reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 13 - ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT (§§ 4-75-1301 — 4-75-1309) › Section 4-75-1307 - Scope

(a)
This subchapter does not:
(1)
Require an institution of higher education, its supporting foundations, or its authorized entities to compensate a student-athlete for any use of the student-athlete's publicity rights stated in §
4-75-1110
;
(2)
Require an institution of higher education or its supporting foundations or authorized entities, athletic association, conference, or other organization with authority over varsity intercollegiate athletics to identify, create, facilitate, negotiate, or otherwise enable opportunities for a student-athlete to earn compensation for the commercial use of the student-athlete's publicity rights;
(3)
Authorize a student-athlete to use the name, nicknames, trademarks, service marks, landmarks, facilities, trade dress, uniforms, songs, mascots, logos, images, symbols, or other intellectual property, whether registered or not, of an institution of higher education, athletic association, conference, or other organization with authority over varsity intercollegiate athletics;
(4)
Limit the right of an institution of higher education to establish and enforce:
(A)
Academic standards, requirements, regulations, or obligations for its students;
(B)
Team rules of conduct or other rules of conduct;
(C)
Standards or policies regarding the governance or operation of or participation in varsity intercollegiate athletics; or
(D)
Disciplinary rules generally applicable to all students of the institution of higher education; or
(5)
Render student-athletes employees of the institution of higher education based on participation in varsity intercollegiate athletic competition.
(b)
Notwithstanding any other provision of this subchapter, a student-athlete participating in varsity intercollegiate athletics is prohibited from earning compensation as a result of the commercial use of the student-athlete's publicity rights in connection with any person or entity related to or associated with the development, promotion, production, distribution, wholesaling, or retailing of:
(1)
Adult entertainment, sexually suggestive products, or sex-oriented products, services, conduct, imagery, or inferences;
(2)
Alcohol products;
(3)
A casino and gambling, including without limitation sports betting and betting in connection with a video game or online game, or on a mobile device;
(4)
Tobacco, marijuana, or electronic smoking products and devices;
(5)
Pharmaceuticals;
(6)
Any dangerous or controlled substance;
(7)
Drug paraphernalia;
(8)
Weapons, including without limitation firearms and ammunition; or
(9)
Any product, substance, or method that is prohibited in competition by an athletic association, athletic conference, or other organization governing varsity intercollegiate athletic competition.
Amended by Act 2023, No. 589,§ 5, eff. 4/11/2023.
Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 13 - ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT (§§ 4-75-1301 — 4-75-1309) › Section 4-75-1308 - Civil remedy

(a)
(1)
An institution of higher education or a student-athlete as defined in §
4-75-1302
has a cause of action for damages against an athlete agent or third-party licensee if the institution of higher education or student-athlete is adversely affected by an act or omission of the athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee in violation of this subchapter.
(2)
An institution of higher education or student-athlete is adversely affected by an act or omission of an athlete agent, third-party licensee, or anyone acting on behalf of the athlete agent or third-party licensee, only if, because of the act or omission, the institution of higher education or student-athlete:
(A)
Is suspended or disqualified from participating in an intercollegiate sport; or
(B)
Suffers financial damage.
(3)
A student-athlete has a cause of action under this section only if the student-athlete was enrolled in an institution of higher education at the time of the act or omission.
(b)
(1)
A person or entity, regardless of residence, shall not give or promise compensation for the use of the name, image, or likeness of a student-athlete enrolled at an institution of higher education located in Arkansas or of a prospective student-athlete who has entered into an enrollment contract with an institution of higher education located in Arkansas with the purpose of recruiting or inducing the student-athlete to enroll at another institution of higher education.
(2)
An institution of higher education or its supporting foundations or authorized entities and third-party licensees shall have a cause of action against any party that violates this section.
(c)
In an action under this section, a prevailing plaintiff may recover punitive damages, reasonable attorney's fees and costs, and any other reasonable litigation expenses.
(d)
An institution of higher education, its employees located within this state, including athletics coaching staff, shall not be liable for any damages related to an intercollegiate student-athlete's ability or inability to earn compensation for the use of the student-athlete's name, image, or likeness resulting from decisions and actions routinely taken within the course of their employment in intercollegiate athletics.
Amended by Act 2023, No. 589,§ 6, eff. 4/11/2023.
Added by Act 2021, No. 810,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 13 - ARKANSAS STUDENT-ATHLETE PUBLICITY RIGHTS ACT (§§ 4-75-1301 — 4-75-1309) › Section 4-75-1309 - Prohibition on state-funded medical schools using state general revenue funds from tax dollars for name, image, or likeness of student-athletes

