the filing required by this chapter and paying a filing fee of one hundred dollars ($100).

(c) The information required by this chapter shall be submitted on a form prescribed by the Attorney General and shall be verified by a declaration signed by each principal of the telephonic seller under penalty of perjury.

(d) Whenever, prior to expiration of a seller's annual registration, there is a material change in the information required under this chapter, the seller shall, within ten (10) days, file an addendum updating the information with the division. However, changes in salespersons soliciting on behalf of a seller shall be updated in quarterly intervals computed from the effective date of registration.

(e)(1) Upon receipt of a filing and filing fee pursuant to subsection (a) or (b) of this section, the division shall send the telephonic seller a written confirmation of registration.

(2) If the seller has more than one (1) business location, the confirmation of registration shall be sent to the principal business location identified in the seller's filing in sufficient number so that the seller has a confirmation of registration for each location to be displayed in a conspicuous place at each of the seller's business locations and available for inspection by any governmental agency at each location.

(3) Until confirmation of registration is received and posted, the seller shall post in a conspicuous place at each of the seller's business locations within this state a copy of the first page of the registration form sent to the division.

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Ark. Code Ann. § 4-99-105
Required Filing Information.
Each registration filing pursuant to this chapter shall contain the following information:

(1) The name or names of the seller, including the name under which the seller is doing or intends to do business, if different from the name of the seller, and the name of any parent or affiliated organization that will engage in business transactions with purchasers relating to sales solicited by the seller, or that accepts responsibility for statements made by, or acts of, the seller relating to sales solicited by the seller;

(2) The seller's business form and place of organization and, if the seller is a corporation, a copy of its articles of incorporation and bylaws and amendments thereto, or, if a partnership, a copy of the partnership agreement, or, if operating under a fictitious business name, the location where the fictitious name has been registered. All the same information shall be included for any parent or affiliated organization disclosed pursuant to subdivision (1) of this section;

(3)(A) The complete street address or addresses of all locations, designating the principal location from which the telephonic seller will be conducting business.

(B) If the principal business location of the seller is not in this state, then the seller shall also designate which of any locations within this state is its main location in the state;

(4) A listing of all telephone numbers to be used by the seller and the address where each telephone using each of these telephone numbers is located;

(5) The name of, and the office held by, the seller's officers, directors, trustees, general and limited partners, sole proprietor, and owners, as the case may be, and the names of those persons who have management responsibilities in connection with the seller's business activities;

(6) The complete address of the principal residence, the date of birth, and the social security number of each of the persons whose names are disclosed pursuant to subdivision (5) of this section;

(7) A list of the names and principal residence addresses of salespersons who solicit on behalf of the telephonic seller and the names the salespersons use while soliciting;

(8) A description of the items the seller is offering for sale and a copy of all sales scripts the telephonic seller requires salespersons to use when soliciting prospective purchasers or, if no sales script is required to be used, a statement to that effect;

(9) A copy of all sales information and literature, including, but not limited to, scripts, outlines, instructions, and information regarding how to conduct telephonic sales, sample introductions, sample closings, product information, and contest or premium award information provided by the telephonic seller to salespersons, or of which the seller informs salespersons, and a copy of all written materials the seller sends to any prospective or actual purchaser;

(10) If the telephonic seller represents or implies, or directs salespersons to represent or imply, to purchasers that the purchaser will receive certain specific items, including a certificate of any type which the purchaser must redeem to obtain the item described in the certificate, or one (1) or more items from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes, awards, or otherwise, the filing shall include the following:

(A) A list of the items offered;

(B) The value or worth of each item described to prospective purchasers and the basis for the valuation;

(C) The price paid by the telephonic seller to its supplier for each of these items and the name, address, and telephone number of each item's supplier;

(D) If the purchaser is to receive fewer than all of the items described by the seller, the filing shall include the following:

(i) The manner in which the telephonic seller decides which item or items a particular prospective purchaser is to receive;

(ii) The odds a single prospective purchaser has of receiving each described item; and

(iii) The name and address of each recipient who has, during the preceding twelve (12) months, or if the seller has not been in business that long, during the period the telephonic seller has been in business, received the item having the greatest value and the item with the smallest odds of being received; and

(E) All rules, regulations, terms, and conditions a prospective purchaser must meet in order to receive the item; and

(11) The name and address of the telephonic seller's agent in this state, other than the Attorney General, authorized to receive service of process in this state.

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Ark. Code Ann. § 4-99-106
Exemption from Registration.
(a) Any person claiming an exemption from registration as provided by this chapter shall keep full and accurate records in such form as will enable the person to provide to the Attorney General upon request the information required to substantiate an exemption under this chapter.

(b) The information provided under this section shall be verified by a declaration signed under penalty of perjury by each principal of the person claiming exemption.

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Ark. Code Ann. § 4-99-107
Bond.
(a)(1) Every telephonic seller shall maintain a bond issued by a surety company authorized to do business in this state. The bond shall be in the amount of fifty thousand dollars ($50,000) in favor of the State of Arkansas for the benefit of any person suffering injury or loss by reason of any violation of this chapter, to be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of any violation of this chapter.

(2) A copy of the bond shall be filed with the Consumer Protection Division of the Office of the Attorney General.

(b)(1) At least ten (10) days prior to the inception of any promotion offering a premium with an actual market value or advertised value of five hundred dollars ($500) or more, the telephonic seller shall notify the Attorney General in writing of the details of the promotion, describing the premium, its current market value, the value at which it is advertised or held out to the consumer, the date the premium shall be awarded, and the conditions under which the award shall be made.

(2)(A) The telephonic seller shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient. A copy of the bond shall be filed with the division.

(B) The bond or portion thereof necessary to cover the cost of the award shall be forfeited if the premium is not awarded to a bona fide customer within thirty (30) days of the date disclosed as the time of award or other time required by law.

(C) The proceeds of the bond shall be paid to any person suffering injury or loss by reason of any violation of this chapter, or shall be paid pursuant to the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of any violation of this chapter.

(D) The bond shall be maintained until the seller files with the Attorney General proof that the premium was awarded.

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Ark. Code Ann. § 4-99-108
Information to Prospective Purchasers.
(a) If the telephonic seller represents or implies that a prospective purchaser will receive, without charge therefor, certain specific items, or one (1) item from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes, awards, or otherwise, the seller shall provide, at the time the solicitation is made and prior to consummation of any sales transaction, the following:

(1) The manner in which the telephonic seller decides which item or items a particular prospective purchaser is to receive;

(2) The odds a single prospective purchaser has of receiving each described item;

(3) All rules, regulations, terms, and conditions a prospective purchaser must meet in order to receive the item;

(4) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller's principal location; and

(5) The total number of individuals who have actually received from the telephonic seller, during the preceding twelve (12) months or, if the seller has not been in business that long, during the period the seller has been in business, the item having the greatest value and the item with the smallest odds of being received.

(b) No seller shall make or authorize the making of any reference to its compliance with this chapter to any prospective or actual purchaser.

(c)(1) No telephonic seller under this section shall display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service.

(2) Subdivision (c)(1) of this section does not apply to the transmission of caller identification service by a telecommunications provider.

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Ark. Code Ann. § 4-99-109
Service on Attorney General.
(a) Every telephonic seller shall file with the Attorney General, in the form prescribed by the Attorney General, an irrevocable consent appointing the Attorney General to act as the seller's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the seller or the seller's successor, executor, or administrator, which may arise under this chapter, when the agent designated in the seller's registration filing cannot with reasonable diligence be found at the address designated or if no agent has been designated pursuant thereto.

(b) When service is made upon the Attorney General in conformance with this section, it shall have the same force and validity as if served personally on the seller.

(c) Service may be made by leaving a copy of the process in the office of the Attorney General, but it shall not be effective unless both of the following are done:

(1) When service is effected pursuant to this section, the plaintiff shall forthwith send by certified first class mail, return receipt requested, a notice of the service and a copy of the process to the defendant or respondent at the last address on file with the Consumer Protection Division; and

(2) The plaintiff's affidavit of compliance with this section shall be filed in the case on or before the return date of the process, if any, or within such further time as the court allows.

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Ark. Code Ann. § 4-99-110
Violations.
(a) No salesperson shall solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the Consumer Protection Division pursuant to this chapter. Any salesperson who violates this section shall be guilty of a Class A misdemeanor.

(b) Except as provided in subsection (a) of this section, any person, including, but not limited to, the seller, a salesperson, agent or representative of the seller, or an independent contractor, who willfully violates any provision of this chapter or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any telephonic seller, or who willfully, directly or indirectly engages in any act, practice, or course of business which operates or would operate as fraud or deceit upon any person in connection with a sale by any telephonic seller shall be, upon conviction, guilty of a Class D felony.

(c) Every person who controls a seller liable under this section, or a salesperson liable under subsection (a) of this section, every partner, officer, or director of such a seller or salesperson, every person occupying a similar status or performing a similar function, and every employee of such a seller or salesperson who materially aids in the sale or attempted sale are also liable jointly and severally with and to the same extent as the seller or salesperson, unless the nonseller or nonsalesperson who is so liable sustains the burden of proof that he or she did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist. There is contribution as in cases of contract among the several persons so liable.

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Ark. Code Ann. § 4-99-111
Exclusivity of Chapter; Deceptive Trade Practices.
(a) The provisions of this chapter are not exclusive. The remedies specified in this chapter for violation of any section of this chapter or for conduct proscribed by any section of this chapter shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law.

(b) Violation of any of the provisions of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this chapter.

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Ark. Code Ann. § 4-99-112
Burden of Proving Exemption or Exception.
In any civil proceeding alleging a violation of this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it, and in any criminal proceeding alleging a violation of this chapter, the burden of producing evidence to support a defense based upon an exemption or an exception from a definition is upon the person claiming it.

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Ark. Code Ann. § 4-99-201
Caller identification -- Information offered -- Penalty for violation.
(a) (1) Any person who on behalf of any charity, business, or organization calls a residential phone number for the purpose of soliciting or requesting a contribution or to offer goods or services shall immediately disclose to the person contacted:

(A) The caller's identity and the identity of the person or organization on whose behalf the telephone call is being made; and

(B) The purpose of the telephone call, including a brief description of the goods or services to be offered.

(2) If the person receiving the telephone call indicates that he or she does not want to hear about the charity, goods, or services, the caller shall not attempt to provide additional information during that conversation about the charity, goods, or services.

(b) A violation of this section shall be a Class A misdemeanor.

(c) (1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this section.

(3) (A) No person under subdivision (a)(1) of this section shall display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service.

(B) For purposes of this section, "caller identification service" means a service offered by a telecommunications provider that provides caller identification information to a device capable of displaying the information.

(d) Nothing in this section limits the rights or remedies which are otherwise available to a consumer under any other law.

(e) The obligations under this section are cumulative and should in no way be deemed to limit the obligations imposed under any other law.

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Ark. Code Ann. § 4-99-202
Collection practices.
(a) (1) No person who calls a residential telephone number for the purpose of offering merchandise for sale shall dispatch a courier or other individual to the residence to collect payment before the consumer has inspected the merchandise.

(2) It shall be unlawful for any person who calls a residential telephone number for the purpose of offering a prize to a consumer to dispatch a courier or other individual to the consumer's home for the purpose of collecting any fees or costs of any kind from the consumer.

(b) A violation of this section shall be a Class A misdemeanor.

(c) (1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this section.

(d) Nothing in this section limits the rights or remedies which are otherwise available to the consumer under any other law.

(e) The obligations under this section are cumulative and should in no way be deemed to limit the obligations imposed under any other law.

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Ark. Code Ann. § 4-99-203
Consumer's express written authorization required.

(a) (1) For the purposes of this section, "telemarketer" means any person who initiates telephone calls to, or who receives telephone calls from, a consumer in connection with a plan, program, or campaign to market goods and services.

(2) The term "telemarketer" does not include a federally insured depository institution or its subsidiary when it obtains or submits for payment a check, draft, or other form of negotiable instrument drawn on or debited against a person's checking, savings, share, or other depository account at that institution.

(b) (1) It shall be unlawful for any telemarketer as defined in subsection (a) of this section to obtain or submit for payment a check, draft, or other form of negotiable instrument drawn on a person's checking, savings, share, or other depository account without the consumer's express written authorization.

(2) For the purpose of this section, a check bearing the valid signature of the consumer shall constitute the consumer's express written authorization.

(c) (1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this section.

(d) Nothing in this section limits the rights or remedies which are otherwise available to a consumer under any other law.

(e) The obligations under this section are cumulative and should in no way be deemed to limit the obligations under any other law.

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Ark. Code Ann. § 4-99-301
Definitions.
For the purpose of this subchapter:

(1) "Caller identification service" means a service offered by a telecommunications utility that provides caller identification information to a device capable of displaying the information;

(2) "Charitable organization" means any charitable organization as that term is defined by § 4-28-401(1);

(3) "Consumer" means any person to whom has been assigned in the State of Arkansas any telephone line and corresponding telephone number;

(4) "Per call blocking" means a telecommunications service that prevents the transmission of caller identification information to a called party on an individual call if the calling party acts affirmatively to prevent the transmission of the caller identification information;

(5) "Per line blocking" means a telecommunications service that prevents the transmission of caller identification to a called party on every call unless the calling party acts affirmatively to release the caller identification information;

(6) "Person" means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity; and

(7) "Telephone solicitation" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of or investment in property, goods, or services or the initiation of a telephone call or message for the purpose of encouraging a charitable contribution by or on behalf of any charitable organization, which telephone call or message is transmitted to any consumer.

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Ark. Code Ann. § 4-99-302
Prohibition.

(a) It is a violation of this subchapter for any person to make or transmit a telephone solicitation while using any method, including, but not limited to, per call blocking or per line blocking, that prevents caller identification information for the telephone solicitor's lines used to make telephone calls to a consumer from being shown by a device capable of displaying caller identification information.

(b) (1) It is a violation of this subchapter for any person making or transmitting a telephone solicitation by any method to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service.

(2) Subdivision (b)(1) of this section does not apply to the transmission of caller identification service by a telecommunications provider.

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Ark. Code Ann. § 4-99-303
Penalties, Remedies, and Enforcement.
(a) When a person violates this subchapter or a regulation prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined in § 4-88-101 et seq.pertaining to deceptive trade practices.

(b)(1) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall be available to the Attorney General for enforcement of this subchapter.

(2) The remedies and penalties provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state.

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Ark. Code Ann. § 4-99-401
Short title.

This subchapter shall be known as the “Arkansas Consumer Telephone Privacy Act”.

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Ark. Code Ann. § 4-99-402
Legislative findings and intent.
(a) The General Assembly finds that:

(1) The use of the telephone to market goods and services to the home and to other businesses is now pervasive due to the increased use of cost-effective telemarketing techniques;

(2) Unrestricted telemarketing, however, can be an intrusive invasion of privacy;

(3) Many consumers are outraged over the proliferation of intrusive nuisance calls to their homes from telemarketers;

(4) In addition, the proliferation of unsolicited telemarketing calls, especially during the evening hours, creates a disturbance upon the home and family life of Arkansas consumers during a time of day used by many families for traditional family activities;

(5) In addition, some consumers maintain telephone service primarily for emergency medical situations, and unrestricted telemarketing calls to these consumers may create a health and safety risk for these consumers;

(6) Individuals' privacy rights, public safety interests, and commercial freedom of speech and trade must be balanced in a way that protects the privacy of individuals and permits legitimate telemarketing practices; and

(7)(A)(i) Many consumers enjoy and benefit from unsolicited telemarketing contacts from legitimate telemarketers.

(ii) However, other consumers object to these contacts as an invasion of an individual's right of privacy and have expressed an intention to refuse to respond to such telemarketing contacts.

(B) Thus, even legitimate telemarketers have no further legitimate interest in continuing to invade the privacy of those consumers who have affirmatively expressed their objections to such contact and, in fact, legitimate telemarketers can make their telemarketing efforts even more cost-effective by avoiding calling those consumers who have affirmatively expressed an objection to any such contact.

