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(§§ 4-86-101 — 4-119-105) › Chapter 91 - CREDIT SERVICES ORGANIZATIONS (§§ 4-91-101 — 4-91-202) › Subchapter 1 - [Repealed] CREDIT SERVICES ORGANIZATIONS ACT OF 1987 (§§ 4-91-101 — 4-91-109) › Section 4-91-107 - [Repealed]

Repealed by Act 2017, No. 944,§ 8, eff. 8/1/2017.
Acts 1987, No. 321, § 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(§§ 4-86-101 — 4-119-105) › Chapter 91 - CREDIT SERVICES ORGANIZATIONS (§§ 4-91-101 — 4-91-202) › Subchapter 1 - [Repealed] CREDIT SERVICES ORGANIZATIONS ACT OF 1987 (§§ 4-91-101 — 4-91-109) › Section 4-91-108 - [Repealed]

Repealed by Act 2017, No. 944,§ 9, eff. 8/1/2017.
Acts 1987, No. 321, § 6; 1991, No. 786, § 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(§§ 4-86-101 — 4-119-105) › Chapter 91 - CREDIT SERVICES ORGANIZATIONS (§§ 4-91-101 — 4-91-202) › Subchapter 1 - [Repealed] CREDIT SERVICES ORGANIZATIONS ACT OF 1987 (§§ 4-91-101 — 4-91-109) › Section 4-91-109 - [Repealed]

Repealed by Act 2017, No. 944,§ 10, eff. 8/1/2017.
Acts 1987, No. 321, § 7.
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 91 - CREDIT SERVICES ORGANIZATIONS (§§ 4-91-101 — 4-91-202) › Subchapter 2 - CREDIT REPAIR SERVICES ORGANIZATIONS ACT OF 2017 (§§ 4-91-201 — 4-91-202) › Section 4-91-201 - Title

This subchapter shall be known and may be cited as the "Credit Repair Services Organizations Act of 2017".
Added by Act 2017, No. 944,§ 1, eff. 8/1/2017.
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 92 - RENTAL PURCHASES (§§ 4-92-101 — 4-92-108) › Section 4-92-101 - Title

This chapter shall be known and may be cited as the "Rental Purchase Act".
Acts 1987, No. 490, § 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 92 - RENTAL PURCHASES (§§ 4-92-101 — 4-92-108) › Section 4-92-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Advertisement" means a commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for in-store merchandising aids;
(2)
"Consumer" means a person who leases personal property under a rental-purchase agreement;
(3)
"Merchandise" means the personal property that is the subject of a rental-purchase agreement;
(4)
"Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement and includes a person who is assigned an interest in a rental-purchase agreement;
(5)
"Person" means an individual, corporation, partnership, organization, or any other entity;
(6)
"Reinstatement period" means the period of time specified in §
4-92-106
during which a consumer may either pay delinquent rent or return merchandise and thereby retain the right to have the rental-purchase agreement reinstated; and
(7)
"Rental-purchase agreement" means an agreement for the use of merchandise by a consumer for personal, family, household, or business purposes for an initial period of four (4) months or less that is automatically renewable with each payment after the initial period, but does not obligate or require the consumer to continue leasing or using the merchandise after the initial period, and that permits the consumer to become the owner of the merchandise, but does not obligate the consumer to purchase or become the owner of the merchandise.
Acts 1987, No. 490, § 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 92 - RENTAL PURCHASES (§§ 4-92-101 — 4-92-108) › Section 4-92-103 - Liability of lessor

(a)
A consumer damaged by a violation of this chapter by a lessor is entitled to recover from the lessor:
(1)
Actual damages;
(2)
Twenty-five percent (25%) of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved. However, the amount recovered under this subdivision (a)(2) may not be less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and
(3)
Reasonable attorney's fees not to exceed fifteen percent (15%) of the consumer's allowable recovery and court costs.
(b)
(1)
Any execution or enforcement of a rental-purchase agreement in violation of this chapter or any other violation of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, §
4-88-101
et seq.
(2)
All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq., shall be available to the Attorney General for the enforcement of this chapter.
Acts 1987, No. 490, § 8; 1993, No. 1050, § 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 92 - RENTAL PURCHASES (§§ 4-92-101 — 4-92-108) › Section 4-92-104 - Agreement - Nature

