reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 9 - UNFAIR PRACTICES RELATED TO RESIDENTIAL REAL ESTATE REPAIR CONTRACTS (§§ 4-88-901 — 4-88-905) › Section 4-88-905 - Violations

(a)
A violation of this subchapter by a residential contractor is an unfair and deceptive act or practice as defined by this chapter.
(b)
This subchapter does not prohibit an insured that is harmed by a deceptive trade practice from commencing a civil action against a residential contractor.
Added by Act 2013, No. 1360,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 10 - PATIENT RIGHTS REGARDING PAYMENT FOR PHARMACISTS SERVICES ACT (§§ 4-88-1001 — 4-88-1005) › Section 4-88-1001 - Title

This subchapter shall be known and may be cited as the "Patient Rights Regarding Payment for Pharmacists Services Act".
Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 10 - PATIENT RIGHTS REGARDING PAYMENT FOR PHARMACISTS SERVICES ACT (§§ 4-88-1001 — 4-88-1005) › Section 4-88-1002 - Definitions

As used in this subchapter:
(1)
"Pharmacist" means a licensed pharmacist as defined in §
17-92-101
;
(2)
"Pharmacists services" means products, goods, or services provided as a part of the practice of pharmacy as defined in §
17-92-101
, to individuals who reside or are employed in this state;
(3)
"Pharmacy" means the same as defined in §
17-92-101
;
(4)
"Pharmacy benefits manager" means an entity that administers or manages a pharmacy benefits plan or program;
(5)
"Pharmacy benefits plan or program" means any plan or program that pays for, reimburses, covers the cost of, or otherwise provides for pharmacists services to individuals who reside or are employed in this state;
(6)
"Provider choice" means an individual's choice of provider network, individual pharmacy or pharmacist, or method of delivery under a pharmacy benefits plan or program; and
(7)
"Provider network" means a network of pharmacists or pharmacies that are authorized by a pharmacy benefits plan or program to provide pharmacists services.
Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 10 - PATIENT RIGHTS REGARDING PAYMENT FOR PHARMACISTS SERVICES ACT (§§ 4-88-1001 — 4-88-1005) › Section 4-88-1003 - Change in choice of provider without express consent - Prohibited

(a)
When an individual's consent to altering or changing provider choice is required, the individual's express consent to effect such change within the pharmacy benefits plan or program provider network shall be obtained.
(b)
An alteration or change in provider choice that is subject to an individual's later opting out of the alteration or change does not satisfy subsection (a) of this section.
Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 10 - PATIENT RIGHTS REGARDING PAYMENT FOR PHARMACISTS SERVICES ACT (§§ 4-88-1001 — 4-88-1005) › Section 4-88-1004 - Limitation - Patient payment

An individual shall not be required to make a payment for pharmacists services in an amount greater than the pharmacist or pharmacy providing the pharmacists services may retain from all payment sources.
Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 10 - PATIENT RIGHTS REGARDING PAYMENT FOR PHARMACISTS SERVICES ACT (§§ 4-88-1001 — 4-88-1005) › Section 4-88-1005 - Enforcement

The Insurance Commissioner shall:
(1)
Enforce this subchapter using powers granted to the commissioner in the Arkansas Insurance Code; and
(2)
Be entitled to seek an injunction against a pharmacy benefits manager in a court of competent jurisdiction.
Added by Act 2015, No. 1025,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 11 - CUSTOMER PROTECTIONS FOR NET-METERING CUSTOMERS ACT (§§ 4-88-1101 — 4-88-1104) › Section 4-88-1101 - Title

This subchapter shall be known and may be cited as the "Customer Protections for Net-metering Customers Act".
Added by Act 2023, No. 278,§ 2, eff. 3/13/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 11 - CUSTOMER PROTECTIONS FOR NET-METERING CUSTOMERS ACT (§§ 4-88-1101 — 4-88-1104) › Section 4-88-1102 - Definitions