(b) The General Assembly intends that this subchapter protect the privacy of Arkansas consumers who have affirmatively expressed an objection to unsolicited telephone solicitations, and the General Assembly intends that this subchapter be liberally construed to effectuate that goal.

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Ark. Code Ann. § 4-99-403
Definitions.
As used in this subchapter, unless the context requires otherwise:

(1) The term "affiliates" means a person or persons wholly owned and operated by a parent entity, which parent entity claims a prior or existing business relationship with a consumer or a parent company whose wholly owned subsidiary claims a prior existing business relationship with the consumer;

(2) (A) The term "charitable organization" means:

(i) Any person who is or holds himself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, or other eleemosynary purpose or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety; or

(ii) Any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which has a tendency to suggest there is a charitable purpose to any such solicitation.

(B) However, it does not include those charitable organizations that are not required to register with the Attorney General's office pursuant to those statutes governing the solicitation of charitable contributions;

(3) The term "consumer" means any person to whom has been assigned in the State of Arkansas any residential telephone line and corresponding telephone number;

(4) The term "person" means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity;

(5) (A) The term "prior or existing business relationship" means a relationship in which some financial transaction has transpired between the consumer and the telephone solicitor or its affiliates within the thirty-six (36) months immediately preceding the contemplated telephone solicitation.

(B) The term does not include the situation wherein the consumer has merely been subject to a telephone solicitation by or at the behest of the telephone solicitor within the thirty-six (36) months immediately preceding the contemplated telephone solicitation; and

(6) (A) The term "telephone solicitation" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of or investment in property, goods, or services, or the initiation of a telephone call or message for the purpose of encouraging a charitable contribution by or on behalf of any charitable organization, which telephone call or message is transmitted to any consumer, but such term does not include a call or message to any person made with that person's prior written express invitation or permission nor a call or message to any consumer with whom the telephone solicitor has a prior or existing business relationship.

(B) Also, such term does not include a telephone call by any person to a consumer who has placed upon his or her real property a "for sale" sign which lists a telephone number and invites inquiries regarding the property.

(C) Also, such term does not include a telephone call made solely in connection with an existing debt or contractual obligation, payment or performance of which has not been completed at the time of the call.

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Ark. Code Ann. § 4-99-404
Methods Specified by Attorney General.
The Attorney General shall:

(1) Establish and thereafter operate a single statewide database composed of a list of telephone numbers of consumers who object to receiving telephone solicitations;

(2)(A) Specify the methods by which the objections to telephone solicitations shall be collected and added to the database.

(B)(i) Any consumer wishing to be placed in the database may notify the Attorney General and be placed in the database upon receipt by the Attorney General of an application and any initial listing charge which shall not exceed ten dollars ($10.00).

(ii) The listing shall be renewed by the Attorney General annually for each consumer upon the receipt of a renewal notice and any annual assessment not to exceed five dollars ($5.00).

(C)(i) The database may include Arkansas consumers who have registered for the national “Do-Not-Call” registry established and maintained by the Federal Trade Commission pursuant to 16 C.F.R. § 310.4, as in effect on March 1, 2003.

(ii) The Attorney General may:

(a) Periodically obtain from the commission the information necessary to add these Arkansas consumers to the database maintained by the Attorney General; and

(b) Provide to the commission access to the state database so that those Arkansas consumers who have signed up for the state database can also be included in the national Do-Not-Call registry;

(3) Specify the methods, if any, by which the objections may be withdrawn from the database;

(4) Specify the methods by which any person desiring to make or transmit telephone solicitations may obtain access to the database as required to avoid calling the telephone numbers of the consumers included in the database;

(5) Specify the methods, if any, for recovering the costs involved in identifying, collecting, updating, and disseminating the database and for other activities related to the Attorney General's duties under this subchapter; and

(6) Specify the frequency with which the database will be updated and specify the method by which the updating will take effect for the purposes of compliance with this subchapter, allowing no fewer than ten (10) calendar days for affected persons to update their databases after the Attorney General's database has been updated.

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Ark. Code Ann. § 4-99-405
Prohibitions.
It shall be a violation of this subchapter for any person to:

(1) Make or transmit a telephone solicitation to the telephone number of any consumer included in the then-current database maintained by the Attorney General pursuant to this subchapter;

(2) Make or transmit a telephone solicitation without having first accessed, in the manner specified by the Attorney General, the then-current database maintained by the Attorney General pursuant to this subchapter; or

(3) Make or transmit a telephone solicitation if that telephone solicitation violates the Federal Trade Commission Do-Not-Call rule set out in 16 C.F.R. § 310.4, as in effect on March 1, 2003.

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Ark. Code Ann. § 4-99-406
Provisions.
The provisions of this subchapter shall not apply to:

(1) Any person who is a licensee, as defined by § 17-42-103(7)(A), who is a resident of the State of Arkansas and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent, or leasing real estate in accordance with the provisions for which he or she was licensed and not in conjunction with any other offer;

(2) Any motor vehicle dealer, as that term is defined in § 23-112-103(19), who is a resident of the State of Arkansas, and who maintains a current motor vehicle dealer's license issued by the Arkansas Motor Vehicle Commission, whose call to the consumer is for the sole purpose of selling, offering to sell, soliciting, or advertising the sale of motor vehicles in accordance with the provisions for which they were licensed and not in conjunction with any other offer;

(3) Any agent, as that term is defined in § 23-64-102(1), who maintains a current license as an insurance agent whose call to the consumer is for the purpose of soliciting, consulting, advising, or adjusting in the business of insurance;

(4) Any broker-dealer, agent, or investment advisor registered by the Securities Commissioner pursuant to the provisions of § 23-42-301 et seq., whose telephone call to the consumer is for the purpose of effecting or attempting to effect the purchase or sale of securities or has the purpose of providing or seeking to provide investment or financial advice;

(5) Any person calling on behalf of a charitable organization as that term is defined in § 4-99-403(2), whose call to the consumer is for the sole purpose of soliciting for the charitable organization and who receives no compensation as a result of his or her solicitation activities on behalf of the charitable organization;

(6) Any person calling on behalf of a newspaper of general circulation whose call to the consumer is for the purpose of soliciting a subscription to the newspaper from the consumer or soliciting advertising from the consumer;

(7)(A) Telephone calls made on behalf of any federally chartered or state-chartered bank if the call to the consumer relates to banking services other than credit card offers.

(B) In no event shall the telephone calls made pursuant to this subdivision (7) of this section reference any form of credit card offer; and

(8) Telephone calls made on behalf of a funeral establishment properly licensed pursuant to § 17-29-301 et seq., if the purpose of the telephone call relates to services provided by the funeral establishment in its ordinary course of business.

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Ark. Code Ann. § 4-99-407
Enforcement by the Attorney General.
(a) Any violation by any person of the prohibitions set out in § 4-99-405 shall constitute an unfair or deceptive act or practice as defined by § 4-88-101 et seq. of the Deceptive Trade Practices Act.

(b) All authority granted to the Attorney General and all remedies available to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be granted to and available to the Attorney General for the enforcement of this subchapter after the time period referred to in § 4-99-404(6) has been provided for affected persons to update their databases.

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Ark. Code Ann. § 4-99-408
Use of revenue - Moneys derived from listing charge.

All moneys derived from the listing charge described in § 4-99-404 shall be deposited into the State Treasury to the credit of the State Central Services Fund as a direct revenue to be used exclusively to defray the cost associated with the creation and maintenance of the database required by this subchapter and the enforcement of this subchapter.

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Ark. Code Ann. § 4-100-101
Definitions.
As used in this subchapter, unless the context requires otherwise:

(1) “Lease” means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle;

(2) “Motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks;

(3) “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation;

(4) “Third party” means a person other than the actor or the owner of the vehicle; and

(5) “Transfer” means to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment, or other property transfer.

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Ark. Code Ann. § 4-100-102
Deceptive Trade Practices; Remedies.
(a) Any sublease or transfer, or attempted sublease or transfer, in violation of this subchapter shall constitute a deceptive trade practice as defined by § 4-88-101 et seq., and any and all remedies available thereto shall be available to the Attorney General for the enforcement of this subchapter.

(b) Any person injured or damaged by reason of any act in violation of this subchapter may file a civil action to recover damages based on the violation with the following remedies:

(1) The greater of three (3) times the amount of any actual damages or one thousand five hundred dollars ($1,500);

(2) Reasonable attorney's fees and costs; and

(3) Any other relief which the court deems just.

(c) A person who knowingly or intentionally engages in an act of unlawful subleasing or transfer of a motor vehicle as described by this subchapter shall be guilty of a Class D felony.

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Ark. Code Ann. § 4-100-103
Prohibited practices.
(a) A person engages in an act of unlawful subleasing or transfer of a motor vehicle if all of the following conditions are met:

(1) The vehicle is subject to a lease contract, an installment sales agreement, or a security agreement, the terms of which prohibit the transfer or assignment of any right or interest in the vehicle or under the lease contract, installment sales agreement, or security agreement without consent of the lessor, seller, or secured party;

(2) The person is not a party to the lease contract, installment sales agreement, or security agreement;

(3) The person transfers or assigns, or purports to transfer or assign, a right or an interest in the vehicle to a person who is not a party to the lease contract, installment sales agreement, or security agreement;

(4) The person does not obtain, before the transfer or assignment described in subdivision (a)(3) of this section, written consent to the transfer or assignment from the vehicle's lessor, seller, or secured party; and

(5) The person receives compensation or some other consideration for the transfer or assignment described in subdivision (a)(3) of this section.

(b) A person engages in an act of unlawful subleasing or transfer of a motor vehicle when the person is not a party to the lease contract, installment sales agreement, or security agreement and assists, causes, or arranges an actual or purported transfer or assignment described as a violation of this subchapter.

(c) It is not a defense to prosecution under this subchapter that the motor vehicle's owner has violated a contract creating a security interest, lease, or lien in the motor vehicle.

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Ark. Code Ann. § 4-101-201
Duty of merchant -- Penalty.
(a) A person engaged in the business of selling fracture-filled or clarity-enhanced diamonds or jewelry containing fracture-filled diamonds shall:

(1) Disclose to the customer that the diamond has been treated and that it is a fracture-filled or clarity-enhanced diamond; and

(2) Post the following notice in a conspicuous place at the entrance to the premises:

"NOTICE TO CUSTOMERS.

Fracture-filled and clarity-enhanced diamonds are sold by this business. Arkansas law requires that the seller disclose to the customer that a diamond is fracture-filled or clarity-enhanced before the sale of any fracture-filled or clarity-enhanced diamond."

(b) A violation of this section shall be a Class B misdemeanor.

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Ark. Code Ann. § 4-102-101
Legislative finding, declaration, and intent.
(a) The General Assembly has become aware of the avalanche of sweepstakes, contests, and prize promotions that have been and are being directed at Arkansas consumers and recognizes that consumers are often misled by these sweepstakes, contests, and prize promotions. The General Assembly also recognizes that Arkansas consumers have paid hundreds of thousands of dollars to sweepstakes, contests, and prize promoters based upon misrepresentations by those promoters to Arkansas consumers. Many of the sweepstakes, contests, and prize promotions are artfully crafted to lead Arkansas consumers to believe that they have been selected to receive valuable prizes, when such is not the case. The promotions often mislead Arkansas consumers as to the value of the prizes. The promotions often mislead Arkansas consumers as to their chances to receive the prize. The promotions often mislead Arkansas consumers to believe that they must purchase the promoter's product, or otherwise pay to the promoter sums of money in order to be eligible to receive the prize, or that the likelihood that the prize to be awarded will be increased, or that the consumer's application for the prize will receive special handling if the consumer purchases the promoter's product. These sweepstakes, contests, and prize promoters prey particularly upon elderly Arkansas consumers.

(b) It is the intent of the General Assembly through the enactment of this chapter to require that Arkansas consumers be provided with all relevant information necessary to make an informed decision concerning sweepstakes, contests, and prize promotions. It is also the intent of the General Assembly to prohibit misleading and deceptive prize promotions. This chapter shall be construed liberally in order to achieve this purpose.

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Ark. Code Ann. § 4-102-102
Definitions.

As used in this chapter, unless the context otherwise requires:

(1) "Prize" means a gift, award, or other item or service that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process;

(2) "Retail value" of a prize means:

(A) A price at which the sponsor can substantiate that a substantial number of the prizes have been sold to the public in Arkansas in the preceding year; or

(B) If the sponsor is unable to satisfy the requirement in subdivision (2)(A) of this section, then no more than one and one-half (1.5) times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller; and

(3) "Sponsor" means a corporation, partnership, limited liability company, sole proprietorship, or natural person that offers a prize or information about a prize to a person in Arkansas in conjunction with the sale or lease of any product or service, or offers a prize or information about a prize in conjunction with any real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process that requires, or creates the reasonable impression of requiring, or allows the person to pay any money as a condition of receiving, or in conjunction with allowing the person to receive, use, compete for, or obtain a prize or information about a prize.

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Ark. Code Ann. § 4-102-103
Violations.

(a) Nothing in this chapter shall be construed to permit an activity otherwise prohibited by law.

(b)(1) Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter.

(2)(A) A violation of this chapter is also a violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and is subject to all of the enforcement provisions of that act.

(B) For the purposes of the assessment of penalties pursuant to the Deceptive Trade Practices Act, § 4-88-101 et seq., each separate violation of this chapter will constitute a separate violation of the Deceptive Trade Practices Act, § 4-88-101 et seq.

(c)(1) Any person suffering a pecuniary loss because of an intentional violation of this chapter may bring an action in any court of competent jurisdiction and shall recover:

(A) Costs;

(B) Reasonable attorney's fees; and

(C) The greater of:

(i) Five hundred dollars ($500); or

(ii) Twice the amount of the pecuniary loss.

(2) It is evidence of intent if the violation occurs after the office of the Attorney General has notified a sponsor that the sponsor is in violation of this chapter.

(d) The relief provided in this section is in addition to remedies or penalties otherwise available in regard to the same conduct under law or under other statutes of this state.

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Ark. Code Ann. § 4-102-104
Exemptions.

(a) Nothing in this chapter creates liability for the acts by the publisher, owner, agent, or employee of a newspaper, periodical, radio station, television station, cable television station system, or other advertising medium arising out of the publication or dissemination of a solicitation, notice, or promotion governed by this chapter, unless the publisher, owner, agent, or employee had knowledge that the solicitation, notice, or promotion violated the requirements of this chapter, or had a financial interest in the solicitation, notice, or promotion.

(b)(1) This chapter does not apply to sponsors of prize promotions where all prizes are awarded absolutely for free and there is no opportunity for the payment of money from the person to the sponsor or any agent of the sponsor.

(2) The fact that a prize promotion makes provision for entry into the contest or eligibility for the prize without any payment does not exempt the prize promotion or its sponsor from the provisions of this chapter where the prize promotion requires, or creates the reasonable impression of requiring, or allows the person to pay, any money as a condition of receiving, or in conjunction with allowing the person to receive, use, compete for, or obtain a prize or information about a prize.

(3) If the prize promotion provides any opportunity for any payment by the person to the sponsor for any reason, regardless of whether such payment is required, and regardless of how such payment is denominated, this exemption shall not apply.

(c) This chapter does not apply to solicitations or representations in connection with:

(1) The sale or purchase of books, recordings, videocassettes, periodicals, and similar goods through:

(A) A membership group or club which is regulated by the Federal Trade Commission pursuant to 16 C.F.R. Part 425.1 concerning the use of negative option plans by sellers in commerce; or

(B)(i) The sale or purchase of such goods through a contractual plan or arrangement such as a continuity plan, subscription arrangement, or a single sale or purchase series arrangement under which the seller ships such goods to a consumer who has consented in advance to receive the goods and, after the receipt of the goods, is given the opportunity to examine the goods and to receive a full refund of charges for the goods upon return of the goods undamaged within a reasonable period of time.

