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 97 - RETAIL PET STORES (§§ 4-97-101 — 4-97-109) › Section 4-97-104 - Registration required

(a)
(1)
Any person who owns, operates, or establishes a retail pet store within the State of Arkansas shall register, by reporting in writing to the Secretary of the Department of Health:
(A)
The name of the retail pet store;
(B)
The location of each housing facility for animals owned by it, or in its care, custody, or control;
(C)
The name and address of its principal agent; and
(D)
The date its operation began.
(2)
The report shall reflect the name and position of the individual under whose direction it is prepared and shall be made under oath before a notary public.
(b)
Each registration shall be valid for a period of one (1) year. On or before the anniversary date of the original registration, reregistration shall be required, except that if at any time prior to the required reregistration date the information originally reported to the secretary changes or requires additions, that fact shall be reported to the secretary without delay.
(c)
(1)
A retail pet store in operation on or before April 10, 1991, shall register within ninety (90) days after April 10, 1991.
(2)
A retail pet store which begins operation within ninety (90) days after April 10, 1991, shall register within thirty (30) days after the beginning of operation.
(3)
A retail pet store which begins operation subsequent to ninety (90) days after April 10, 1991, shall register at least thirty (30) days prior to the beginning of operation.
(4)
The date of the first acquisition of an animal for retail sale shall be deemed the date on which the operation begins.
(d)
A fee of one hundred dollars ($100) shall accompany the initial registration, and a fee of fifty dollars ($50.00) shall accompany each subsequent reregistration. No fee shall be required for interim reports of change or addition.
(e)
Each instance of failure to register or report as required by this chapter is a Class A misdemeanor.
(f)
(1)
The secretary shall maintain a list of registered retail pet stores containing all information reported with the initial registration, including the date thereof, and the dates and information provided with all subsequent amendments and reregistrations.
(2)
The secretary shall make the list of registered retail pet stores available to the public, upon request, at no charge.
Acts 1991, No. 1225, § 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 97 - RETAIL PET STORES (§§ 4-97-101 — 4-97-109) › Section 4-97-106 - Public health - Enforcement

The State Board of Health may propose, adopt, promulgate, and enforce, in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., such additional rules and standards as may be necessary to carry out the intent of this chapter.
Amended by Act 2019, No. 315,§ 138, eff. 7/24/2019.
Acts 1991, No. 1225, § 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 97 - RETAIL PET STORES (§§ 4-97-101 — 4-97-109) › Section 4-97-107 - Unlawful disposition of animals

(a)
It is unlawful for a retail pet store to knowingly give, sell, exchange, barter, or otherwise transfer an animal to any other person if the ultimate destination of the animal is research or killing for dissection.
(b)
It is unlawful for a retail pet store to kill any animal in its care, custody, or control without a prior written or oral recommendation from a doctor of veterinary medicine citing the animal's interest justifying the killing of the animal.
(c)
It is unlawful for a retail pet store, its owners, officers, agents, operator, manager, or employees, or any other person, to kill any animal in its care, custody, or control by any means other than euthanasia as defined in §
4-97-103
.
(d)
A violation of this chapter or a rule promulgated hereunder shall constitute a Class A misdemeanor.
Amended by Act 2019, No. 315,§ 139, eff. 7/24/2019.
Acts 1991, No. 1225, § 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 97 - RETAIL PET STORES (§§ 4-97-101 — 4-97-109) › Section 4-97-108 - Inspection - Public notice

