reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 114 - SERVICE CONTRACTS ACT (§§ 4-114-101 — 4-114-112) › Section 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.
Acts 2007, No. 656, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 114 - SERVICE CONTRACTS ACT (§§ 4-114-101 — 4-114-112) › Section 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.
Acts 2007, No. 656, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 114 - SERVICE CONTRACTS ACT (§§ 4-114-101 — 4-114-112) › Section 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.
Acts 2007, No. 656, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 114 - SERVICE CONTRACTS ACT (§§ 4-114-101 — 4-114-112) › Section 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.
Acts 2007, No. 656, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 114 - SERVICE CONTRACTS ACT (§§ 4-114-101 — 4-114-112) › Section 4-114-112 - Rules

The Insurance Commissioner may promulgate rules necessary to effectuate this chapter.
Acts 2007, No. 656, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 115 - CREDIT CARD PROCESSING SERVICE (§§ 4-115-101 — 4-115-103) › Section 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.
Acts 2007, No. 911, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 115 - CREDIT CARD PROCESSING SERVICE (§§ 4-115-101 — 4-115-103) › Section 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.
Acts 2007, No. 911, § 1; 2009, No. 624, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 115 - CREDIT CARD PROCESSING SERVICE (§§ 4-115-101 — 4-115-103) › Section 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.
Acts 2007, No. 911, § 1; 2009, No. 624, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 116 - REFUND ANTICIPATION LOAN ACT (§§ 4-116-101 — 4-116-108) › Section 4-116-101 - Title and intent

(a)
This chapter shall be known and referred to as the "Refund Anticipation Loan Act".
(b)
It is the intent of the General Assembly that this chapter shall protect consumers who enter into a refund anticipation loan and a refund anticipation check transaction.
Acts 2009, No. 1402, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 116 - REFUND ANTICIPATION LOAN ACT (§§ 4-116-101 — 4-116-108) › Section 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)
"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;
(5)
(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; and
(6)
(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.
Acts 2009, No. 1402, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 116 - REFUND ANTICIPATION LOAN ACT (§§ 4-116-101 — 4-116-108) › Section 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.
Acts 2009, No. 1402, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 116 - REFUND ANTICIPATION LOAN ACT (§§ 4-116-101 — 4-116-108) › Section 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.
Acts 2009, No. 1402, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 116 - REFUND ANTICIPATION LOAN ACT (§§ 4-116-101 — 4-116-108) › Section 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 into 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.
Acts 2009, No. 1402, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 116 - REFUND ANTICIPATION LOAN ACT (§§ 4-116-101 — 4-116-108) › Section 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.
Acts 2009, No. 1402, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 116 - REFUND ANTICIPATION LOAN ACT (§§ 4-116-101 — 4-116-108) › Section 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.
Acts 2009, No. 1402, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 117 - DISTRIBUTION OF DRUG SAMPLES (§§ 4-117-101 — 4-117-102) › Section 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)
Healthcare 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.
Acts 2011, No. 719, § 3.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 118 - PREPAID MOBILE DEVICE PROTECTION ACT (§§ 4-118-101 — 4-118-104) › Section 4-118-101 - Title

This chapter shall be known and may be cited as the "Prepaid Mobile Device Protection Act".
Added by Act 2019, No. 1053,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 118 - PREPAID MOBILE DEVICE PROTECTION ACT (§§ 4-118-101 — 4-118-104) › Section 4-118-102 - Definitions

As used in this chapter:
(1)
"Minor" means an individual under eighteen (18) years of age;
(2)
(A)
"Person" means an individual who is not related to a minor.
(B)
"Person" does not mean a parent or grandparent, including without limitation a biological parent, adoptive parent, stepparent, fictive kin, legal guardian, temporary guardian, or other legal custodian of a minor;
(3)
"Prepaid mobile device" means a cellular telephone or other communication device for which the mobile device user purchases a set allotment of wireless communication services; and
(4)
"Wireless communication services" means any mobile service that is provided for profit and makes interconnected service available to the public.
Added by Act 2019, No. 1053,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 118 - PREPAID MOBILE DEVICE PROTECTION ACT (§§ 4-118-101 — 4-118-104) › Section 4-118-103 - Prepaid mobile device