An agreement which conforms with the definition as set forth in §
4-92-102(7)
shall be a true lease and shall not constitute a credit sale, retail installment contract, agreement, obligation, or any other type of credit sale financing device, nor shall it create a security interest as that term is defined in §
4-1-201(b)(35)
. Until the lessor transfers title to the merchandise to the consumer, the relationship of the parties to a rental-purchase agreement shall be that of a lessor and lessee and not that of a seller and buyer, and title to the merchandise shall remain vested with the lessor.
Acts 1987, No. 490, § 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 92 - RENTAL PURCHASES (§§ 4-92-101 — 4-92-108) › Section 4-92-105 - Agreement - Provisions prohibited and required

(a)
A rental-purchase agreement shall not contain a provision:
(1)
Requiring a confession of judgment;
(2)
Authorizing a merchant or agent of the merchant to commit a breach of the peace while repossessing merchandise;
(3)
Waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant; or
(4)
Requiring the purchase of insurance from the merchant to cover the merchandise.
(b)
A rental-purchase agreement must disclose:
(1)
Whether the merchandise is new or used;
(2)
The amount and timing of regular rental payments;
(3)
The total number of payments necessary and the total amount to be paid to acquire ownership;
(4)
The amounts and purpose of any other payment, charge, or fee in addition to the regular periodic rental payment;
(5)
That the consumer does not acquire any ownership rights until the consumer has complied with the ownership terms of the agreement;
(6)
Whether the consumer is liable for loss or damage to the merchandise, and if so, the maximum amount for which the consumer may be held liable; and
(7)
Notice of the right to reinstate an agreement as provided in §
4-92-106(a)
.
Acts 1987, No. 490, §§ 4, 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 92 - RENTAL PURCHASES (§§ 4-92-101 — 4-92-108) › Section 4-92-106 - Agreement - Reinstatement

(a)
A consumer who fails to make a timely rental payment may reinstate an agreement without losing any rights or options previously acquired by either paying all rental and other charges due or returning the merchandise to the lessor within five (5) business days from the date of the last scheduled rental payment if the consumer pays rent monthly, or within two (2) business days from the date of the last scheduled rental payment if the consumer pays more frequently than monthly.
(b)
Nothing in this section shall prevent the accrual of any late charges or reinstatement fees charged by the lessor.
(c)
Nothing in this section shall prevent the lessor from attempting to repossess the merchandise during the reinstatement period, but the consumer's right to reinstate an agreement shall not expire because of the repossession.
(d)
If the merchandise is returned during the applicable reinstatement period, other than through judicial process, the right to reinstate shall be extended for a period of not less than thirty (30) days after the date of the return of the merchandise.
(e)
No consumer shall have the right to reinstate more than three (3) times during the term of any one (1) rental-purchase agreement.
(f)
On reinstatement, the lessor shall provide the consumer with the same merchandise or shall substitute merchandise of comparable quality and condition. However, the lessor shall not be required to provide new disclosures upon reinstatement.
Acts 1987, No. 490, § 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 92 - RENTAL PURCHASES (§§ 4-92-101 — 4-92-108) › Section 4-92-107 - Advertisements

Any advertisement for a rental-purchase agreement must clearly and conspicuously state that the advertised transaction is a rental-purchase transaction.
Acts 1987, No. 490, § 7.
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 92 - RENTAL PURCHASES (§§ 4-92-101 — 4-92-108) › Section 4-92-108 - Personal property - Repossessed rental merchandise

(a)
This section applies when merchandise becomes attached to the personal property of the consumer that is subject to a perfected lien of a secured creditor while the merchandise is being leased from a lessor under a rental-purchase agreement.
(b)
(1)
If a secured creditor has a security interest in the personal property of a consumer and the merchandise has become attached to that consumer's personal property, and a lessor repossesses the merchandise attached to the consumer's personal property before the consumer becomes the owner of such merchandise, then at the time of repossession the lessor shall install substitute new or used factory quality equipment that is reasonably calculated to keep the personal property of the consumer usable and operable.
(2)
A lessor is liable to a secured creditor for the cost and installation of the substitute equipment if a lessor does not comply with subdivision (b)(1) of this section at the time of repossession.
(c)
If a secured creditor repossesses the collateral of the secured creditor before the consumer becomes the owner of the merchandise that is attached to the collateral and before the collateral is resold, then the secured creditor shall:
(1)
Work with the lessor to comply with subdivision (b)(1) of this section; or
(2)
Pay the lessor whichever is the lesser amount:
(A)
The original cost of the merchandise; or
(B)
The total of remaining rental payments on the consumer's rental purchase agreement with the lessor.
Added by Act 2019, No. 865,§ 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 93 - CREDIT REPORTING DISCLOSURES (§§ 4-93-101 — 4-93-104) › Section 4-93-101 - Title