(a)
Any authorized person is entitled to inspect the premises and records of a retail pet store at reasonable hours.
(b)
Retail pet stores shall make their premises available for inspection by authorized persons at reasonable hours.
(c)
Each failure to make premises or records available to an authorized person whose identity is made known to an owner, officer, agent, operator, manager, or employee of a retail pet store is a Class A misdemeanor.
(d)
(1)
(A)
Every retail pet store required to be registered shall post a public notice on each of its premises, in type not less than one inch (1") in height, in a location conspicuous to the public, that complaints regarding treatment or care of its animals may be made to the State Board of Health or to any law enforcement officer.
(B)
The public notice shall refer to this chapter.
(2)
Failure to post the public notice is a Class A misdemeanor.
(e)
Within thirty (30) days of the receipt by the Secretary of the Department of Health of an initial registration report, and the receipt of proper fees therefor, the secretary shall provide a public notice conforming with subsection (d) of this section to the registrant. Additional public notices for multiple locations and replacements of notices already provided may be obtained from the secretary upon the payment of a fee of ten dollars ($10.00) for each additional public notice.
Acts 1991, No. 1225, § 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 97 - RETAIL PET STORES (§§ 4-97-101 — 4-97-109) › Section 4-97-109 - Applicability to other laws - Preemption

(a)
Except as provided in subsection (b) of this section, this chapter shall not be construed to prevent or limit the application of any other law.
(b)
A local government shall not pass an ordinance, resolution, or regulation that prohibits a retail pet store from:
(1)
Acquiring an animal from a:
(A)
Cattery;
(B)
Kennel; or
(C)
Dealer as defined in
7 U.S.C. § 2132
, as it existed on January 1, 2023; or
(2)
Selling an animal that is acquired from a cattery, kennel, or dealer as defined in
7 U.S.C. § 2132
, as it existed on January 1, 2023, to a person.
(c)
An ordinance, resolution, or regulation of a local government shall be rendered invalid if it is found to be in conflict with the language set out within this section.
Amended by Act 2023, No. 730,§ 2, eff. 8/1/2023.
Acts 1991, No. 1225, § 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 98 - ARKANSAS PAY-PER-CALL CONSUMER PROTECTION ACT (§§ 4-98-101 — 4-98-105) › Section 4-98-101 - Title

This chapter shall be known and may be cited as the "Arkansas Pay-Per-Call Consumer Protection Act".
Acts 1993, No. 203, § 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 98 - ARKANSAS PAY-PER-CALL CONSUMER PROTECTION ACT (§§ 4-98-101 — 4-98-105) › Section 4-98-102 - Definitions

For the purposes of this chapter, unless the context otherwise requires:
(1)
"Information provider" means any person, company, or corporation that controls the content of a pay-per-call service. Any telephone corporation that provides basic local exchange service or message telecommunication service which only transmits pay-per-call service but which does not control the content of the information transmitted is not included within this definition; and
(2)
"Pay-per-call service" means any telecommunications service which permits calling by a 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 the transmission of the call.
Acts 1993, No. 203, § 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 98 - ARKANSAS PAY-PER-CALL CONSUMER PROTECTION ACT (§§ 4-98-101 — 4-98-105) › Section 4-98-103 - Information and disclosure message

(a)
(1)
An information provider that offers pay-per-call services in this state shall provide a minimum of twelve (12) seconds of delayed timing for an information and disclosure message which shall be reasonable in speed so as to be clearly understandable.
(2)
A three-second period of silence shall follow the information and disclosure message.
(3)
If the consumer disconnects the call within the delayed timing period, or within three (3) seconds after the delayed timing period, no information charge shall be billed to the caller.
(4)
If the delayed timing period is exceeded, a consumer shall be billed from the time of the initial connection, and transport charges shall be billed to the information provider from the time of the initial connection.
(5)
During the delayed timing period, the information provider shall inform the consumer of all of the following:
(A)
An accurate description of the service that will be provided to the caller;
(B)
An accurate summation of the cost of the service including, but not limited to, all of the following:
(i)
The initial flat rate charge, if any;
(ii)
The charge per minute, if any; and
(iii)
The maximum charge per call;
(C)
That, if the caller disconnects the call within the delayed timing period, the consumer will not be charged for the call; and
(D)
Before the end of the delayed timing period, that the billing will commence after a specified event following the disclosure message, such as a signal tone.
(b)
Any information charges and price disclosure message associated with a pay-per-call service that is aimed at or likely to be of interest to children under the age of eighteen (18) years must contain a statement that the caller should hang up unless he or she has parental permission.
(c)
(1)
A caller may be provided the means to bypass the information and disclosure message on subsequent calls, provided that the caller has sole control of that capability, except that any bypass device shall be disabled for a period of thirty (30) days following the effective date of a price increase for the service.
(2)
Instructions on how to bypass must be either at the end of the preamble message or at the end of the service.
(d)
When an information provider's pay-per-call service results in a total potential cost of two dollars ($2.00) or less, or if the call is being provided for polling services, asynchronous or computerized data transmission technology, or political fundraising, the provisions of this section shall not apply.
Acts 1993, No. 203, § 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 98 - ARKANSAS PAY-PER-CALL CONSUMER PROTECTION ACT (§§ 4-98-101 — 4-98-105) › Section 4-98-104 - Advertisement requirements