(ii) Provided, that the return and refund privilege shall be clearly and conspicuously disclosed to the consumer in the original contact with the consumer, whether oral or written.

(iii) If the consumer elects to return the product for a refund, the seller shall process the refund within thirty (30) days after the receipt of the returned merchandise by the consumer.

(iv) In addition to the return and refund privilege, the consumer may cancel the plan, arrangement, subscription, or purchase series at any time by notifying the seller. After the seller receives the cancellation notice, any further products, not already in transit, sent to the consumer shall be considered a gift to the consumer which the consumer may keep without further obligation, and for which gift the seller shall not bill the consumer; or

(2)(A) Sales by a catalogue seller.

(B) For purposes of this section, "catalogue seller" shall mean any entity and its subsidiaries, or person, at least fifty percent (50%) of whose annual revenues are derived from the sale of products sold in connection with the distribution of catalogues of at least twenty-four (24) pages, which contain written descriptions or illustrations and sale prices for each item of merchandise and which are distributed in more than one (1) state with a total annual distribution of at least two hundred fifty thousand (250,000).

(d) Any willful failure of a seller claiming exemption under subsection (c) of this section to comply with all of the terms of the exemption shall render a claim of exemption void, and such seller shall be bound to fully comply with the provisions of this chapter.

(e) This chapter does not apply to pari-mutuel wagering on horse racing and greyhound racing permitted and regulated by Arkansas law.

(f) This chapter does not apply to prize promotions that appear in a magazine, newspaper, or other periodical if the prize promotions are not directed to a named individual or if the prize promotions do not include an opportunity to make a payment or order a product or service.

(g) The solicitations or representations exempted from the coverage of this chapter in subsection (c) of this section shall be exempt only if:

(1) The information specified in § 4-102-106(b) is clearly and conspicuously set forth or contained in the rules for any solicitation which includes entry materials for a sweepstakes;

(2) The notification and steps to deliver a prize are commenced within thirty (30) days of a prize award; and

(3) A prize is not available, the sponsor complies with the provisions set out in § 4-102-107(1) or (2).

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Ark. Code Ann. § 4-102-105
Prohibited practices.
A sponsor shall not do any of the following:

(1) Offer a prize to any person except in accordance with the requirements of this chapter;

(2)(A) Deliver a written prize notice, or an envelope containing a written prize notice that contains language or is designed in a manner that would have the tendency or capacity to mislead intended recipients as to the source of the written prize notice.

(B) This prohibition includes, but is not limited to, a written prize notice or envelope which indicates that the notice or envelope originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector, or law firm, unless the written prize notice or envelope originates from that source;

(3) Represent directly or by implication that the number of persons eligible for the prize is limited or that a person has been selected to receive a particular prize unless the representation is true;

(4) Represent that a person is a winner or finalist, has been specially selected, is in first place, or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a single winner or select group of winners will receive a prize, when in fact the enterprise is a promotional scheme designed to make contact with prospective customers and all or a substantial number of those receiving the notice are awarded the same prize;

(5)(A) Represent directly or by implication that a person will have an increased chance of receiving a prize by making multiple or duplicate purchases, payments, or donations, or by entering a game, drawing, sweepstakes, or other contest more than one (1) time, unless the representation is true.

(B) A sponsor is deemed to have made such representation if the sponsor delivers one (1) or more prize notices to a person after the person has already made a purchase, payment, or donation to the sponsor for the same promotion, or has already entered the same game, drawing, sweepstakes, or other contest, unless the sponsor can demonstrate a bona fide error even though the sponsor has implemented procedures reasonably designed to prevent such duplication;

(6) Represent directly or by implication that a person is being notified a second or final time of the opportunity to receive or compete for a prize unless the representation is true;

(7) Represent directly or by implication that a prize notice is urgent, or otherwise convey an impression of the urgency by use of description, narrative copy, phrasing on an envelope, or similar method unless there is a limited time period in which the recipient must take some action to claim or be eligible to receive a prize, and the date by which such action is required appears in immediate proximity to each representation of urgency and in the same type size and boldness as each representation of urgency;

(8)(A) Knowingly sell, rent, exchange, transfer, or otherwise furnish to or purchase from other persons, financial data regarding Arkansans disclosed in connection with a prize promotion not in compliance with this chapter.

(B) For purposes of this chapter, financial data includes credit card numbers, bank account numbers, other payment device numbers, and dollars spent on prize promotions which are not in compliance with this chapter; or

(9) Request an individual to disclose the individual's phone number, age, birthdate, credit card ownership, or financial data in connection with a prize promotion which is not in compliance with this chapter.

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Ark. Code Ann. § 4-102-106
Disclosures required.
(a) No sponsor shall offer a prize nor shall a sponsor use any solicitation, whether written or oral, and however communicated, that offers a prize, unless the person to whom such offer is made has first received a written prize notice containing the information required in subsections (b) and (c) of this section.

(b) A written prize notice must contain each of the following:

(1) The true name or names of the sponsor and the address of the sponsor's actual principal place of business;

(2) The retail value of each prize the person receiving the notice has been selected to receive or may be eligible to receive;

(3) A statement of the person's odds of receiving each prize identified in the notice;

(4) Any requirement that the person pay shipping or handling fees or any other charges in order to obtain or use a prize, or any fees required to obtain information about a prize, including the nature and amount of such charges;

(5) If the receipt of the prize is subject to a restriction, a statement that a restriction applies, and a description of the restrictions;

(6) Any limitations on eligibility for the prize; and

(7) If a sponsor represents that the person is a "winner", is a "finalist", has been "specially selected", is in "first place", or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize, the written prize notice must contain a statement of the maximum number of persons in the group or purported group with this enhanced likelihood of receiving a prize.

(c) The information required by subsection (b) of this section must be presented in the following form:

(1) The retail value and statement of odds required under subdivisions (b)(2) and (3) of this section must be stated in immediate proximity to each identification of a prize on the written notice, and must be in the same size and boldness of type as the reference to the prize;

(2) The statement of odds must include, for each prize, the total number of prizes to be given away and the total number of written prizes to be distributed;

(3) The number of prizes and written prize notices must be stated in arabic numerals;

(4) The statement of odds must be in the following form: ".... (number of prizes) out of .... (notices distributed)";

(5) If a person is required to pay shipping or handling fees or any other charges in order to obtain a prize, to be eligible to obtain a prize, to obtain information about a prize, or to otherwise participate in the contest, the following statement must appear in immediate proximity to each listing of the prize in the written prize notice, in not less than 10-point bold face type: "YOU MUST PAY $ .... TO RECEIVE THIS ITEM" or "YOU MUST PAY $ .... TO COMPETE FOR THIS ITEM" or "YOU MUST PAY $ .... TO OBTAIN INFORMATION ABOUT THIS ITEM", whichever is applicable; and

(6) A statement required under subdivision (b)(7) of this section must appear in immediate proximity to each representation that the person is among a group of persons with an enhanced likelihood of receiving a prize and must be in the same size and boldness of type as the representation.

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Ark. Code Ann. § 4-102-107
Prize award required.

A sponsor who represents to a person that the person has been awarded a prize shall, not later than thirty (30) days after making a representation, provide the person with the prize, or with a voucher, certificate, or other document giving the person the unconditional right to receive the prize, or shall provide the person with either of the following items selected by the person:

(1) Any other prize listed in the written prize notice that is available and that is of equal or greater value; or

(2) The retail value of the prize as stated in the written notice in the form of cash, a money order, or a certified check.

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Ark. Code Ann. § 4-102-108
Telephonic prize offers.
(a) All provisions of this chapter apply to prize offers made by way of telephone communication.

(b) Sponsors of the offers shall not solicit or accept the payment of any money from any person unless that person has first received the written prize notice as required by this chapter.

(c) No sponsor shall solicit or utilize in any fashion any credit card or bank account information from any person unless that person has first received a written prize notice as required by this chapter.

(d) If a sponsor contacts a person by telephone after that person has first received a written prize notice as required by this chapter, the sponsor shall specifically identify the written prize notice and shall by oral disclosure communicate all disclosures required by § 4-102-106 prior to soliciting or accepting any money from any person and prior to soliciting or accepting any credit card or bank account information from any person.

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Ark. Code Ann. § 4-102-109
Application of the Home Solicitation Act.

All prize offers, including telephone prize offers, in which the sponsor has initiated contact, regardless of his or her location, and the consumer's agreement to pay is made at the consumer's home and is an agreement to pay more than twenty-five dollars ($25.00) is a home solicitation sale within the meaning of § 4-89-102(4).

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Ark. Code Ann. § 4-103-201
Definitions.
As used in this subchapter:

(1)(A) "Charitable organization" means any nonprofit corporation that is or holds itself out to be established for a charitable purpose or any person who employs a charitable appeal as the basis for any solicitation or appeal that suggests, directly or indirectly, that the solicitation is for a charitable purpose.

(B) "Charitable organization" includes a person, chapter, branch, area office, or a similar affiliate or agent of any of these, whether paid or not paid, soliciting contributions within the state for a charitable organization or cause;

(2) "Charitable purpose" means any charitable, benevolent, philanthropic, humane, patriotic, scientific, artistic, public health, social welfare, advocacy, environmental, conservation, civic, or other eleemosynary purpose as defined and amended, from time to time, by the Internal Revenue Code;

(3) "Container" means any box, carton, package, receptacle, canister, jar, dispenser, or machine that offers a product for sale or distribution for solicitation purposes; and

(4) "Disclosure label" means a printed or typed notice affixed to a container located in a conspicuous place and accessible to the public which is easily readable and legible and informs the public of the following:

(A) The approximate annual percentage paid, if any, to an individual or organization to maintain, service, or collect the contributions raised by the solicitation;

(B) The net percentage or sum for the most recent calendar year going to the specific charitable purpose; and

(C) If the maintenance, service, and collection from the container is done by volunteers or by paid individuals.

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Ark. Code Ann. § 4-103-202
Disclosure label required -- Unlawful charitable solicitation.
(a) Any container used by any charitable organization in a public place to solicit contributions by offering a product for sale or distribution for solicitation purposes shall have a disclosure label attached to it.

(b) Any charitable organization that knowingly places a container in violation of the provisions of subsection (a) of this section commits the offense of unlawful charitable solicitation.

(c) Unlawful charitable solicitation is a Class C misdemeanor.

(d) It is an affirmative defense to prosecution under this section that a charitable organization has given one hundred percent (100%) of the receipts generated by the container to the charitable purpose for which the charitable organization represented the funds were being solicited.

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Ark. Code Ann. § 4-103-203
Exemptions.

No charitable organization shall be liable for prosecution under this subchapter for failure to place a disclosure label on any container if:

(1) The container generates less than one hundred dollars ($100) gross per annum; or

(2) The charitable organization generates less than five hundred dollars ($500) per year from all sources for any charitable purpose or purposes combined.

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Ark. Code Ann. § 4-103-204
Enforcement of subchapter.
(a)(1) Any violation of the provisions of this subchapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter.

(b) The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this subchapter.

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Ark. Code Ann. § 4-103-205
Construction of subchapter.
The provisions of this subchapter shall be supplemental to the laws of this state pertaining to charitable fraud or fraudulent practices.

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Ark. Code Ann. § 4-104-201
Definitions.
As used in this subchapter:

(1) “Credit card” means:

(A) Any card, plate, or other single credit device that may be used from time to time to obtain credit.

(B) Checks and similar instruments that can be used only once to obtain a single credit extension are not credit cards;

(2) “Credit card issuer” means:

(A) Any person or entity who issues a credit card; or

(B) The employee or agent of the person or entity, with respect to the card;

(3) “Institution of higher education” means any public or private university, college, technical college, or community college located in Arkansas; and

(4) “Person” means any natural person, firm, association, organization, partnership, corporation, or company, or any combination thereof.

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Ark. Code Ann. § 4-104-202
Face-to-face solicitations.
(a)(1) It is unlawful to:

(A) Solicit any person to apply for a credit card in an academic building and within one hundred feet (100') of an academic building on the campus of an institution of higher education; or

(B) Offer gifts or any other promotional incentives to any person under twenty-one (21) years of age through direct face-to-face contact in order to entice the person to apply for a credit card.

(2) Prior to any personal solicitation of credit card applications on the campus of an institution of higher education in which gifts or any other promotional incentives are being offered, the credit card issuer shall verify the identity and age of the person to be solicited by the review of a valid driver's license or other credible means of identification bearing a photograph of the person.

(3) This subsection shall not apply to the solicitation of a credit card application by a bank or credit union located on the campus if the solicitation is made within its office.

(b) It is unlawful to issue a credit card to any individual whose application for credit is obtained as a result of actions prohibited by this subchapter.

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Ark. Code Ann. § 4-104-203
Solicitations at athletic events.

If the institution of higher learning permits solicitations at athletic events, the institution shall include a credit seminar within the institution's freshman orientation.

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Ark. Code Ann. § 4-104-204
Violations -- Penalties.
Any credit card issuer violating this subchapter shall be guilty of a violation and fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each violation.

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Ark. Code Ann. § 4-105-201
Definitions.

For purposes of this subchapter:

(1)(A) "Assistive device" means a:

(i) Manual wheelchair;

(ii) Motorized wheelchair;

(iii) Motorized scooter designed to enhance the mobility of a disabled person; or

(iv) Van lift.

(B) "Assistive device" does not include a device having a value of less than seven hundred fifty dollars ($750);

(2) "Assistive device dealer" means a person who is in the business of selling assistive devices;

(3) "Assistive device lessor" means a person who leases an assistive device to a consumer or who holds the lessor's rights under a written lease;

(4) "Assistive device warranty" means the warranty attached to assistive devices sold or leased by assistive device manufacturers or assistive device dealers;

(5) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device;

(6) "Consumer" means:

(A) The purchaser of an assistive device, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;

(B) A person to whom the assistive device is transferred for purposes other than resale if the transfer occurs before the expiration of an express warranty applicable to the assistive device;

(C) A person who may enforce the warranty; and

(D) A person who leases an assistive device from an assistive device lessor under a written lease;

(7) "Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public;

(8)(A) "Early termination cost" means any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter.

(B) "Early termination cost" includes a penalty for prepayment under a finance arrangement;

(9)(A) "Early termination saving" means any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to a manufacturer pursuant to the provisions of this subchapter.

(B) "Early termination saving" includes an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination;

(10) "Manufacturer" means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but does not include an assistive device dealer;

(11) "Nonconformity" means a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, including, but not limited to, any piece or part or any premanufactured and assembled part by the manufacturer or employee that fails in use, but does not include:

(A) A condition of the device that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer; or

(B) A condition of the device that is the result of normal use which may be resolved through a fitting adjustment, preventative maintenance, or proper care; and

(12) "Reasonable attempt to repair" means, within the terms of an express warranty applicable to a new assistive device:

(A) Presenting the assistive device for repair of the same nonconformity on at least three (3) separate occasions to the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers; or

(B) The assistive device is out of service with no assistive device available for loan for an aggregate of at least fourteen (14) calendar days because of warranty nonconformity.

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Ark. Code Ann. § 4-105-202
Express warranties.
(a) A manufacturer who in the State of Arkansas sells an assistive device to a consumer shall provide to the consumer an express warranty to continue no less than one (1) year after first delivery of the assistive device.

(b) In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of an assistive device that for a period of no less than one (1) year after the date of first delivery to the consumer the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer.

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Ark. Code Ann. § 4-105-203
Warranty.
If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before thirty (30) days after return delivery of the assistive device to a consumer, the nonconformity shall be repaired at no charge to the consumer.

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Ark. Code Ann. § 4-105-204
Repair.

(a) A reasonable amount of time to fix a nonconformity shall be thirty (30) calendar days, with the exchange of a substitute of the consumer's assistive device at the option of the consumer.