As used in this subchapter:
(1)
"Net-metering customer" has the same meaning as defined in the Arkansas Cost-Shifting Prevention Act of 2023, §
23-18-601
et seq.; and
(2)
"Net-metering facility" has the same meaning as defined in the Arkansas Cost-Shifting Prevention Act of 2023, §
23-18-601
et seq.
Added by Act 2023, No. 278,§ 2, eff. 3/13/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 11 - CUSTOMER PROTECTIONS FOR NET-METERING CUSTOMERS ACT (§§ 4-88-1101 — 4-88-1104) › Section 4-88-1104 - Enforcement

Any violation of this subchapter may be enforced under the powers of the office of the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq., including without limitation all enforcement powers.
Added by Act 2023, No. 278,§ 2, eff. 3/13/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 12 - EVENT TICKETING AND RESALE CONSUMER PROTECTION ACT (§§ 4-88-1201 — 4-88-1206) › Section 4-88-1201 - Title

This subchapter shall be known and may be cited as the "Event Ticketing and Resale Consumer Protection Act".
Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 12 - EVENT TICKETING AND RESALE CONSUMER PROTECTION ACT (§§ 4-88-1201 — 4-88-1206) › Section 4-88-1204 - Ticket sale requirements - Refunds

(a)
An individual who is in the business of selling or reselling tickets to an event or venue in this state or an organization, group, association, partnership, or corporation that sells or resells a ticket to an event or venue in this state shall:
(1)
Guarantee that the consumer will receive his or her tickets in reasonable time for his or her event;
(2)
Guarantee that the purchased tickets will provide the consumer valid entry into the event or venue;
(3)
Maintain a telephone number, email address, live virtual support, provide a physical representative at the venue for the duration of the event or other evolving means of contact for complaints, customer service, and inquiries; and
(4)
(A)
Implement a standard refund policy that provides a consumer a full refund or comparable replacement ticket if:
(i)
The ticket received by the consumer is counterfeit;
(ii)
The ticket has been cancelled by the ticket issuer for nonpayment by the original consumer, or for any reason other than an act or omission of the consumer;
(iii)
The ticket fails to conform to the description provided by the ticket issuer or reseller;
(iv)
The ticket was not delivered to the consumer before the occurrence of the event, unless the failure of delivery was due to an act or omission of the consumer; or
(v)
The ticket does not provide the consumer admission to the event or venue for which it was purchased.
(B)
The refund under subdivision (a)(4)(A) of this section shall include the full order value paid by the consumer for the ticket, in addition to all fees charged in connection with that purchase, including without limitation download fees, delivery fees, shipping fees, and sales taxes.
(b)
If an event is cancelled and not rescheduled, a consumer is entitled to a refund as provided in subdivision (a)(4)(A) of this section from the ticket issuer, ticketing platform, or reseller from which he or she directly purchased the ticket.
(c)
(1)
It is a violation of the Deceptive Trade Practices Act, §
4-88-101
et seq., if a ticket issuer, ticketing platform, or reseller fails to refund according to subdivision (a)(4)(A) of this section.
(2)
All available remedies are actionable for a violation of subdivision (c)(1) of this section under §
4-88-107
of the Deceptive Trade Practices Act, §
4-88-101
et seq.
Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 12 - EVENT TICKETING AND RESALE CONSUMER PROTECTION ACT (§§ 4-88-1201 — 4-88-1206) › Section 4-88-1205 - Counterfeits - Criminal penalties

(a)
An individual, organization, group, association, partnership, or corporation that counterfeits, forges, alters, clones, or possesses a ticket, card, wristband, or other medium that accesses or is associated with a ticket, or a ticket, token, or paper designed for admission to or the rendering of services by an event or venue offering services to the general public, with the intent to defraud the event or venue, commits a Class A misdemeanor.
(b)
An individual, organization, group, association, partnership, or corporation that commits a second or subsequent violation of subsection (a) of this section commits a Class D felony.
Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 12 - EVENT TICKETING AND RESALE CONSUMER PROTECTION ACT (§§ 4-88-1201 — 4-88-1206) › Section 4-88-1206 - Violations