It is unlawful for a person:
(1)
To purchase a prepaid mobile device or refill a prepaid mobile device with wireless communication services on a previously purchased prepaid mobile device for a minor in this state; or
(2)
To provide funds to a minor for the purpose of purchasing a prepaid mobile device or refilling a prepaid mobile device with wireless communication services on a previously purchased prepaid mobile device in this state.
Added by Act 2019, No. 1053,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 118 - PREPAID MOBILE DEVICE PROTECTION ACT (§§ 4-118-101 — 4-118-104) › Section 4-118-104 - Penalty

A person who violates this chapter or who knowingly purchases a prepaid mobile device or wireless communication services for a minor or provides funds to a minor for the purpose of purchasing a prepaid mobile device or refilling a prepaid mobile device with wireless communication services on a previously purchased prepaid mobile device shall be guilty of a violation and upon conviction shall be fined no less than one hundred dollars ($100).
Added by Act 2019, No. 1053,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 119 - ONLINE MARKETPLACE CONSUMER INFORM ACT (§§ 4-119-101 — 4-119-105) › Section 4-119-101 - Title

This chapter shall be known and may be cited as the "Online Marketplace Consumer Inform Act".
Added by Act 2021, No. 555,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 119 - ONLINE MARKETPLACE CONSUMER INFORM ACT (§§ 4-119-101 — 4-119-105) › Section 4-119-102 - Definitions

As used in this chapter:
(1)
(A)
"Consumer product" means any tangible personal property that:
(i)
Is distributed in commerce; and
(ii)
Is normally used for personal, family, or household purposes.
(B)
"Consumer product" includes property intended to be attached to or installed in any real property without regard to whether it is so attached or installed;
(2)
"High-volume third-party seller" means a participant in an online marketplace who is a third-party seller and who, in any continuous twelve-month period during the previous twenty-four (24) months, has entered into two hundred (200) or more discrete sales or transactions of new or unused consumer products resulting in the accumulation of an aggregate total of five thousand dollars ($5,000) or more in gross revenues;
(3)
"Online marketplace" means any electronically based or electronically accessed platform that:
(A)
Includes features that allow for, facilitate, or enable third-party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States; and
(B)
Hosts one (1) or more third-party sellers;
(4)
"Seller" means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace;
(5)
(A)
"Third-party seller" means a seller, independent of an operator, facilitator, or owner of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through an online marketplace.
(B)
"Third-party seller" does not include a seller that:
(i)
Is a business entity that has made available to the general public the business entity's name, business address, and business contact information;
(ii)
Has an ongoing contractual relationship with the owner of an online marketplace to provide for the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and
(iii)
Has provided to the online marketplace identifying information, as described in §
4-119-103
, that has been verified according to §
4-119-103(b)
; and
(6)
"Verify" means to confirm information provided to an online marketplace under §
4-119-103
by the use of:
(A)
A third-party or proprietary identity verification system that has the capability to confirm a seller's name, email address, physical address, and telephone number; or
(B)
A combination of two-factor authentication, public records search, and the presentation of a government-issued identification.
Added by Act 2021, No. 555,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 119 - ONLINE MARKETPLACE CONSUMER INFORM ACT (§§ 4-119-101 — 4-119-105) › Section 4-119-104 - Violation of Deceptive Trade Practices Act - Enforcement

(a)
A violation of this chapter is an unfair and 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.
Added by Act 2021, No. 555,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 119 - ONLINE MARKETPLACE CONSUMER INFORM ACT (§§ 4-119-101 — 4-119-105) › Section 4-119-105 - Conflicts

A local government or any political subdivision of the state shall not establish, mandate, or otherwise require an online marketplace to verify information from a high-volume third-party seller on a one-time or ongoing basis or disclose information to consumers about a high-volume third-party seller.
Added by Act 2021, No. 555,§ 1, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-101 - Title

This act shall be known as the "Arkansas Criminal Code".
Acts 1975, No. 280, § 101; A.S.A. 1947, § 41-101.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-103 - Applicability to offenses generally