Any information provider offering pay-per-call service shall utilize advertising that accurately describes the message content, terms, conditions, and price of the offered service in a clear and understandable manner in all print, broadcast, or telephone advertising and announcements promoting its offers, including:
(1)
The per-call charges, or, if the call is billed on a usage-sensitive basis, the rates by minute or other unit of time, any minimum charges, and the total cost for calls to that service if the duration of the service can be determined;
(2)
Any geographic, time-of-day, or other limitations on the availability of the offer;
(3)
A requirement that callers under eighteen (18) years of age must request parental or adult guardian permission before calling to hear the offer;
(4)
Display of the charges in broadcast advertising with the telephone numbers and a voice announcement of the charges during the course of the commercials;
(5)
Repeated voice announcements of these charges at regular intervals for commercials in excess of two (2) minutes; and
(6)
Charges for all subsequent calls if the program refers to and requires another pay per call.
Acts 1993, No. 203, § 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 98 - ARKANSAS PAY-PER-CALL CONSUMER PROTECTION ACT (§§ 4-98-101 — 4-98-105) › Section 4-98-105 - Remedies

(a)
(1)
Any consumer injured by a violation of this chapter may bring an action for the recovery of damages.
(2)
Judgment may be entered for three (3) times the amount at which the actual damages are assessed, plus costs and reasonable attorney's fees.
(b)
(1)
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.
(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 him or her for the enforcement of this chapter.
(c)
(1)
No private action may be brought under the provisions of this chapter more than two (2) years after the cause of action accrues.
(2)
A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of this chapter knows or in the exercise of reasonable care should have known about the violation of the provisions of this chapter.
Acts 1993, No. 203, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-101 - Legislative finding, declaration, and intent

(a)
The General Assembly recognizes that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities has created numerous problems for purchasers and investors which are inimical to good business practices. Telephonic sales have a significant impact upon the economy and well-being of this state and its local communities. However, purchasers have suffered substantial losses because of misrepresentations, lack of full and complete information regarding both the telephonic seller and the goods and investments the telephonic seller is offering, and failure of delivery. The provisions of this chapter relating to telephonic sellers are necessary for the public welfare.
(b)
It is the intent of the legislature in enacting this chapter to:
(1)
Provide each prospective telephonic sales purchaser with information necessary to make an intelligent decision regarding the offer made;
(2)
Safeguard the public against deceit and financial hardship;
(3)
Ensure, foster, and encourage competition and fair dealings among telephonic sellers by requiring adequate disclosure; and
(4)
Prohibit representations that tend to mislead.
Acts 1993, No. 137, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-102 - Construction

This chapter shall be construed liberally in order to achieve these purposes.
Acts 1993, No. 137, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-106 - Exemption information - Requirements

(a)
A person claiming an exemption from registration as provided by this chapter shall keep full and accurate records in a form that will enable the person to provide to the Secretary of State or the Attorney General upon request the information required to substantiate an exemption under this chapter.
(b)
The information provided under this section shall be verified by a declaration signed under penalty of perjury by each principal of the person claiming exemption.
Amended by Act 2017, No. 728,§ 4, eff. 1/1/2018.
Acts 1993, No. 137, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-107 - Bond requirement - Promotions - Notice prior to inception

