reglab/housing_qa huggingface dataset:
AR Code § 4-96-304 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 96 - Farm Machinery|Subchapter 3 - Arkansas New Farm Machinery Quality Assurance Act|§ 4-96-304. Right to repair

 After notice is provided under § 4-96-303, a manufacturer, a distributor, or an authorized dealer shall have the right to repair a nonconformity of farm machinery:   (1)  (A) Three (3) times for the same repair issue or thirty (30) days out of service for the same issue under this subchapter.  (B) The cost of three (3) repairs shall equal at least thirty percent (30%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter; or    (2)  (A) Five (5) times for all issues or sixty (60) days of out of service time.  (B) The cost of five (5) repairs under subdivision (2)(A) of this section shall be equal to at least fifty percent (50%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter.  (C) Days of out of service time do not count for the purposes of subdivision (1)(A) of this section if the authorized dealer provides comparable farm machinery.
AR Code § 4-96-305 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 96 - Farm Machinery|Subchapter 3 - Arkansas New Farm Machinery Quality Assurance Act|§ 4-96-305. Refund or replacement

 (a) If a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer does not conform farm machinery to the warranty as required under § 4-96-303, after notice of the nonconformity under § 4-96-303 by repairing or correcting one (1) or more nonconformities that substantially impair the farm machinery after a reasonable number of attempts, then, within thirty (30) days, the manufacturer or distributor shall:  (1) At the time of receipt of payment of a reasonable offset for use by the consumer, replace the farm machinery with comparable farm machinery acceptable to the consumer; or  (2) Repurchase the farm machinery from the buyer or lessor and refund to the buyer or lessor the full purchase price or lease price, less:  (A) A reasonable allowance for consumer use; and  (B) A reasonable offset for physical damage sustained by the farm machinery while under the ownership of the consumer.      (b) The replacement or refund under subsection (a) of this section shall include payment of all collateral charges and reasonably incurred incidental charges.  (c) A buyer has an unconditional right to choose a refund rather than a replacement under this subchapter.  (d) At the time of the refund or replacement, a consumer, lien holder, or lessor shall furnish clear title to and possession of the farm machinery to the manufacturer, distributor, or authorized dealer.  (e) The amount of reasonable allowance for consumer use is determined by the fair lease value of the farm machinery.
AR Code § 4-96-306 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 96 - Farm Machinery|Subchapter 3 - Arkansas New Farm Machinery Quality Assurance Act|§ 4-96-306. Affirmative defenses

 It is an affirmative defense to a claim under this subchapter that:   (1) A defect or condition does not substantially impair the use, value, or safety of the farm machinery;  (2) A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the farm machinery by a person other than the manufacturer, agent of a manufacturer, distributor, or an authorized dealer;  (3) A claim by the consumer was not filed in good faith; or  (4) If there are any other defenses allowed by law that may be raised against the claim.
AR Code § 4-96-307 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 96 - Farm Machinery|Subchapter 3 - Arkansas New Farm Machinery Quality Assurance Act|§ 4-96-307. 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 law.  (c)  (1) A consumer who prevails in a 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.  (2) The attorney's fees shall be:  (A) Based on actual time expended by the attorney; and  (B) Based on charges reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action as determined by the court.
AR Code § 4-96-308 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 96 - Farm Machinery|Subchapter 3 - Arkansas New Farm Machinery Quality Assurance Act|§ 4-96-308. Action — Limitations

 (a) A legal action brought under this subchapter shall commence within two (2) years following the date a buyer first reports the nonconformity to a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer.  (b)  (1) Before filing a legal action in court concerning the enforcement of the rights and remedies available to the consumer under this subchapter, the consumer and the manufacturer, distributor, or authorized dealer shall, in good faith, attempt to resolve all issues and claims in dispute through the use of an impartial, third-party mediator certified by the Arkansas Alternative Dispute Resolution Commission, if the seller has provided the required disclosures under § 4-96-303.  (2) The consumer and the manufacturer shall equally bear all costs and expenses of mediation, unless agreed otherwise.  (3) However, if the seller has not provided the required disclosure under § 4-96-303, the consumer is not required to utilize mediation before commencement of any legal action to enforce the consumer's rights under this subchapter.
AR Code § 4-99-101 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 1 - General Provisions|§ 4-99-101. Legislative finding, declaration, and intent