(b) If, after a reasonable attempt to repair, the nonconformity is not repaired, then at the direction of the consumer the manufacturer shall do one (1) of the following:

(1) Accept return of the assistive device and replace the assistive device with a comparable new assistive device and refund any collateral costs;

(2)(A) Accept return of the assistive device and refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device, as their interest may appear, the full purchase price plus any finance charge paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use.

(B) A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, the denominator of which is one thousand four hundred sixty (1,460) and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer; or

(3) With respect to a consumer who leases an assistive device from an assistive device lessor under a written lease, accept return of the assistive device, refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease, and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use.

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Ark. Code Ann. § 4-105-205
Valuation.
(a) The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the assistive device lessor's early termination savings.

(b) A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand four hundred sixty (1,460) and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, assistive device lessor, or assistive device dealer.

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Ark. Code Ann. § 4-105-206.
Refund or replacement.

(a)(1) To receive a comparable new assistive device or a refund due under the provisions of this subchapter, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer.

(2) No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the consumer with an assistive device or a refund.

(b) After the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer or its dealer, along with any endorsements necessary to transfer ownership to the manufacturer.

(c)(1)(A) To receive a refund due under the provisions of this subchapter, a person who leases an assistive device from an assistive device lessor under a written lease shall offer to return the assistive device having the nonconformity to its manufacturer.

(B) No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the consumer.

(2) After the manufacturer provides the refund, the consumer shall return to the manufacturer the nonconforming assistive device.

(d)(1) To receive a refund due under the provisions of this subchapter, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer.

(2) No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the assistive device lessor.

(e) A consumer who prevails in any legal proceeding under this subchapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based upon actual time expended by the attorney, determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action.

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Ark. Code Ann. § 4-106-201
Prohibited Practices.
It shall be unlawful and a violation of this subchapter for any person to sell, market, promote, advertise, or otherwise distribute any card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from health care providers in health-related purchases if:

(1) The card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance;

(2) The card or other purchasing mechanism or device does not expressly provide in bold and prominent type on the card or in a statement attached to the card that the consumer has the right to cancel his or her registration within thirty (30) days from the effective date of the card or other purchasing mechanism or device;

(3) The discounts are not specifically authorized by an individual and separate contract with each health care provider listed in conjunction with the card or other purchasing mechanism or device;

(4) The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are, regardless of the literal wording used:

(A) Misleading;

(B) Deceptive; or

(C) Fraudulent;

(5) The card or any advertisements for the card in any form include words or phrases that are commonly associated with the business of insurance, such as “health plan”, “ preexisting condition”, or “coverage”, in a way that could have a tendency to deceive the public into believing that the cards are a form of insurance;

(6) The contract for the card or other purchasing mechanism or device, or any other document that is provided to the consumer at the time the card or other purchasing mechanism or device is received, does not contain:

(A) Information in bold and prominent type that a consumer has the right to cancel his or her registration within thirty (30) days from the effective date of the card or other purchasing mechanism or device; and

(B) Instructions on how a consumer may cancel his or her registration;

(7) Printed advertisements and other printed promotional materials concerning the card or other purchasing mechanism or device do not expressly provide in bold and prominent type that:

(A) The discounts are not insurance; and

(B) The card or other purchasing mechanism or device contains a thirty-day cancellation period; and

(8) Electronic advertisements and other electronic promotions concerning the card or other purchasing mechanism or device, including, but not limited to, radio, television, the Internet, and telephone solicitations, do not expressly state in a prominent manner that:

(A) The discounts are not insurance; and

(B) A consumer has the right to cancel the registration within a thirty-day period under § 4-106-205.

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Ark. Code Ann. § 4-106-202
Actions for Violations--Remedies.
(a) The Attorney General, any person, firm, private corporation, municipal or other public corporation, or trade association may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and for the recovery of damages.

(b) Any person subject to liability under this section shall be deemed as a matter of law to have purposely availed himself of the privileges of conducting activities within Arkansas sufficient to subject the person to the personal jurisdiction of the circuit court hearing an action brought pursuant to this subchapter.

(c) An action for violation of this section may be brought:

(1) In the county where the plaintiff resides;

(2) In the county where the plaintiff conducts business;

(3) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised, or otherwise distributed; or

(4) In the Pulaski County Circuit Court if the action is initiated by the Attorney General.

(d)(1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof.

(2) It shall not be necessary, except to recover for actual damages under subdivision (d)(3)(B) of this section, that actual damages to the plaintiff be alleged or proved.

(3) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant:

(A) Whichever is greater:

(i) One hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised, or otherwise distributed within the State of Arkansas; or

(ii) Ten thousand dollars ($10,000);

(B) Three (3) times the amount of the actual damages, if any, sustained;

(C) Reasonable attorney's fees;

(D) Costs; and

(E) Any other relief which the court deems proper.

(e)(1) All actions under this section shall be commenced within two (2) years after the date on which the violation of this subchapter occurs or within two (2) years after the person bringing the action discovers or in the exercise of reasonable diligence should have discovered the occurrence of the violation of this subchapter.

(2) The period of limitation provided in this section may be extended for a period of one hundred eighty (180) days if the person bringing the action proves by a preponderance of the evidence that the failure to timely commence the action was caused by the defendant's engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action.

(f)(1) Any defendant in an action brought under the provisions of this subchapter may be required to testify under § 16-43-211 and as otherwise provided by law.

(2) In addition, the books and records of the defendant may be brought into court and introduced, by reference, into evidence.

(g) The remedies prescribed in this section are cumulative and in addition to the remedies prescribed in the Deceptive Trade Practices Act, § 4-88-101 et seq., and any other applicable criminal, civil, or administrative penalties.

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Ark. Code Ann. § 4-106-203.
Statutory Agent
Any person who sells, markets, promotes, advertises, or otherwise distributes any card or other purchasing mechanism or device which is not insurance that purports to offer discounts from health care providers in health-related purchases in Arkansas shall:

(1) Designate an agent who is a resident of Arkansas for service of process; and

(2) Register the agent with the Secretary of State.

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Ark. Code Ann. § 4-106-204
Exempt Services.
Nothing in this subchapter shall be construed to apply to eye or vision care services, glasses, or contact lenses provided by an optometrist or ophthalmologist.

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Ark. Code Ann. § 4-106-205
Right to Rescind Contract--no Waiver of Claims.
(a) In addition to any other right to revoke an offer, a buyer who enters into a contract for the purchase of a health-related discount card or other purchasing mechanism or device has the absolute right to cancel the contract and receive a full refund without penalty until midnight of the thirtieth calendar day after the effective date of the card or other purchasing mechanism or device.

(b) The acceptance or use of any card or other purchasing mechanism or device is not a waiver of:

(1) Any claim that may be asserted under this subchapter or under § 4-88-101 et seq.; or

(2) Any other applicable criminal, civil, or administrative penalties.

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Ark. Code Ann. § 4-107-201
Definitions.
As used in this subchapter, unless the context otherwise requires:

(1) “Card issuer” means any person who issues a credit card or the agent of the person with respect to the credit card;

(2) “Cardholder” means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person;

(3) “Credit” means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment;

(4) “Credit card” means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit;

(5)(A) “Creditor” means a person who both:

(i) Regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four (4) installments or for which the payment of a finance charge is or may be required; and

(ii) Is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement.

(B) In the case of an open-end credit plan involving a credit card, the card issuer is a creditor.

(C) “Creditor” shall also include card issuers, whether or not the amount due is payable by agreement in more than four (4) installments;

(6)(A) “Open-end credit plan” means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance.

(B) A credit plan which is an open-end credit plan within the meaning of the preceding sentence is an open-end credit plan even if credit information is verified from time to time; and

(7) “Person” means a natural person or an organization.

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Ark. Code Ann. § 4-107-202
Cordholders Protected.
(a) If a credit cardholder transfers an outstanding credit card balance from one credit card account to another credit card account, the creditor issuing the credit card from which the outstanding balance was transferred shall not collect any interest or any other fees attributable to the credit card account for the amount of the outstanding balance having been transferred for any period after the date of the transfer from the account.

(b) Any creditor issuing a credit card who charges a consumer any interest or any other fees after the transfer of an outstanding credit balance from one credit card account to another credit card account shall be liable to the consumer for an amount which is treble the amount of any interest or other fees charged, plus all costs, to include a reasonable amount for attorney's fees.

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Ark. Code Ann. § 4-107-203
Deceptive Trade Practice.
(a)(1) Further, a violation of the provisions of this subchapter by a credit card issuer or creditor issuing a credit card shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this section.

(b) Nothing in this subchapter shall limit the rights or remedies which are otherwise available to the credit card holder under any other law.

(c) The obligations under this subchapter are cumulative and should in no way be deemed to limit the obligations imposed under any other state or federal law.

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Ark. Code Ann. § 4-107-204
Applicability.
Notwithstanding the federal Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq., or any other federal or state laws protecting the rights of consumers who are issued credit cards in this state or other states, the provisions of this subchapter shall apply to all qualifying credit card account transactions where a creditor has chosen to issue a credit card to a citizen of the State of Arkansas or has chosen to continue to offer a credit card account to a citizen in Arkansas and shall thereby be governed by the provisions of this subchapter.

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Ark. Code Ann. § 4-107-301
Legislative findings.
The General Assembly finds, determines, and declares that:

(1) Credit, particularly the use of credit cards, is an important tool for consumers in today's economy;

(2) Unscrupulous persons often fraudulently use the credit card accounts of others by stealing the credit card itself or obtaining the necessary information to fraudulently charge the purchase of goods and services to another person's credit card account; and

(3) Protection from unauthorized use of credit card accounts is necessary.

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Ark. Code Ann. § 4-107-302
Definitions.

As used in this subchapter:

(1) “Authorized user” means a person granted express, implied, or apparent authority to use a cardholder's credit card or credit card number;

(2) “Cardholder” means the named credit card account member and co-applicant who applies for or accepts the terms and conditions of a credit card account;

(3) “Charges” means purchases, cash advances, annual membership fees, delinquent payment fees, insufficient fund fees, over-the-limit credit fees, or other amounts incurred through the use of the credit card;

(4) “Credit card” means an instrument or device, whether known as a credit card, charge card, credit plate, courtesy card, identification card, or by any other name, that:

(A) Is issued by a credit card issuer with or without a fee;

(B) Has an assigned account number; and

(C) Is for the use of the cardholder to obtain money, goods, services, or anything of monetary value, on credit, in possession, or in consideration of an undertaking or guaranty by the credit card issuer of the payment of a check drawn by the cardholder on a promise to pay, in part or in full, at a future time whether or not any part of the indebtedness that is represented by the promise to make a deferred payment is secured or unsecured;

(5) “Credit card account” means a line of credit offered by a credit card issuer to a cardholder for the use of a credit card;

(6) “Credit card agreement” means the terms and conditions governing the use of the credit card account;

(7) “Credit card issuer” means a person who issues a credit card or the agent of a person with respect to a credit card;

(8) “Creditor” means a person, business, financial institution, or commercial enterprise that owns the credit card account;

(9) “Data” means the information maintained on the cardholder's account by the original creditor, credit card issuer, or succeeding creditor in the regular course of business and transferred as part of an assignment or sales agreement to the present creditor or owner of the account electronically or otherwise from which information the present creditor or owner has compiled;

(10) “Financial institution” means:

(A) A banking institution that may issue credit cards under any state or federal law;

(B) A banking subsidiary owned by a bank holding company as defined in 12 U.S.C. § 1841or by a savings and loan holding company as defined in 12 U.S.C. § 1467a(a)(1)(D); or

(C) Any federally regulated banking institution;

(11) “Interest” means a payment to compensate a creditor or prospective creditor for making an extension of credit, making available a line of credit, or for a borrower's default or breach of a condition on which credit was extended; and

(12) “Terms and conditions” means the general and special arrangements, provisions, requirements, rules, specifications, and standards that form an integral part of a credit card agreement between the credit card issuer and the cardholder.

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Ark. Code Ann. § 4-107-303
Printing card number on receipts.

(a) No person, firm, partnership, association, corporation, limited liability company, or other entity accepting credit cards for the transaction of business shall print more than the last five (5) digits of the credit card account number, the credit card expiration date, or both, on a credit card receipt to the cardholder.

(b)(1) This section shall apply only to the receipts that are electronically printed and shall not apply to transactions in which the sole means of recording the credit card number is by handwriting or by an imprint or copy of the credit card.

(2)(A) Except as provided in subdivision (b)(2)(C) of this section, this section applies to any person or entity formed on and after July 16, 2003, that uses a cash register or any other machine or device that electronically imprints receipts of credit card transactions.

(B) Except as provided in subdivision (b)(2)(C) of this section, beginning January 1, 2004, this section also applies to any person or entity formed before July 16, 2003, that uses a cash register and any other machine or device that electronically imprints receipts of credit card transactions.

(C) Until January 1, 2005, this section shall not apply to:

(i) Institutions of higher education; or

(ii) Persons or entities employing no more than twenty-five (25) employees or who have generated no more than five million dollars ($5,000,000) annually in revenues from the person's business activities.

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Ark. Code Ann. § 4-107-304
Acceptance of credit card agreement.
The acceptance of the terms and conditions of a credit card account by a cardholder may be established as binding and enforceable by:

(1) The written or electronic signature or other electronic record of acceptance by the cardholder; or

(2) The use of the credit card account by the named credit card account member, any coapplicant, or any authorized user if the credit card agreement provides that any use of the credit card account constitutes an acceptance of the terms and conditions of the credit card agreement if the time prescribed in 12 C.F.R. § 202.12(b) has expired.

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Ark. Code Ann. § 4-107-305
Liability.
(a) A cardholder is personally liable for charges and interest incurred by the named credit card account member, any coapplicant, or any authorized user on the credit card account of the cardholder.

(b) A cardholder is not liable for charges and interest incurred on the credit card account as a result of fraudulent activity by another person.

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Ark. Code Ann. § 4-107-306
Amount owed.
(a) A creditor may establish a presumption of correctness of its ownership of the credit card account and the amount of the charges and interest that is owed on a credit card account by:

(1) Filing a copy of the credit card issuer's final billing statement or charge-off statement; or

(2) Filing a compilation of the data maintained by the original creditor, credit card issuer, or succeeding creditor in the regular course of business.

(b) The cardholder may dispute the presumption with any credible evidence as allowed by state or federal law.

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Ark. Code Ann. § 4-107-307
Interest rate.
A creditor may establish the contracted interest rate for a credit card account by:

(1) Documenting the acceptance of the terms and conditions that contain a stated or variable interest rate by a cardholder of the credit card account; or

(2) Any billing statement generated by the credit card issuer that contains a stated or variable interest rate.

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Ark. Code Ann. § 4-110-101
Short title.

This chapter shall be known and cited as the “Personal Information Protection Act”.

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Ark. Code Ann. § 4-110-102
Findings and purpose.

(a) It is the intent of the General Assembly to ensure that sensitive personal information about Arkansas residents is protected.

(b) To that end, the purpose of this chapter is to encourage individuals, businesses, and state agencies that acquire, own, or license personal information about the citizens of the State of Arkansas to provide reasonable security for the information.

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Ark. Code Ann. § 4-110-103
Definitions.
As used in this chapter:

(1)(A) "Breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a person or business.

(B) "Breach of the security of the system" does not include the good faith acquisition of personal information by an employee or agent of the person or business for the legitimate purposes of the person or business if the personal information is not otherwise used or subject to further unauthorized disclosure;

(2)(A) "Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the law of this state, any other state, the United States, or of any other country or the parent or the subsidiary of a financial institution.