A state-funded medical school in this state shall not:
(1)
Use state general revenue funds from tax dollars for use of the name, image, or likeness of a student-athlete; or
(2)
Contract with or offer any state general revenue funds from tax dollars to a student-athlete for the use of his or her name, image, or likeness.
Added by Act 2023, No. 880,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 14 - ARKANSAS FAIR FOOD DELIVERY ACT (§§ 4-75-1401 — 4-75-1404) › Section 4-75-1401 - Title

This subchapter shall be known and may be cited as the "Arkansas Fair Food Delivery Act".
Added by Act 2021, No. 969,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 14 - ARKANSAS FAIR FOOD DELIVERY ACT (§§ 4-75-1401 — 4-75-1404) › Section 4-75-1402 - Definitions

As used in this subchapter:
(1)
"Food delivery platform" means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility and to arrange for the delivery of the food order from the food facility to the consumer; and
(2)
"Food facility" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.
Added by Act 2021, No. 969,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 14 - ARKANSAS FAIR FOOD DELIVERY ACT (§§ 4-75-1401 — 4-75-1404) › Section 4-75-1403 - Food delivery platform - Prohibitions

A food delivery platform shall not arrange for the delivery of a food order from a food facility without first entering into an agreement with the food facility expressly authorizing the food delivery platform to take food orders and deliver food orders prepared by the food facility to consumers.
Added by Act 2021, No. 969,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 14 - ARKANSAS FAIR FOOD DELIVERY ACT (§§ 4-75-1401 — 4-75-1404) › Section 4-75-1404 - Remedies

(a)
A food facility may bring a civil action to enjoin a violation of this subchapter.
(b)
(1)
If a court finds that a food delivery platform has acted in violation of this subchapter, the court shall issue an injunction.
(2)
In addition to the remedy in subdivision (b)(1) of this section, the court may:
(A)
Require the violator to pay to the injured party all profits derived from or damages resulting from the wrongful act; and
(B)
Order that the wrongful act be terminated.
(c)
If the court finds that the food delivery platform committed the wrongful act in bad faith by not obtaining an agreement or written consent, the court shall:
(1)
Enter judgment against the food delivery platform as follows:
(A)
For a first violation, a fine of not less than five hundred dollars ($500);
(B)
For a second violation, a fine of not less than one thousand dollars ($1,000); and
(C)
For a third or subsequent violation, a fine of not less than one thousand five hundred dollars ($1,500); and
(2)
Award reasonable attorney's fees to the food facility.
(d)
The Attorney General or any prosecuting attorney of the state may bring an action against the food delivery platform for a violation of this subchapter.
Added by Act 2021, No. 969,§ 1, eff. 1/1/2022.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 76 - COPYRIGHT ROYALTY COLLECTION (§§ 4-76-101 — 4-76-108) › Section 4-76-101 - Short title

This chapter may be cited as the "Copyright Royalty Collection Practices Act".
Acts 1997, No. 648, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 76 - COPYRIGHT ROYALTY COLLECTION (§§ 4-76-101 — 4-76-108) › Section 4-76-102 - Definitions

In this chapter:
(1)
"Copyright owner" means the owner of a copyright of a musical work, other than a motion picture or audiovisual work, recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Pub. L. No. 94-554,
17 U.S.C. § 101
et seq.;
(2)
"Performing rights society" means an association or corporation that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as:
(A)
The American Society of Composers, Authors and Publishers, also known as ASCAP;
(B)
Broadcast Music, Inc., also known as BMI; and
(C)
SESAC, Inc., also known as SESAC;
(3)
"Proprietor" means the owner or operator of a retail establishment, restaurant, inn, bar, tavern, or other similar place of business located in this state in which the public may assemble and in which musical works may be performed, broadcast, or otherwise transmitted; and
(4)
"Royalty" or "royalties" means the fees payable to a performing rights society for public performance rights.
Acts 1997, No. 648, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 76 - COPYRIGHT ROYALTY COLLECTION (§§ 4-76-101 — 4-76-108) › Section 4-76-103 - Licensing negotiations