(a)
The provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by the Arkansas Criminal Code and committed after January 1, 1976.
(b)
Unless otherwise expressly provided, the provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by a statute not part of the Arkansas Criminal Code and committed after January 1, 1976.
(c)
(1)
The provisions of the Arkansas Criminal Code do not apply to the prosecution for any offense committed prior to January 1, 1976.
(2)
An offense committed prior to January 1, 1976, shall be construed and punished in accordance with the law existing at the time of the commission of the offense.
(d)
(1)
A defendant in a criminal prosecution for an offense committed prior to January 1, 1976, may elect to have the construction and application of any defense to the prosecution governed by the provisions of the Arkansas Criminal Code.
(2)
(A)
An election under subdivision (d)(1) of this section shall be made by motion to the court that is to conduct the trial.
(B)
(i)
The motion shall be timely filed but not later than ten (10) days before the date set for the trial of the case.
(ii)
However, the court for a good cause shown may entertain the motion at a later time.
(e)
When all or part of a statute defining a criminal offense is amended or repealed, the statute or part of the statute that is amended or repealed remains in force for the purpose of authorizing the prosecution, conviction, and punishment of a person committing an offense under the statute or part of the statute prior to the effective date of the amending or repealing act.
Acts 1975, No. 280, § 102; A.S.A. 1947, § 41-102.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-104 - Territorial applicability

(a)
A person may be convicted under a law of this state of an offense committed by his or her own or another person's conduct for which he or she is legally accountable if:
(1)
Either the conduct or a result that is an element of the offense occurs within this state;
(2)
Conduct occurring outside this state constitutes an attempt to commit an offense within this state;
(3)
Conduct occurring outside this state constitutes a conspiracy to commit an offense within this state and an overt act in furtherance of the conspiracy occurs within this state;
(4)
Conduct occurring within this state establishes complicity in the commission of, or an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction that is also an offense under the law of this state;
(5)
The offense consists of the omission to perform a legal duty imposed by a law of this state based on domicile, residence, or a relationship to a person, thing, or transaction in the state; or
(6)
The offense is defined by a statute of this state that expressly prohibits conduct outside the state and the conduct bears a reasonable relation to a legitimate interest of this state and the person knows or reasonably should know that his or her conduct is likely to affect that legitimate interest of this state.
(b)
When the offense is homicide, either the death of the victim or the physical contact causing death constitutes a "result" within the meaning of subdivision (a)(1) of this section.
Amended by Act 2023, No. 736,§ 1, eff. 8/1/2023.
Acts 1975, No. 280, § 103; A.S.A. 1947, § 41-103.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-105 - Offenses - Court authority not limited

(a)
An offense is conduct for which a sentence to a term of imprisonment or fine or both is authorized by statute.
(b)
An offense is classified as follows:
(1)
Felony;
(2)
Misdemeanor; or
(3)
Violation.
(c)
Nothing in the Arkansas Criminal Code shall be construed to limit the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order, judgment, or decree.
Acts 1975, No. 280, § 111; A.S.A. 1947, § 41-111.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-106 - Felonies

(a)
An offense is a felony if the offense is designated a felony by:
(1)
The Arkansas Criminal Code; or
(2)
A statute not a part of the Arkansas Criminal Code.
(b)
A felony is classified as follows:
(1)
Class Y felony;
(2)
Class A felony;
(3)
Class B felony;
(4)
Class C felony; or
(5)
Class D felony.
(c)
(1)
Any felony defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the felony or prescribe a limitation on a sentence to imprisonment upon conviction of the felony is a Class D felony.
(2)
Any felony defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the felony is an unclassified felony.
Acts 1975, No. 280, § 112; 1981, No. 620, § 2; A.S.A. 1947, § 41-112.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-107 - Misdemeanors

(a)
An offense is a misdemeanor if the offense is:
(1)
Designated a misdemeanor by the Arkansas Criminal Code;
(2)
Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in §
5-1-108
; or
(3)
Not designated a felony and a sentence to imprisonment is authorized upon conviction.
(b)
A misdemeanor is classified as follows:
(1)
Class A misdemeanor;
(2)
Class B misdemeanor; or
(3)
Class C misdemeanor.
(c)
(1)
Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does not specify the class of the misdemeanor or prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is a Class A misdemeanor.
(2)
Any misdemeanor defined by a statute not a part of the Arkansas Criminal Code that does prescribe a limitation on a sentence to imprisonment upon conviction of the misdemeanor is an unclassified misdemeanor.
Acts 1975, No. 280, § 113; A.S.A. 1947, § 41-113.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-108 - Violations