(B) "Business" includes:

(i) An entity that destroys records; and

(ii) A state agency;

(3) "Customer" means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business;

(4) "Individual" means a natural person;

(5) "Medical information" means any individually identifiable information, in electronic or physical form, regarding the individual's medical history or medical treatment or diagnosis by a health care professional;

(6) "Owns or licenses" includes, but is not limited to, personal information that a business retains as part of the internal customer account of the business or for the purpose of using the information in transactions with the person to whom the information relates;

(7) "Personal information" means an individual's first name or first initial and his or her last name in combination with any one (1) or more of the following data elements when either the name or the data element is not encrypted or redacted:

(A) Social security number;

(B) Driver's license number or Arkansas identification card number;

(C) Account number, credit card number, or debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account; and

(D) Medical information;

(8)(A) "Records" means any material that contains sensitive personal information in electronic form.

(B) "Records" does not include any publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number; and

(9) "State agencies" or "state agency" means any agency, institution, authority, department, board, commission, bureau, council, or other agency of the State of Arkansas supported by cash funds or the appropriation of state or federal funds

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Ark. Code Ann. § 4-110-104
Protection of personal information.

(a) A person or business shall take all reasonable steps to destroy or arrange for the destruction of a customer's records within its custody or control containing personal information that is no longer to be retained by the person or business by shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any means.

(b) A person or business that acquires, owns, or licenses personal information about an Arkansas resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.

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Ark. Code Ann. § 4-110-105
Disclosure of security breaches.
(a)(1) Any person or business that acquires, owns, or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach of the security of the system to any resident of Arkansas whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

(2) The disclosure shall be made in the most expedient time and manner possible and without unreasonable delay, consistent with the legitimate needs of law enforcement as provided in subsection (c) of this section, or any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the data system.

(b) Any person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of any breach of the security of the system immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

(c)(1) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation.

(2) The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation.

(d) Notification under this section is not required if, after a reasonable investigation, the person or business determines that there is no reasonable likelihood of harm to customers.

(e) For purposes of this section, notice may be provided by one (1) of the following methods:

(1) Written notice;

(2) Electronic mail notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001, as it existed on January 1, 2005; or

(3)(A) Substitute notice if the person or business demonstrates that:

(i) The cost of providing notice would exceed two hundred fifty thousand dollars ($250,000);

(ii) The affected class of persons to be notified exceeds five hundred thousand (500,000); or

(iii) The person or business does not have sufficient contact information.

(B) Substitute notice shall consist of all of the following:

(i) Electronic mail notice when the person or business has an electronic mail address for the subject persons;

(ii) Conspicuous posting of the notice on the website of the person or business if the person or business maintains a website; and

(iii) Notification by statewide media.

(f) Notwithstanding subsection (e) of this section, a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies affected persons in accordance with its policies in the event of a breach of the security of the system.

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Ark. Code Ann. § 4-110-106
Exemptions.

(a)(1) The provisions of this chapter do not apply to a person or business that is regulated by a state or federal law that provides greater protection to personal information and at least as thorough disclosure requirements for breaches of the security of personal information than that provided by this chapter.

(2) Compliance with the state or federal law shall be deemed compliance with this chapter with regard to the subjects covered by this chapter.

(b) This section does not relieve a person or business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information.

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Ark. Code Ann. § 4-110-107
Waiver.
Any waiver of a provision of this chapter is contrary to public policy, void, and unenforceable.

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Ark. Code Ann. § 4-110-108
Penalties.
Any violation of this chapter is punishable by action of the Attorney General under the provisions of § 4-88-101 et seq.

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Ark. Code Ann. § 4-111-101
Short title.
This chapter shall be known and cited as the “Consumer Protection Against Computer Spyware Act”.

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Ark. Code Ann. § 4-111-102
Definitions.
As used in this chapter:

(1) "Advertisement" means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose;

(2) "Authorized user", with respect to a computer, means a person that owns or is authorized by the owner or lessee to use the computer;

(3) "Bundled software" means software that is acquired through the installation of a large number of separate programs in a single installation when the programs are wholly unrelated to the purpose of the installation as described to the authorized user;

(4)(A) "Cause to be copied" means to distribute or transfer computer software or any component of computer software.

(B) "Cause to be copied" does not include providing:

(i) Transmission, routing, intermediate temporary storage, or caching of software;

(ii) A compact disk, website, computer server, or other storage medium through which the software was distributed by a third party; or

(iii) A directory, index, reference, pointer, hypertext link, or other information location tool through which the user of the computer located the software;

(5) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer but does not include a text or data file, including a cookie;

(6) "Computer virus" means a computer program or other set of instructions that is designed to do the following acts without the authorization of the owner or owners of a computer or computer network:

(A) Degrade the performance of or disable a computer or computer network; and

(B) Have the ability to replicate itself on another computer or computer network;

(7) "Damage" means any significant impairment to the integrity, confidentiality, or availability of data, software, a system, or information, including, but not limited to, the:

(A) Significant and intentional degradation of the performance of a computer or a computer network; or

(B) Intentional disabling of a computer or computer network;

(8) "Distributed denial of service" or "DDoS attack" means techniques or actions involving the use of one (1) or more damaged computers to damage another computer or a targeted computer system in order to shut the computer or computer system down and deny the service of the damaged computer or computer system to legitimate users;

(9) "Execute", when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software;

(10) "Hardware" means a comprehensive term for all of the discrete physical parts of a computer as distinguished from:

(A) The data the computer contains or that enables it to operate; and

(B) The software that provides instructions for the hardware to accomplish tasks;

(11) "Intentionally deceptive" means with the intent to deceive an authorized user in order to either damage a computer or computer system or wrongfully obtain personally identifiable information without authority:

(A) To make an intentional and materially false or fraudulent statement;

(B) To make a statement or description that intentionally omits or misrepresents material information; or

(C) An intentional and material failure to provide any notice to an authorized user regarding the download or installation of software;

(12) "Internet" means:

(A) The international computer network of both federal and nonfederal interoperable packet switched data networks; or

(B) The global information system that:

(i) Is logically linked together by a globally unique address space based on the Internet Protocol (IP) or its subsequent extensions;

(ii) Is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, its subsequent extensions, or other IP-compatible protocols; and

(iii) Provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subdivision (12);

(13) "Internet address" means a specific location on the Internet accessible through a universal resource locator or Internet protocol address;

(14) "Person" means one (1) or more individuals, partnerships, corporations, limited liability companies, or other organizations;

(15) "Personally identifiable information" means any of the following if it allows the entity holding the information to identify an authorized user by:

(A) First name or first initial in combination with last name;

(B) Credit or debit card numbers or other financial account numbers;

(C) A password or personal identification number or other identification required to access an identified account other than a password, personal identification number, or other identification transmitted by an authorized user to the issuer of the account or its agent;

(D) A social security number; or

(E) Any of the following information in a form that personally identifies an authorized user:

(i) Account balances;

(ii) Overdraft history;

(iii) Payment history;

(iv) A history of websites visited;

(v) Home address;

(vi) Work address; or

(vii) A record of a purchase or purchases; and

(16) "Phishing" means the use of electronic mail or other means to imitate a legitimate company or business in order to entice the user into divulging passwords, credit card numbers, or other sensitive information for the purpose of committing theft or fraud.

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Ark. Code Ann. § 4-111-103
Unlawful acts -- Exceptions.
(a) A person that is not an authorized user with actual knowledge, with conscious avoidance of actual knowledge or willfully, shall not cause computer software to be copied onto any computer in this state nor use the software to:

(1) Modify, through intentionally deceptive means, any of the following settings related to the computer's access to, or use of, the Internet:

(A) The page which appears when an authorized user launches an Internet browser or similar software program used to access and navigate the Internet;

(B) The default provider or web proxy the authorized user uses to access or search the Internet;

(C) The authorized user's list of bookmarks used to access web pages; or

(D) Settings in computer software or in a text or data file on the computer that are used to resolve a universal resource locator or other location identifier used to access a public or private network;

(2) Collect, through intentionally deceptive means, personally identifiable information about the authorized user that:

(A) Is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transmits the information from the computer to another person;

(B) Includes all or substantially all of the Internet addresses visited by an authorized user, other than Internet addresses of the provider of the software, if the computer software was installed in an intentionally deceptive manner to conceal from all authorized users of the computer the fact that the software is being installed;

(C) Is extracted from a computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user; or

(D) Is collected by extracting screen shots of an authorized user's use of the computer for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user;

(3) Prevent without authorization from the authorized user through intentionally deceptive means an authorized user's reasonable efforts to block the installation of or disable software by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user;

(4) Intentionally misrepresent that software will be uninstalled or disabled by an authorized user's action with knowledge that the software will not be uninstalled or disabled; or

(5) Through intentionally deceptive means remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer.

(b) A person who is not an authorized user who with actual knowledge, with conscious avoidance of actual knowledge, or willfully shall not:

(1) Cause computer software to be copied onto any computer in this state and use the software to take control of a computer by:

(A) Transmitting or relaying without the authorization of an authorized user commercial electronic mail or a computer virus from the consumer's computer;

(B) Accessing or using the authorized user's modem or Internet service for the purpose of causing:

(i) Damage to the authorized user's computer; or

(ii) An authorized user to incur financial charges for a service that is not authorized by the authorized user;

(C) Using the consumer's computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including, but not limited to, launching a denial of service attack; or

(D) Opening multiple, sequential, stand-alone advertisements in the authorized user's Internet browser without the authorization of an authorized user and with knowledge that a reasonable computer user can not close the advertisements without turning off the computer or closing the authorized user's Internet browser;

(2) Without authorization obtain the ability to use one (1) or more computers of other end users on a network to send commercial electronic mail, to damage other computers, or to locate other computers vulnerable to an attack without:

(A) Notice to or knowledge of the owners of the computers or computer networks; or

(B) A prior or existing personal, business, or contractual relationship with the owner or owners of the computer or computer networks;

(3) Modify any of the following settings related to the computer's access to, or use of, the Internet:

(A) An authorized user's security or other settings that protect information about the authorized user for the purpose of stealing personal information of an authorized user; or

(B) The security settings of the computer for the purpose of causing damage to one (1) or more computers;

(4) Prevent without the authorization of an authorized user an authorized user's reasonable efforts to block the installation of or disable software by presenting the authorized user with an option to decline installation of software with knowledge that when the option is selected by the authorized user the installation nevertheless proceeds; or

(5) Intentionally interfere with an authorized user's attempt to uninstall the software by:

(A) Leaving behind without authorization on the authorized user's computer for the purpose of evading an authorized user's attempt to remove the software from the computer hidden elements of the software that are designed to and will reinstall the software or portions of the software;

(B) Intentionally causing damage to or removing any vital component of the operating system;

(C) Falsely representing that software has been disabled;

(D) Changing the name, location, or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it;

(E) Using randomized or intentionally deceptive file names, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user;

(F) Causing the installation of software in a particular computer directory or computer memory for the purpose of evading an authorized user's attempt to remove the software from the computer;

(G) Requiring completion of a survey to uninstall software unless reasonably related to the uninstallation; or

(H) Requiring without the authority of the owner of the computer that an authorized user obtain a special code or download a special program from a third party to uninstall the software.

(c) A person that is not an authorized user, with regard to any computer in this state, shall not:

(1) Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content or software; or

(2) Deceptively cause the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this section.

(d) No person shall engage in phishing.

(e) A person who is not an authorized user who with actual knowledge, with conscious avoidance of actual knowledge, or willfully shall not cause computer software to be copied onto any computer in this state to carry out any of the violations described in subsections (a)-(d) of this section for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user if the software is installed in an intentionally deceptive manner that:

(1) Exploits a security vulnerability in the computer; or

(2) Bundles the software with other software without providing prior notice to the authorized user of the name of the software and that the software will be installed on the computer.

(f) Any provision of a consumer contract that permits an intentionally deceptive practice prohibited under this section is not enforceable.

(g) This section shall not apply to any monitoring of, or interaction with, a subscriber's Internet or other network connection or service or a protected computer in accordance with the relationship or agreement between the owner of the computer or computer system used by the authorized user and a:

(1) Telecommunications or Internet service provider;

(2) Cable Internet provider;

(3) Computer hardware or software provider; or

(4) Provider of information service or interactive computer service for:

(A) Network or computer security purposes;

(B) Diagnostics;

(C) Technical support;

(D) Repair;

(E) Authorized updates of software or system firmware;

(F) Authorized remote system management;

(G) Network management or maintenance; or

(H) Detection or prevention of the unauthorized use or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this subchapter.

(h) Notwithstanding any other provision of this chapter, the provisions of this chapter shall not apply to the installation of:

(1) Software that falls within the scope of a grant of authorization by an authorized user;

(2) An upgrade to a software program that has already been installed on the computer with the authorization of an authorized user; or

(3) Software before the first retail sale and delivery of the computer.

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Ark. Code Ann. § 4-111-104
Penalties.

Any violation of this chapter is punishable by action of the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq.

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Ark. Code Ann. § 4-111-105
Use of Spyware Monitoring Fund.
(a) All fines and penalties collected under § 4-111-104 shall be paid to the Treasurer of State for the benefit of the Spyware Monitoring Fund to be used by the Attorney General to:

(1) Investigate potential violations and enforce the provisions of this subchapter; and

(2) Establish and maintain a website to:

(A) Provide information concerning:

(i) The availability of computer software to combat spyware; and

(ii) False representations about the effectiveness of specific antispyware software;

(B) Promote consumer awareness about spyware, antispyware, and computer fraud;

(C) Educate consumers about:

(i) Spyware, computer fraud, and the effects of spyware and computer fraud upon consumer privacy and computer systems; and

(ii) How to access or obtain computer software to combat spyware; and

(D) Provide consumers with links to antispyware websites with helpful information.

(b) The Attorney General is authorized to request an appropriation from the fund to offset his or her salary and administrative expenses directly related to the enforcement of this subchapter and the administration of the website.

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Ark. Code Ann. § 4-112-101
Title.

This chapter shall be known and may be cited as the “Arkansas Consumer Report Security Freeze Act”.

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Ark. Code Ann. § 4-112-102
Definitions.
As used in this chapter:

(1) "Consumer" means an individual;

(2) "Consumer report" means the same as defined in 15 U.S.C. § 1681a(d) as it existed on January 1, 2009;

(3) "Consumer reporting agency" means the same as defined in 15 U.S.C. § 1681a(f) as it existed on January 1, 2009;

(4) "Credit report" means a consumer report that a consumer reporting agency furnishes to a person that it has reason to believe intends to use the consumer report as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes;

(5) "Proper identification" means the same as defined in 15 U.S.C. § 1681h(a)(1) as it existed on January 1, 2009;

(6) "Security freeze" means a notice placed in a credit report of a consumer at the request of the consumer that prohibits a consumer reporting agency from releasing the credit report or credit score of the consumer in response to a request to open a new account or to extend credit; and

(7)(A) "Victim of identity theft" means a consumer who supplies to a consumer reporting agency in conjunction with a request for a security freeze a copy of a valid investigative report, an incident report, or a complaint with a law enforcement agency alleging the unlawful use of the consumer's identifying information by another person.

(B) The copy of the valid investigative report, the incident report, or the complaint with a law enforcement agency may be transmitted to the consumer reporting agency by mail or secure electronic connection or secure electronic mail connection if the connection is made available by the consumer reporting agency.

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Ark. Code Ann. § 4-112-103
Placement of security freeze.
(a) A consumer may request that a security freeze be placed on his or her consumer report by:

(1) Sending his or her request in writing by mail to a consumer reporting agency;

(2) Telephoning his or her request to a consumer reporting agency and providing over the telephone proper identification or certain personal identification information required by the consumer reporting agency; or

(3) Electronically forwarding his or her request to a consumer reporting agency through a secure electronic connection or a secure electronic mail connection if the connection is made available by the consumer reporting agency.

(b) A consumer reporting agency shall place a security freeze on a credit report of a consumer no later than three (3) business days after receiving from the consumer:

(1) A request as provided in subsection (a) of this section;

(2) Proper identification; and

(3) Payment of the required fee, if applicable.