This chapter may be known and cited as the "Credit Reporting Disclosure Act of 1989".
Acts 1989, No. 431, § 1; 1989, No. 593, § 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 93 - CREDIT REPORTING DISCLOSURES (§§ 4-93-101 — 4-93-104) › Section 4-93-102 - Definitions

As used in this chapter, the terms "consumer", "consumer report", "consumer reporting agency", and "person" have the same meaning as used in the federal Fair Credit Reporting Act,
15 U.S.C. § 1681
,
84
Stat. 1128.
Acts 1989, No. 431, § 2; 1989, No. 593, § 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 93 - CREDIT REPORTING DISCLOSURES (§§ 4-93-101 — 4-93-104) › Section 4-93-103 - Notice of adverse action - Required

Whenever credit, the further extension of existing credit, or the increase in limits of existing credit for personal, family, or household purposes is denied either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom such adverse action has been taken.
Acts 1989, No. 431, § 3; 1989, No. 593, § 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 93 - CREDIT REPORTING DISCLOSURES (§§ 4-93-101 — 4-93-104) › Section 4-93-104 - Notice of adverse action - Contents - Damages

(a)
The notification of adverse action shall be in writing and shall contain:
(1)
A statement of the action taken;
(2)
The name and address of the creditor;
(3)
The name and address of the consumer reporting agency making the report; and
(4)
The Social Security number of the consumer, provided that the Social Security number has been given to the user of the consumer report by the consumer or is contained in the consumer report received from the consumer reporting agency.
(b)
Any person who fails to provide the notification required by this chapter shall be liable to the injured party for actual damages.
Acts 1989, No. 431, § 4; 1989, No. 593, §§ 4, 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 94 - HEALTH SPA CONSUMER PROTECTION ACT (§§ 4-94-101 — 4-94-109) › Section 4-94-101 - Title

This chapter shall be known and may be cited as the "Health Spa Consumer Protection Act".
Acts 1989, No. 264, § 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 94 - HEALTH SPA CONSUMER PROTECTION ACT (§§ 4-94-101 — 4-94-109) › Section 4-94-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Buyer" means a person who contracts for and purchases services under a health spa services contract;
(2)
"Contract for health spa services" means a written agreement whereby a buyer purchases or is obligated to purchase the health spa services or a right to use its facilities;
(3)
(A)
"Health spa" means and includes any person, firm, corporation, organization, club, or association engaged in the sale of memberships in a program of physical exercise which includes the use of one (1) or more of a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device, or engaged in the sale of the right or privilege to use exercise equipment or facilities, such as a sauna, whirlpool, weightlifting room, massage, steam room, or exercising machine or device.
(B)
The term "health spa" shall not include the following:
(i)
Bona fide nonprofit organizations, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or similar organizations whose functions as health spas are only incidental to the overall functions and purposes;
(ii)
Any organization primarily operated for the purpose of teaching a particular form of martial arts, such as judo or karate;
(iii)
Any nonprofit public or private school, college, or university;
(iv)
Any country club; or
(v)
Weight-loss or weight-control services which do not provide physical exercise facilities and which do not obligate the customer for more than twenty-five (25) months; and
(4)
"Seller" means the person, corporation, partnership, association, or group that is engaged in the operation of the health spa, as defined in this section and who offers for sale the right to use health spa facilities or services, now or in the future.
Acts 1989, No. 264, § 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 94 - HEALTH SPA CONSUMER PROTECTION ACT (§§ 4-94-101 — 4-94-109) › Section 4-94-103 - Scope of chapter

The provisions of this chapter are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law.
Acts 1989, No. 264, § 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 94 - HEALTH SPA CONSUMER PROTECTION ACT (§§ 4-94-101 — 4-94-109) › Section 4-94-104 - Written contract required - Delivery to buyer

