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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-203 - Definitions

As used in this subchapter:
(1)
"ASTM" means the ASTM International, a national voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge;
(2)
"Automotive lubricants" means any material interposed between two (2) surfaces that reduces the friction or wear between them;
(3)
"Board" means the State Plant Board;
(4)
"Director" means the Director of the State Plant Board and its designated agents;
(5)
"Engine fuel" means any liquid or gaseous matter used for the generation of power in an internal combustion engine;
(6)
(A)
"Engine fuel designed for special use" means engine fuels designated by the director as requiring registration.
(B)
(i)
These fuels normally have no ASTM International or other national consensus standards applying to their quality or usability.
(ii)
Common special fuels are racing fuels and those intended for agricultural and other off-road applications;
(7)
"Person" means an individual, corporation, company, society, association, partnership, or governmental entity;
(8)
"Petroleum products" means products obtained from distilling and processing of petroleum, crude oil, unfinished oils, recycled oils, natural gas liquids, refinery blend stocks, and other miscellaneous hydrocarbon compounds; and
(9)
"Sold" means kept, offered, or exposed for sale, or sold.
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-204 - Administration - Adoption of standards - Rules

(a)
The provisions of this subchapter shall be administered by the Director of the State Plant Board.
(b)
(1)
(A)
For the purpose of administering and giving effect to the provisions of this subchapter, the State Plant Board may adopt the specification and test method standards set forth in both the most recent edition of the National Institute of Standards and Technology Handbook 130 and the most recent edition of the Annual Book of ASTM Standards and supplements thereto, and revisions thereof.
(B)
When no ASTM International standard exists, other generally recognized national consensus standards may be used.
(2)
The board is empowered to write rules on the advertising, posting of prices, labeling, standards for, and identity of fuels, petroleum products, and automotive lubricants and is authorized to establish a testing laboratory.
Amended by Act 2019, No. 315,§ 144, eff. 7/24/2019.
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-205 - State Petroleum Products Division - General duties and powers

(a)
There is hereby created a State Petroleum Products Division located for administrative purposes within the Arkansas Bureau of Standards.
(b)
The State Plant Board shall have the authority to:
(1)
Enforce and administer all the provisions of this subchapter by inspections, analyses, and other appropriate actions;
(2)
(A)
(i)
Have access during normal business hours to all places where engine fuels, petroleum products, and automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation.
(ii)
As used in subdivision (b)(2)(A)(i) of this section, "engine fuels" does not include aviation fuel.
(B)
If a representative of the board is denied access by the owner or agent or other persons leasing the place where engine fuels, petroleum products, or automotive lubricants are kept, transferred, offered, exposed for sale, or sold for the purpose of examination, inspection, taking of samples, and investigation, the Director of the State Plant Board may obtain an administrative search warrant from a court of competent jurisdiction;
(3)
(A)
Collect, or cause to be collected, samples of engine fuels, petroleum products, and automotive lubricants marketed in this state, and cause the samples to be tested or analyzed for compliance with the provisions of this subchapter.
(B)
As used in subdivision (b)(3)(A) of this section, "engine fuels" does not include aviation fuel;
(4)
(A)
Define engine fuels for special use and refuse, revoke, suspend, or issue a stop-order if an engine fuel for special use is found not to be in compliance with this subchapter and remand a stop-order if the engine fuel for special use is brought into full compliance with this subchapter.
(B)
As used in subdivision (b)(4)(A) of this section, "engine fuels" does not include aviation fuel;
(5)
(A)
Issue a stop-sale order for any engine fuel, petroleum product, and automotive lubricant found not to be in compliance with this subchapter and remand the stop-sale order if the engine fuel, petroleum product, or automotive lubricant is brought into full compliance with this subchapter.
(B)
As used in subdivision (b)(5)(A) of this section, "engine fuel" does not include aviation fuel;
(6)
(A)
Refuse, revoke, or suspend the registration of an engine fuel, petroleum product, or automotive lubricant.
(B)
As used in subdivision (b)(6)(A) of this section, "engine fuel" does not include aviation fuel; and
(7)
Delegate to appropriate personnel any of these responsibilities for the proper administration of this subchapter.
Amended by Act 2019, No. 606,§ 1, eff. 7/24/2019.
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-206 - Registration of engine fuels designed for special use