No performing rights society shall offer to enter into or enter into a contract for the payment of royalties by a proprietor unless, at the time of the offer or any time thereafter, but no later than seventy-two (72) hours prior to the execution of that contract, it provides to the proprietor, in writing, the following:
(1)
A schedule of the rates and terms of royalties under the contract;
(2)
At the request of the proprietor, the opportunity to review the most current available list of the members or affiliates represented by the society;
(3)
Notice that it will make available, on written request of any proprietor, at the sole expense of the proprietor, the most current available listing of the copyrighted musical works in the performing rights society's repertory, provided that the notice specifies the means by which such information can be secured; and
(4)
A toll-free number that the proprietor can use to obtain answers to specific questions concerning the performing rights society's repertoire.
Acts 1997, No. 648, § 3.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 76 - COPYRIGHT ROYALTY COLLECTION (§§ 4-76-101 — 4-76-108) › Section 4-76-104 - Form of contract

Every contract between a performing rights society and a proprietor for the payment of royalties executed in this state shall:
(1)
Be in writing;
(2)
Be signed by the parties; and
(3)
Include at least the following information:
(A)
The proprietor's name and business address and the name and location of each place of business to which the contract applies;
(B)
The name and address of the performing rights society;
(C)
The duration of the contract; and
(D)
The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of that contract.
Acts 1997, No. 648, § 4.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 76 - COPYRIGHT ROYALTY COLLECTION (§§ 4-76-101 — 4-76-108) › Section 4-76-105 - Improper licensing practices

No performing rights society or any agent or employee thereof shall collect or attempt to collect from a proprietor licensed by that performing rights society a royalty payment except as provided in a contract executed pursuant to the provisions of this chapter.
Acts 1997, No. 648, § 5.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 76 - COPYRIGHT ROYALTY COLLECTION (§§ 4-76-101 — 4-76-108) › Section 4-76-106 - Code of conduct

No performing rights society or any agent, employee, or representative thereof shall:
(1)
Engage in any coercive act or practice that is disruptive of a proprietor's business; or
(2)
Enter onto the premises of a proprietor's business for the purpose of discussing or inquiring about a contract for payment of royalties for the use of copyrighted works by that proprietor, without first identifying himself or herself to the proprietor or to the proprietor's management employees, including showing his or her photo identification card and disclosing that he or she is acting on behalf of the performing rights society and disclosing the purpose of the entry.
Acts 1997, No. 648, § 6.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 76 - COPYRIGHT ROYALTY COLLECTION (§§ 4-76-101 — 4-76-108) › Section 4-76-107 - Civil remedies - Injunction

Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney's fees and seek an injunction or any other remedy available at law or in equity.
Acts 1997, No. 648, § 7.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 76 - COPYRIGHT ROYALTY COLLECTION (§§ 4-76-101 — 4-76-108) › Section 4-76-108 - Application

(a)
This chapter shall not apply to contracts between performing rights societies and broadcasters licensed by the Federal Communications Commission or to contracts with cable operators, programmers, or other transmission services.
(b)
This chapter does not apply to investigations by law enforcement officers or other persons concerning a suspected violation of §
5-37-510(c)
.
Acts 1997, No. 648, § 8.
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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-101 - Breach of warranty - Liability

The lack of privity between plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller of goods to recover damages for breach of warranty, express or implied, or for negligence, although the plaintiff did not purchase the goods from the defendant, if the plaintiff was a person whom the manufacturer or seller might reasonably have expected to use, consume, or be affected by the goods.
Acts 1965, No. 35, § 1; A.S.A. 1947, § 85-2-318.1.
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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-102 - Transferred

Acts 1973, No. 111, §§ 1, 2; A.S.A. 1947, §§ 85-2-318.2, 85-2-318.3; Acts 2007, No. 316, § 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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-103 - Unsolicited merchandise

When unsolicited merchandise is delivered in this state to the person for whom it is intended, the person shall have a right to refuse to accept delivery of this merchandise, or may deem the merchandise to be a gift and use it or dispose of it in any manner he or she chooses without obligation to the sender.
Acts 1969, No. 47, § 1; A.S.A. 1947, § 85-2-606.1.
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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-104 - Interest on deposits for freight and parcel delivery services

(a)
Whenever any person, company, or corporation furnishing customers with freight or parcel delivery service shall require a deposit from the customer before the delivery service will be supplied to him or her, the person putting up the deposit shall receive interest annually on the deposit until it is returned to the customer, provided all bills due for services furnished have been paid by the customer.
(b)
The annual rate of interest shall be ten percent (10%) per year and shall be paid on or before December 31 of each year.
Acts 1991, No. 422, §§ 1, 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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-105 - Grave markers or headstones

