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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-88-101 — 4-88-117) › Section 4-88-117 - Durable medical equipment - Definition

(a)
As used in this section, "durable medical equipment" means a good that qualifies for insurance reimbursement and requires a referral or prescription of a licensed physician or a licensed advanced practice registered nurse.
(b)
A person shall not represent or advertise that a consumer's health insurance, health benefit plan, Medicare, or Medicaid will cover any portion of the cost of durable medical equipment unless a licensed physician or a licensed advanced practice registered nurse has made a referral for or prescribed the durable medical equipment for the consumer before an agreement to purchase durable medical equipment is executed between a consumer and seller of the durable medical equipment.
(c)
Notwithstanding any provision of this section, a provision in an agreement to purchase durable medical equipment does not violate this section if the consumer has signed a conspicuous waiver that contains no other information or agreements and clearly states that the consumer understands that Medicare, Medicaid, a health benefit plan, a health insurance plan, or any other insurance plan may only cover the cost of the durable medical equipment upon approval by the consumer's licensed physician or licensed advanced practice registered nurse.
(d)
(1)
If an agreement to purchase durable medical equipment contains a provision that violates this section, the agreement to purchase durable medical equipment is void.
(2)
If an agreement to purchase durable medical equipment is voided under subdivision (d)(1) of this section, a consumer may receive full reimbursement for the durable medical equipment.
(3)
If a consumer seeks reimbursement for a transaction, the consumer shall return the durable medical equipment upon the request of the seller of the durable medical equipment and at the expense of the seller of the durable medical equipment.
(e)
(1)
A transaction for durable medical equipment shall have a thirty-day return policy.
(2)
Durable medical equipment may be returned for any reason.
(3)
Notification of a return of durable medical equipment:
(A)
Shall be given by the consumer within thirty (30) days of the agreement to purchase durable medical equipment; and
(B)
May be given to the seller of the durable medical equipment in writing or over the telephone.
(4)
(A)
A seller of durable medical equipment shall not deny a reimbursement for durable medical equipment because the durable medical equipment has not been returned.
(B)
However, a consumer shall be permitted to return the durable medical equipment at the expense of the seller of the durable medical equipment within a reasonable amount of time after notification of the return.
Added by Act 2019, No. 1065,§ 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 2 - ENHANCED PENALTIES WHEN ELDER OR DISABLED PERSONS ARE TARGETED (§§ 4-88-201 — 4-88-210) › Section 4-88-202 - Civil penalty - Disposition of funds

(a)
If any person is found to have violated any provision of this chapter, including unlawful practices related to charitable solicitations, and the violation is committed against an elder person or a person with a disability, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed ten thousand dollars ($10,000) for each violation.
(b)
The civil penalties imposed pursuant to subsection (a) of this section shall be deposited with the Treasurer of State and placed into the Elder Person and Person with a Disability Victims Fund, a special fund created in the State Treasury and administered by the Attorney General for the investigation and prosecution of deceptive acts against an elder person or a person with a disability and for consumer education initiatives.
Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019.
Acts 1993, No. 138, § 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 2 - ENHANCED PENALTIES WHEN ELDER OR DISABLED PERSONS ARE TARGETED (§§ 4-88-201 — 4-88-210) › Section 4-88-203 - Determination of civil penalty

In determining whether to impose an enhanced civil penalty under this subchapter and the amount thereof, the court shall consider the extent to which one (1) or more of the following factors are present:
(1)
Whether the defendant's conduct was in disregard of the rights of the elder person or person with a disability;
(2)
Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or person with a disability;
(3)
Whether the elder person or person with a disability was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder person or person with a disability actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct;
(4)
Whether the defendant's conduct caused an elder person or person with a disability to suffer any of the following:
(A)
Mental or emotional anguish;
(B)
Loss of or encumbrance upon a primary residence of the elder person or person with a disability;
(C)
Loss of or encumbrance upon the elder person's or person with a disability's principal employment or principal source of income;
(D)
Loss of funds received under a pension or retirement plan or a government benefits program;
(E)
Loss of property set aside for retirement or for personal or family care and maintenance; or
(F)
Loss of assets essential to the health and welfare of the elder person or person with a disability; or
(5)
Any other factors the court deems appropriate.
Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019.
Acts 1993, No. 138, § 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 2 - ENHANCED PENALTIES WHEN ELDER OR DISABLED PERSONS ARE TARGETED (§§ 4-88-201 — 4-88-210) › Section 4-88-204 - Cause of action