(a)
(1)
An individual, organization, group, association, partnership, or corporation violating this subchapter is guilty of a violation.
(2)
Upon conviction, an individual, organization, group, association, partnership, or corporation shall be fined in a sum not less than one hundred dollars ($100) nor greater than five hundred dollars ($500).
(b)
Every sale or resale, or offer for sale or resale, that violates this subchapter is a separate actionable offense.
(c)
An institution of higher education and its officers, agents, employees, volunteers, designees, and affiliated entities shall not be held criminally or civilly liable for a violation of this subchapter.
(d)
This subchapter shall not be construed as a waiver of any immunity available under state law or its instrumentalities, officers, agents, employees, or volunteers.
Added by Act 2023, No. 590,§ 1, eff. 4/11/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 13 - PROTECTION OF MINORS FROM DISTRIBUTION OF HARMFUL MATERIAL ACT (§§ 4-88-1301 — 4-88-1305) › Section 4-88-1301 - Title

This subchapter shall be known and may be cited as the "Protection of Minors from Distribution of Harmful Material Act".
Added by Act 2023, No. 612,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 13 - PROTECTION OF MINORS FROM DISTRIBUTION OF HARMFUL MATERIAL ACT (§§ 4-88-1301 — 4-88-1305) › Section 4-88-1302 - Legislative findings and intent

(a)
The General Assembly finds that:
(1)
Pornography is creating a public health crisis and is a corroding influence on minors;
(2)
Due to advances in technology, the widespread availability of the internet, and limited age verification requirements, minors are exposed to pornography at too early of an age;
(3)
Pornography contributes to the hyper-sexualization of minors; and
(4)
Pornography may:
(A)
Lead to:
(i)
Low self-esteem;
(ii)
Body image disorders;
(iii)
An increase in problematic sexual activity at younger ages;
(iv)
Increased desire among minors to engage in risky sexual behavior; and
(v)
Difficulty in forming or maintaining positive, intimate relationships;
(B)
Impact brain development and function;
(C)
Contribute to emotional and medical illnesses;
(D)
Shape deviant sexual arousal; and
(E)
Promote problematic or harmful sexual behaviors and addiction.
(b)
It is the intent of the General Assembly to provide a civil remedy for damages against commercial entities that distribute material harmful to minors.
Added by Act 2023, No. 612,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 13 - PROTECTION OF MINORS FROM DISTRIBUTION OF HARMFUL MATERIAL ACT (§§ 4-88-1301 — 4-88-1305) › Section 4-88-1304 - Reasonable age verification methods

(a)
A commercial entity shall use a reasonable age verification method before allowing access to a website that contains a substantial portion of material that is harmful to minors.
(b)
Reasonable age verification methods under subsection (a) of this section include providing:
(1)
A digitized identification card, including a digital copy of a driver's license under §
27-16-601
et seq.;
(2)
Government-issued identification; or
(3)
Any commercially reasonable age verification method that holds an Identity Assurance Level 2 (IAL2).
Added by Act 2023, No. 612,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 13 - PROTECTION OF MINORS FROM DISTRIBUTION OF HARMFUL MATERIAL ACT (§§ 4-88-1301 — 4-88-1305) › Section 4-88-1305 - Liability for publishers and distributors of material harmful to minors

(a)
(1)
A commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on the internet from a website that contains a substantial portion of material that is harmful to minors is liable if the commercial entity fails to perform reasonable age verification to verify the age of the individual attempting to access the material.
(2)
If a commercial entity or third-party vendor performs a reasonable age verification, the commercial entity shall not retain any identifying information of the individual after access to the material has been granted.
(b)
A commercial entity that violates this subchapter is liable to an individual for damages resulting from a minor accessing the material harmful to minors, including court costs and reasonable attorney's fees as ordered by the court.
(c)
A commercial entity that is found to have knowingly retained identifying information of an individual after access to the material has been granted is liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney's fees as ordered by the court.
(d)
This section does not:
(1)
Apply to a news or public interest broadcast, website video, report, or event;
(2)
Affect the rights of a news-gathering organization; or
(3)
Apply to cloud service providers.
(e)
An internet service provider, or any of its affiliates or subsidiaries or search engines shall not violate this subchapter solely by providing access or connection to or from a website or other information or content on the internet or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication that constitutes material that is harmful to minors.
Added by Act 2023, No. 612,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 14 - REGULATION OF SOCIAL MEDIA (§§ 4-88-1401 — 4-88-1404) › Section 4-88-1402 - Social media platforms - Reasonable age verification methods - Parental consent required