(a)
Every contract for health spa services shall be in writing and be subject to the provisions of this chapter.
(b)
A copy of the written contract shall be given to the buyer at the time the contract is executed.
Acts 1989, No. 264, § 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 94 - HEALTH SPA CONSUMER PROTECTION ACT (§§ 4-94-101 — 4-94-109) › Section 4-94-105 - Void or voidable provisions - Waiver

(a)
Any contract for health spa services which does not comply with the applicable provisions of this chapter shall be voidable at the option of the buyer.
(b)
(1)
Any contract for health spa services entered into in reliance upon any willful and false, fraudulent, or misleading information, representation, notice, or advertisement of the seller shall be void and unenforceable.
(2)
(A)
Any attempted enforcement of a health spa services contract in violation of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, §
4-88-101
et seq.
(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.
(c)
Any waiver of the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
Acts 1989, No. 264, §§ 7-9; 1993, No. 1048, § 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 94 - HEALTH SPA CONSUMER PROTECTION ACT (§§ 4-94-101 — 4-94-109) › Section 4-94-106 - Registration statement

(a)
Any person, corporation, partnership, association, or group intending to open or operate a health spa shall file an annual registration statement with the office of the Secretary of State prior to the sale of any contracts for health spa services.
(b)
The registration statement shall contain:
(1)
The name and address of the health spa;
(2)
The names and addresses of the officers, directors, and stockholders of the health spa and its parent corporation, if such entity exists; and
(3)
The types of available facilities.
Acts 1989, No. 264, § 10.
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 94 - HEALTH SPA CONSUMER PROTECTION ACT (§§ 4-94-101 — 4-94-109) › Section 4-94-107 - Payment period

No contract for health spa services shall require payments or financing by the buyer over a period in excess of twenty-five (25) months from the date the contract is entered into, nor shall the term of any contract be measured by or be for the life of the buyer; however, the availability of the health spa facilities to the buyer and under the contract may extend over a period not to exceed two (2) years from the date the contract is entered into, with the right to renew for additional periods of equal length.
Acts 1989, No. 264, § 4.
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 94 - HEALTH SPA CONSUMER PROTECTION ACT (§§ 4-94-101 — 4-94-109) › Section 4-94-108 - Time for performance

(a)
Every contract for health spa services to be rendered at an existing health spa facility shall provide that the performance of the agreed-upon services will begin within forty-five (45) days from the date the contract is entered into.
(b)
Every contract for health spa services at a planned spa facility or spa facility under construction shall, at the option of the buyer, be voidable in the event that the health spa facilities and the agreed-upon services are not available within one hundred eighty (180) days from the date the contract is entered into.
Acts 1989, No. 264, § 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 94 - HEALTH SPA CONSUMER PROTECTION ACT (§§ 4-94-101 — 4-94-109) › Section 4-94-109 - Cancellation of contracts

(a)
(1)
Contracts for health spa services may be cancelled within three (3) business days after the date of receipt by the buyer of a copy of the contract by written notice to the seller at the address specified in the contract.
(2)
The notice must be accompanied by the contract forms, membership cards, and any and all other documents and evidence of membership previously delivered to the buyer.
(3)
All moneys paid pursuant to the contract shall be refunded within thirty (30) days of receipt of the notice of cancellation.
(b)
(1)
Every contract for health spa services shall provide that, after the three-day period of cancellation as provided in subsection (a) of this section, the buyer's estate may cancel a contract for services if the buyer dies.
(2)
The buyer may also cancel after three (3) days if the buyer becomes totally and permanently physically disabled or moves his or her residence to a location more than fifty (50) miles from a health club operated by the seller or a substantially similar health club facility which would accept the seller's obligation under the contract or after the services are no longer available as provided in the contract because of the seller's permanent discontinuance of operation.
(3)
Nothing contained in this section or §
4-94-108
shall restrict or prohibit the seller from offering or providing in the contract additional or broader reasons for cancellation.
(c)
(1)
The health spa shall have the right to require and verify reasonable evidence of permanent physical relocation, permanent physical disability, or death.
(2)
In the case of permanent disability, the health spa may also require in the contract that the buyer submit to a physical examination by a doctor agreeable to the buyer and the health club.
(d)
All moneys paid pursuant to any contract cancelled for the reasons contained in this section shall be refunded within thirty (30) days of receipt of the notice of cancellation; provided, however, that the seller may retain the benefits conferred and that portion of the total price representing the services used or completed, and further provided that the seller may receive the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller receive more than the full contract price from the buyer except for goods and services consumed by the buyer separate from the contract. If the buyer has executed any credit or loan agreement to pay for all or part of health spa services, then the credit or loan agreement executed by the buyer shall also be returned within thirty (30) days.
Acts 1989, No. 264, § 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 95 - ARKANSAS MAIL AND TELEPHONE CONSUMER PRODUCT PROMOTION FAIR PRACTICES ACT (§§ 4-95-101 — 4-95-108) › Section 4-95-101 - Title