(a)
All engine fuels designed for special use must be registered with the State Plant Board.
(b)
Such registration shall include the:
(1)
Name, brand, or trademark under which the fuel will be sold;
(2)
Name and address of the person registering the engine fuel;
(3)
Special use for which the engine fuel is designed; and
(4)
Certification, declaration, or affidavit stating the specifications which the fuel will meet upon testing.
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-207 - Prohibited acts

It shall be unlawful to:
(1)
Represent engine fuels, petroleum products, or automotive lubricants in any manner that may deceive or tend to deceive the purchaser as to the nature, brand, price, quantity, or quality of the products;
(2)
Fail to register an engine fuel designed for special use;
(3)
Submit incorrect, misleading, or false information regarding the registration of an engine fuel designed for special use;
(4)
Hinder or obstruct the State Plant Board in the performance of its duties;
(5)
Represent an engine fuel, petroleum product, or automotive lubricant that is contrary to the provisions of this subchapter; and
(6)
Represent automotive lubricants with a SAE International viscosity grade or American Petroleum Institute service classification other than those specified by the intended purchaser.
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-208 - Civil penalties

(a)
(1)
Any person who by himself or herself, by his or her servant or agent, or as the servant or agent of another person, commits any of the acts enumerated in §
4-108-207
may be assessed by the State Plant Board a civil penalty of:
(A)
Not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for a first violation;
(B)
Not less than four hundred dollars ($400) nor more than six hundred dollars ($600) for a second violation within three (3) years after the date of the first violation; and
(C)
Not less than seven hundred dollars ($700) nor more than one thousand dollars ($1,000) for a third violation within three (3) years after the date of the first violation.
(2)
For a violation to be considered as a second or subsequent offense, it must be a repeat of a violation as enumerated in §
4-108-207
.
(b)
(1)
Any person subject to a civil penalty shall have a right to request an administrative hearing within ten (10) calendar days after receipt of the notice of the penalty.
(2)
The board or a subcommittee of the board shall be authorized to conduct the hearing after giving appropriate notice to the respondent.
(3)
The decision of the board shall be subject to appropriate judicial review under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(c)
(1)
If the respondent has exhausted his or her administrative appeals and the civil penalty has been upheld, he or she shall pay the civil penalty within twenty (20) calendar days after the effective date of the final decision.
(2)
If the respondent fails to pay the penalty, a civil action may be brought by the director in any court of competent jurisdiction to recover the penalty.
(3)
Any civil penalty collected under this section shall be transmitted to the Plant Board Fund.
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-209 - Criminal penalties

Any person who intentionally violates any provision of this subchapter or rules promulgated thereto shall be guilty of a Class A misdemeanor.
Amended by Act 2019, No. 315,§ 145, eff. 7/24/2019.
Acts 2001, No. 586, § 9.
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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-210 - Restraining order and injunction

The Director of the State Plant Board is authorized to apply to any court of competent jurisdiction for a restraining order or a temporary or permanent injunction restraining any person from violating any provision of this subchapter.
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-211 - Title

This subchapter shall be known and may be cited as the "Engine Fuels, Petroleum Products, and Automotive Lubricants Inspection Act of 2001".
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-212 - Rules

(a)
The State Plant Board may by rule adopted pursuant to the Arkansas Administrative Procedure Act, §
25-15-201
et seq., adopt as a rule of the Arkansas Bureau of Standards specifications, tolerances, and regulations for engine fuels, petroleum products, and automotive lubricants set out in National Institute of Standards and Technology Handbook 130, or in any similar publication issued by the National Institute of Standards and Technology.
(b)
In drafting the rules, the bureau shall consider whether the specifications, tolerances, and regulations published by the National Institute of Standards and Technology are consistent with the needs of Arkansas businesses and consumers and may modify, amend, or delete suggested language found in the National Institute of Standards and Technology handbooks.
Amended by Act 2019, No. 315,§ 146, eff. 7/24/2019.
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-213 - Rules to be unaffected by repeal of prior enabling statute