An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this section has priority over a civil penalty imposed pursuant to this subchapter.
Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019.
Acts 1993, No. 138, § 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 2 - ENHANCED PENALTIES WHEN ELDER OR DISABLED PERSONS ARE TARGETED (§§ 4-88-201 — 4-88-210) › Section 4-88-205 - Education initiatives

The Attorney General shall, pursuant to the funds allocated in this subchapter, develop and implement statewide educational initiatives to inform elder persons and persons with a disability, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder persons or persons with a disability, the provisions of this chapter, the penalties for violations of this chapter, and the remedies available for victims of violations.
Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019.
Acts 1993, No. 138, § 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 2 - ENHANCED PENALTIES WHEN ELDER OR DISABLED PERSONS ARE TARGETED (§§ 4-88-201 — 4-88-210) › Section 4-88-206 - Referrals for exploitation and deceptive and unconscionable trade practices

(a)
The Attorney General shall establish and maintain referral procedures with the Adult Protective Services Unit of the Department of Human Services in order to provide any necessary intervention and assistance to an elder person or person with a disability who may have been victimized by violations of this chapter.
(b)
In order to provide any necessary intervention and assistance to an elder person or a person with a disability, as defined in this subchapter, who may have been victimized by a person who is in violation of this chapter, the Adult Protective Services Unit of the Department of Human Services shall refer to the Consumer Protection Division any cases involving suspected exploitation and financial exploitation, as defined in §
4-88-201
, to the Attorney General within forty-eight (48) hours of receipt, or at the close of business on the next business day if there is an intervening weekend or state holiday.
Amended by Act 2021, No. 1015,§ 5, eff. 7/28/2021.
Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019.
Amended by Act 2017, No. 913,§ 10, eff. 8/1/2017.
Acts 1993, No. 138, § 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 2 - ENHANCED PENALTIES WHEN ELDER OR DISABLED PERSONS ARE TARGETED (§§ 4-88-201 — 4-88-210) › Section 4-88-207 - Elder Person and Person with a Disability Victims Fund created

The "Elder Person and Person with a Disability Victims Fund" is hereby created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State and shall consist of those special funds as may be provided by law. This fund shall be used for the investigation and prosecution of deceptive acts against an elder person or person with a disability and for consumer education initiatives directed toward elder persons or persons with a disability, law enforcement officers, the judicial system, social services professionals, and the general public on the provisions of this chapter and related statutes.
Amended by Act 2019, No. 1035,§ 2, eff. 7/24/2019.
Acts 1993, No. 138, § 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 2 - ENHANCED PENALTIES WHEN ELDER OR DISABLED PERSONS ARE TARGETED (§§ 4-88-201 — 4-88-210) › Section 4-88-209 - Protection of consumers from financial exploitation

(a)
If necessary to provide intervention and assistance to consumers, including elder persons or persons with a disability, the Attorney General may petition a court of competent jurisdiction requesting an order delaying or extending a delay of disbursement of funds.
(b)
The delay shall expire:
(1)
As directed by an order of the court;
(2)
When the Attorney General reasonably determines that the financial transaction will not result in financial exploitation; or
(3)
No more than ten (10) business days after the date on which the petition was filed with the court.
(c)
(1)
A financial services provider shall, upon request by the Attorney General, provide access to or copies of records that are relevant to suspected financial exploitation or attempted financial exploitation to the Attorney General.
(2)
The records should include historical records as well as records relating to the most recent transactions or transactions that may compromise financial exploitation.
(d)
The records, materials, data, and information made available by a financial services provider are confidential and shall not be disclosed to any person other than those persons specifically authorized by the Attorney General to receive the information.
(e)
A financial services provider is immune from any civil or criminal liability that might otherwise result from complying with this section.
Added by Act 2021, No. 1015,§ 6, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 2 - ENHANCED PENALTIES WHEN ELDER OR DISABLED PERSONS ARE TARGETED (§§ 4-88-201 — 4-88-210) › Section 4-88-210 - Report by financial services provider to local and state law enforcement of suspicious activity