(a)
(1)
A telephonic seller shall maintain a bond issued by a surety company authorized to do business in this state.
(2)
The bond shall be in the amount of fifty thousand dollars ($50,000) in favor of the State of Arkansas for the benefit of a person suffering injury or loss by reason of a violation of this chapter, to be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of a violation of this chapter.
(3)
A copy of the bond shall be filed with the Secretary of State.
(b)
(1)
At least ten (10) days before the inception of a promotion offering a premium with an actual market value or advertised value of five hundred dollars ($500) or more, the telephonic seller shall notify the Secretary of State in writing of the details of the promotion, describing the premium, its current market value, the value at which it is advertised or held out to the consumer, the date the premium shall be awarded, and the conditions under which the award shall be made.
(2)
(A)
(i)
The telephonic seller shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient.
(ii)
A copy of the bond shall be filed with the Secretary of State.
(B)
The bond or portion thereof necessary to cover the cost of the award shall be forfeited if the premium is not awarded to a bona fide customer within thirty (30) days of the date disclosed as the time of award or other time required by law.
(C)
A person suffering injury or loss by reason of any violation of this chapter shall be paid the proceeds of the bond, or shall be paid under the terms of any order of a court of competent jurisdiction obtained by the Attorney General or prosecuting attorney as a result of any violation of this chapter.
(D)
The bond shall be maintained until the seller files with the Secretary of State proof that the premium was awarded.
Amended by Act 2017, No. 728,§ 5, eff. 1/1/2018.
Acts 1993, No. 137, § 13.
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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-108 - Information to be provided each prospective purchaser

(a)
If the telephonic seller represents or implies that a prospective purchaser will receive, without charge therefor, certain specific items, or one (1) item from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes, awards, or otherwise, the seller shall provide, at the time the solicitation is made and prior to consummation of any sales transaction, the following:
(1)
The manner in which the telephonic seller decides which item or items a particular prospective purchaser is to receive;
(2)
The odds a single prospective purchaser has of receiving each described item;
(3)
All state rules, federal rules or regulations, terms, and conditions a prospective purchaser must meet in order to receive the item;
(4)
The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller's principal location; and
(5)
The total number of individuals who have actually received from the telephonic seller, during the preceding twelve (12) months or, if the seller has not been in business that long, during the period the seller has been in business, the item having the greatest value and the item with the smallest odds of being received.
(b)
No seller shall make or authorize the making of any reference to its compliance with this chapter to any prospective or actual purchaser.
(c)
(1)
A person making or transmitting a telephone solicitation shall not display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service.
(2)
Subdivision (c)(1) of this section does not apply to the transmission of a caller identification service by a telecommunications provider that complies with §
23-17-122
.
Amended by Act 2019, No. 315,§ 141, eff. 7/24/2019.
Amended by Act 2019, No. 677,§ 4, eff. 7/24/2019.
Acts 1993, No. 137, §§ 7, 9; 2003, No. 1465, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-109 - Irrevocable consent appointing Secretary of State to act as seller's attorney to receive service - Conditions of effective service

(a)
A telephonic seller shall file with the Secretary of State, in the form prescribed by the Secretary of State, an irrevocable consent appointing the Secretary of State to act as the seller's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the seller or the seller's successor, executor, or administrator, that may arise under this chapter, when the agent designated in the seller's registration filing cannot with reasonable diligence be found at the address designated or if no agent has been designated pursuant thereto.
(b)
When service is made upon the Secretary of State in conformance with this section, it has the same force and validity as if served personally on the seller.
(c)
Service may be made by leaving a copy of the process with the Secretary of State, but service is not effective until both of the following are done:
(1)
When service is effected under this section, the plaintiff shall forthwith send by certified first class mail, return receipt requested, a notice of the service and a copy of the process to the defendant or respondent at the last address on file with the Secretary of State; and
(2)
The plaintiff's affidavit of compliance with this section shall be filed in the case on or before the return date of the process, if any, or within such further time as the court allows.
Amended by Act 2017, No. 728,§ 6, eff. 1/1/2018.
Acts 1993, No. 137, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-110 - Soliciting prospective purchasers on behalf of unregistered telephonic seller prohibited - Violation