When any person purchases a grave marker or grave headstone from any seller in this state, the seller shall advise the purchaser that if the deceased is a veteran of the United States Armed Forces, the purchaser may request that the word "VET" be inscribed in the upper left corner of the marker or stone.
Acts 1995, No. 932, § 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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-106 - Automatic renewal of professional home security contracts prohibited

(a)
Except as provided in subsection (c) of this section, no professional home security services contract that is entered into after August 1, 2003, shall state that the term of the professional home security services contract will automatically be renewed for any additional period beyond the initial term of the professional home security services contract.
(b)
Except as provided in subsection (c) of this section, no professional home security services contract under subsection (a) of this section shall be renewed for any additional period beyond the initial term of the professional home security services contract unless the person receiving the professional home security services affirmatively notifies the person offering the professional home security services that he or she wishes to renew the professional home security services contract.
(c)
(1)
A provider of professional home security services and a person may enter into a professional home security services contract that has a fixed initial term and successive, automatic monthly renewal terms.
(2)
If the professional home security services contract contains a renewal clause as described in subdivision (c)(1) of this section, then:
(A)
The professional home security services contract shall conspicuously state that the person receiving the professional home security services has the right without additional cost or penalty to terminate the professional home security services contract at the end of the initial term or the then current renewal; and
(B)
The person shall provide the provider of the professional home security services with notice of his or her intent to terminate by written notice at least thirty (30) days before the expiration of the initial term or the then current renewal term.
(d)
This section does not affect the initial term of a professional home security services contract under subsection (a) of this section and does not prohibit any person from offering to renew a professional home security services contract under subsection (a) of this section.
(e)
If a professional home security services contract under this section is renewed in violation of this section, the person receiving the professional home security services may without additional cost or penalty immediately terminate the professional home security services contract by giving a written termination notice to the provider and shall not be obligated to perform under the professional home security services contract as renewed.
Acts 2003, No. 1344, § 1; 2007, No. 439, § 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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-107 - Prohibiting misappropriation of Social Security numbers - Definitions

(a)
As used in this section:
(1)
"Person" means:
(A)
An individual;
(B)
A corporation;
(C)
A partnership;
(D)
An organization; or
(E)
Any other entity; and
(2)
"Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.
(b)
Except as provided in subsection (c) of this section, a person may not do any of the following:
(1)
Publicly post or publicly display in any manner an individual's Social Security number;
(2)
Print an individual's Social Security number on any card required for the individual to access products or services provided by the person or entity;
(3)
Print an individual's Social Security number:
(A)
On a postcard or other mailer not requiring an envelope; or
(B)
In a manner in which the Social Security number is visible on an envelope or without the envelope's being opened; or
(4)
Require an individual to transmit his or her Social Security number over the internet unless the:
(A)
Connection is secure; or
(B)
Social Security number is encrypted.
(c)
This section does not prevent the collection, use, or release of a Social Security number:
(1)
As required or explicitly authorized by federal or state law; or
(2)
Pursuant to state or federal court rules.
(d)
This section does not apply to an entity providing an electronic communications service to the public that is used by another person to violate this section unless the entity:
(1)
Conspires with another person to violate this section; or
(2)
Intentionally aids and abets another person in the violation of this section.
(e)
This section shall not be asserted as a means to avoid compliance with an otherwise valid request for records pursuant to the Freedom of Information Act of 1967, §
25-19-101
et seq.
(f)
The Attorney General may:
(1)
Bring suit against any person for violating the provisions of this section;
(2)
Collect civil penalties of up to two hundred fifty dollars ($250) per violation along with attorney's fees and costs incurred in the investigation and prosecution of the matter; and
(3)
Seek appropriate injunctive relief.
Acts 2005, No. 1295, § 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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-109 - Automatic lease renewal - Notice required - Definition

(a)
For purposes of this section, "automatic lease renewal" means a provision in a written lease of personal property that the lease is automatically renewed for an additional term at the end of the initial lease agreement term or at the end of any renewal lease term unless the lessee gives written notice to the lessor not to renew the lease agreement.
(b)
Except as provided in subsection (c) of this section, a lessor of personal property under a written lease agreement that contains an automatic lease renewal shall provide to a lessee:
(1)
Written notice of the automatic renewal at least thirty (30) days before the date the cancellation of the renewal of the lease agreement is due by the lessee;
(2)
The identification of the lessor on communications between the lessee and lessor, including monthly statements;
(3)
A copy of the original lease agreement on request; and
(4)
The full purchase price, the interest rate for the lease, the monthly payment, and the total payoff amount for the personal property in the written lease agreement.
(c)
If the lessor fails to provide the notice and information required under subsection (b) of this section, the automatic lease agreement renewal is voidable at the option of the lessee.
(d)
This section does not apply to lease agreements with a term of less than one (1) year.
Added by Act 2013, No. 1320,§ 1, eff. 8/16/2013.
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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-110 - Additional investment for production contracts