 (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.
AR Code § 4-99-102 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 1 - General Provisions|§ 4-99-102. Construction

 This chapter shall be construed liberally in order to achieve these purposes.
AR Code § 4-99-106 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 1 - General Provisions|§ 4-99-106. Exemption information — Requirements

 (a) A person claiming an exemption from registration as provided by this chapter shall keep full and accurate records in a form that will enable the person to provide to the Secretary of State or 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.
AR Code § 4-99-107 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 1 - General Provisions|§ 4-99-107. Bond requirement — Promotions — Notice prior to inception

 (a)  (1) A telephonic seller shall maintain a bond issued by a surety company authorized to do business in this state.  (2) The bond shall be in the amount of fifty thousand dollars ($50,000) in favor of the State of Arkansas for the benefit of a person suffering injury or loss by reason of a 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 a violation of this chapter.  (3) A copy of the bond shall be filed with the Secretary of State.    (b)  (1) At least ten (10) days before the inception of a 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 Secretary of State 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)  (i) 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.  (ii) A copy of the bond shall be filed with the Secretary of State.    (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) A person suffering injury or loss by reason of any violation of this chapter shall be paid the proceeds of the bond, or shall 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.  (D) The bond shall be maintained until the seller files with the Secretary of State proof that the premium was awarded.
AR Code § 4-99-108 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 1 - General Provisions|§ 4-99-108. Information to be provided each prospective purchaser

 (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 state rules, federal rules or 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) A person making or transmitting a telephone solicitation shall not 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 a caller identification service by a telecommunications provider that complies with § 23-17-122.
AR Code § 4-99-109 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 1 - General Provisions|§ 4-99-109. Irrevocable consent appointing Secretary of State to act as seller's attorney to receive service — Conditions of effective service

 (a) A telephonic seller shall file with the Secretary of State, in the form prescribed by the Secretary of State, an irrevocable consent appointing the Secretary of State 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, that 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 Secretary of State in conformance with this section, it has the same force and validity as if served personally on the seller.  (c) Service may be made by leaving a copy of the process with the Secretary of State, but service is not effective until both of the following are done:  (1) When service is effected under 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 Secretary of State; 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.
AR Code § 4-99-110 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 1 - General Provisions|§ 4-99-110. Soliciting prospective purchasers on behalf of unregistered telephonic seller prohibited — Violation

 (a)  (1) A salesperson shall not solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the Secretary of State under this chapter.  (2) A salesperson who violates this section shall be guilty of a Class A misdemeanor.    (b) Except as provided in subdivision (a)(1) of this section, any person, including without limitation the seller, a salesperson, agent or representative of the seller, or an independent contractor, who willfully violates a provision of this chapter or who directly or indirectly employs a device, scheme, or artifice to deceive in connection with the offer or sale by a telephonic seller, or who willfully, directly or indirectly, engages in any act, practice, or course of business that operates or would operate as fraud or deceit upon a person in connection with a sale by a telephonic seller shall be, upon conviction, guilty of a Class D felony.  (c)  (1) A person who controls a seller liable under this section, or a salesperson liable under subdivision (a)(1) of this section, every partner, officer, or director of such a seller or salesperson, a person occupying a similar status or performing a similar function, and an 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.  (2) There is contribution as in cases of contract among the several persons so liable.
AR Code § 4-99-111 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 1 - General Provisions|§ 4-99-111. Remedies provided for violation of provisions of this chapter not exclusive — Rights of Attorney General

 (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.
AR Code § 4-99-112 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 1 - General Provisions|§ 4-99-112. Burden of proving an 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.
AR Code § 4-99-201 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 2 - Residential Sales and Solicitations|§ 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.
AR Code § 4-99-202 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 2 - Residential Sales and Solicitations|§ 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.
AR Code § 4-99-203 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 99 - Regulation of Telephonic Sellers|Subchapter 2 - Residential Sales and Solicitations|§ 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.