(c) Within five (5) business days of the receipt of the information and any applicable fees under subsection (b) of this section, the consumer reporting agency shall:

(1) Send a written confirmation of the placement of the security freeze to the consumer; and

(2) Provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his or her credit report for a specific period of time.

(d) At the time a consumer requests a security freeze, the consumer reporting agency shall disclose the process:

(1) Of placing a security freeze and temporarily lifting a security freeze; and

(2) For allowing access to information from the credit report of the consumer for a period of time while the security freeze is in place.

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Ark. Code Ann. § 4-112-104
Access to credit report -- Notification of unauthorized access.

(a) If the consumer wishes to allow his or her credit report to be accessed for a specific period of time while a security freeze is in place, he or she shall contact the consumer reporting agency using a method of contact designated by the consumer reporting agency requesting that the security freeze be temporarily lifted and providing, to complete the request, all of the following:

(1) Proper identification;

(2) The unique personal identification number or password provided by the consumer reporting agency under § 4-112-103(c); and

(3) The proper information regarding the time period for which the credit report shall be available to users of the credit report.

(b)(1) Except as provided in subdivision (b)(2) of this section, a consumer reporting agency that receives a request in compliance with subsection (a) of this section from a consumer to temporarily lift a security freeze on his or her credit report accompanied by all of the items listed in subsection (a) of this section shall comply with the request no later than:

(A) Three (3) business days after receiving the completed request by mail; or

(B) Fifteen (15) minutes after receiving the completed request by:

(i) Telephone;

(ii) Secure electronic connection; or

(iii) Secure electronic mail connection.

(2) A consumer reporting agency may temporarily lift a security freeze as soon as the circumstances reasonably permit during normal business hours if the consumer reporting agency's ability to temporarily lift the security freeze within fifteen (15) minutes is prevented by:

(A) An act of God, including without limitation a fire, an earthquake, a hurricane, a storm, or a similar natural disaster or phenomena;

(B) An unauthorized or illegal act by a third party, including without limitation terrorism, sabotage, riot, vandalism, a labor strike or dispute disrupting operations, or a similar occurrence;

(C) An operational interruption, including without limitation electrical failure, an unanticipated delay in the delivery of equipment or a replacement part, a computer hardware or software failure inhibiting response time, or a similar disruption;

(D) Governmental action, including without limitation an emergency order or regulation, a judicial or law enforcement action, or a similar directive;

(E) Regularly scheduled maintenance or updates during other than normal business hours to the consumer reporting agency's computer systems;

(F) Commercially reasonable maintenance or repair to the consumer reporting agency's systems if the maintenance or repair is unexpected or unscheduled; or

(G) The receipt of a removal request outside of normal business hours.

(c) A consumer reporting agency may develop procedures involving the use of telephone, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a security freeze on a credit report under subsection (a) of this section in an expedited manner.

(d) If in connection with an application for credit or any other use a third party requests access to a credit report on which a security freeze is in effect and the consumer does not allow his or her credit report to be accessed for that period of time, the third party may treat the application as incomplete.

(e) If a consumer reporting agency grants unauthorized access to a consumer's credit report, then within three (3) days of learning that unauthorized access to the credit report has been granted, the consumer reporting agency shall send notice to the consumer that unauthorized access has been granted for each time unauthorized access was granted.

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Ark. Code Ann. § 4-112-105
Removal of security freeze.
(a) A consumer reporting agency shall remove or temporarily lift a security freeze placed on the credit report of a consumer in the following cases:

(1) Upon the consumer's request under § 4-112-104 or § 4-112-106; or

(2) If the credit report of the consumer was frozen due to a material misrepresentation of fact by the consumer.

(b) If a consumer reporting agency intends to remove a security freeze upon a credit report of a consumer and is not doing so at the request of the consumer, the consumer reporting agency shall notify the consumer in writing at least three (3) business days before removing the security freeze on the credit report of the consumer.

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Ark. Code Ann. § 4-112-106
Consumer request for removal of security freeze.
(a)(1) A security freeze shall remain in place until the consumer requests that the security freeze be removed using a method of contact designated by the consumer reporting agency.

(2) A consumer reporting agency shall remove a security freeze within three (3) business days of receiving a request for removal under subdivision (a)(1) of this section from a consumer who provides with the request:

(A) Proper identification; and

(B) The unique personal identification number or password provided by the consumer reporting agency under § 4-112-103(c)(2).

(b) A consumer reporting agency shall require proper identification of the consumer making a request to place or remove a security freeze.

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Ark. Code Ann. § 4-112-107
Exceptions.
(a) This chapter does not apply to the use of a credit report by any of the following:

(1)(A) A person or an entity, or a subsidiary, an affiliate, or an agent of that person or entity, or an assignee of a financial obligation owed by the consumer to that person or entity, or a prospective assignee of a financial obligation owed by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or a contract including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owed for the account, contract, or negotiable instrument.

(B) As used in this subdivision (a)(1), "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements;

(2) A subsidiary, an affiliate, an agent, an assignee, or a prospective assignee of a person or an entity to which access has been granted for purposes of facilitating the extension of credit or other permissible use;

(3) A state or local agency, law enforcement agency, trial court, or private collection agency acting under a court order, warrant, or subpoena;

(4) A child support agency acting under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., as it existed on January 1, 2009;

(5) The state or its agents or assigns acting to investigate fraud or acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other constitutional or statutory responsibilities if such responsibilities are consistent with a permissible purpose under 15 U.S.C. § 168lb, as it existed on January 1, 2009;

(6) The use of credit information used for purposes permitted under 15 U.S.C. § 1681b(c), as it existed on January 1, 2009;

(7) Any person or entity administering a credit file monitoring subscription or similar service to which the consumer has subscribed;

(8) Any person or entity for the purpose of providing a consumer with a copy of his or her credit report or credit score upon the request of the consumer;

(9) Any person using the information in connection with the business of insurance; or

(10) A consumer reporting agency for its database or file that is used for one (1) or more of the following:

(A) Maintaining criminal records;

(B) Fraud prevention or detection;

(C) Maintaining personal loss history information; or

(D) Employment, tenant, or individual background screening.

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Ark. Code Ann. § 4-112-108
Permissible fees -- Exception.
(a) Except as provided in subsection (b) of this section, a consumer reporting agency may charge a consumer a fee of no more than five dollars ($5.00) for the:

(1) Initial placement of a security freeze;

(2) Removal of a security freeze; or

(3) Temporary lifting of a security freeze for a period of time.

(b) A consumer reporting agency shall not charge a fee for the initial placement of a security freeze if requested by a consumer who is:

(1) At least sixty-five (65) years of age; or

(2) A victim of identity theft.

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Ark. Code Ann. § 4-112-109
Written confirmation.

(a) If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within thirty (30) days of posting the change to the file of the consumer:

(1) Name;

(2) Date of birth;

(3) Social security number; and

(4) Address.

(b)(1) Written confirmation is not required for technical modifications of official information of a consumer, including name and street abbreviations, complete spellings, or the transposition of numbers or letters.

(2) In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.

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Ark. Code Ann. § 4-112-110
Entities not required to place security freeze.
The following entities are not required to place a security freeze on a credit report:

(1)(A) A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies and does not maintain a permanent database of credit information from which new credit reports are produced.

(B) However, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a credit report by another consumer reporting agency;

(2) A check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; or

(3) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.

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Ark. Code Ann. § 4-112-111
Notice.
At any time that a consumer is required to receive a summary of rights required under 15 U.S.C. § 168lg(c), as it existed on January 1, 2009, the following notice shall be included:

"Arkansas Consumers Have the Right to Obtain a Security Freeze.

You have the right to place a "security freeze" on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, government services or payments, rental housing, employment, investment, license, cellular phone, utilities, digital signature, Internet credit card transaction, or other services, including an extension of credit at point of sale.

When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the security freeze on your credit report or authorize the release of your credit report for a period of time after the security freeze is in place. To provide that authorization you must contact the consumer reporting agency by one (1) of the methods that it requires and provide all of the following:

(1) Your personal identification number or password;

(2) Proper identification to verify your identity; and

(3) The proper information regarding the period of time for which the credit report shall be available.

A consumer reporting agency must authorize the release of your credit report for a period of time within fifteen (15) minutes or as soon as practical if good cause exists for the delay, and must remove a security freeze no later than three (3) business days after receiving all of the above items by any method that the consumer reporting agency allows.

A security freeze does not apply to a person or an entity, or its affiliates, or collection agencies acting on behalf of the person or entity with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

You have a right to bring a civil action against anyone, including a consumer reporting agency, that willfully or negligently fails to comply with any requirement of the Arkansas Consumer Report Security Freeze Act.

A consumer reporting agency has the right to charge you up to five dollars ($5.00) to place a security freeze on your credit report, to temporarily lift a security freeze on your credit report, or to remove a security freeze from your credit report. However, you shall not be charged any fee if you are at least sixty-five (65) years of age or if you are a victim of identity theft and have submitted, in conjunction with the security freeze request, a copy of a valid investigative report or incident report or complaint with a law enforcement agency alleging the unlawful use of your identifying information by another person."

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Ark. Code Ann. § 4-112-112
Civil action.

(a) Any person or entity that willfully fails to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer; and

(2) In the case of any successful action to enforce any liability under this chapter, the costs of the action together with reasonable attorney's fees as determined by the court.

(b) Any person or entity that obtains a credit report, requests a security freeze, or requests the temporary lift of a security freeze or the removal of a security freeze from a consumer reporting agency under false pretenses or in an attempt to violate federal or state law is liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or one thousand dollars ($1,000), whichever is greater.

(c) Any person or entity that is negligent in failing to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure; and

(2) In the case of any successful action to enforce any liability under this chapter, the costs of the action together with reasonable attorney's fees as determined by the court.

(d) Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this chapter was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party reasonable attorney's fees in relation to the work expended in responding to the pleading, motion, or other paper.

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Ark. Code Ann. § 4-112-113
Enforcement--Penalties--Remedies.
(a) A violation of this chapter constitutes an unfair act or practice or a deceptive act or practice under § 4-88-101 et seq. pertaining to deceptive trade practices.

(b)(1) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall be available to the Attorney General for enforcement of this chapter.

(2) The remedies and penalties provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state.

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Ark. Code Ann. § 4-112-114
No prohibition on advising third party that security freeze is in effect.
This chapter does not prohibit a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the credit report of a consumer.

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Ark. Code Ann. § 4-113-101
Short Title.
This chapter shall be known and may be cited as the “Connect Arkansas Broadband Act”.

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Ark. Code Ann. § 4-113-102
Scope and Purpose.
As used in this chapter:

(1) “Broadband” means any service used to provide Internet access at a minimum speed that is the greater of:

(A) Seven hundred sixty-eight kilobites1 per second (768 kbps) in at least one (1) direction; or

(B) The minimum speed for broadband as defined by regulations of the Federal Communications Commission as of January 1, 2009, or as of a later date if adopted by rule of the Arkansas Broadband Council;

(2) “Broadband backbone” means the collection of high-capacity broadband infrastructure used to deliver broadband service to communities, counties, or regions of the State of Arkansas;

(3) “Last mile broadband” means the broadband media used to deliver broadband to a user location such as a home or an office building; and

(4) “Participants” means the employees of Connect Arkansas and all entities participating in Connect Arkansas programs to facilitate the preparation of the people and businesses of Arkansas for the use of broadband and to facilitate the deployment of broadband service to individual and organizational consumers in Arkansas.

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Ark. Code Ann. § 4-113-103
Connect Arkansas--Nonprofit Organization--Purposes--Grants.
(a) The Arkansas Capital Corporation may form a nonprofit corporation named “Connect Arkansas” to:

(1) Prepare the people and businesses of Arkansas to secure the economic, educational, health, social, and other benefits available via broadband use;

(2) Facilitate the availability of broadband service to every home and business in Arkansas;

(3) Promote broadband-based development in Arkansas, with the goals of facilitating:

(A) Broadband education so that the citizens of every home and business in Arkansas can take full advantage of broadband services; and

(B) The availability of broadband service to broadband-educated citizens in every home and business in Arkansas by the end of the year 2012; and

(4)(A) Recognize that services such as geographical information system data delivery and high-definition television programs require increasingly huge demands in bandwidth; and

(B) Promote broadband backbone networks that will serve all of Arkansas with the bandwidth to support Arkansas home and business needs into the foreseeable future.

(b) The Governor, and with the consent of the Governor, the Arkansas Economic Development Commission, the Arkansas Science and Technology Authority, and any other state entity may make grants available for the purpose of supporting Connect Arkansas.

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Ark. Code Ann. § 4-113-104
Creation of the Arkansas Broadband Council.
(a) The Arkansas Broadband Council is created and shall:

(1) Monitor the broadband-based development efforts of other states and nations in areas such as business, education, and health;

(2) Receive input from all Arkansas broadband stakeholders and advise the Governor and the General Assembly on policies related to broadband in Arkansas;

(3) Serve as the broadband advocate to state agencies and other state entities to communicate the broadband needs of the citizens and organizations of the state that do not have access to broadband service or to broadband service adequate for their needs; and

(4) Have the authority to adopt by rule the minimum speed for the definition of “broadband” under § 4-113-102(1) that is provided by the regulations of the Federal Communications Commission.

(b) The council shall include:

(1) One (1) representative from each broadband provider association that exists in the state on July 31, 2007, including without limitation the Arkansas Cable Telecommunications Association and the Arkansas Telecommunications Association;

(2) Three (3) members to be appointed by the Governor;

(3) Three (3) members to be appointed by the President Pro Tempore of the Senate;

(4) Three (3) members to be appointed by the Speaker of the House of Representatives; and

(5) The President of the Arkansas Science and Technology Authority or his or her designee who shall serve as an ex officio member of the council.

(c) The council shall provide:

(1) A written biennial report to the Governor and the General Assembly; and

(2) Interim reports as requested by the Governor or the General Assembly.

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Ark. Code Ann. § 4-113-105
Broadband Service Registration.
(a) Connect Arkansas will establish a method for broadband service providers to register areas in which they provide broadband service to enable Connect Arkansas to target locations where broadband is not currently offered to Arkansas homes and businesses.

(b) Specific registration requirements will be established by Connect Arkansas, but competitive provider information shall be kept confidential by Connect Arkansas.

(c) Connect Arkansas shall execute nondisclosure agreements with providers to guarantee confidentiality.

(d) Connect Arkansas may disclose areas that are registered, the types of broadband available in registered areas, and any provider information that the provider identifies as acceptable for disclosure.

(e) Registered areas are subject to verification by Connect Arkansas and by the affected counties, but competitive service provider information shall not be released outside of Connect Arkansas.

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Ark. Code Ann. § 4-113-106
Legislative Findings--Critical Infrastructure--Priority of County Economic Development Plans that Include Regional Broadband Collaboration.
(a) The General Assembly finds that:

(1) Broadband is:

(A) Critical infrastructure to the State of Arkansas; and

(B) Essential to:

(i) The fundamental activities of an advanced society including education, economic development, health, the pursuit of science and technology, and the conduct of government at all levels; and

(ii) Obtaining economic and educational equality among the different counties and regions of Arkansas;

(2) As a critical infrastructure:

(A) The first phase of the statewide broadband effort must be to make broadband accessible to every individual and organization in Arkansas; and

(B) The second phase of the statewide broadband effort must be to establish Arkansas as a leader in the leveraging of broadband in support of the activities essential to an advanced society; and

(3) The inclusion of broadband in state and county economic development plans should be encouraged.

(b) State activities in support of county economic development plans shall give priority to county economic development plans that include regional broadband collaborations to assist in situations in which counties cannot independently establish broadband.

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Ark. Code Ann. § 4-114-101
Title.
This chapter shall be known and may be cited as the “Service Contracts Act”.

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Ark. Code Ann. § 4-114-102
Scope and purpose.
(a) The purpose of this chapter is to:

(1) Create a legal framework within which service contracts are defined, may be sold, and are regulated in this state;

(2) Add significant consumer protections; and

(3) Eliminate unnecessary administration.