(a)
A financial services provider that voluntarily or mandatorily reports via a suspicious activity report, pursuant to
31 U.S.C. § 5318(g)
, as it existed on January 1, 2021, any violation of law or rule constituting a violation of this chapter, may also report the information contained in the suspicious activity report to local or state law enforcement agencies, including the Attorney General.
(b)
A financial services provider is immune from any civil or criminal liability that might otherwise result from complying with this section.
Added by Act 2021, No. 1015,§ 6, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 3 - PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY (§§ 4-88-301 — 4-88-305) › Section 4-88-301 - Emergencies and natural disasters - Taking unfair advantage of consumers

The General Assembly hereby finds that during emergencies and major disasters, including, but not limited to, tornadoes, earthquakes, fires, floods, or civil disturbances, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer goods or services. While the pricing of consumer goods and services is generally best left to the marketplace under ordinary conditions, when a declared state of emergency results in abnormal disruptions of the market, the public interest requires that excessive and unjustified increases in the prices of essential consumer goods and services be prohibited. It is the intent of the General Assembly in enacting this subchapter to protect citizens from excessive and unjustified increases in the prices charged during or shortly after a declared state of emergency for goods and services that are vital and necessary for the health, safety, and welfare of consumers. Further, it is the intent of the General Assembly that this section be liberally construed so that its beneficial purposes may be served.
Acts 1997, No. 376, § 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 3 - PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY (§§ 4-88-301 — 4-88-305) › Section 4-88-302 - Definitions

(a)
"Building materials" means lumber, construction tools, windows, and anything else used in the building or rebuilding of property.
(b)
"Consumer food item" means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal.
(c)
"Emergency supplies" includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soap, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers.
(d)
"Gasoline" means any fuel used to power any motor vehicle or power tool.
(e)
"Goods" has the same meaning as defined in §
4-88-102
.
(f)
"Housing" means any rental housing and includes any housing provided by a hotel or motel.
(g)
"Local emergency" means a natural or man-made disaster or emergency resulting from a tornado, earthquake, flood, fire, riot, or storm for which a local emergency has been declared by the executive officer or governing body of any city or county in Arkansas.
(h)
"Medical supplies" includes, but is not limited to, prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.
(i)
"Person" means a natural person, individual, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized.
(j)
"Repair or reconstruction services" means services performed by any person for repairs to residential or commercial property of any type that is damaged as a result of a disaster or terrorist attack.
(k)
"Services" means any work, labor, or services including services furnished in connection with the sale or repair of goods or real property or improvements thereto.
(l)
(1)
"State of emergency" means a natural or man-made disaster or emergency resulting from a tornado, earthquake, flood, fire, riot, storm, act of war, threat of war, military action, or the time of instability following a terrorist attack for which a state of emergency has been declared by the President of the United States or the Governor.
(2)
"State of emergency" also includes the declaration of a red condition in the National Terrorism Advisory System by either the United States Department of Homeland Security or the Division of Emergency Management.
(m)
"Transportation, freight, and storage services" means any service that is performed by any person or company that contracts to move, store, or transport personal or business property or rents equipment for those purposes.
Acts 1997, No. 376, § 1; 2003, No. 1082, § 1; 2003, No. 1448, § 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 3 - PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY (§§ 4-88-301 — 4-88-305) › Section 4-88-304 - Penalties, remedies, and enforcement

(a)
(1)
When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by this chapter.
(2)
All remedies, penalties, and authority granted to the Attorney General under this chapter shall be available to the Attorney General for the enforcement of this subchapter.
(b)
Any person who is found to have violated this subchapter shall be guilty of a Class A misdemeanor.
(c)
The remedies and penalties provided by this section are cumulative to each other, the remedies under §
17-25-301
et seq., and the remedies or penalties available under all other laws of this state.
Amended by Act 2019, No. 315,§ 130, eff. 7/24/2019.
Acts 1997, No. 376, § 1; 2005, No. 1994, § 218.
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 3 - PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY (§§ 4-88-301 — 4-88-305) › Section 4-88-305 - Preemption