This chapter may be known and cited as the "Arkansas Mail and Telephone Consumer Product Promotion Fair Practices Act".
Acts 1991, No. 680, § 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 95 - ARKANSAS MAIL AND TELEPHONE CONSUMER PRODUCT PROMOTION FAIR PRACTICES ACT (§§ 4-95-101 — 4-95-108) › Section 4-95-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Consumer product" means a good or service purchased, leased, or rented primarily for personal, family, or household purposes, including a course of instruction or training, regardless of the purpose for which it is taken;
(2)
"Division" means the Consumer Protection Division as created under §
4-88-105
;
(3)
"Gift or prize" means any premium, bonus, award, or any other similar language of inducement or incentive to purchase a consumer product;
(4)
"Pay-per-call" means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time interval charge that is greater than, or in addition to, the charge for transmission of the call;
(5)
"Person" means any individual, organization, group, association, partnership, corporation, or any combination of them; and
(6)
(A)
"Product promoter" means any person who individually or through an agent and by means of a written notice sent through the mail or by telephone:
(i)
Offers a gift, prize, or award with the intent to sell, lease, or rent any consumer product;
(ii)
Solicits to sell, lease, or rent a consumer product, in which the consumer product and all the material terms of the transaction, including the price, handling, shipping, delivery, or any other fee are not fully described and which requests the consumer contact the seller to complete the transaction; or
(iii)
Offers by gift, prize, or award any consumer product in which all material terms regarding the requirements of receiving such gift, prize, or award are not fully described.
(B)
The term "product promoter" does not include any activities of nonprofit or charitable organizations exempt from federal income taxation under § 501(c)(3) of the United States Internal Revenue Code,
26 U.S.C. § 501(c)(3)
.
Acts 1991, No. 680, § 2; 1993, No. 139, §§ 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 95 - ARKANSAS MAIL AND TELEPHONE CONSUMER PRODUCT PROMOTION FAIR PRACTICES ACT (§§ 4-95-101 — 4-95-108) › Section 4-95-103 - Penalties - Criminal

Any person who knowingly commits a practice defined as unlawful in this chapter shall be guilty of a Class B misdemeanor and upon conviction in the appropriate court of any county in this state in which any portion of the unlawful practice occurred shall be subject to punishment accordingly. If the amount in question solicited exceeds two hundred dollars ($200), the offense shall constitute a Class D felony.
Acts 1991, No. 680, § 6; 1993, No. 139, § 3; 1995, No. 1296, § 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 95 - ARKANSAS MAIL AND TELEPHONE CONSUMER PRODUCT PROMOTION FAIR PRACTICES ACT (§§ 4-95-101 — 4-95-108) › Section 4-95-104 - Penalties - Civil

In addition to the criminal penalty imposed in §
4-95-103
, the Consumer Protection Division shall have authority to file a petition in the Pulaski County Circuit Court for civil enforcement of the provisions of this chapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or any other entity from engaging in any unlawful practice. Violation of any of the provisions of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, §
4-88-101
et seq. All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq., shall be available to him or her or the enforcement of this chapter.
Acts 1991, No. 680, § 7; 1993, No. 139, § 4.
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 95 - ARKANSAS MAIL AND TELEPHONE CONSUMER PRODUCT PROMOTION FAIR PRACTICES ACT (§§ 4-95-101 — 4-95-108) › Section 4-95-105 - Offers of gifts or prizes