(b) A service contract under § 4-114-103 is not insurance and is not subject to the Arkansas Insurance Code.

(c) This chapter does not apply to:

(1) Warranties;

(2) Maintenance agreements;

(3) Commercial transactions;

(4) A person or entity or the affiliate of a person or entity licensed or certificated by the Arkansas Public Service Commission or the Federal Communications Commission with respect to warranties, service contracts, or maintenance agreements covering wiring, transmission devices, equipment, or services offered or provided by the person, entity, or affiliate to its customers;

(5) Service contracts sold or offered for sale to persons other than consumers;

(6) Motor vehicle service contracts as defined in and regulated pursuant to the Motor Vehicle Service Contract Act, § 4-90-501 et seq.; or

(7) Mechanical breakdown insurance.

(d) Manufacturer's service contracts on the manufacturer's products are subject only to §§ 4-114-106(a), 4-114-106(d)--(g), 4-114-107, and 4-114-111.

(e) Other than mechanical breakdown insurance, the types of agreements referred to in subsections (c) and (d) of this section and service contracts governed under this chapter are not insurance and are not subject to compliance with any provision of the insurance laws of this state.

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Ark. Code Ann. § 4-114-103
Definitions.
As used in this chapter:

(1) "Administrator" means the person who is responsible for the administration of a service contract;

(2) "Consumer" means an individual who buys other than for purposes of resale any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or resale purposes;

(3) "Maintenance agreement" means a contract of limited duration that provides for scheduled maintenance only;

(4) "Manufacturer" means a person that:

(A) Manufactures or produces property and sells the property under its own name or label;

(B) Is a wholly owned subsidiary of the person that manufactures or produces that property;

(C) Is a corporation that owns one hundred percent (100%) of the person that manufactures or produces the property;

(D) Does not manufacture or produce the property, but the property is sold under its trade name label;

(E) Manufactures or produces the property, and the property is sold under the trade name or label of another person; or

(F) Does not manufacture or produce the property but licenses the use of its trade name or label under a written contract with another person that sells the property under the licensor's trade name or label;

(5) "Mechanical breakdown insurance" means a policy, a contract, or an agreement issued by an authorized insurer that provides for the repair, replacement, or maintenance of property or indemnification for repair, replacement, or service for the operations or structural failure of the property due to a defect in materials or workmanship or to normal wear and tear;

(6) "Nonoriginal manufacturer's parts" means replacement parts not made for or by the original manufacturer of the property, commonly referred to as "after market parts";

(7) "Person" means an individual, a partnership, a corporation, an incorporated or unincorporated association, a joint stock company, a reciprocal, a syndicate, or any similar entity or combination of entities acting in concert;

(8) "Premium" means the consideration paid to an insurer for a reimbursement insurance policy;

(9) "Provider" means a person that is contractually obligated to the service contract holder under the terms of the service contract;

(10) "Provider fee" means the consideration paid for a service contract;

(11) "Reimbursement insurance policy" means a policy of insurance issued to a provider to either:

(A) Provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider; or

(B) In the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider;

(12)(A) "Service contract" means a contract or an agreement for a separately stated consideration and for a specific duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance for the operational or structural failure of property due to a defect in materials, workmanship, or normal wear and tear, with or without additional provision for incidental payment of indemnity under limited circumstances, including without limitation unavailability of parts, obsolescence, food spoilage, rental, or shipping.

(B) "Service contract" does not include mechanical breakdown insurance or maintenance agreements.

(C) A service contract may provide for the repair, replacement, or maintenance of property for damage resulting from power surges or accidental damage from handling.

(D) A service contract is not insurance in this state or otherwise regulated under the Arkansas Insurance Code;

(13) "Service contract holder" means a person that is the purchaser or holder of a service contract; and

(14) "Warranty" means a warranty made solely by the manufacturer, importer, or seller of property or services without charge that:

(A) Is not negotiated or separated from the sale of the product;

(B) Is incidental to the sale of the product; and

(C) Guarantees indemnity for defective parts, mechanical breakdown, or electrical breakdown and labor or other remedial measures, such as repair or replacement of the property or repetition of services.

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Ark. Code Ann. § 4-114-104
Requirements for doing business.

(a) A provider may appoint an administrator or other designee to be responsible for all or part of the administration of service contracts and compliance with this chapter.

(b) Service contracts shall not be issued, sold, or offered for sale in this state unless the provider or its designee has:

(1) Provided a receipt or other written evidence of the purchase of the service contract to the contract holder;

(2) Provided a copy of the service contract to the service contract holder within a reasonable period of time from the date of purchase; and

(3) Complied with this chapter.

(c)(1) Each provider of service contracts sold in this state shall file a registration with the Insurance Commissioner consisting of its name, full corporate address, telephone number and contact person, evidence of compliance with subsection (d) of this section, a designation of a person in this state for service of process, and any other information required to be submitted by rule of the commissioner.

(2) Each provider shall pay to the commissioner a fee in the amount of two hundred dollars ($200) upon initial registration and every year thereafter.

(3) The registration shall be updated by written notification to the commissioner if material changes occur in the registration.

(d) In order to assure the faithful performance of a provider's obligations to its contract holders, each provider that is contractually obligated to provide service under a service contract shall:

(1) Insure all service contracts under a reimbursement insurance policy issued by an insurer licensed, registered, or authorized to transact insurance in this state or a surplus lines insurer that is authorized under § 23-65-310 and maintains statutory capital and surplus of at least fifteen million dollars ($15,000,000) at all times while the reimbursement insurance policy is in force;

(2) Do both of the following:

(A)(i) Maintain a funded reserve account for its obligations under its contracts issued and outstanding in this state.

(ii) The reserves shall not be less than forty percent (40%) of gross consideration received less claims paid on the sale of all unexpired service contracts.

(iii) The reserve account shall be subject to examination and review by the commissioner; and

(B) Place in trust with the commissioner a financial security deposit having a value of not less than five percent (5%) of the gross consideration received less claims paid on the sale of all unexpired service contracts, but not less than twenty-five thousand dollars ($25,000), consisting of a surety bond issued by an authorized surety; or

(3)(A) Maintain a net worth of one hundred million dollars ($100,000,000) on its own or together with its parent company if the parent company executes a parental guarantee in a form acceptable to the commissioner.

(B) Upon request, the provider shall provide the commissioner with a copy of the provider's financial statements or, if the provider's financial statements are consolidated with those of its parent company, the provider's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year, or if the company does not file with the Securities and Exchange Commission, a copy of the company's audited financial statements, which shows an independent net worth of the provider or its parent company of at least one hundred million dollars ($100,000,000).

(C) If the provider's parent company's Form 10-K, Form 20-F, or audited financial statements are filed to meet the provider's financial stability requirement, then the parent company shall agree to guarantee the obligations of the obligor relating to service contracts sold by the provider in this state.

(e) Except for the requirements specified in subsection (d) of this section, no other financial security requirements shall be required by the commissioner for a provider.

(f)(1) Provider fees collected on service contracts shall not be subject to premium taxes.

(2) Premiums for reimbursement insurance policies shall be subject to applicable taxes.

(g) Except for the registration requirements in subsection (c) of this section, persons marketing, selling, or offering to sell service contracts for providers that comply with this chapter are exempt from this state's licensing requirements.

(h) Providers complying with this chapter are not required to comply with other provisions of the Arkansas Insurance Code.

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Ark. Code Ann. § 4-114-105
Required disclosures -- Reimbursement insurance policy.
(a) Reimbursement insurance policies insuring service contracts issued, sold, or offered for sale in this state shall state that the insurer that issued the reimbursement insurance policy shall:

(1) Reimburse or pay on behalf of the provider any covered sums the provider is legally obligated to pay; or

(2) In the event of the provider's nonperformance, shall provide the service that the provider is legally obligated to perform according to the provider's contractual obligations under the service contracts issued or sold by the provider.

(b) In the event covered service is not provided by the provider within sixty (60) days of proof of loss by the service contract holder, the service contract holder is entitled to apply directly to the reimbursement insurance company.

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Ark. Code Ann. § 4-114-106
Required disclosure--Service contracts.

(a) A service contract issued, sold, or offered for sale in this state shall:

(1) Be written in clear, understandable language that is easy to read; and

(2) Conspicuously disclose the applicable requirements of this section.

(b)(1) A service contract insured under a reimbursement insurance policy under § 4-114-104(d)(1) shall contain the name and address of the insurer and a statement in substantially the following form: “Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or provide service on a claim within sixty (60) days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the insurance company.”

(2) A claim against the provider may include a claim for return of the unearned provider fee.

(c)(1) A service contract not insured under a reimbursement insurance policy under § 4-114-104(d)(1) shall conspicuously state the name and address of the provider and contain a statement in substantially the following form: “Obligations of the provider under this service contract are backed only by the full faith and credit of the provider (issuer) and are not guaranteed under a service contract reimbursement insurance policy.”

(2) A claim against the provider shall also include a claim for return of the unearned provider fee.

(d) A service contract shall identify the administrator, the provider obligated to perform the service under the contract, the service contract seller, and the service contract holder to the extent that the name and address of the service contract holder have been furnished by the service contract holder.

(e)(1) A service contract or a service contract holder's receipt shall state the total purchase price and the terms under which the service contract is sold.

(2) The purchase price is not required to be preprinted on the service contract and may be negotiated at the time of sale with the service contract holder.

(f) If prior approval of repair work is required, a service contract shall state the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and a procedure for obtaining emergency repairs performed outside of normal business hours.

(g) A service contract shall:

(1) Disclose the deductible amount;

(2) Specify the merchandise and services to be provided and any limitations, exceptions, or exclusions;

(3)(A) State the conditions upon which the use of the nonoriginal manufacturer's parts or substitute service may be allowed.

(B) Conditions stated shall comply with applicable state and federal laws;

(4) State any terms, restrictions, or conditions governing the transferability of the service contract;

(5)(A) State the terms, restrictions, or conditions governing termination of the service contract by the service contract holder.

(B)(i) The provider of the service contract shall mail a written notice to the contract holder within fifteen (15) days of the date of termination in the event the provider terminates the service contract.

(ii) Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the service contract holder to the provider, or a substantial breach of duties by the service contract holder relating to the covered product or its use.

(C) The notice shall state the effective date of the cancellation and the reason for the cancellation.

(D) A pro rata refund of the unearned portion of the provider fee less the amount or value of any claims paid shall accompany the notice unless cancellation is for nonpayment;

(6)(A) Require every provider to permit the service contract holder to return the contract within no less than twenty (20) days of the date of mailing of the service contract or no less than ten (10) days if the service contract is delivered at the time of sale or within a longer time period permitted under the service contract.

(B) If no claim has been made under the service contract, the service contract is void and the provider shall refund to the service contract holder the full purchase price of the service contract.

(C) A ten percent (10%) penalty per month shall be added to a refund that is not paid within forty-five (45) days of return of the service contract to the provider.

(D) The applicable free-look time period on service contracts shall only apply to the original service contract purchaser and only if no claim has been made prior to its return to the provider;

(7) Set forth all of the obligations and duties of the service contract holder, such as the duty to protect against any further damage and the requirement for certain service and maintenance; and

(8) Clearly state whether or not the service contract provides for or excludes consequential damages or preexisting conditions.

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Ark. Code Ann. § 4-114-107
Prohibited acts.
(a)(1) A provider shall not use a name:

(A) With the words “insurance”, “casualty”, “surety”, “mutual”, or any other words descriptive of the insurance, casualty, or surety business; or

(B) Deceptively similar to the name or description of any insurance or surety corporation or any other provider.

(2)(A) This subsection shall not apply to a company that was using any of the prohibited language in its name prior to October 1, 2007.

(B) However, a company using the prohibited language in its name shall conspicuously disclose in its service contracts that the service contract is not an insurance contract.

(b) A provider or its representative shall not in its service contracts or literature make or permit or cause to be made any false or misleading statement or deliberately omit any material statement that would be considered misleading if omitted in connection with the sale, offer to sell, or advertisement of a service contract.

(c) A person, including without limitation a bank, savings and loan association, lending institution, manufacturer, or seller of any product shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.

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Ark. Code Ann. § 4-114-108
Recordkeeping requirements.

(a)(1) A provider shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.

(2) A provider's accounts, books, and records shall include:

(A) A copy of each type of service contract issued;

(B) The name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder;

(C) A list of the provider locations where service contracts are marketed, sold, or offered for sale; and

(D) Claims files containing at a minimum the dates, amounts, and description of all receipts, claims, and expenditures related to the service contracts.

(3) Except as provided in subsection (b) of this section, a provider shall retain all records pertaining to each service contract holder for at least three (3) years after the specified period of coverage has expired.

(4)(A) A provider may keep all records required under this chapter on a computer disk or other similar technology.

(B) If a provider maintains records in other than hard copy, records shall be accessible from a computer terminal available to the Insurance Commissioner and be capable of duplication to legible hard copy.

(b) A provider discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to service contract holders in this state.

(c) A provider shall make all accounts, books, and records concerning transactions regulated under this chapter or other pertinent laws available to the commissioner upon request.

(d) The books and records requirement of this section may be delegated by the provider to its administrator or other designee, but such delegation shall not relieve the provider of its obligations to have the books and records maintained and produced upon the commissioner's request.

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Ark. Code Ann. § 4-114-109
Cancellation of reimbursement insurance policy.
(a) An insurer that issued a reimbursement insurance policy shall not terminate the policy until at least sixty (60) days' notice of termination has been mailed or delivered to the Insurance Commissioner and in accordance with any other applicable law.

(b) The termination of a reimbursement insurance policy shall not reduce the insurer's responsibility for service contracts issued by providers prior to the date of the termination.

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Ark. Code Ann. § 4-114-110
Obligation of reimbursement insurance policy insurers.

(a)(1) A provider is considered to be the agent of the insurer that issued a reimbursement insurance policy for the purpose of obligating an insurer for the acts of its agents, including the collection of moneys not forwarded.

(2) If a provider is acting as an administrator and enlists other providers, the provider acting as the administrator shall notify the insurer of the existence and identities of the other providers.

(b) This chapter shall not prevent or limit the right of an insurer that issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the insurer pays or is obligated to pay a service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract or under a contractual agreement.

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Ark. Code Ann. § 4-114-111
Enforcement provisions.
(a) The Insurance Commissioner may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce the provisions of this chapter and protect service contract holders in this state.

(b)(1) The commissioner may take any action that is necessary or appropriate to enforce the provisions of this chapter and the commissioner's rules and orders to protect service contract holders in this state.

(2) The commissioner may order a provider to cease and desist from committing violations of this chapter or the commissioner's rules or orders, may issue an order prohibiting a provider from selling or offering a service contract for sale, or may issue an order imposing a civil penalty, or any combination of these, if the provider has violated this chapter or the commissioner's rules or orders.

(3)(A) A person aggrieved by an order issued under this subsection may request a hearing before the commissioner by filing a request with the commissioner within twenty (20) days of the commissioner's order.

(B) Pending the hearing and the decision by the commissioner, the commissioner shall suspend the effective date of the order.

(C)(i) At the hearing, the burden shall be on the commissioner to show why the order is justified.

(ii) The provisions of § 23-61-301 et seq. shall apply to a hearing requested under this subsection.

(4)(A) The commissioner may bring an action in the Pulaski County Circuit Court for an injunction or other appropriate relief for threatened or existing violations of this chapter or of the commissioner's rules or orders.

(B) An action filed under subdivision (b)(3)(A) of this section may also seek restitution on behalf of persons aggrieved by a violation of this chapter or a rule or an order of the commissioner.

(5)(A) A person in violation of this chapter or a rule or an order of the commissioner may be assessed a civil penalty not to exceed five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of a similar nature.

(B) For purposes of this subdivision (b)(5), violations shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the act, conduct, or practice that is determined to be a violation of this chapter has occurred.