The adoption of this subchapter or any of its provisions shall not affect any rules promulgated pursuant to the authority of any earlier enabling statute unless inconsistent with this subchapter or modified or revoked by the State Plant Board.
Amended by Act 2019, No. 315,§ 147, eff. 7/24/2019.
Acts 2001, No. 586, § 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 109 - USE OF "NOTARIO" AND SIMILAR TERMS (§§ 4-109-101 — 4-109-105) › Section 4-109-101 - Definitions

As used in this chapter:
(1)
"Notary public" means a person duly appointed or commissioned under §
21-14-101
;
(2)
"Person" means:
(A)
(i)
An individual;
(ii)
An organization;
(iii)
An association;
(iv)
A partnership;
(v)
A limited liability company; or
(vi)
A corporation; or
(B)
Any combination of them; and
(3)
"Practice of law" means:
(A)
Holding oneself out to the public as being entitled to practice law;
(B)
Tendering or furnishing legal services or advice;
(C)
Furnishing attorneys or counsel;
(D)
Rendering legal services of any kind in actions or proceedings of any nature or in any other way or manner;
(E)
Acting as if or in any other manner assuming to be entitled to practice law; or
(F)
Advertising or assuming the title of lawyer or attorney, attorney at law, or equivalent terms in any language in such a manner as to convey the impression that one is entitled to practice law or to furnish legal advice, service, or counsel.
Acts 2005, No. 66, § 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 109 - USE OF "NOTARIO" AND SIMILAR TERMS (§§ 4-109-101 — 4-109-105) › Section 4-109-102 - Prohibited acts and practices

It is a violation of this chapter for any person to advertise his or her services using the terms "notario " or "notario publico", or any similar term, unless the person is a notary public as defined in this subchapter and the person complies with the notice requirements in §
4-109-103
.
Acts 2005, No. 66, § 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 109 - USE OF "NOTARIO" AND SIMILAR TERMS (§§ 4-109-101 — 4-109-105) › Section 4-109-103 - Notice required

(a)
Any notary public who chooses to use the term "notario" or "notario publico", or any similar terms, in any advertisement shall include in the advertisement the following notice:
"I AM NOT A LICENSED ATTORNEY AND CANNOT ENGAGE IN THE PRACTICE OF LAW. I AM NOT A REPRESENTATIVE OF ANY GOVERNMENTAL AGENCY WITH AUTHORITY OVER IMMIGRATION OR CITIZENSHIP AND I CANNOT OFFER LEGAL ADVICE OR OTHER ASSISTANCE REGARDING IMMIGRATION."
(b)
The notice shall be provided in both English and Spanish.
Acts 2005, No. 66, § 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 109 - USE OF "NOTARIO" AND SIMILAR TERMS (§§ 4-109-101 — 4-109-105) › Section 4-109-104 - Exceptions

This chapter does not apply to an attorney licensed in this state.
Acts 2005, No. 66, § 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 109 - USE OF "NOTARIO" AND SIMILAR TERMS (§§ 4-109-101 — 4-109-105) › Section 4-109-105 - Enforcement

A violation of this chapter is an unconscionable or deceptive act or practice, as defined by the Deceptive Trade Practices Act, §
4-88-101
et seq.
Acts 2005, No. 66, § 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 110 - PERSONAL INFORMATION PROTECTION ACT (§§ 4-110-101 — 4-110-108) › Section 4-110-101 - Short title

This chapter shall be known and cited as the "Personal Information Protection Act".
Acts 2005, No. 1526, § 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 110 - PERSONAL INFORMATION PROTECTION ACT (§§ 4-110-101 — 4-110-108) › Section 4-110-102 - Findings and purpose

(a)
It is the intent of the General Assembly to ensure that sensitive personal information about Arkansas residents is protected.
(b)
To that end, the purpose of this chapter is to encourage individuals, businesses, and state agencies that acquire, own, or license personal information about the citizens of the State of Arkansas to provide reasonable security for the information.
Acts 2005, No. 1526, § 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 110 - PERSONAL INFORMATION PROTECTION ACT (§§ 4-110-101 — 4-110-108) › Section 4-110-104 - Protection of personal information