Nothing in this section shall preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited in this section.
Acts 1997, No. 376, § 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 4 - "SLAMMING" IN THE TELECOMMUNICATIONS INDUSTRY (§§ 4-88-401 — 4-88-403) › Section 4-88-401 - Definitions

As used in this subchapter:
(1)
"Person" means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity;
(2)
"Slamming" means submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with the verification procedures as the Federal Communications Commission shall prescribe; and
(3)
"Subscriber" means a telecommunications service provider's retail business customer or a retail residential customer.
Acts 1999, No. 1489, § 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 4 - "SLAMMING" IN THE TELECOMMUNICATIONS INDUSTRY (§§ 4-88-401 — 4-88-403) › Section 4-88-402 - Slamming

No telecommunications service provider and no person acting on behalf of any telecommunications service provider shall engage in the practice of slamming as defined in §
4-88-401(2)
.
Acts 1999, No. 1489, § 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 4 - "SLAMMING" IN THE TELECOMMUNICATIONS INDUSTRY (§§ 4-88-401 — 4-88-403) › Section 4-88-403 - Penalties, remedies, and enforcement

(a)
When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by this chapter.
(b)
(1)
All remedies, penalties, and authority granted to the Attorney General under this chapter shall be available to the Attorney General for the enforcement of this subchapter.
(2)
The remedies and penalties provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state.
Amended by Act 2019, No. 315,§ 131, eff. 7/24/2019.
Acts 1999, No. 1489, § 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 5 - DISCLOSURES BY SOLICITORS FOR ADVERTISEMENTS ON SCHOOL CALENDARS (§§ 4-88-501 — 4-88-503) › Section 4-88-501 - Definitions

As used in this subchapter:
(1)
"Person" shall have the same meaning as provided in §
4-88-102
; and
(2)
"School calendar" means a poster or other printed material that depicts a school mascot, emblem, or name in conjunction with an athletic event or schedule.
Acts 1999, No. 1284, § 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 5 - DISCLOSURES BY SOLICITORS FOR ADVERTISEMENTS ON SCHOOL CALENDARS (§§ 4-88-501 — 4-88-503) › Section 4-88-502 - Violations

(a)
This subchapter shall not be construed to permit an activity otherwise prohibited by law.
(b)
(1)
A person who solicits advertisements for school calendars shall disclose whether or not the school whose name, emblem, or mascot is used will receive any funds as a result of the solicitation and, if so, what percentage or amount of those funds the school will receive.
(2)
If the school whose name, emblem, or mascot is used will not receive a percentage of any funds raised, the person making the solicitation must clearly and conspicuously disclose, both orally and in writing at the time the person makes the solicitation, that the school will not receive a percentage of any funds raised.
(c)
Subsection (b) of this section shall not apply to a person who solicits advertisements for university calendars when the person has a written contract with the university.
Acts 1999, No. 1284, § 2; 2009, No. 645, § 1; 2011, No. 719, § 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 5 - DISCLOSURES BY SOLICITORS FOR ADVERTISEMENTS ON SCHOOL CALENDARS (§§ 4-88-501 — 4-88-503) › Section 4-88-503 - Penalty

(a)
A violation of this subchapter shall constitute a violation of §
4-88-101
et seq. pertaining to deceptive trade practices.
(b)
All remedies, penalties, and authority granted to the Attorney General under §
4-88-101
et seq. shall be available to the Attorney General for the enforcement of this subchapter.
Acts 1999, No. 1284, § 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 6 - UNSOLICITED COMMERCIAL AND SEXUALLY EXPLICIT ELECTRONIC MAIL PREVENTION ACT (§§ 4-88-601 — 4-88-607) › Section 4-88-601 - Title

This subchapter may be referred to and cited as the "Unsolicited Commercial and Sexually Explicit Electronic Mail Prevention Act".
Acts 2003, No. 1019, § 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 6 - UNSOLICITED COMMERCIAL AND SEXUALLY EXPLICIT ELECTRONIC MAIL PREVENTION ACT (§§ 4-88-601 — 4-88-607) › Section 4-88-604 - Interactive computer service and electronic mail service provider authority