(c) The authority of the commissioner under this section is in addition to other authorities of the commissioner.

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Ark. Code Ann. § 4-114-112
Rules.
The Insurance Commissioner may promulgate rules necessary to effectuate this chapter.

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Ark. Code Ann. § 4-115-101
Credit card processing service -- Required disclosures -- Prohibitions.
(a)(1) Any person or entity that offers a credit card processing service in this state shall disclose the following information on any contract or agreement to render a credit card processing service:

(A) The effective date of the contract;

(B) The term of the contract;

(C) The amount of any monthly minimum fee or charge for the credit card processing service; and

(D) The amount of any fee or charge for terminating the contract or agreement.

(2) The disclosures required in subsection (a) of this section and any other terms and conditions pertaining to the use of the credit card processing service shall be printed in 8-point font at a minimum.

(b) A person or entity that offers a credit card processing service in this state shall not charge:

(1) A fee of more than fifty dollars ($50.00) for terminating a contract for credit card processing service; or

(2) A monthly minimum fee under a credit card processing service contract for more than one (1) month after the credit card processing service contract is terminated.

(c) Equipment rentals or lease purchase payments charged by a person or entity that offers a credit card processing service shall not be considered to be fees for the purposes of this chapter.

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Ark. Code Ann. § 4-115-102
Penalties and enforcement.
(a) A violation of the provisions of this chapter by a person or entity providing credit card processing service shall constitute an unfair and deceptive act or practice, as defined by § 4-88-101 et seq.

(b) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall be available to the Attorney General for the enforcement of this chapter.

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Ark. Code Ann. § 4-115-103
Applicability and exclusions.
(a) Nothing contained in this chapter shall:

(1) Affect the jurisdiction of state or federal bank regulators over the regulation of credit card processing services provided by state or national banks; or

(2) Limit the rights or remedies that are otherwise available to a person or an entity that has contracted with a credit card processing service.

(b) This chapter does not apply to:

(1) A contract entered into before August 1, 2007;

(2) A state bank, a national bank, or a savings association, each as defined in 12 U.S.C. § 1813, as it existed on January 1, 2009; or

(3) The parent, affiliate, or subsidiary of a state bank, a national bank, or a savings association, each as defined in 12 U.S.C. § 1813, as it existed on January 1, 2009.

(c) The obligations under this chapter are cumulative and do not limit the obligations imposed under any other state or federal law.

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Ark. Code Ann. § 4-116-101
Title and intent.
(a) This act shall be known and referred to as the “Refund Anticipation Loan Act”.

(b) It is the intent of the General Assembly that this act shall protect consumers who enter into a refund anticipation loan and a refund anticipation check transaction.

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Ark. Code Ann. § 4-116-102
Definitions.

(1) "Consumer" means a person who, individually or in conjunction with another consumer, is solicited for, applies for, or receives a refund anticipation loan or refund anticipation check;

(2) "Creditor" means a person who makes a refund anticipation loan or who takes an assignment of a refund anticipation loan;

(3)(A) "Facilitator" means a person who, individually or in conjunction or cooperation with another person:

(i) Processes, receives, or accepts an application or agreement for a refund anticipation loan or refund anticipation check;

(ii) Services or collects upon a refund anticipation loan or refund anticipation check; or

(iii) Facilitates the making of a refund anticipation loan or refund anticipation check.

(B) "Facilitator" does not include a bank, savings and loan association, credit union, or person who acts solely as an intermediary and does not deal with the public in the making of a refund anticipation loan or refund anticipation check;

(4)(A) "Refund anticipation loan" means a loan arranged to be paid directly or indirectly from the proceeds of the consumer's income tax refund or tax credits.

(B) "Refund anticipation loan" includes any sale, assignment, or purchase of a consumer's tax refund at a discount or for a fee, whether or not the consumer is required to repay the buyer or assignee if the Internal Revenue Service denies or reduces the consumer's tax refund;

(5)(A) "Refund anticipation loan fee" means any charges, fees, or other consideration charged or imposed directly or indirectly for the making of or in connection with a refund anticipation loan.

(B) "Refund anticipation loan fee" includes a charge, fee, or other consideration for a deposit account if the deposit account is used for receipt of the consumer's tax refund to repay the amount owed on the loan; and

(6) "Refund anticipation check" means a check, stored value card, or other payment mechanism, representing the proceeds of the consumer's tax refund, which was issued by a depository institution or other person that received a direct deposit of the consumer's tax refund or tax credit and for which the consumer has paid a fee or other consideration for such payment mechanism.

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Ark. Code Ann. § 4-116-103
Scope.
Unless a facilitator has complied with the provisions of this chapter, a facilitator, including any officer, agent, employee or representative, individually or in conjunction or cooperation with another person, shall not:

(1) Solicit the execution of, process, receive, or accept an application or agreement for a refund anticipation loan or refund anticipation check; or

(2) Facilitate the making of a refund anticipation loan or refund anticipation check.

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Ark. Code Ann. § 4-116-104
Posting of fee schedules and disclosures.

(a) A facilitator shall display a schedule showing the current fees for refund anticipation loans or refund anticipation checks facilitated at the office.

(b) A facilitator also shall prominently display on each fee schedule the following information:

(1) Examples of the interest rates charged for refund anticipation loans in the amounts of:

(A) Two hundred fifty dollars ($250);

(B) Five hundred dollars ($500);

(C) One thousand dollars ($1,000); and

(D) Two thousand five hundred dollars ($2,500);

(2) A legend, centered, in bold capital letters, and in one-inch letters stating: “NOTICE CONCERNING REFUND ANTICIPATION LOANS”; and

(3) The following statement: “When you take out a refund anticipation loan, you are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN USUALLY GET YOUR REFUND IN 8 TO 15 DAYS WITHOUT PAYING ANY EXTRA FEES AND TAKING OUT A LOAN. You can have your tax return filed electronically and your refund direct deposited into your own bank account without obtaining a loan or paying fees for an extra product.”

(c)(1) The postings required by this section shall be made in no less than 28-point type on a document measuring no less than sixteen inches by twenty inches (16″ x 20″).

(2) The posting required in this section shall be displayed in a prominent location at each office where the facilitator is facilitating refund anticipation loans.

(d) A facilitator shall not facilitate a refund anticipation loan or refund anticipation check unless;

(1) The disclosures required by this section are displayed; and

(2) The fee charged for the refund anticipation loan or refund anticipation check is the same as the fee displayed on the schedule.

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Ark. Code Ann. § 4-116-105
Application disclosures.
(a) When a consumer applies for a refund anticipation loan, the facilitator shall disclose to the consumer on a colored-paper form separate from the application in 14-point type face, the following information:

(1) The fee for the refund anticipation loan, including the fee for the tax preparation and other fees charged the consumer;

(2) The time within which the proceeds of the refund anticipation loan will be paid to the consumer if the loan is approved;

(3) For refund anticipation loans, the following disclosures:

(A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and

(B) The statement: "This is a loan. You are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your refund is delayed, you may have to pay additional costs. YOU CAN USUALLY GET YOUR REFUND IN 8 TO 15 DAYS WITHOUT GETTING A LOAN OR PAYING EXTRA FEES. You can have your tax return filed electronically and your refund direct deposited into your bank account without obtaining a loan or other paid product."; and

(4)(A) For refund anticipation loans, disclosure of the refund anticipation loan interest rate.

(B) The refund anticipation loan interest rate shall be calculated utilizing the guidelines established under the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq., as it existed on January 1, 2009.

(b) If a consumer applies for a refund anticipation check, the facilitator shall disclose to the consumer on a colored-paper form separate from the application in 14-point type face, the following information:

(1) The fee for the refund anticipation check, including the fee for tax preparation and other fees charged the consumer;

(2) The time within which the proceeds of the refund anticipation check will be paid to the consumer; and

(3) The following disclosures:

(A) A legend, centered, in bold, capital letters, and in 18-point type stating: "NOTICE"; and

(B) The statement: "You are paying [amount of refund anticipation check fee] to get your refund check through [name of issuer of the refund anticipation check]. YOU CAN AVOID THIS FEE AND STILL RECEIVE YOUR REFUND IN THE SAME AMOUNT OF TIME BY HAVING YOUR REFUND DIRECTLY DEPOSITED INTO YOUR BANK ACCOUNT. You can also wait for the Internal Revenue Service to mail you a check."

(c) The facilitator shall provide to the consumer before completing the loan or check transaction in a form that can be kept by the consumer the following:

(1) The disclosures required by this subsection;

(2) A copy of the completed loan or check application and agreement; and

(3) For refund anticipation loans, the disclosures required by the federal Truth in Lending Act.

(d) The disclosures required by this section shall be provided in English and in the language used primarily for oral communication between the facilitator and the consumer.

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Ark. Code Ann. § 4-116-106
Oral disclosures.

(a) If a consumer applies for a refund anticipation loan, the facilitator shall orally inform the consumer:

(1) That the product is a loan that lasts one (1) or two (2) weeks;

(2) That if the consumer's tax refund is less than expected, the consumer is liable for the full amount of the loan and must repay any difference;

(3) The amount of the refund loan fee; and

(4) The refund anticipation loan interest rate.

(b) If a consumer applies for a refund anticipation check, the facilitator shall orally inform the consumer:

(1) The amount of the refund check; and

(2) That the consumer may receive a refund in the same amount of time without a fee if the tax return is filed electronically and if the consumer directly deposits the refund in the consumer's own bank account.

(c) The disclosures required in this section shall be provided in the language primarily used for oral communication between the facilitator and the consumer.

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Ark. Code Ann. § 4-116-107
Prohibited activities.
A facilitator shall not:

(1) Require a consumer to enter into a loan agreement in order to complete a tax return;

(2)(A) Charge or impose any fee or charge or require other consideration in the making or facilitating of a refund anticipation loan or refund anticipation check apart from the fee charged by the creditor or bank that provides the loan or check.

(B)(i) This section does not prohibit the charge or fee imposed by the facilitator to all of its customers if the same fee in the same amount is charged to customers who do not receive refund anticipation loans, refund anticipation checks, or other tax-related financial products.

(ii) This fee may include fees for tax return preparation;

(3) Engage in a transaction, practice, or course of business that operates a fraud upon a consumer in connection with a refund anticipation loan or refund anticipation check, including making oral statements contradicting any of the information required to be disclosed under this chapter;

(4) Directly or indirectly arrange for any third party to charge an interest, fee, or charge related to a refund anticipation loan or refund anticipation check, other than the refund anticipation loan or refund anticipation check fee imposed by the creditor, including without limitation charges for insurance, attorney's fees, other collection costs, or check cashing.

(5) Misrepresent a material fact or condition of a refund anticipation loan or refund anticipation check; and

(6) Fail to process the application for a refund anticipation loan promptly after the client applies for the loan.

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Ark. Code Ann. § 4-116-108
Remedies.
(a) A facilitator who violates a provision of this chapter is in violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and a consumer shall have all rights and remedies provided under this law.

(b) A facilitator who willfully fails to comply with any provision of this chapter is liable to the consumer for:

(1) Actual and consequential damages;

(2) Statutory damages of one thousand dollars ($1,000); and

(3) Reasonable attorney's fees and costs.

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Ark. Code Ann. § 4-117-101
Definitions.
As used in this chapter:

(1) “Authorized distributors of record” means those distributors with whom a drug manufacturer has established an ongoing relationship to distribute the drug manufacturer's products;

(2) “Board” means the Arkansas State Board of Pharmacy;

(3)(A) “Distribute” means the distribution of drug samples.

(B) “Distribute” does not include the providing of a drug sample to a patient by a:

(i) Physician or practitioner licensed to prescribe the drug;

(ii) Health care professional acting at the direction and under the supervision of a physician or practitioner; or

(iii) Pharmacy that has been granted approval from the Arkansas State Board of Pharmacy to handle samples at the direction of a physician or practitioner and that received the sample under this chapter;

(4) “Drug” means all medicines and preparations recognized in the United States Pharmacopoeia or the National Formulary as substances intended to be used for the care, mitigation, or prevention of disease of either humans or other animals;

(5) “Drug sample” means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug;

(6) “Licensed pharmacist” means a person holding a license under § 17-92-101 et seq.;

(7) “Pharmacy” means the place licensed by the board in which drugs, chemicals, medicines, prescriptions, and poisons are compounded, dispensed, or sold at retail; and

(8) “Physician” means a practitioner of medicine licensed under the laws of this state or some other state.

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Ark. Code Ann. § 4-117-102
Distribution of drug samples.
(a) Except under subsections (b) and (c) of this section, a person shall not distribute a drug sample.

(b)(1) A drug manufacturer or authorized distributor of record of a drug may distribute a drug sample by mail, common carrier, or by direct distribution by an authorized company representative to physicians or practitioners licensed to prescribe the drugs.

(2)(A) A distribution of a drug sample under subdivision (b)(1) of this section shall be made only upon the written request of the licensed physician or practitioner.

(B) The written request shall contain:

(i) The name, address, professional designation, and signature of the physician or practitioner making the request;

(ii) The identity of the drug sample requested, the strength of the drug, and the quantity requested;

(iii) The name of the drug manufacturer of the drug sample requested; and

(iv) The date of the request.

(c)(1)(A) A drug manufacturer or authorized distributor of record may distribute drug samples to its authorized company representatives by common carrier.

(B) A drug sample that is distributed by common carrier shall be shipped in a manner that requires the signature of the recipient before delivery.
(a) Except under subsections (b) and (c) of this section, a person shall not distribute a drug sample.

(b)(1) A drug manufacturer or authorized distributor of record of a drug may distribute a drug sample by mail, common carrier, or by direct distribution by an authorized company representative to physicians or practitioners licensed to prescribe the drugs.

(2)(A) A distribution of a drug sample under subdivision (b)(1) of this section shall be made only upon the written request of the licensed physician or practitioner.

(B) The written request shall contain:

(i) The name, address, professional designation, and signature of the physician or practitioner making the request;

(ii) The identity of the drug sample requested, the strength of the drug, and the quantity requested;

(iii) The name of the drug manufacturer of the drug sample requested; and

(iv) The date of the request.

(c)(1)(A) A drug manufacturer or authorized distributor of record may distribute drug samples to its authorized company representatives by common carrier.

(B) A drug sample that is distributed by common carrier shall be shipped in a manner that requires the signature of the recipient before delivery.

(C) The authorized company representative shall personally sign for this delivery.

(2) The drug manufacturer or authorized distributor of record does not violate this subsection if the common carrier fails to obtain the authorized company representative's signature.

(d)(1) The authorized company representative shall store the drug samples under conditions that will maintain the stability, integrity, and effectiveness of the drug samples and ensure that the drug samples will be free of contamination, deterioration, and adulteration as required under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.

(2) All compendial and labeling requirements for storage and handling of a particular prescription drug shall be followed.

(e)(1) The name and address of the individual responsible for responding to requests by the United States Food and Drug Administration regarding samples on behalf of a drug manufacturer or distributor shall be provided by the manufacturer to the Arkansas State Board of Pharmacy.

(2) The individual identified under subdivision (e)(1) of this section shall further serve as the initial contact person to the board concerning any alleged violations of this section.

(f)(1) A drug manufacturer or an authorized distributor of record shall maintain a list of:

(A) The name and address of each representative of the manufacturer or authorized distributor who distributes drug samples; and

(B) Each site where drug samples are stored.

(2) A record and a list maintained under this subsection shall be made available by the drug manufacturer or authorized distributor to the board upon request.

(g) A drug manufacturer or an authorized distributor shall notify the board of a significant loss of drug samples and known theft of drug samples.

(h) The board may report to the United States Food and Drug Administration any violation of this section.

(i) This section applies only to the distribution of drug samples within the State of Arkansas.

(j) A drug manufacturer that distributes drug samples in the State of Arkansas shall have a policy for drug screening of an employee who distributes drug samples in this state.