(a)
A person or business shall take all reasonable steps to destroy or arrange for the destruction of a customer's records within its custody or control containing personal information that is no longer to be retained by the person or business by shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any means.
(b)
A person or business that acquires, owns, or licenses personal information about an Arkansas resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.
Acts 2005, No. 1526, § 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 110 - PERSONAL INFORMATION PROTECTION ACT (§§ 4-110-101 — 4-110-108) › Section 4-110-106 - Exemptions

(a)
(1)
The provisions of this chapter do not apply to a person or business that is regulated by a state or federal law that provides greater protection to personal information and at least as thorough disclosure requirements for breaches of the security of personal information than that provided by this chapter.
(2)
Compliance with the state or federal law shall be deemed compliance with this chapter with regard to the subjects covered by this chapter.
(b)
This section does not relieve a person or business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information.
Acts 2005, No. 1526, § 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 110 - PERSONAL INFORMATION PROTECTION ACT (§§ 4-110-101 — 4-110-108) › Section 4-110-107 - Waiver

Any waiver of a provision of this chapter is contrary to public policy, void, and unenforceable.
Acts 2005, No. 1526, § 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 110 - PERSONAL INFORMATION PROTECTION ACT (§§ 4-110-101 — 4-110-108) › Section 4-110-108 - Penalties

Any violation of this chapter is punishable by action of the Attorney General under the provisions of §
4-88-101
et seq.
Acts 2005, No. 1526, § 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 111 - CONSUMER PROTECTION AGAINST COMPUTER SPYWARE ACT (§§ 4-111-101 — 4-111-105) › Section 4-111-101 - Short title

This chapter shall be known and cited as the "Consumer Protection Against Computer Spyware Act".
Acts 2005, No. 2255, § 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 111 - CONSUMER PROTECTION AGAINST COMPUTER SPYWARE ACT (§§ 4-111-101 — 4-111-105) › Section 4-111-104 - Penalties

Any violation of this chapter is punishable by action of the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq.
Acts 2005, No. 2255, § 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 111 - CONSUMER PROTECTION AGAINST COMPUTER SPYWARE ACT (§§ 4-111-101 — 4-111-105) › Section 4-111-105 - Use of Spyware Monitoring Fund

(a)
All fines and penalties collected under §
4-111-104
shall be paid to the Treasurer of State for the benefit of the Spyware Monitoring Fund to be used by the Attorney General to:
(1)
Investigate potential violations and enforce the provisions of this subchapter; and
(2)
Establish and maintain a website to:
(A)
Provide information concerning:
(i)
The availability of computer software to combat spyware; and
(ii)
False representations about the effectiveness of specific antispyware software;
(B)
Promote consumer awareness about spyware, antispyware, and computer fraud;
(C)
Educate consumers about:
(i)
Spyware, computer fraud, and the effects of spyware and computer fraud upon consumer privacy and computer systems; and
(ii)
How to access or obtain computer software to combat spyware; and
(D)
Provide consumers with links to antispyware websites with helpful information.
(b)
The Attorney General is authorized to request an appropriation from the fund to offset his or her salary and administrative expenses directly related to the enforcement of this subchapter and the administration of the website.
Acts 2005, No. 2255, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-101 - Title

This chapter shall be known and may be cited as the "Arkansas Consumer Report Security Freeze Act".
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-102 - Definitions

As used in this chapter:
(1)
"Consumer" means an individual;
(2)
"Consumer report" means the same as defined in
15 U.S.C. § 1681a(d)
as it existed on January 1, 2009;
(3)
"Consumer reporting agency" means the same as defined in
15 U.S.C. § 1681a(f)
as it existed on January 1, 2009;
(4)
"Credit report" means a consumer report that a consumer reporting agency furnishes to a person that it has reason to believe intends to use the consumer report as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes;
(5)
"Proper identification" means the same as defined in
15 U.S.C. § 1681h(a)(1)
as it existed on January 1, 2009;
(6)
"Security freeze" means a notice placed in a credit report of a consumer at the request of the consumer that prohibits a consumer reporting agency from releasing the credit report or credit score of the consumer in response to a request to open a new account or to extend credit; and
(7)
(A)
"Victim of identity theft" means a consumer who supplies to a consumer reporting agency in conjunction with a request for a security freeze a copy of a valid investigative report, an incident report, or a complaint with a law enforcement agency alleging the unlawful use of the consumer's identifying information by another person.
(B)
The copy of the valid investigative report, the incident report, or the complaint with a law enforcement agency may be transmitted to the consumer reporting agency by mail or secure electronic connection or secure electronic mail connection if the connection is made available by the consumer reporting agency.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-103 - Placement of security freeze