(a)
(1)
A salesperson shall not solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the Secretary of State under this chapter.
(2)
A salesperson who violates this section shall be guilty of a Class A misdemeanor.
(b)
Except as provided in subdivision (a)(1) of this section, any person, including without limitation the seller, a salesperson, agent or representative of the seller, or an independent contractor, who willfully violates a provision of this chapter or who directly or indirectly employs a device, scheme, or artifice to deceive in connection with the offer or sale by a telephonic seller, or who willfully, directly or indirectly, engages in any act, practice, or course of business that operates or would operate as fraud or deceit upon a person in connection with a sale by a telephonic seller shall be, upon conviction, guilty of a Class D felony.
(c)
(1)
A person who controls a seller liable under this section, or a salesperson liable under subdivision (a)(1) of this section, every partner, officer, or director of such a seller or salesperson, a person occupying a similar status or performing a similar function, and an employee of such a seller or salesperson who materially aids in the sale or attempted sale are also liable jointly and severally with and to the same extent as the seller or salesperson, unless the nonseller or nonsalesperson who is so liable sustains the burden of proof that he or she did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which the liability is alleged to exist.
(2)
There is contribution as in cases of contract among the several persons so liable.
Amended by Act 2017, No. 728,§ 7, eff. 1/1/2018.
Acts 1993, No. 137, §§ 10, 11.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-111 - Remedies provided for violation of provisions of this chapter not exclusive - Rights of Attorney General

(a)
The provisions of this chapter are not exclusive. The remedies specified in this chapter for violation of any section of this chapter or for conduct proscribed by any section of this chapter shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
(b)
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 the Attorney General for the enforcement of this chapter.
Acts 1993, No. 137, § 12.
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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 1 - GENERAL PROVISIONS (§§ 4-99-101 — 4-99-112) › Section 4-99-112 - Burden of proving an exemption or exception

In any civil proceeding alleging a violation of this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it, and in any criminal proceeding alleging a violation of this chapter, the burden of producing evidence to support a defense based upon an exemption or an exception from a definition is upon the person claiming it.
Acts 1993, No. 137, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 2 - RESIDENTIAL SALES AND SOLICITATIONS (§§ 4-99-201 — 4-99-203) › Section 4-99-201 - Caller identification - Information offered - Penalty for violation - Definition

(a)
(1)
Any person who on behalf of any charity, business, or organization calls a residential phone number for the purpose of soliciting or requesting a contribution or to offer goods or services shall immediately disclose to the person contacted:
(A)
The caller's identity and the identity of the person or organization on whose behalf the telephone call is being made; and
(B)
The purpose of the telephone call, including a brief description of the goods or services to be offered.
(2)
If the person receiving the telephone call indicates that he or she does not want to hear about the charity, goods, or services, the caller shall not attempt to provide additional information during that conversation about the charity, goods, or services.
(b)
A violation of this section shall be a Class A misdemeanor.
(c)
(1)
A violation of the provisions of this section shall constitute an unfair and 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 section.
(3)
(A)
No person under subdivision (a)(1) of this section shall display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service.
(B)
For purposes of this section, "caller identification service" means a service offered by a telecommunications provider that provides caller identification information to a device capable of displaying the information.
(d)
Nothing in this section limits the rights or remedies which are otherwise available to a consumer under any other law.
(e)
The obligations under this section are cumulative and should in no way be deemed to limit the obligations imposed under any other law.
Acts 1997, No. 1157, § 1; 2003, No. 1465, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 2 - RESIDENTIAL SALES AND SOLICITATIONS (§§ 4-99-201 — 4-99-203) › Section 4-99-202 - Collection practices

