reglab/housing_qa huggingface dataset:
AR Code § 4-88-107 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 1 - General Provisions|§ 4-88-107. Deceptive and unconscionable trade practices generally

 (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 that complies with § 23-17-122.      (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.
AR Code § 4-88-108 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 1 - General Provisions|§ 4-88-108. Concealment, suppression, or omission of material facts

 (a) When utilized in connection with the sale or advertisement of any goods, services, or charitable solicitation, the following is unlawful:  (1) The act, use, or employment by a person of any deception, fraud, or false pretense;  (2) The concealment, suppression, or omission of any material fact with intent that others rely upon the concealment, suppression, or omission;  (3) Displaying or causing to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service; or  (4) Using a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service.    (b) Subdivision (a)(3) 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 § 4-88-111 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 1 - General Provisions|§ 4-88-111. Investigations — Procedure — Confidential information

 (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.
AR Code § 4-88-112 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 1 - General Provisions|§ 4-88-112. Failure to cooperate in investigations — Proceedings

 (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.
AR Code § 4-88-114 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 1 - General Provisions|§ 4-88-114. 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.
AR Code § 4-88-115 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 1 - General Provisions|§ 4-88-115. Statute of limitations

 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.
AR Code § 4-88-116 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 1 - General Provisions|§ 4-88-116. Right to jury trial

 Any party in an action brought under § 4-88-113(f) shall have the right to a jury trial if the action was pending or filed on or after August 1, 2017.
AR Code § 4-88-117 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 1 - General Provisions|§ 4-88-117. Durable medical equipment — Definition

 (a) As used in this section, “durable medical equipment” means a good that qualifies for insurance reimbursement and requires a referral or prescription of a licensed physician or a licensed advanced practice registered nurse.  (b) A person shall not represent or advertise that a consumer's health insurance, health benefit plan, Medicare, or Medicaid will cover any portion of the cost of durable medical equipment unless a licensed physician or a licensed advanced practice registered nurse has made a referral for or prescribed the durable medical equipment for the consumer before an agreement to purchase durable medical equipment is executed between a consumer and seller of the durable medical equipment.  (c) Notwithstanding any provision of this section, a provision in an agreement to purchase durable medical equipment does not violate this section if the consumer has signed a conspicuous waiver that contains no other information or agreements and clearly states that the consumer understands that Medicare, Medicaid, a health benefit plan, a health insurance plan, or any other insurance plan may only cover the cost of the durable medical equipment upon approval by the consumer's licensed physician or licensed advanced practice registered nurse.  (d)  (1) If an agreement to purchase durable medical equipment contains a provision that violates this section, the agreement to purchase durable medical equipment is void.  (2) If an agreement to purchase durable medical equipment is voided under subdivision (d)(1) of this section, a consumer may receive full reimbursement for the durable medical equipment.  (3) If a consumer seeks reimbursement for a transaction, the consumer shall return the durable medical equipment upon the request of the seller of the durable medical equipment and at the expense of the seller of the durable medical equipment.    (e)  (1) A transaction for durable medical equipment shall have a thirty-day return policy.  (2) Durable medical equipment may be returned for any reason.  (3) Notification of a return of durable medical equipment:  (A) Shall be given by the consumer within thirty (30) days of the agreement to purchase durable medical equipment; and  (B) May be given to the seller of the durable medical equipment in writing or over the telephone.    (4)  (A) A seller of durable medical equipment shall not deny a reimbursement for durable medical equipment because the durable medical equipment has not been returned.  (B) However, a consumer shall be permitted to return the durable medical equipment at the expense of the seller of the durable medical equipment within a reasonable amount of time after notification of the return.
AR Code § 4-88-201 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 2 - Enhanced Penalties When Elder Persons or Persons With Disabilities Are Targeted|§ 4-88-201. Definitions

 (a) “Elder person” means a person who is sixty (60) years of age or older.  (b) “Person with a disability” 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, including intellectual and developmental disabilities, 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, intellectual and developmental disabilities, 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.
AR Code § 4-88-202 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 2 - Enhanced Penalties When Elder Persons or Persons With Disabilities Are Targeted|§ 4-88-202. Civil penalty — Disposition of funds

 (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 an elder person or a person with a disability, 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 Person and Person with a Disability 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 an elder person or a person with a disability and for consumer education initiatives.
AR Code § 4-88-203 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 2 - Enhanced Penalties When Elder Persons or Persons With Disabilities Are Targeted|§ 4-88-203. Determination of civil penalty

 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 person or person with a disability;  (2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or person with a disability;  (3) Whether the elder person or person with a disability 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 person or person with a disability actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct;  (4) Whether the defendant's conduct caused an elder person or person with a disability to suffer any of the following:  (A) Mental or emotional anguish;  (B) Loss of or encumbrance upon a primary residence of the elder person or person with a disability;  (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 person or person with a disability; or    (5) Any other factors the court deems appropriate.
AR Code § 4-88-204 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 2 - Enhanced Penalties When Elder Persons or Persons With Disabilities Are Targeted|§ 4-88-204. Cause of action

 An elder person or person with a disability 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.
AR Code § 4-88-205 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 2 - Enhanced Penalties When Elder Persons or Persons With Disabilities Are Targeted|§ 4-88-205. Education initiatives

 The Attorney General shall, pursuant to the funds allocated in this subchapter, develop and implement statewide educational initiatives to inform elder persons and persons with a disability, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder persons or persons with a disability, the provisions of this chapter, the penalties for violations of this chapter, and the remedies available for victims of violations.
AR Code § 4-88-206 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 2 - Enhanced Penalties When Elder Persons or Persons With Disabilities Are Targeted|§ 4-88-206. Referrals for abuse, neglect, and exploitation

 The Attorney General shall establish and maintain referral procedures with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services in order to provide any necessary intervention and assistance to an elder person or person with a disability who may have been victimized by violations of this chapter.
AR Code § 4-88-207 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 2 - Enhanced Penalties When Elder Persons or Persons With Disabilities Are Targeted|§ 4-88-207. Elder Person and Person with a Disability Victims Fund created

 The “Elder Person and Person with a Disability 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 an elder person or person with a disability and for consumer education initiatives directed toward elder persons or persons with a disability, law enforcement officers, the judicial system, social services professionals, and the general public on the provisions of this chapter and related statutes.
AR Code § 4-88-301 (2020)
2020 Arkansas Code|Title 4 - Business and Commercial Law|Subtitle 7 - Consumer Protection|Chapter 88 - Deceptive Trade Practices|Subchapter 3 - Protection of Consumers from Price Gouging and Unfair Pricing Practices During and Shortly After a State of Emergency|§ 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.