(a)
For purposes of this section, "production contract" means the same as defined in §
2-32-201
.
(b)
A lender or loan originator shall provide the following notice in boldface in or attached as a separate document to a commercial loan agreement if the borrower is obtaining financing relating to a production contract: "NOTICE: The Borrower may be required to make additional investments to comply with the related production contract before the term of this agreement is complete. The Lender is not obligated to make any additional loans to the Borrower if additional investments are required to comply with the related production contract."
Added by Act 2015, No. 1169,§ 2, eff. 4/7/2015.
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 86 - GENERAL PROVISIONS (§§ 4-86-101 — 4-86-111) › Section 4-86-111 - [Repealed]

Repealed by Act 2021EX2, No. 13,§ 1, eff. 12/9/2021.
Repealed by Act 2021EX2, No. 9,§ 1, eff. 12/9/2021.
Added by Act 2021, No. 1104,§ 1, eff. 1/1/2022.
Repealed by Act 2021EX2, No. 9,§ 1, eff. 12/9/2021.
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 87 - ARKANSAS EQUAL CONSUMER CREDIT ACT (§§ 4-87-101 — 4-87-105) › Section 4-87-101 - Title

This chapter shall be known and may be cited as the "Arkansas Equal Consumer Credit Act of 1975".
Acts 1975, No. 566, § 1; A.S.A. 1947, § 70-925.
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 87 - ARKANSAS EQUAL CONSUMER CREDIT ACT (§§ 4-87-101 — 4-87-105) › Section 4-87-102 - Statute of limitations

Any action brought under the provisions of this chapter may be brought in any court of competent jurisdiction in this state during a period of one (1) year commencing on the date of occurrence of the violation.
Acts 1975, No. 566, § 4; A.S.A. 1947, § 70-928.
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 87 - ARKANSAS EQUAL CONSUMER CREDIT ACT (§§ 4-87-101 — 4-87-105) › Section 4-87-103 - Class actions prohibited

No class action may be filed under the provisions of this chapter.
Acts 1975, No. 566, § 5; A.S.A. 1947, § 70-929.
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 87 - ARKANSAS EQUAL CONSUMER CREDIT ACT (§§ 4-87-101 — 4-87-105) › Section 4-87-104 - Discrimination based on sex or marital status unlawful

It shall be unlawful for any creditor or credit card issuer to discriminate between equally qualified individuals solely on the basis of sex or marital status with respect to the approval or denial of terms of credit in connection with any consumer credit sale whether or not under an open-end credit plan, consumer loan, or any other extension of consumer credit, or with respect to the issuance, renewal, denial, or terms of any credit card.
Acts 1975, No. 566, § 2; A.S.A. 1947, § 70-926.
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 87 - ARKANSAS EQUAL CONSUMER CREDIT ACT (§§ 4-87-101 — 4-87-105) › Section 4-87-105 - Damages

Any creditor or credit card issuer who discriminates against any individual in a manner prohibited by §
4-87-104
is liable to the individual for damages in an amount equal to the sum of:
(1)
In a successful action to enforce the provisions of this chapter, not less than one hundred dollars ($100) nor more than five hundred dollars ($500); and
(2)
In the case of any successful action to enforce the foregoing liability, the costs of the action together with a reasonable attorney's fee as determined by the court.
Acts 1975, No. 566, § 3; A.S.A. 1947, § 70-927.
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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 4-88-101 - Applicability of chapter