(a)
(1)
No person who calls a residential telephone number for the purpose of offering merchandise for sale shall dispatch a courier or other individual to the residence to collect payment before the consumer has inspected the merchandise.
(2)
It shall be unlawful for any person who calls a residential telephone number for the purpose of offering a prize to a consumer to dispatch a courier or other individual to the consumer's home for the purpose of collecting any fees or costs of any kind from the consumer.
(b)
A violation of this section shall be a Class A misdemeanor.
(c)
(1)
A violation of the provisions of this section shall constitute an unfair and 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 section.
(d)
Nothing in this section limits the rights or remedies which are otherwise available to the consumer under any other law.
(e)
The obligations under this section are cumulative and should in no way be deemed to limit the obligations imposed under any other law.
Acts 1999, No. 566, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 2 - RESIDENTIAL SALES AND SOLICITATIONS (§§ 4-99-201 — 4-99-203) › Section 4-99-203 - Consumer's express written authorization required - Definition

(a)
(1)
For the purposes of this section, "telemarketer" means any person who initiates telephone calls to, or who receives telephone calls from, a consumer in connection with a plan, program, or campaign to market goods and services.
(2)
The term "telemarketer" does not include a federally insured depository institution or its subsidiary when it obtains or submits for payment a check, draft, or other form of negotiable instrument drawn on or debited against a person's checking, savings, share, or other depository account at that institution.
(b)
(1)
It shall be unlawful for any telemarketer as defined in subsection (a) of this section to obtain or submit for payment a check, draft, or other form of negotiable instrument drawn on a person's checking, savings, share, or other depository account without the consumer's express written authorization.
(2)
For the purpose of this section, a check bearing the valid signature of the consumer shall constitute the consumer's express written authorization.
(c)
(1)
A violation of the provisions of this section shall constitute an unfair and 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 section.
(d)
Nothing in this section limits the rights or remedies which are otherwise available to a consumer under any other law.
(e)
The obligations under this section are cumulative and should in no way be deemed to limit the obligations under any other law.
Acts 1999, No. 1512, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 3 - CALLER IDENTIFICATION BLOCKING BY TELEPHONIC SELLERS (§§ 4-99-301 — 4-99-303) › Section 4-99-301 - Definitions

For the purpose of this subchapter:
(1)
"Caller identification service" means a service offered by a telecommunications utility that provides caller identification information to a device capable of displaying the information;
(2)
"Charitable organization" means any charitable organization as that term is defined by §
4-28-401
;
(3)
"Consumer" means any person to whom has been assigned in the State of Arkansas any telephone line and corresponding telephone number;
(4)
"Per call blocking" means a telecommunications service that prevents the transmission of caller identification information to a called party on an individual call if the calling party acts affirmatively to prevent the transmission of the caller identification information;
(5)
"Per line blocking" means a telecommunications service that prevents the transmission of caller identification to a called party on every call unless the calling party acts affirmatively to release the caller identification information;
(6)
"Person" means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity; and
(7)
"Telephone solicitation" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of or investment in property, goods, or services or the initiation of a telephone call or message for the purpose of encouraging a charitable contribution by or on behalf of any charitable organization, which telephone call or message is transmitted to any consumer.
Acts 1999, No. 1361, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 3 - CALLER IDENTIFICATION BLOCKING BY TELEPHONIC SELLERS (§§ 4-99-301 — 4-99-303) › Section 4-99-302 - Prohibition

(a)
It is a violation of this subchapter for any person to make or transmit a telephone solicitation while using any method, including, but not limited to, per call blocking or per line blocking, that prevents caller identification information for the telephone solicitor's lines used to make telephone calls to a consumer from being shown by a device capable of displaying caller identification information.
(b)
(1)
It is a violation of this subchapter for a person making or transmitting a telephone solicitation by any method to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service.
(2)
Subdivision (b)(1) of this section does not apply to the transmission of a caller identification service by a telecommunications provider that complies with §
23-17-122
.
Amended by Act 2019, No. 677,§ 5, eff. 7/24/2019.
Acts 1999, No. 1361, § 1; 2003, No. 1465, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 3 - CALLER IDENTIFICATION BLOCKING BY TELEPHONIC SELLERS (§§ 4-99-301 — 4-99-303) › Section 4-99-303 - Penalties - Remedies - 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 in §
4-88-101
et seq. pertaining to deceptive trade practices.
(b)
(1)
All remedies, penalties, and authority granted to the Attorney General under §
4-88-101
et seq. shall be available to the Attorney General for 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,§ 142, eff. 7/24/2019.
Acts 1999, No. 1361, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 4 - ARKANSAS CONSUMER TELEPHONE PRIVACY ACT (§§ 4-99-401 — 4-99-408) › Section 4-99-401 - Short title