(a)
An interactive computer service or electronic mail service provider may block the receipt or transmission through its service of any bulk electronic mail that it reasonably believes is or will be sent in violation of this subchapter.
(b)
An interactive computer service or electronic mail service provider is not:
(1)
In violation of this section and the injured party shall not have a cause of action against an interactive computer service or mail service provider due to the fact that the interactive computer service or electronic mail service provider:
(A)
Is an intermediary between the sender and recipient in the transmission of an electronic mail that violates this section; or
(B)
Provides transmission of unsolicited commercial electronic mail messages over the provider's computer network or facilities; or
(2)
Liable for any action it voluntarily takes in good faith to block the receipt or transmission through its service of any electronic mail advertisements that it believes is or will be sent in violation of this subchapter.
(c)
An interactive computer service may disconnect or terminate the service of any person who is in violation of this subchapter.
Acts 2003, No. 1019, § 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 6 - UNSOLICITED COMMERCIAL AND SEXUALLY EXPLICIT ELECTRONIC MAIL PREVENTION ACT (§§ 4-88-601 — 4-88-607) › Section 4-88-605 - Criminal penalty

(a)
A person who violates any requirement of §
4-88-603
with respect to an unsolicited sexually explicit electronic mail is guilty of a Class B misdemeanor.
(b)
A person who is found guilty of, or pleads guilty or nolo contendere to, violations of §
4-88-603
is not relieved from civil liability in an action under §
4-88-606
.
Acts 2003, No. 1019, § 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 6 - UNSOLICITED COMMERCIAL AND SEXUALLY EXPLICIT ELECTRONIC MAIL PREVENTION ACT (§§ 4-88-601 — 4-88-607) › Section 4-88-606 - Civil action for violation - Election on damages - Costs and attorney's fees - Defense

(a)
For any violation of a provision of this subchapter, an action may be brought by:
(1)
A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail that violates this subchapter; or
(2)
An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail was transmitted.
(b)
(1)
In each action under subdivision (a)(1) of this section, a recipient or electronic mail service provider may elect, in lieu of actual damages, to recover the lesser of:
(A)
Ten dollars ($10.00) per unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail sent to a previously opted-out electronic mail address or transmitted through the electronic mail service provider or otherwise sent in violation of this subchapter; or
(B)
Twenty-five thousand dollars ($25,000) per day the violation occurs.
(2)
Each prevailing recipient or electronic mail service provider shall be awarded costs and reasonable attorney's fees.
(c)
It is an affirmative defense to a violation of this subchapter if a person can demonstrate that the sender at the time of the alleged violation had:
(1)
Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages;
(2)
Established and implemented with due care and reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages in violation of this subchapter;
(3)
Trained the sender's personnel in the requirements of this subchapter; and
(4)
Maintained records demonstrating compliance with this subchapter.
Acts 2003, No. 1019, § 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 6 - UNSOLICITED COMMERCIAL AND SEXUALLY EXPLICIT ELECTRONIC MAIL PREVENTION ACT (§§ 4-88-601 — 4-88-607) › Section 4-88-607 - Enforcement of subchapter

(a)
(1)
Any transmission of unsolicited commercial or sexually explicit electronic mail in violation of this subchapter shall constitute an unfair and deceptive act or practice under §
4-88-107
.
(2)
All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq., or this subchapter shall be available to the Attorney General for the enforcement of this subchapter.
(b)
The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this subchapter.
(c)
Nothing in the provisions of this subchapter shall prohibit the bringing of a civil action against a violator of this subchapter by an individual harmed by a deceptive trade practice.
Acts 2003, No. 1019, § 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 7 - FAIR GIFT CARD ACT (§§ 4-88-701 — 4-88-706) › Section 4-88-701 - Short title

This act shall be known and may be cited as the "Fair Gift Card Act".
Acts 2007, No. 304, § 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 7 - FAIR GIFT CARD ACT (§§ 4-88-701 — 4-88-706) › Section 4-88-703 - Regulation of unfair and deceptive acts and practices in connection with gift cards