(a)
A social media company shall not permit an Arkansas user who is a minor to be an account holder on the social media company's social media platform unless the minor has the express consent of a parent or legal guardian.
(b)
(1)
A social media company shall verify the age of an account holder.
(2)
If an account holder is a minor, the social media company shall confirm that a minor has consent under subsection (a) of this section to become a new account holder, at the time an Arkansas user opens the account.
(c)
(1)
A social media company shall use a third-party vendor to perform reasonable age verification before allowing access to the social media company's social media platform.
(2)
Reasonable age verification methods under subdivision (c)(1) of this section include providing:
(A)
A digitized identification card, including a digital copy of a driver's license under §
27-16-601
et seq.;
(B)
Government-issued identification; or
(C)
Any commercially reasonable age verification method.
Added by Act 2023, No. 689,§ 1, eff. 9/1/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 14 - REGULATION OF SOCIAL MEDIA (§§ 4-88-1401 — 4-88-1404) › Section 4-88-1403 - Liability for social media companies

(a)
(1)
A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification.
(2)
If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted.
(b)
(1)
As authorized under §
4-88-103
, a prosecutor may initiate an enforcement action against a social media company that allegedly violates §
4-88-1402
.
(2)
As authorized under §
4-88-104
, the Attorney General may initiate an enforcement action against a social media company that allegedly commits a violation of §
4-88-1402
.
(c)
(1)
A social media company that violates this subchapter is liable to an individual for:
(A)
A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorney's fees as ordered by the court; or
(B)
Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorney's fees as ordered by the court.
(d)
This section does not:
(1)
Apply to a news or public interest broadcast, website video, report, or event;
(2)
Affect the rights of a news-gathering organization; or
(3)
Apply to cloud service providers.
(e)
An internet service provider, or any of its affiliates or subsidiaries, or search engines, shall not violate this subchapter solely by providing access, connection to or from a website, or other information or content on the internet, or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication on a social media platform.
Added by Act 2023, No. 689,§ 1, eff. 9/1/2023.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 14 - REGULATION OF SOCIAL MEDIA (§§ 4-88-1401 — 4-88-1404) › Section 4-88-1404 - Liability for commercial entity or third-party vendor

(a)
A commercial entity or third-party vendor shall not retain any identifying information of an individual after access to the social media platform has been granted.
(b)
A commercial entity that is found to have knowingly retained identifying information of an individual after access to the material is granted is liable to the individual for damages resulting from the retention of the identifying information, including court costs and reasonable attorney's fees as ordered by the court.
Added by Act 2023, No. 689,§ 1, eff. 9/1/2023.
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 89 - HOME SOLICITATION SALES (§§ 4-89-101 — 4-89-110) › Section 4-89-101 - Purpose

The purpose of this chapter is to promote the public welfare by regulating home solicitation sales so that the consumer shall not become a victim of deceptive sales practices.
Acts 1973, No. 462, § 1; A.S.A. 1947, § 70-914.
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 89 - HOME SOLICITATION SALES (§§ 4-89-101 — 4-89-110) › Section 4-89-103 - Contracts excepted from chapter

The provisions of this chapter shall not apply to a contract which is executed in connection with the making of emergency repairs or services which are necessary for the immediate protection of persons or real or personal property, or to sales made by a seller who makes seventy-five percent (75%) or more of its sales at its local appropriate trade premises, or to sales made pursuant to credit arrangements existing at the time of the sale.
Acts 1973, No. 462, § 8; A.S.A. 1947, § 70-921.
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 89 - HOME SOLICITATION SALES (§§ 4-89-101 — 4-89-110) › Section 4-89-104 - Penalties

