reglab/housing_qa huggingface dataset:
AR Code § 4-90-402 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-404 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-405 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-407 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-408 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-409 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-410 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-411 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-412 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-413 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-415 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-416 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-417 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 4 - New Motor Vehicle Quality Assurance Act|§ 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.
AR Code § 4-90-501 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 5 - Motor Vehicle Service Contract Act|§ 4-90-501. Title

 This subchapter is known and may be cited as the “Motor Vehicle Service Contract Act”.
AR Code § 4-90-503 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 5 - Motor Vehicle Service Contract Act|§ 4-90-503. Applicability

 This subchapter shall apply to motor vehicle service contracts sold on or after May 1, 1993.
AR Code § 4-90-504 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 5 - Motor Vehicle Service Contract Act|§ 4-90-504. Exemptions — Affiliates

 (a) Except as provided in this subchapter, a motor vehicle service contract provider and warrantor are governed by this subchapter and are exempt from the Arkansas Insurance Code.  (b)  (1) This subchapter shall not 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.  (2) This subchapter shall not apply to a motor vehicle service contract or a theft protection program warranty 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 or theft protection program warranty issued for a period of less than six (6) months, if the issuer of the motor vehicle service contract or theft protection program warranty is the entity that sold the motor vehicle to which the motor vehicle service contract or theft protection program warranty applies or is an affiliate of the entity.
AR Code § 4-90-505 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 5 - Motor Vehicle Service Contract Act|§ 4-90-505. Mandatory insurance

 (a) A motor vehicle service contract or theft protection program warranty shall not be issued, sold, or offered for sale in this state unless a motor vehicle service contract provider or warrantor is insured under a 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 motor vehicle service contract provider or warrantor all sums that the motor vehicle service contract provider or warrantor is legally obligated to pay and will guarantee the performance of the motor vehicle service contract provider's or warrantor's obligations undertaken according to the motor vehicle service contract provider's or warrantor's contractual obligations under the service contracts issued or sold by the motor vehicle service contract provider or theft protection program warranties issued by the warrantor.  (b) A policy of insurance shall not be cancelled, terminated, or nonrenewed by the insurer unless a sixty-day written notice has been given to the motor vehicle service contract provider or warrantor before the date of the cancellation, termination, or nonrenewal.  (c) A cancellation, termination, or nonrenewal shall not affect the liability of an insurer to guarantee the performance of a motor vehicle service contract provider or warrantor under the motor vehicle service contracts or theft protection program warranties issued or sold before the effective date of cancellation or termination or nonrenewal.  (d) The insured motor vehicle service contract or theft protection program warranty shall conspicuously state:  (1) That the obligations of a motor vehicle service contract provider to the service contract holder or the obligations of a warrantor to the warranty holder are guaranteed under a reimbursement insurance policy;  (2) The name, address, and telephone number of the issuer of a motor vehicle service contract provider's or warrantor's reimbursement insurance policy; and  (3) The procedure for filing a claim under a motor vehicle service contract or theft protection program warranty directly with a reimbursement insurer.    (e) A reimbursement insurer shall establish and maintain unearned premium reserves and claims reserves for any gross policy obligations under a reimbursement insurance policy, net of reinsurance ceded, that the insurer is entitled to as full reserve credit on its financial statements under this subchapter.
AR Code § 4-90-506 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 5 - Motor Vehicle Service Contract Act|§ 4-90-506. Required service contract and warranty disclosures

 A motor vehicle service contract or theft protection program warranty issued or sold for delivery in this state shall contain the following disclosures, as applicable, in a conspicuous and readable manner:   (1) The name and address of the:  (A) Motor vehicle service contract provider and the service contract holder; or  (B) Warrantor and the warranty holder;    (2) The total retail price of the motor vehicle service contract or theft protection program;  (3) The procedure for making a claim under the motor vehicle service contract or theft protection program warranty, 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) For motor vehicle service contracts, the motor vehicle parts and components covered under the motor vehicle service contract, and any limitations, exceptions, or exclusions;  (6) The terms, conditions, and restrictions governing transferability of the motor vehicle service contract or theft protection program warranty, if any;  (7) For motor vehicle service contracts, the provisions governing termination and refunds under § 4-90-507; and  (8) A statement that purchase of the motor vehicle service contract or theft protection program is not required in order to purchase or obtain financing for a motor vehicle.
AR Code § 4-90-507 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 5 - Motor Vehicle Service Contract Act|§ 4-90-507. Termination and refunds

 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).
AR Code § 4-90-509 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 5 - Motor Vehicle Service Contract Act|§ 4-90-509. Rulemaking power

 (a) The Insurance Commissioner may adopt such administrative rules as are necessary to implement the provisions of this subchapter.  (b) The commissioner may promulgate rules providing for the filing with the commissioner of motor vehicle service contract forms by motor vehicle service contract providers and warrantors under § 4-90-504 if rules do not require the approval of the forms by the commissioner before their initial use.
AR Code § 4-90-510 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 5 - Motor Vehicle Service Contract Act|§ 4-90-510. Investigations and enforcement

 (a) The Insurance Commissioner is authorized to conduct such investigations of the motor vehicle service contract and theft protection program business of any motor vehicle service contract provider or warrantor and of any person assisting the motor vehicle service contract provider or warrantor 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 promulgated by the commissioner.
AR Code § 4-90-511 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 90 - Automobiles|Subchapter 5 - Motor Vehicle Service Contract Act|§ 4-90-511. Unfair trade practices

 Motor vehicle service contract providers and warrantors are subject to the Trade Practices Act, § 23-66-201 et seq., to the extent such act may be appropriately applied to motor vehicle service contract providers and warrantors given the nature of such contracts.