(a)
A consumer may request that a security freeze be placed on his or her consumer report by:
(1)
Sending his or her request in writing by mail to a consumer reporting agency;
(2)
Telephoning his or her request to a consumer reporting agency and providing over the telephone proper identification or certain personal identification information required by the consumer reporting agency; or
(3)
Electronically forwarding his or her request to a consumer reporting agency through a secure electronic connection or a secure electronic mail connection if the connection is made available by the consumer reporting agency.
(b)
A consumer reporting agency shall place a security freeze on a credit report of a consumer no later than three (3) business days after receiving from the consumer:
(1)
A request as provided in subsection (a) of this section;
(2)
Proper identification; and
(3)
Payment of the required fee, if applicable.
(c)
Within five (5) business days of the receipt of the information and any applicable fees under subsection (b) of this section, the consumer reporting agency shall:
(1)
Send a written confirmation of the placement of the security freeze to the consumer; and
(2)
Provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his or her credit report for a specific period of time.
(d)
At the time a consumer requests a security freeze, the consumer reporting agency shall disclose the process:
(1)
Of placing a security freeze and temporarily lifting a security freeze; and
(2)
For allowing access to information from the credit report of the consumer for a period of time while the security freeze is in place.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-105 - Removal of security freeze

(a)
A consumer reporting agency shall remove or temporarily lift a security freeze placed on the credit report of a consumer in the following cases:
(1)
Upon the consumer's request under §
4-112-104
or §
4-112-106
; or
(2)
If the credit report of the consumer was frozen due to a material misrepresentation of fact by the consumer.
(b)
If a consumer reporting agency intends to remove a security freeze upon a credit report of a consumer and is not doing so at the request of the consumer, the consumer reporting agency shall notify the consumer in writing at least three (3) business days before removing the security freeze on the credit report of the consumer.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-106 - Consumer request for removal of security freeze

(a)
(1)
A security freeze shall remain in place until the consumer requests that the security freeze be removed using a method of contact designated by the consumer reporting agency.
(2)
A consumer reporting agency shall remove a security freeze within three (3) business days of receiving a request for removal under subdivision (a)(1) of this section from a consumer who provides with the request:
(A)
Proper identification; and
(B)
The unique personal identification number or password provided by the consumer reporting agency under §
4-112-103(c)(2)
.
(b)
A consumer reporting agency shall require proper identification of the consumer making a request to place or remove a security freeze.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-107 - Exceptions

(a)
This chapter does not apply to the use of a credit report by any of the following:
(1)
(A)
A person or an entity, or a subsidiary, an affiliate, or an agent of that person or entity, or an assignee of a financial obligation owed by the consumer to that person or entity, or a prospective assignee of a financial obligation owed by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or a contract including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owed for the account, contract, or negotiable instrument.
(B)
As used in this subdivision (a)(1), "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements;
(2)
A subsidiary, an affiliate, an agent, an assignee, or a prospective assignee of a person or an entity to which access has been granted for purposes of facilitating the extension of credit or other permissible use;
(3)
A state or local agency, law enforcement agency, trial court, or private collection agency acting under a court order, warrant, or subpoena;
(4)
A child support agency acting under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq., as it existed on January 1, 2009;
(5)
The state or its agents or assigns acting to investigate fraud or acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other constitutional or statutory responsibilities if such responsibilities are consistent with a permissible purpose under
15 U.S.C. § 1681b
, as it existed on January 1, 2009;
(6)
The use of credit information used for purposes permitted under
15 U.S.C. § 1681b(c)
, as it existed on January 1, 2009;
(7)
Any person or entity administering a credit file monitoring subscription or similar service to which the consumer has subscribed;
(8)
Any person or entity for the purpose of providing a consumer with a copy of his or her credit report or credit score upon the request of the consumer;
(9)
Any person using the information in connection with the business of insurance; or
(10)
A consumer reporting agency for its database or file that is used for one (1) or more of the following:
(A)
Maintaining criminal records;
(B)
Fraud prevention or detection;
(C)
Maintaining personal loss history information; or
(D)
Employment, tenant, or individual background screening.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-108 - Permissible fees - Exception