(a)
A person shall not sell or issue a gift certificate, a store gift card, or a general use prepaid card that is subject to an expiration date earlier than two (2) years from the date of issuance or sale of the gift certificate, store gift card, or general use prepaid card.
(b)
A dormancy fee, an inactivity charge or fee, or a service fee shall not be charged on a gift certificate, a store gift card, or a general use prepaid card before two (2) years from the date of issuance or sale of the gift certificate, store gift card, or general use prepaid card.
(c)
Upon the expiration of the two-year time period referenced in subsection (b) of this section, a gift certificate, a store gift card, or a general use prepaid card may be subject to expiration or a postsale fee, including a service fee, a dormancy fee, an account maintenance fee, a cash-out fee, a gift card replacement fee, an activation fee, or a reactivation fee if the following disclosures are printed clearly in a conspicuous place on the front or back of the gift certificate, the store gift card, or the general use prepaid card in at least 10-point type:
(1)
The date on which the gift certificate, the store gift card, or the general use prepaid card expires; and
(2)
With respect to a postsale fee:
(A)
The amount of the fee;
(B)
The circumstances under which the fee will be imposed;
(C)
The frequency with which the fee will be imposed; and
(D)
Whether the fee is triggered by inactivity.
(d)
If the disclosures required by subsection (c) of this section are hidden by the packaging of the gift certificate, the store gift card, or the general use prepaid card, the seller or issuer shall give the purchaser a written statement of the disclosures before the gift certificate, the store gift card, or the general use prepaid card is sold or issued.
(e)
(1)
If a gift certificate, a store gift card, or a general use prepaid card is sold or issued by electronic means, the seller or issuer shall include a conspicuous written statement of the information required by subsection (c) of this section in the electronic message offering the gift certificate, the store gift card, or the general use prepaid card.
(2)
If a gift certificate, a store gift card, or a general use prepaid card is sold or issued by telephonic means, the seller or issuer shall state the information required by subsection (c) of this section to the purchaser.
(f)
A term or condition disclosed under subsection (c) of this section shall not be changed after the date of purchase or issuance of the gift certificate, the store gift card, or the general use prepaid card unless the change benefits the holder of the gift certificate, the store gift card, or the general use prepaid card.
Acts 2007, No. 304, § 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 7 - FAIR GIFT CARD ACT (§§ 4-88-701 — 4-88-706) › Section 4-88-704 - Exclusions

The prohibitions and requirements of this subchapter shall not apply to gift certificates, store gift cards, or general use prepaid cards that:
(1)
Are distributed pursuant to an award, loyalty, or promotional program and for which there is no money or other value exchanged;
(2)
Expire not later than thirty (30) days after the date they are sold and are sold below the face value of the gift certificate, the store gift card, or the general use prepaid card to an employer or to a nonprofit or charitable organization for fundraising purposes; or
(3)
Are usable with multiple, unaffiliated sellers of goods or services and are issued by a financial institution under §
4-88-702(3)
.
Acts 2007, No. 304, § 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 7 - FAIR GIFT CARD ACT (§§ 4-88-701 — 4-88-706) › Section 4-88-705 - Enforcement

A violation of the provisions of this subchapter shall constitute a deceptive and unconscionable trade practice as defined by §
4-88-101
et seq. and is subject to all the authority, remedies, and penalties granted under those sections.
Acts 2007, No. 304, § 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 7 - FAIR GIFT CARD ACT (§§ 4-88-701 — 4-88-706) › Section 4-88-706 - Rules

(a)
The State Bank Department shall promulgate rules pertaining to the regulation of state-chartered banks and the selling of gift cards.
(b)
The department shall have authority of the sale of gift cards by state-chartered banks and promulgate rules based on guidance issued by the United States Comptroller of the Currency in the United States Office of the Comptroller of the Currency Bulletin 2006-34 on August 14, 2006.
Acts 2007, No. 304, § 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 8 - FAIR DISCLOSURE OF STATE FUNDED PAYMENTS FOR PHARMACISTS' SERVICES ACT (§§ 4-88-801 — 4-88-804) › Section 4-88-801 - Title