This subchapter shall be known as the "Arkansas Consumer Telephone Privacy Act".
Acts 1999, No. 1465, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 4 - ARKANSAS CONSUMER TELEPHONE PRIVACY ACT (§§ 4-99-401 — 4-99-408) › Section 4-99-402 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
The use of the telephone to market goods and services to the home and to other businesses is now pervasive due to the increased use of cost-effective telemarketing techniques;
(2)
Unrestricted telemarketing, however, can be an intrusive invasion of privacy;
(3)
Many consumers are outraged over the proliferation of intrusive nuisance calls to their homes from telemarketers;
(4)
In addition, the proliferation of unsolicited telemarketing calls, especially during the evening hours, creates a disturbance upon the home and family life of Arkansas consumers during a time of day used by many families for traditional family activities;
(5)
In addition, some consumers maintain telephone service primarily for emergency medical situations, and unrestricted telemarketing calls to these consumers may create a health and safety risk for these consumers;
(6)
Individuals' privacy rights, public safety interests, and commercial freedom of speech and trade must be balanced in a way that protects the privacy of individuals and permits legitimate telemarketing practices; and
(7)
(A)
(i)
Many consumers enjoy and benefit from unsolicited telemarketing contacts from legitimate telemarketers.
(ii)
However, other consumers object to these contacts as an invasion of an individual's right of privacy and have expressed an intention to refuse to respond to such telemarketing contacts.
(B)
Thus, even legitimate telemarketers have no further legitimate interest in continuing to invade the privacy of those consumers who have affirmatively expressed their objections to such contact and, in fact, legitimate telemarketers can make their telemarketing efforts even more cost-effective by avoiding calling those consumers who have affirmatively expressed an objection to any such contact.
(b)
The General Assembly intends that this subchapter protect the privacy of Arkansas consumers who have affirmatively expressed an objection to unsolicited telephone solicitations, and the General Assembly intends that this subchapter be liberally construed to effectuate that goal.
Acts 1999, No. 1465, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 4 - ARKANSAS CONSUMER TELEPHONE PRIVACY ACT (§§ 4-99-401 — 4-99-408) › Section 4-99-404 - Statewide database

The Attorney General shall:
(1)
Establish and thereafter operate a single statewide database composed of a list of telephone numbers of consumers who object to receiving telephone solicitations;
(2)
(A)
Specify the methods by which the objections to telephone solicitations shall be collected and added to the database.
(B)
(i)
Any consumer wishing to be placed in the database may notify the Attorney General and be placed in the database upon receipt by the Attorney General of an application and any initial listing charge which shall not exceed ten dollars ($10.00).
(ii)
The listing shall be renewed by the Attorney General annually for each consumer upon the receipt of a renewal notice and any annual assessment not to exceed five dollars ($5.00).
(C)
(i)
The database may include Arkansas consumers who have registered for the national "Do-Not-Call" registry established and maintained by the Federal Trade Commission pursuant to
16 C.F.R. § 310.4
, as in effect on March 1, 2003.
(ii)
The Attorney General may:
(a)
Periodically obtain from the Federal Trade Commission the information necessary to add these Arkansas consumers to the database maintained by the Attorney General; and
(b)
Provide to the Federal Trade Commission access to the state database so that those Arkansas consumers who have signed up for the state database can also be included in the national Do-Not-Call registry;
(3)
Specify the methods, if any, by which the objections may be withdrawn from the database;
(4)
Specify the methods by which any person desiring to make or transmit telephone solicitations may obtain access to the database as required to avoid calling the telephone numbers of the consumers included in the database;
(5)
Specify the methods, if any, for recovering the costs involved in identifying, collecting, updating, and disseminating the database and for other activities related to the Attorney General's duties under this subchapter; and
(6)
Specify the frequency with which the database will be updated and specify the method by which the updating will take effect for the purposes of compliance with this subchapter, allowing no fewer than ten (10) calendar days for affected persons to update their databases after the Attorney General's database has been updated.
Acts 1999, No. 1465, § 4; 2003, No. 1042, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 4 - ARKANSAS CONSUMER TELEPHONE PRIVACY ACT (§§ 4-99-401 — 4-99-408) › Section 4-99-405 - Prohibitions