(a)
It shall be an unlawful practice under this chapter for any product promoter to enforce or to attempt to enforce an agreement for a consumer product not in compliance with the requirements of this chapter.
(b)
It shall be an unlawful practice under this chapter for any person to offer a gift, prize, or award by means of written notice sent through the mail or by telephone with the intent to sell, lease, or rent a consumer product, or to initiate the sale, lease, or rental of a consumer product when, at the time of such offer, the consumer product and all the material terms of the transaction, including the price, handling, shipping, delivery, or any other fee, are not fully described, unless done so in compliance with this chapter.
(c)
It shall be an unlawful practice for any person to offer a gift, prize, or award by means of written notice sent through the mail or by telephone with the intent to receive a payment of any money when at the time of such offer all of the material terms of the transaction, including handling, shipping, delivery, or any other fee, are not fully described and:
(1)
Which requests the consumer to further the transaction by calling a 900 number or "pay-per-call"; or
(2)
Which requests the consumer to send payment to claim the prize.
Acts 1991, No. 680, § 3; 1993, No. 139, §§ 5, 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 95 - ARKANSAS MAIL AND TELEPHONE CONSUMER PRODUCT PROMOTION FAIR PRACTICES ACT (§§ 4-95-101 — 4-95-108) › Section 4-95-106 - Purchase agreements generally

(a)
Any agreement by a consumer to obtain a consumer product from a product promoter is not enforceable unless it is in writing, it contains the signature of the consumer, and it contains the following information:
(1)
The name and address and telephone number of the product promoter;
(2)
A list of the price or fee, including any handling, shipping, delivery, or other charges, being requested from the consumer;
(3)
The date of the transaction;
(4)
A detailed description of the consumer product; and
(5)
In a type size of a minimum of 12-points, in a space immediately preceding the space allotted for the consumer's signature, the disclosure statement: "YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE SELLER."
(b)
(1)
If the consumer sends a payment to the product promoter in the form of cash, check, money order, or other form of payment without having included a signed copy of the agreement to obtain the consumer product, the consumer may cancel the transaction by notifying the product promoter in writing by certified mail with return receipt requested and returning the consumer product to the product promoter in substantially the same condition as he or she received the product.
(2)
A product promoter who has received written notice of cancellation from a consumer, within ten (10) business days of the receipt of the notice, shall:
(A)
Refund all payments made, including any down payment made under the agreement;
(B)
Return any good or product traded in to the product promoter on account of or in contemplation of the agreement, in substantially the same condition as when it was received by the product promoter; and
(C)
Take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement.
(c)
A consumer product transaction is considered to have taken place in the State of Arkansas, regardless of the location of the product promoter, when the consumer has received an offer of a gift or prize or an initiation of a product transaction from the product promoter through the mail at an address within the state or through a telephone contact at a site within the state.
Acts 1991, No. 680, § 4.
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 95 - ARKANSAS MAIL AND TELEPHONE CONSUMER PRODUCT PROMOTION FAIR PRACTICES ACT (§§ 4-95-101 — 4-95-108) › Section 4-95-107 - Exemptions

This chapter shall not apply to a consumer product transaction:
(1)
That has been made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a business establishment that has a fixed permanent location and where the consumer products are displayed or offered for sale, lease, or rent on a continuing basis;
(2)
When the business establishment making the solicitation has made a related prior sale to the consumer or has a clear, continuing business relationship with the consumer, provided that the relationship resulted in the consumer's becoming aware of the full name, business address, and telephone number of the establishment; or
(3)
When the consumer obtains a consumer product pursuant to an examination of a television, radio, or print advertisement or a sample brochure, catalog, or other mailed material of the product promoter which contains:
(A)
The name, address, and telephone number of the product promoter;
(B)
A full description of the consumer product along with a list of the price or fee being requested, including any handling, shipping, or delivery charge; and
(C)
Any limitations or restrictions that apply to the offer.
Acts 1991, No. 680, § 5; 1993, No. 139, § 7.
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 95 - ARKANSAS MAIL AND TELEPHONE CONSUMER PRODUCT PROMOTION FAIR PRACTICES ACT (§§ 4-95-101 — 4-95-108) › Section 4-95-108 - Violation of subchapter renders agreement void - Waiver

(a)
Any agreement for sale, lease, or rent of a consumer product by a product promoter in violation of this chapter is void and unenforceable.
(b)
Any waiver or attempt to waive any of the provisions of this chapter shall be void and unenforceable.
Acts 1991, No. 680, § 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 96 - FARM MACHINERY (§§ 4-96-201 — 4-96-308) › Subchapter 2 - HOUR METERS ON FARM MACHINERY (§§ 4-96-201 — 4-96-202) › Section 4-96-201 - Alteration prohibited