This chapter does not apply to:
(1)
Advertising or practices which are subject to and which comply with any rule, order, or statute administered by the Federal Trade Commission;
(2)
Broadcasters, printers, publishers, and other persons engaging in the dissemination of information who do not have actual knowledge of the intent, design, purpose, or deceptive nature of the advertising or practice;
(3)
Actions or transactions specifically permitted under laws administered by the Insurance Commissioner, the Securities Commissioner, the State Highway Commission, the Bank Commissioner, or other regulatory body or officer acting under statutory authority of this state or the United States, unless a director of these divisions specifically requests the Attorney General to implement the powers of this chapter; or
(4)
Actions or transactions of a public utility which have been authorized by the Arkansas Public Service Commission, a municipal authority, the Federal Energy Regulatory Commission, the Federal Communications Commission, or other regulatory body or officer acting under statutory authority of the United States.
Amended by Act 2017, No. 986,§ 1, eff. 8/1/2017.
Acts 1971, No. 92, § 13; A.S.A. 1947, § 70-913; Acts 1991, No. 1177, § 3; 1995, No. 836, § 6.
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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 4-88-102 - Definitions

As used in this subchapter:
(1)
"Actual financial loss" means an ascertainable amount of money that is equal to the difference between the amount paid by a person for goods or services and the actual market value of the goods or services provided to a person;
(2)
"Caller identification service" means a service offered by a telecommunications provider that provides caller identification information to a device capable of displaying the information;
(3)
"Charitable organization" means any benevolent, philanthropic, patriotic, civic, or eleemosynary person;
(4)
"Contribution" means the promise or grant of any money or property of any kind or value;
(5)
"Goods" means any tangible property, coupons, or certificates, whether bought or leased;
(6)
"Person" means an individual, organization, group, association, partnership, corporation, or any combination of them;
(7)
"Promotion" means, for each charitable organization represented, each and every fundraising drive or campaign for which contributions are solicited. Similar or identical promotions on behalf of different charitable organizations constitute separate and distinct promotions;
(8)
"Services" means work, labor, or other things purchased that do not have physical characteristics; and
(9)
"Solicitation" means each request for a contribution.
Amended by Act 2017, No. 986,§ 2, eff. 8/1/2017.
Acts 1991, No. 1177, § 3; 1993, No. 587, § 1; 2003, No. 1465, § 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 4-88-103 - Penalties

Any person who knowingly and willfully commits an unlawful practice under this chapter shall be guilty of a Class A misdemeanor.
Acts 1971, No. 92, § 7; A.S.A. 1947, § 70-907; Acts 1991, No. 1177, § 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 4-88-104 - Injunctions

In addition to the criminal penalty imposed hereunder, the Attorney General of this state shall have authority, acting through the Consumer Counsel of Arkansas, to file an action in the court designated in §
4-88-112
for civil enforcement of the provisions of this chapter, including, but not limited to, the seeking of restitution and the seeking of an injunction prohibiting any person from engaging in any deceptive or unlawful practice prohibited by this chapter.
Acts 1971, No. 92, § 8; A.S.A. 1947, § 70-908; Acts 1991, No. 1177, § 3; 1995, No. 836, § 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 4-88-106 - Consumer Advisory Board

(a)
There may be a Consumer Advisory Board appointed by the Attorney General.
(b)
(1)
If the Attorney General appoints such a board, it shall consist of eleven (11) members serving terms of two (2) years.
(2)
The membership of the board shall be fairly representative of consumers, manufacturers, the Better Business Bureau, labor organizations, retailers, agriculture, and trade and professional associations.
(3)
Each member shall serve without pay, but may be reimbursed for expenses in accordance with §
25-16-901
et seq.
(c)
The chair of the board shall be elected by the members.
(d)
The board may assist and advise the Consumer Counsel of Arkansas with respect to:
(1)
Policy matters relating to consumer interests;
(2)
Improvement in the effectiveness of state consumer programs and operations; and
(3)
Needed changes in law to improve consumer protection in Arkansas.
Acts 1971, No. 92, § 3; A.S.A. 1947, § 70-903; Acts 1991, No. 1177, § 3; 1997, No. 250, § 11.
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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 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
.
Amended by Act 2019, No. 677,§ 3, eff. 7/24/2019.
Acts 1971, No. 92, § 4; A.S.A. 1947, § 70-904; Acts 1991, No. 1177, § 3; 1995, No. 836, § 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 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.
Acts 1971, No. 92, § 9; A.S.A. 1947, § 70-909; Acts 1991, No. 1177, § 3; 1993, No. 587, § 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 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 of Arkansas, 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.
Acts 1971, No. 92, § 10; A.S.A. 1947, § 70-910; Acts 1991, No. 1177, § 3; 1995, No. 836, § 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 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 or her 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.
Acts 1993, No. 587, § 5; 1995, No. 836, § 5.
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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 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.
Acts 1993, No. 910, § 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 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.
Added by Act 2017, No. 986,§ 4, eff. 8/1/2017.