It shall be a violation of this subchapter for any person to:
(1)
Make or transmit a telephone solicitation to the telephone number of any consumer included in the then-current database maintained by the Attorney General pursuant to this subchapter;
(2)
Make or transmit a telephone solicitation without having first accessed, in the manner specified by the Attorney General, the then-current database maintained by the Attorney General pursuant to this subchapter; or
(3)
Make or transmit a telephone solicitation if that telephone solicitation violates the Federal Trade Commission Do-Not-Call rule set out in
16 C.F.R. § 310.4
, as in effect on March 1, 2003.
Acts 1999, No. 1465, § 5; 2003, No. 1042, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 4 - ARKANSAS CONSUMER TELEPHONE PRIVACY ACT (§§ 4-99-401 — 4-99-408) › Section 4-99-406 - Applicability of subchapter

The provisions of this subchapter shall not apply to:
(1)
Any person who is a licensee, as defined by §
17-42-103(8)(A)
, who is a resident of the State of Arkansas and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent, or leasing real estate in accordance with the provisions for which he or she was licensed and not in conjunction with any other offer;
(2)
Any motor vehicle dealer, as that term is defined in §
23-112-103
, who is a resident of the State of Arkansas, and who maintains a current motor vehicle dealer's license issued by the Arkansas Motor Vehicle Commission, whose call to the consumer is for the sole purpose of selling, offering to sell, soliciting, or advertising the sale of motor vehicles in accordance with the provisions for which they were licensed and not in conjunction with any other offer;
(3)
Any agent, as that term is defined in §
23-64-102(1)
, who maintains a current license as an insurance agent whose call to the consumer is for the purpose of soliciting, consulting, advising, or adjusting in the business of insurance;
(4)
Any broker-dealer, agent, or investment advisor registered by the Securities Commissioner pursuant to the provisions of §
23-42-301
et seq., whose telephone call to the consumer is for the purpose of effecting or attempting to effect the purchase or sale of securities or has the purpose of providing or seeking to provide investment or financial advice;
(5)
Any person calling on behalf of a charitable organization as that term is defined in §
4-99-403
, whose call to the consumer is for the sole purpose of soliciting for the charitable organization and who receives no compensation as a result of his or her solicitation activities on behalf of the charitable organization;
(6)
Any person calling on behalf of a newspaper of general circulation whose call to the consumer is for the purpose of soliciting a subscription to the newspaper from the consumer or soliciting advertising from the consumer;
(7)
(A)
Telephone calls made on behalf of any federally chartered or state-chartered bank if the call to the consumer relates to banking services other than credit card offers.
(B)
In no event shall the telephone calls made pursuant to this subdivision (7) of this section reference any form of credit card offer; and
(8)
Telephone calls made on behalf of a funeral establishment properly licensed pursuant to §
17-29-301
et seq., if the purpose of the telephone call relates to services provided by the funeral establishment in its ordinary course of business.
Acts 1999, No. 1465, § 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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 4 - ARKANSAS CONSUMER TELEPHONE PRIVACY ACT (§§ 4-99-401 — 4-99-408) › Section 4-99-407 - Enforcement by Attorney General

(a)
Any violation by any person of the prohibitions set out in §
4-99-405
shall constitute an unfair or deceptive act or practice as defined by §
4-88-101
et seq. of the Deceptive Trade Practices Act.
(b)
All authority granted to the Attorney General and all remedies available to the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq., shall be granted to and available to the Attorney General for the enforcement of this subchapter after the time period referred to in §
4-99-404(6)
has been provided for affected persons to update their databases.
Acts 1999, No. 1465, § 7.