This subchapter shall be known and may be cited as the "Fair Disclosure of State Funded Payments for Pharmacists' Services Act".
Acts 2009, No. 769, § 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 8 - FAIR DISCLOSURE OF STATE FUNDED PAYMENTS FOR PHARMACISTS' SERVICES ACT (§§ 4-88-801 — 4-88-804) › Section 4-88-802 - Definitions

As used in this subchapter:
(1)
"Pharmacist" means a licensed pharmacist as defined in §
17-92-101
;
(2)
"Pharmacist services" means products, goods, or services provided as a part of the practice of pharmacy as defined in §
17-92-101
to individuals who reside or are employed in this state;
(3)
"Pharmacy" means the same as defined in §
17-92-101
;
(4)
"Pharmacy benefits manager" or "PBM" means an entity that administers or manages a pharmacy benefits plan or program; and
(5)
"Pharmacy benefits plan or program" means any plan or program that is funded by state dollars to furnish, cover the cost of, or otherwise provide for pharmacist services to individuals who reside or are employed in this state.
Acts 2009, No. 769, § 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 8 - FAIR DISCLOSURE OF STATE FUNDED PAYMENTS FOR PHARMACISTS' SERVICES ACT (§§ 4-88-801 — 4-88-804) › Section 4-88-803 - Required practices

(a)
A PBM, when seeking payment or reimbursement for pharmacist services provided in connection with a pharmacy benefits plan or program or reporting expenditures for pharmacist services provided in connection with a pharmacy benefits plan or program, shall itemize by individual claim:
(1)
The amount actually paid or to be paid to the pharmacy or pharmacist for the pharmacist services;
(2)
The identity of the pharmacy or pharmacist actually paid or to be paid; and
(3)
The prescription number or other identifier of the pharmacist services.
(b)
A PBM shall pay the amounts it receives for pharmacist services provided in connection with a pharmacy benefits plan or program to the pharmacies or pharmacists that provided the pharmacist services.
(c)
This section does not:
(1)
Require a PBM to set specific fees, rates, or schedules for payment for pharmacist services;
(2)
Prohibit a PBM from charging for any services in addition to pharmacist services; or
(3)
Require a PBM to pay a pharmacy or pharmacist more on any claim than the amount disclosed under subdivision (a)(1) of this section.
(d)
(1)
Unless otherwise required more frequently by the Insurance Commissioner, a pharmacy benefits manager shall file an annual report with the commissioner providing the information required under subsection (a) of this section pursuant to the timing, format, and requirements issued by rule of the State Insurance Department.
(2)
The annual report is:
(A)
Considered proprietary and confidential under §
23-61-107(a)(4)
and §
23-61-207
; and
(B)
Not subject to the Freedom of Information Act of 1967, §
25-19-101
et seq.
(3)
This section is not subject to §
4-88-113(f)(1)(B)
.
Amended by Act 2018EX2, No. 3,§ 2, eff. 3/19/2018.
Amended by Act 2018EX2, No. 1,§ 2, eff. 3/15/2018.
Acts 2009, No. 769, § 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 8 - FAIR DISCLOSURE OF STATE FUNDED PAYMENTS FOR PHARMACISTS' SERVICES ACT (§§ 4-88-801 — 4-88-804) › Section 4-88-804 - Enforcement

A violation of this subchapter is a deceptive and unconscionable trade practice under the Deceptive Trade Practices Act, §
4-88-101
et seq.
Acts 2009, No. 769, § 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 9 - UNFAIR PRACTICES RELATED TO RESIDENTIAL REAL ESTATE REPAIR CONTRACTS (§§ 4-88-901 — 4-88-905) › Section 4-88-901 - Applicability

(a)
This subchapter applies to a residential real estate repair contract under which a person has contracted with a residential contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy.
(b)
The rights and responsibilities contained in this subchapter are in addition to those under §
4-89-101
et seq. and §
17-25-501
.
Added by Act 2013, No. 1360,§ 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 9 - UNFAIR PRACTICES RELATED TO RESIDENTIAL REAL ESTATE REPAIR CONTRACTS (§§ 4-88-901 — 4-88-905) › Section 4-88-902 - Definitions