Any person, firm, partnership, corporation, or other entity that knowingly and willfully commits a deceptive trade practice as defined in §
4-89-102(2)
shall be guilty of a Class A misdemeanor.
Acts 1973, No. 462, § 11; A.S.A. 1947, § 70-924; Acts 2005, No. 1994, § 343.
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 89 - HOME SOLICITATION SALES (§§ 4-89-101 — 4-89-110) › Section 4-89-105 - Damages

For a violation which is subject to the provisions of this chapter, the consumer shall recover from the persons violating this chapter an amount equal to:
(1)
Ten percent (10%) of the transaction total or one hundred dollars ($100), whichever is greater; and
(2)
The actual damages, including any incidental, consequential, and special damages sustained by the consumer as a result of the violation.
Acts 1973, No. 462, § 9; A.S.A. 1947, § 70-922.
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 89 - HOME SOLICITATION SALES (§§ 4-89-101 — 4-89-110) › Section 4-89-106 - Enforcement of chapter

(a)
(1)
Any home solicitation sale conducted in violation of this chapter 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 chapter.
(b)
The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this chapter.
(c)
Nothing in the provisions of this chapter shall prohibit the bringing of a civil action against a violator of this chapter by an individual harmed by a deceptive trade practice.
Acts 1973, No. 462, § 10; A.S.A. 1947, § 70-923; Acts 1995, No. 447, § 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 89 - HOME SOLICITATION SALES (§§ 4-89-101 — 4-89-110) › Section 4-89-107 - Buyer's right to cancel offer or contract

(a)
In addition to any other right to revoke an offer, the buyer has the absolute right to cancel a home solicitation contract or offer until midnight of the third calendar day, excluding Sundays and holidays as declared in §
1-5-101
, after the day on which the buyer signs an agreement.
(b)
Cancellation occurs when the buyer returns to the seller the notice of cancellation, the notice having been provided for the buyer by the seller. To further protect the consumer, it is suggested that the notice of cancellation be sent by registered mail.
Acts 1973, No. 462, § 3; A.S.A. 1947, § 70-916.
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 89 - HOME SOLICITATION SALES (§§ 4-89-101 — 4-89-110) › Section 4-89-109 - Return of payments and goods by seller

(a)
Within ten (10) days after a home solicitation contract or offer has been cancelled, the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
(b)
If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
(c)
Until the seller has complied with the obligations imposed by this section, the buyer may retain possession of goods delivered to him or her by the seller and has a lien on the goods for any recovery to which he or she is entitled.
Acts 1973, No. 462, § 5; A.S.A. 1947, § 70-918.
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 89 - HOME SOLICITATION SALES (§§ 4-89-101 — 4-89-110) › Section 4-89-110 - Return of goods by buyer - Buyer's duty

(a)
(1)
Within twenty (20) days after a home solicitation contract or offer has been cancelled, the buyer, upon demand, must tender to the seller any goods delivered by the seller pursuant to the sale or offer, but he or she is not obligated to tender at any place other than his or her own address.
(2)
If the seller fails to demand possession of goods within twenty (20) days after cancellation, the goods become the property of the buyer without obligation to pay for them.
(b)
(1)
The buyer has a duty to take reasonable care of the goods in his or her possession both prior to cancellation and during the twenty-day period following.
(2)
During the twenty-day period after cancellation, except for the buyer's duty of care, the goods are at the seller's risk.
Acts 1973, No. 462, § 6; A.S.A. 1947, § 70-919.
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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 2 - ODOMETER REGULATIONS (§§ 4-90-201 — 4-90-207) › Section 4-90-201 - Legislative intent and purpose