(a)
No person shall knowingly tamper with, adjust, alter, change, set back, disconnect, or, with intent to defraud, fail to connect the hour meter of any farm machinery, or cause any of the foregoing to occur to an hour meter of any farm machinery, so as to reflect fewer hours than the farm machinery has actually been operated.
(b)
No person, with the intent to defraud, shall operate any farm machinery knowing that the hour meter is disconnected or nonfunctional.
(c)
No person shall advertise for sale, sell, use, or install on any part of any farm machinery or on any hour meter on any farm machinery any device which causes the hour meter to register any hours other than the true hours of operation.
(d)
No person shall sell or offer for sale any farm machinery with knowledge that the hours registered on the hour meter have been altered so as to reflect fewer hours than the farm machinery has actually been operated without disclosing such fact to prospective purchasers.
Acts 1991, No. 186, § 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 96 - FARM MACHINERY (§§ 4-96-201 — 4-96-308) › Subchapter 2 - HOUR METERS ON FARM MACHINERY (§§ 4-96-201 — 4-96-202) › Section 4-96-202 - Conspiracy to violate subchapter - Penalties

(a)
No person shall conspire with any other person to violate this subchapter.
(b)
Any person who is found to have violated the provisions of this subchapter shall be guilty of a Class A misdemeanor.
(c)
(1)
A violation of this subchapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, §
4-88-101
et seq.
(2)
All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq., shall be available to the Attorney General for the enforcement of this subchapter.
Acts 1991, No. 186, § 1; 1993, No. 908, § 1; 2005, No. 1994, § 219.
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 96 - FARM MACHINERY (§§ 4-96-201 — 4-96-308) › Subchapter 3 - ARKANSAS NEW FARM MACHINERY QUALITY ASSURANCE ACT (§§ 4-96-301 — 4-96-308) › Section 4-96-301 - Title

This subchapter shall be known and may be cited as the "Arkansas New Farm Machinery Quality Assurance Act".
Added by Act 2019, No. 588,§ 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 96 - FARM MACHINERY (§§ 4-96-201 — 4-96-308) › Subchapter 3 - ARKANSAS NEW FARM MACHINERY QUALITY ASSURANCE ACT (§§ 4-96-301 — 4-96-308) › Section 4-96-304 - Right to repair

After notice is provided under §
4-96-303
, a manufacturer, a distributor, or an authorized dealer shall have the right to repair a nonconformity of farm machinery:
(1)
(A)
Three (3) times for the same repair issue or thirty (30) days out of service for the same issue under this subchapter.
(B)
The cost of three (3) repairs shall equal at least thirty percent (30%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter; or
(2)
(A)
Five (5) times for all issues or sixty (60) days of out of service time.
(B)
The cost of five (5) repairs under subdivision (2)(A) of this section shall be equal to at least fifty percent (50%) of the total purchase price of the farm machinery in order to trigger recourse under this subchapter.
(C)
Days of out of service time do not count for the purposes of subdivision (1)(A) of this section if the authorized dealer provides comparable farm machinery.
Added by Act 2019, No. 588,§ 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 96 - FARM MACHINERY (§§ 4-96-201 — 4-96-308) › Subchapter 3 - ARKANSAS NEW FARM MACHINERY QUALITY ASSURANCE ACT (§§ 4-96-301 — 4-96-308) › Section 4-96-305 - Refund or replacement

(a)
If a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer does not conform farm machinery to the warranty as required under §
4-96-303
, after notice of the nonconformity under §
4-96-303
by repairing or correcting one (1) or more nonconformities that substantially impair the farm machinery after a reasonable number of attempts, then, within thirty (30) days, the manufacturer or distributor shall:
(1)
At the time of receipt of payment of a reasonable offset for use by the consumer, replace the farm machinery with comparable farm machinery acceptable to the consumer; or
(2)
Repurchase the farm machinery from the buyer or lessor and refund to the buyer or lessor the full purchase price or lease price, less:
(A)
A reasonable allowance for consumer use; and
(B)
A reasonable offset for physical damage sustained by the farm machinery while under the ownership of the consumer.
(b)
The replacement or refund under subsection (a) of this section shall include payment of all collateral charges and reasonably incurred incidental charges.
(c)
A buyer has an unconditional right to choose a refund rather than a replacement under this subchapter.
(d)
At the time of the refund or replacement, a consumer, lien holder, or lessor shall furnish clear title to and possession of the farm machinery to the manufacturer, distributor, or authorized dealer.
(e)
The amount of reasonable allowance for consumer use is determined by the fair lease value of the farm machinery.
Added by Act 2019, No. 588,§ 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 96 - FARM MACHINERY (§§ 4-96-201 — 4-96-308) › Subchapter 3 - ARKANSAS NEW FARM MACHINERY QUALITY ASSURANCE ACT (§§ 4-96-301 — 4-96-308) › Section 4-96-306 - Affirmative defenses