(a)
An offense is a violation if the offense is designated a violation by:
(1)
The Arkansas Criminal Code; or
(2)
A statute not a part of the Arkansas Criminal Code.
(b)
Regardless of any designation appearing in the statute defining an offense, an offense is a violation for purposes of the Arkansas Criminal Code if the statute defining the offense provides that no sentence other than a fine, fine or forfeiture, or civil penalty is authorized upon conviction.
Acts 1975, No. 280, § 114; A.S.A. 1947, § 41-114.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-111 - Burden of proof - Defenses and affirmative defenses - Presumption

(a)
Except as provided in subsections (b), (c), and (d) of this section, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt:
(1)
Each element of the offense;
(2)
Jurisdiction;
(3)
Venue; and
(4)
The commission of the offense within the time period specified in §
5-1-109
.
(b)
The state is not required to prove jurisdiction or venue unless evidence is admitted that affirmatively shows that the court lacks jurisdiction or venue.
(c)
(1)
The issue of the existence of a defense does not need to be submitted to the jury unless evidence is admitted supporting the defense.
(2)
If the issue of the existence of a defense is submitted to the jury, the court shall charge that any reasonable doubt on the issue requires that the defendant be acquitted.
(3)
A "defense" is any matter:
(A)
Designated a defense by a section of the Arkansas Criminal Code;
(B)
Designated a defense by a statute not a part of the Arkansas Criminal Code; or
(C)
Involving an excuse or justification peculiarly within the knowledge of the defendant on which he or she can fairly be required to introduce supporting evidence.
(d)
(1)
The defendant shall prove an affirmative defense by a preponderance of the evidence.
(2)
An "affirmative defense" is any matter designated an affirmative defense by a:
(A)
Section of the Arkansas Criminal Code; or
(B)
Statute not a part of the Arkansas Criminal Code.
(e)
When the Arkansas Criminal Code or a statute not a part of the Arkansas Criminal Code provides that proof of a particular fact gives rise to a presumption as to the existence of a fact that is an element of the offense, the provision has the following consequences:
(1)
If there is evidence of the fact giving rise to the presumption, the issue as to the existence of the presumed fact shall be submitted to the jury unless the court determines that the evidence as a whole precludes a finding beyond a reasonable doubt of the presumed fact; and
(2)
(A)
If the issue as to the existence of the presumed fact is submitted to the jury, the court shall charge that evidence of the fact giving rise to the presumption is for the jury's consideration under all the circumstances of the case and to be weighed in determining the issue.
(B)
However, the evidence of the fact giving rise to the presumption alone does not impose a duty of finding the presumed fact, even if the evidence is unrebutted.
Acts 1975, No. 280, § 110; A.S.A. 1947, § 41-110.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-112 - Affirmative defense - Former prosecution for same offense

A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:
(1)
(A)
The former prosecution resulted in an acquittal.
(B)
(i)
There is an acquittal if the former prosecution resulted in a determination of not guilty.
(ii)
A determination of guilt of a lesser included offense is an acquittal of the greater inclusive offense although the conviction is subsequently set aside;
(2)
(A)
The former prosecution resulted in a conviction.
(B)
There is a conviction if the former prosecution resulted in a:
(i)
Judgment of conviction that has not been reversed or vacated;
(ii)
Verdict of guilty that has not been set aside and that is capable of supporting a judgment; or
(iii)
Plea of guilty or nolo contendere accepted by the court; or
(3)
The former prosecution was terminated without the express or implied consent of the defendant after the jury was sworn or, if trial was before the court, after the first witness was sworn, unless the termination was justified by overruling necessity.
Acts 1975, No. 280, § 106; A.S.A. 1947, § 41-106.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-113 - Affirmative defense - Former prosecution for different offense