The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that buyers of motor vehicles rely heavily on the odometer reading as an index of the condition and value of a vehicle. The General Assembly further recognizes that buyers are entitled to rely on the odometer reading as an accurate indication of the mileage of the motor vehicle and that an accurate indication of the mileage assists a buyer in deciding on the safety and reliability of the vehicle. The purposes of this subchapter are to prohibit tampering with motor vehicle odometers and to provide safeguards to protect purchasers in the sale of motor vehicles with altered or reset odometers. It is the intent of the General Assembly that this subchapter incorporate certain provisions of newly codified federal law to supplement existing Arkansas law. To that end, any state rule or federal rule or regulation in effect under a law replaced by this subchapter continues in effect under the corresponding provision enacted by this subchapter until repealed, amended, or superseded. In addition, where no substantive change in law has occurred, an action taken or an offense committed under a law replaced by a section of this subchapter is deemed to have been taken or committed under the corresponding provision enacted by this subchapter.
Amended by Act 2019, No. 315,§ 132, eff. 7/24/2019.
Acts 1995, No. 795, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 2 - ODOMETER REGULATIONS (§§ 4-90-201 — 4-90-207) › Section 4-90-202 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Auction company" means a person taking possession of a motor vehicle owned by another to sell at an auction;
(2)
"Dealer" means a person that sold at least five (5) motor vehicles during the prior twelve (12) months to buyers that in good faith bought the vehicles other than for resale;
(3)
"Distributor" means a person that sold at least five (5) motor vehicles during the prior twelve (12) months for resale;
(4)
"Leased motor vehicle" means a motor vehicle leased to a person for at least four (4) months by a lessor that leased at least five (5) vehicles during the prior twelve (12) months;
(5)
"Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks, except snowmobiles and other devices designed and used primarily for the transportation of persons over natural terrain, snow, or ice and propelled by wheels, skis, tracks, runners, or whatever other means;
(6)
"Odometer" means an instrument for measuring and recording the distance a motor vehicle is driven, but does not include an auxiliary instrument designed to be reset by the operator of the vehicle to record the mileage of a trip;
(7)
"Person" means an individual, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity;
(8)
"Repair" and "replace" mean to restore to a sound working condition by replacing any part of an odometer or by correcting any inoperative part of an odometer;
(9)
"Title" means the certificate of title or other document issued by this state or another state and indicating ownership, and includes a manufacturer's statement or certificate of origin; and
(10)
"Transfer" means to change ownership by sale, gift, or other means.
Acts 1995, No. 795, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 2 - ODOMETER REGULATIONS (§§ 4-90-201 — 4-90-207) › Section 4-90-203 - Penalties and enforcement

(a)
(1)
(A)
When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, §
4-88-101
et seq.
(B)
All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq., shall be available to the Attorney General for the enforcement of this subchapter, including, but not limited to, an action to:
(i)
Enjoin the violation; and
(ii)
Recover:
(a)
Amounts for which the person is liable under §
4-90-207(a)
to each private person; and
(b)
Costs, investigative costs, and reasonable attorney's fees.
(2)
(A)
An action under this subsection may be brought in an appropriate court of competent jurisdiction in the county in which the person resides or transacts business or in the judicial district in which the state capital is located.
(B)
The action must be brought not later than five (5) years after the claim accrues.
(b)
(1)
Any person who is found to have violated this subchapter shall be guilty of a felony and imprisoned for not more than three (3) years and subject to a fine of not more than fifty thousand dollars ($50,000) for each violation.
(2)
If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly and willfully authorizes, orders, or performs an act in violation of this subchapter or a rule prescribed or order issued under this subchapter, without regard to penalties imposed on the corporation.
Amended by Act 2019, No. 315,§ 134, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 133, eff. 7/24/2019.
Acts 1995, No. 795, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 2 - ODOMETER REGULATIONS (§§ 4-90-201 — 4-90-207) › Section 4-90-204 - Preventing tampering

A person may not:
(1)
Advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage different from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer;
(2)
Disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;
(3)
With the intent to defraud, operate a motor vehicle on a public street, road, or highway, if the person knows that the odometer of the vehicle is disconnected or not operating; or
(4)
Conspire to violate any provision of this subchapter.
Acts 1995, No. 795, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 2 - ODOMETER REGULATIONS (§§ 4-90-201 — 4-90-207) › Section 4-90-205 - Service, repair, and replacement