(a)
Except as provided in subsection (b) of this section, a consumer reporting agency may charge a consumer a fee of no more than five dollars ($5.00) for the:
(1)
Initial placement of a security freeze;
(2)
Removal of a security freeze; or
(3)
Temporary lifting of a security freeze for a period of time.
(b)
A consumer reporting agency shall not charge a fee for the initial placement of a security freeze if requested by a consumer who is:
(1)
At least sixty-five (65) years of age; or
(2)
A victim of identity theft.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-109 - Written confirmation

(a)
If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within thirty (30) days of posting the change to the file of the consumer:
(1)
Name;
(2)
Date of birth;
(3)
Social Security number; and
(4)
Address.
(b)
(1)
Written confirmation is not required for technical modifications of official information of a consumer, including name and street abbreviations, complete spellings, or the transposition of numbers or letters.
(2)
In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-110 - Entities not required to place security freeze

The following entities are not required to place a security freeze on a credit report:
(1)
(A)
A consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies and does not maintain a permanent database of credit information from which new credit reports are produced.
(B)
However, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a credit report by another consumer reporting agency;
(2)
A check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; or
(3)
A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automatic teller machine abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-112 - Civil action

(a)
Any person or entity that willfully fails to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of:
(1)
Any actual damages sustained by the consumer; and
(2)
In the case of any successful action to enforce any liability under this chapter, the costs of the action together with reasonable attorney's fees as determined by the court.
(b)
Any person or entity that obtains a credit report, requests a security freeze, or requests the temporary lift of a security freeze or the removal of a security freeze from a consumer reporting agency under false pretenses or in an attempt to violate federal or state law is liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or one thousand dollars ($1,000), whichever is greater.
(c)
Any person or entity that is negligent in failing to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of:
(1)
Any actual damages sustained by the consumer as a result of the failure; and
(2)
In the case of any successful action to enforce any liability under this chapter, the costs of the action together with reasonable attorney's fees as determined by the court.
(d)
Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this chapter was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party reasonable attorney's fees in relation to the work expended in responding to the pleading, motion, or other paper.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-113 - Enforcement - Penalties - Remedies

(a)
A violation of this chapter constitutes an unfair act or practice or a deceptive act or practice under §
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 chapter.
(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.
Acts 2007, No. 391, § 1; 2009, No. 223, § 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 112 - ARKANSAS CONSUMER REPORT SECURITY FREEZE ACT (§§ 4-112-101 — 4-112-114) › Section 4-112-114 - No prohibition on advising third party that security freeze is in effect

This chapter does not prohibit a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the credit report of a consumer.
Acts 2009, No. 223, § 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 113 - CONNECT ARKANSAS BROADBAND PROGRAM (§§ 4-113-101 — 4-113-106) › Section 4-113-101 - [Repealed]

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019.
Acts 2007, No. 604, § 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 113 - CONNECT ARKANSAS BROADBAND PROGRAM (§§ 4-113-101 — 4-113-106) › Section 4-113-102 - [Repealed]

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019.
Acts 2007, No. 604, § 1; 2009, No. 947, § 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 113 - CONNECT ARKANSAS BROADBAND PROGRAM (§§ 4-113-101 — 4-113-106) › Section 4-113-103 - [Repealed]

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019.
Repealed by Act 2017, No. 426,§ 1, eff. 8/1/2017.
Amended by Act 2015EX1, No. 8,§ 63, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 63, eff. 7/1/2015.
Acts 2007, No. 604, § 1; 2009, No. 947, § 2; 2011, No. 719, § 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 113 - CONNECT ARKANSAS BROADBAND PROGRAM (§§ 4-113-101 — 4-113-106) › Section 4-113-104 - [Repealed]

Amended by Act 2019, No. 910,§ 130, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 129, eff. 7/1/2019.
Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019.
Amended by Act 2015EX1, No. 8,§ 64, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 64, eff. 7/1/2015.
Acts 2007, No. 604, § 1; 2009, No. 947, § 3; 2011, No. 599, § 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 113 - CONNECT ARKANSAS BROADBAND PROGRAM (§§ 4-113-101 — 4-113-106) › Section 4-113-105 - [Repealed]