It is an affirmative defense to a claim under this subchapter that:
(1)
A defect or condition does not substantially impair the use, value, or safety of the farm machinery;
(2)
A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the farm machinery by a person other than the manufacturer, agent of a manufacturer, distributor, or an authorized dealer;
(3)
A claim by the consumer was not filed in good faith; or
(4)
There are other defenses allowed by law that may be raised against the claim.
Amended by Act 2021, No. 465,§ 1, eff. 7/28/2021.
Added by Act 2019, No. 588,§ 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 96 - FARM MACHINERY (§§ 4-96-201 — 4-96-308) › Subchapter 3 - ARKANSAS NEW FARM MACHINERY QUALITY ASSURANCE ACT (§§ 4-96-301 — 4-96-308) › Section 4-96-307 - Enforcement - Exclusivity - Costs and expenses

(a)
A consumer may bring a civil action to enforce this subchapter in a court of competent jurisdiction.
(b)
This subchapter does not limit the rights and remedies that are otherwise available to a consumer under any applicable law.
(c)
(1)
A consumer who prevails in a legal proceeding under this subchapter is entitled to recover, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including attorney's fees.
(2)
The attorney's fees shall be:
(A)
Based on actual time expended by the attorney; and
(B)
Based on charges reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action as determined by the court.
Added by Act 2019, No. 588,§ 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 96 - FARM MACHINERY (§§ 4-96-201 — 4-96-308) › Subchapter 3 - ARKANSAS NEW FARM MACHINERY QUALITY ASSURANCE ACT (§§ 4-96-301 — 4-96-308) › Section 4-96-308 - Action - Limitations

(a)
A legal action brought under this subchapter shall commence within two (2) years following the date a buyer first reports the nonconformity to a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer.
(b)
(1)
Before filing a legal action in court concerning the enforcement of the rights and remedies available to the consumer under this subchapter, the consumer and the manufacturer, distributor, or authorized dealer shall, in good faith, attempt to resolve all issues and claims in dispute through the use of an impartial, third-party mediator certified by the Arkansas Alternative Dispute Resolution Commission, if the seller has provided the required disclosures under §
4-96-303
.
(2)
The consumer and the manufacturer shall equally bear all costs and expenses of mediation, unless agreed otherwise.
(3)
However, if the seller has not provided the required disclosure under §
4-96-303
, the consumer is not required to utilize mediation before commencement of any legal action to enforce the consumer's rights under this subchapter.
Added by Act 2019, No. 588,§ 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 97 - RETAIL PET STORES (§§ 4-97-101 — 4-97-109) › Section 4-97-101 - Title

This chapter may be cited as the "Arkansas Retail Pet Store Consumer Protection Act of 1991".
Acts 1991, No. 1225, § 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 97 - RETAIL PET STORES (§§ 4-97-101 — 4-97-109) › Section 4-97-102 - Legislative intent

It is the purpose of this chapter to require certain guarantees from retail pet stores to the purchasers of dogs and cats that are consistent with their unique status as companions rather than commodities. A further purpose is to provide a means by which it can be ensured that the treatment, care, and disposition of those animals is humane and that the treatment, care, and disposition are consistent with providing to the retail consumer animals which are physically and temperamentally sound, healthy, and fit as companions; to provide a means by which the acquisition and care of those animals can be monitored; and to ensure that the animals and facilities are managed in a manner noninjurious to the public health. Therefore, it is hereby determined and declared that the supervision by the state of the sale of dogs and cats by retail pet stores, and the inspection of such animals, whether or not found within the public area of the store, is within the public interest.
Acts 1991, No. 1225, § 2.