(a)
(1)
A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair, or replacement.
(2)
If the mileage cannot remain the same:
(A)
The person shall adjust the odometer to zero; and
(B)
The owner of the vehicle or agent of the owner shall attach a written notice to the left door frame of the vehicle specifying the mileage before the service, repair, or replacement and the date of the service, repair, or replacement.
(b)
A person may not, with the intent to defraud, remove or alter a notice attached to a motor vehicle as required by this section.
Acts 1995, No. 795, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 2 - ODOMETER REGULATIONS (§§ 4-90-201 — 4-90-207) › Section 4-90-207 - Civil actions by private persons

(a)
(1)
A person who violates this subchapter or a rule prescribed under this subchapter with intent to defraud is liable for three (3) times the actual damages or one thousand five hundred dollars ($1,500), whichever is greater.
(2)
(A)
A person may bring a civil action to enforce a claim under this subsection in an appropriate court of competent jurisdiction.
(B)
The action must be brought not later than five (5) years after the claim accrues.
(C)
The court shall award costs and a reasonable attorney's fee to the person when a judgment is entered for that person.
(b)
Nothing in this subchapter, however, shall in any way limit any other statutory or common law rights, causes of actions, or remedies which are otherwise available to a person, including, but not limited to, actions for:
(1)
Breach of warranty;
(2)
Fraud;
(3)
Negligent misrepresentation;
(4)
Intentional misrepresentation;
(5)
Deceptive trade practices actions;
(6)
Rescission; or
(7)
Revocation of acceptance.
Amended by Act 2019, No. 315,§ 136, eff. 7/24/2019.
Acts 1995, No. 795, §§ 7, 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 3 - AFTERMARKET CRASH PARTS (§§ 4-90-301 — 4-90-307) › Section 4-90-301 - Legislative intent

This subchapter is intended to apply only to parts that are aftermarket crash parts as defined in this subchapter and to the documents prepared in the repair estimate process. It is not intended to apply to any mechanical automotive parts or used parts of any kind or to any invoice or final invoicing forms.
Acts 1991, No. 1209, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 3 - AFTERMARKET CRASH PARTS (§§ 4-90-301 — 4-90-307) › Section 4-90-302 - Definitions

As used in this subchapter:
(1)
"Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;
(2)
"Installer" means an individual who performs the work of replacing or repairing parts of a motor vehicle;
(3)
"Insurer" means an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person's authority;
(4)
"Nonoriginal equipment manufacturer aftermarket crash part" means an aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his or her suppliers; and
(5)
"Repair facility" means a motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.
Acts 1991, No. 1209, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 3 - AFTERMARKET CRASH PARTS (§§ 4-90-301 — 4-90-307) › Section 4-90-303 - Penalties

Any person who violates any provision of this subchapter shall, upon conviction, be guilty of a violation and shall be subject to the penalty prescribed in §
5-4-201(c)(1)
.
Acts 1991, No. 1209, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 3 - AFTERMARKET CRASH PARTS (§§ 4-90-301 — 4-90-307) › Section 4-90-304 - Required identification

Any nonoriginal equipment manufacturer aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1992, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. The manufacturer's logo, identification number, or name shall be visible after installation whenever practicable.
Acts 1991, No. 1209, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 3 - AFTERMARKET CRASH PARTS (§§ 4-90-301 — 4-90-307) › Section 4-90-305 - Repair estimates

(a)
In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer or repair facility shall clearly identify such parts.
(b)
A disclosure document attached to the estimate shall contain the following information in no smaller than 10-point type:
"THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS INSTEAD OF THE MANUFACTURER OF YOUR VEHICLE."
Acts 1991, No. 1209, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 3 - AFTERMARKET CRASH PARTS (§§ 4-90-301 — 4-90-307) › Section 4-90-306 - Repairs

Whenever repairs are made involving replacement crash parts, as defined in this subchapter, and the vehicle is still under the manufacturer's original warranty, only original equipment manufacturer replacement crash parts may be used by the repair facility unless the owner gives or has given written consent otherwise.
Acts 1997, No. 835, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 3 - AFTERMARKET CRASH PARTS (§§ 4-90-301 — 4-90-307) › Section 4-90-307 - Insurance