A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances:
(1)
The former prosecution resulted in an acquittal or in a conviction as set out in §
5-1-112
, and the subsequent prosecution is for:
(A)
Any offense of which the defendant could have been convicted in the first prosecution; or
(B)
An offense based on the same conduct, unless:
(i)
The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or
(ii)
The second offense was not consummated when the former trial began;
(2)
The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that necessarily required a determination inconsistent with a fact that must be established for conviction of the second offense; or
(3)
The former prosecution was terminated under the circumstances described in §
5-1-112
and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been terminated.
Acts 1975, No. 280, § 107; A.S.A. 1947, § 41-107.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-114 - Affirmative defense - Former prosecution in another jurisdiction

When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state under the following circumstances:
(1)
The first prosecution resulted in an acquittal or in a conviction as set out in §
5-1-112
, and the subsequent prosecution is based on the same conduct unless:
(A)
The offense of which the defendant was formerly convicted or acquitted and the offense for which he or she is subsequently prosecuted each requires proof of a fact not required by the other offense and the law defining each offense is intended to prevent a substantially different harm or evil; or
(B)
The second offense was not consummated when the former trial began; or
(2)
The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant that has not been set aside, reversed, or vacated and that required a determination inconsistent with a fact that must be established for the conviction of the offense for which the defendant is subsequently prosecuted.
Acts 1975, No. 280, § 108; A.S.A. 1947, § 41-108.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-1-125) › Section 5-1-115 - Former prosecutions that are not affirmative defenses

A former prosecution is not an affirmative defense within the meaning of §§
5-1-112
-
5-1-114
under any of the following circumstances:
(1)
The former prosecution was before a court that lacked jurisdiction over the defendant or the offense;
(2)
The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting official or aggrieved party and with the purpose of avoiding the sentence that might otherwise be imposed; or
(3)
The former prosecution resulted in a judgment of conviction that was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process.
Acts 1975, No. 280, § 109; A.S.A. 1947, § 41-109.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 5-2-201 - Definitions generally

As used in the Arkansas Criminal Code:
(1)
"Act" means a bodily movement and includes speech and the conscious possession or control of property;
(2)
"Act" as a verb means either to perform an act or to omit to perform an act;
(3)
"Conduct" means an act or omission and its accompanying mental state; and
(4)
"Omission" means a failure to perform an act and the performance of the act is required by law.
Acts 1975, No. 280, § 201; A.S.A. 1947, § 41-201.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 1 - GENERAL PROVISIONS (§§ 5-1-101 — 5-5-501) › Chapter 2 - PRINCIPLES OF CRIMINAL LIABILITY (§§ 5-2-201 — 5-2-622) › Subchapter 2 - CULPABILITY (§§ 5-2-201 — 5-2-210) › Section 5-2-202 - Culpable mental states - Definitions

As used in the Arkansas Criminal Code, there are four (4) kinds of culpable mental states that are defined as follows:
(1)
"Purposely."
A person acts purposely with respect to his or her conduct or a result of his or her conduct when it is the person's conscious object to engage in conduct of that nature or to cause the result;
(2)
"Knowingly."
A person acts knowingly with respect to:
(A)
The person's conduct or the attendant circumstances when he or she is aware that his or her conduct is of that nature or that the attendant circumstances exist; or
(B)
A result of the person's conduct when he or she is aware that it is practically certain that his or her conduct will cause the result;
(3)
"Recklessly."
(A)
A person acts recklessly with respect to attendant circumstances or a result of his or her conduct when the person consciously disregards a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.
(B)
The risk must be of a nature and degree that disregard of the risk constitutes a gross deviation from the standard of care that a reasonable person would observe in the actor's situation; and
(4)
"Negligently."
(A)
A person acts negligently with respect to attendant circumstances or a result of his or her conduct when the person should be aware of a substantial and unjustifiable risk that the attendant circumstances exist or the result will occur.
(B)
The risk must be of such a nature and degree that the actor's failure to perceive the risk involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation considering the nature and purpose of the actor's conduct and the circumstances known to the actor.
Acts 1975, No. 280, § 203; A.S.A. 1947, § 41-203.