As used in this subchapter:
(1)
(A)
"Emergency services" means services performed with the express permission of the insured and that are immediately necessary for:
(i)
The preservation of the residential real estate; or
(ii)
The health of the insured, owner, or possessor.
(B)
"Emergency services" does not include inspection of the residential real estate or an estimation of the repair costs;
(2)
"Insured" means the person whose name appears on the face of the property and casualty insurance policy;
(3)
"Residential contractor" means a person or entity in the business of contracting or offering to contract with an insured, owner, or possessor of residential real estate to repair or replace roof systems or perform other exterior repair, replacement, construction, or reconstruction work on residential real estate;
(4)
"Residential real estate" means a new or existing dwelling constructed for habitation by one (1) to four (4) families, including a detached garage;
(5)
"Residential real estate repair contract" means a written contract with an insured to repair residential real estate and provide goods and services to be paid under a property and casualty insurance policy; and
(6)
"Roof system" means roof coverings, roof sheathing, roof weatherproofing, and insulation.
Added by Act 2013, No. 1360,§ 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 9 - UNFAIR PRACTICES RELATED TO RESIDENTIAL REAL ESTATE REPAIR CONTRACTS (§§ 4-88-901 — 4-88-905) › Section 4-88-903 - Notice of cancellation

Before signing a residential real estate repair contract with an insured, a residential contractor shall furnish to the insured:
(1)
The following statement in at least 10-point boldface type, the following:
"You may cancel this residential real estate repair contract at any time within three (3) business days after you have received written notification from your insurer that all or any part of the claim or residential real estate repair contract is not a covered loss under the insurance policy. See attached notice of cancellation form for an explanation of this right."; and
(2)
A fully completed form in duplicate, captioned "NOTICE OF CANCELLATION", that is attached to the residential real estate repair contract for repairs to residential real estate, that is easily detachable, and contains the following in at least 10-point boldface type:
"NOTICE OF CANCELLATION
(Enter date of transaction)
If you are notified by your insurer that all or any part of the claim or residential real estate repair contract is not a covered loss under the insurance policy, you may cancel the residential real estate repair contract by mailing or delivering a signed and dated copy of this cancellation notice or another written notice to (name of residential contractor) at (address of residential contractor's place of business) at any time within three (3) business days after you have received such notice from your insurer. If you cancel, any payments made under the residential real estate repair contract except for certain emergency services already performed by the residential contractor will be returned to you within ten (10) business days following receipt by the residential contractor of your cancellation notice.
I CANCEL THIS TRANSACTION
_______________________
(DATE)
_______________________
(INSURED'S SIGNATURE)."
Added by Act 2013, No. 1360,§ 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 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 9 - UNFAIR PRACTICES RELATED TO RESIDENTIAL REAL ESTATE REPAIR CONTRACTS (§§ 4-88-901 — 4-88-905) › Section 4-88-904 - Commencement of work - Cancellation

(a)
A residential contractor in a residential real estate repair contract with an insured shall not commence work until the insured's right to cancel under subsection (b) of this section has expired.
(b)
A person who has entered into a residential real estate repair contract with a residential contractor may cancel the residential real estate repair contract within three (3) business days after the insured has received written notice from the insurer in response to an insurance claim filed that all or any part of the claim or residential real estate repair contract is not a covered loss under the insurance policy.
(c)
(1)
The insured cancels the residential real estate repair contract by giving written notice of cancellation to the residential contractor in person or by mailing it to the address stated in the residential real estate repair contract.
(2)
If the notice of cancellation is given by mail, it is effective upon deposit of the notice into the United States mail, postage prepaid, and properly addressed to the residential contractor.
(3)
The notice of cancellation is not required to be in a particular form and is sufficient if it expresses in writing an intention of the insured not to be bound by the residential real estate repair contract.
(d)
(1)
Within ten (10) days after cancellation of a residential real estate repair contract, the residential contractor shall tender to the insured any payments, partial payments, or deposits made and any note or other evidence of indebtedness.
(2)
If the residential contractor has performed any emergency services, the residential contractor is entitled to the reasonable value of such emergency services.
(e)
Any provision in a residential real estate repair contract that requires the payment of a fee for anything except emergency services is not enforceable against the insured that has cancelled a residential real estate repair contract under this section.
Added by Act 2013, No. 1360,§ 1, eff. 8/16/2013.