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019.
Repealed by Act 2017, No. 426,§ 2, eff. 8/1/2017.
Acts 2007, No. 604, § 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 113 - CONNECT ARKANSAS BROADBAND PROGRAM (§§ 4-113-101 — 4-113-106) › Section 4-113-106 - [Repealed]

Repealed by Act 2019, No. 1091,§ 1, eff. 7/24/2019.
Acts 2009, No. 947, § 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 114 - SERVICE CONTRACTS ACT (§§ 4-114-101 — 4-114-112) › Section 4-114-101 - Title

This chapter shall be known and may be cited as the "Service Contracts Act".
Acts 2007, No. 656, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 114 - SERVICE CONTRACTS ACT (§§ 4-114-101 — 4-114-112) › Section 4-114-102 - Scope and purpose

(a)
The purpose of this chapter is to:
(1)
Create a legal framework within which service contracts are defined, may be sold, and are regulated in this state;
(2)
Add significant consumer protections; and
(3)
Eliminate unnecessary administration.
(b)
A service contract under §
4-114-103
is not insurance and is not subject to the Arkansas Insurance Code.
(c)
This chapter does not apply to:
(1)
Warranties;
(2)
Maintenance agreements;
(3)
Commercial transactions;
(4)
A person or entity or the affiliate of a person or entity licensed or certificated by the Arkansas Public Service Commission or the Federal Communications Commission with respect to warranties, service contracts, or maintenance agreements covering wiring, transmission devices, equipment, or services offered or provided by the person, entity, or affiliate to its customers;
(5)
Service contracts sold or offered for sale to persons other than consumers;
(6)
Motor vehicle service contracts as defined in and regulated pursuant to the Motor Vehicle Service Contract Act, §
4-90-501
et seq.; or
(7)
Mechanical breakdown insurance.
(d)
Manufacturer's service contracts on the manufacturer's products are subject only to §§
4-114-106(a)
,
4-114-106(d)
-(g),
4-114-107
, and
4-114-111
.
(e)
Other than mechanical breakdown insurance, the types of agreements referred to in subsections (c) and (d) of this section and service contracts governed under this chapter are not insurance and are not subject to compliance with any provision of the insurance laws of this state.
Acts 2007, No. 656, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 114 - SERVICE CONTRACTS ACT (§§ 4-114-101 — 4-114-112) › Section 4-114-105 - Required disclosures - Reimbursement insurance policy

(a)
Reimbursement insurance policies insuring service contracts issued, sold, or offered for sale in this state shall state that the insurer that issued the reimbursement insurance policy shall:
(1)
Reimburse or pay on behalf of the provider any covered sums the provider is legally obligated to pay; or
(2)
In the event of the provider's nonperformance, shall provide the service that the provider is legally obligated to perform according to the provider's contractual obligations under the service contracts issued or sold by the provider.
(b)
In the event covered service is not provided by the provider within sixty (60) days of proof of loss by the service contract holder, the service contract holder is entitled to apply directly to the reimbursement insurance company.
Acts 2007, No. 656, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 114 - SERVICE CONTRACTS ACT (§§ 4-114-101 — 4-114-112) › Section 4-114-107 - Prohibited acts

(a)
(1)
A provider shall not use a name:
(A)
With the words "insurance", "casualty", "surety", "mutual", or any other words descriptive of the insurance, casualty, or surety business; or
(B)
Deceptively similar to the name or description of any insurance or surety corporation or any other provider.
(2)
(A)
This subsection shall not apply to a company that was using any of the prohibited language in its name prior to October 1, 2007.
(B)
However, a company using the prohibited language in its name shall conspicuously disclose in its service contracts that the service contract is not an insurance contract.
(b)
A provider or its representative shall not in its service contracts or literature make or permit or cause to be made any false or misleading statement or deliberately omit any material statement that would be considered misleading if omitted in connection with the sale, offer to sell, or advertisement of a service contract.
(c)
A person, including without limitation a bank, savings and loan association, lending institution, manufacturer, or seller of any product shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.
Acts 2007, No. 656, § 1.