Every insurer that writes motor vehicle insurance and that intends to require or specify the use of aftermarket parts must disclose to its policyholders in writing, either in the policy or on an attached sticker, the following information in no smaller than 10-point type:
"IN THE REPAIR OF YOUR COVERED MOTOR VEHICLE UNDER THE PHYSICAL DAMAGE COVERAGE PROVISIONS OF THIS POLICY, WE MAY REQUIRE OR SPECIFY THE USE OF MOTOR VEHICLE PARTS NOT MADE BY THE ORIGINAL MANUFACTURER. THESE PARTS ARE REQUIRED TO BE AT LEAST EQUAL IN TERMS OF FIT, QUALITY, PERFORMANCE, AND WARRANTY TO THE ORIGINAL MANUFACTURER PARTS THEY REPLACE."
Acts 1997, No. 835, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 4 - NEW MOTOR VEHICLE QUALITY ASSURANCE ACT (§§ 4-90-401 — 4-90-417) › Section 4-90-401 - Title

This subchapter shall be known and may be cited as the "Arkansas New Motor Vehicle Quality Assurance Act".
Acts 1993, No. 285, § 1; 1993, No. 297, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 4 - NEW MOTOR VEHICLE QUALITY ASSURANCE ACT (§§ 4-90-401 — 4-90-417) › Section 4-90-402 - Legislative determinations and intent

The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The General Assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the General Assembly that a good-faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle or a full refund for a motor vehicle which cannot be brought into conformity with the warranty during the motor vehicle quality assurance period provided for in this subchapter. However, nothing in this subchapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
Acts 1993, No. 285, § 2; 1993, No. 297, § 2; 2001, No. 1134, § 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 90 - AUTOMOBILES (§§ 4-90-201 — 4-90-808) › Subchapter 4 - NEW MOTOR VEHICLE QUALITY ASSURANCE ACT (§§ 4-90-401 — 4-90-417) › Section 4-90-404 - Notice by consumer - Disclosure by manufacturer, agent, or dealer

(a)
(1)
A consumer shall utilize the informal dispute settlement proceeding provided for in this subchapter prior to bringing any legal action to enforce the consumer's rights under this subchapter, if the manufacturer has made the disclosure required by subsection (b) of this section.
(2)
However, if the manufacturer has not made the required disclosure, the consumer is not required to utilize the informal dispute settlement procedure pursuant to §
4-90-414
prior to any legal action to enforce the consumer's rights under this subchapter.
(b)
(1)
(A)
At the time of the consumer's purchase or lease of the vehicle, the manufacturer, its agent, or an authorized dealer shall provide to the consumer a written statement that explains the consumer's rights and obligations under this subchapter.
(B)
The manufacturer's authorized dealer shall obtain the consumer's signed acknowledgement of the receipt of the written statement explaining the consumer's rights and obligations under this subchapter.
(C)
The manufacturer's authorized dealer shall maintain copies of the consumer's signed acknowledgement for a period of no fewer than five (5) years.
(2)
The written statement shall be prepared by the Consumer Protection Division and shall include the telephone number of the division that the consumer can contact to obtain information regarding his or her rights and obligations under this subchapter.
(3)
For each failure of the manufacturer, its agent, or an authorized dealer to provide to a consumer the written statement required under this section or failure to retain a signed acknowledgement form, the manufacturer shall be liable to the State of Arkansas for a civil penalty of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000).
(c)
(1)
The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner's manual, that written notice of the nonconformity is required before the buyer may be eligible for a refund or replacement of the vehicle.
(2)
The manufacturer shall provide the consumer with conspicuous notice of the address and phone number for its zone, district, or regional office for this state at the time of vehicle acquisition, to which the buyer must send notification.
Acts 1993, No. 285, § 5; 1993, No. 297, § 5; 1995, No. 302, § 2; 2001, No. 1134, § 3.