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 99 - REGULATION OF TELEPHONIC SELLERS (§§ 4-99-101 — 4-99-408) › Subchapter 4 - ARKANSAS CONSUMER TELEPHONE PRIVACY ACT (§§ 4-99-401 — 4-99-408) › Section 4-99-408 - Moneys derived from listing charge

All moneys derived from the listing charge described in §
4-99-404
shall be deposited into the State Treasury to the credit of the State Central Services Fund as a direct revenue to be used exclusively to defray the cost associated with the creation and maintenance of the database required by this subchapter and the enforcement of this subchapter.
Acts 1999, No. 1465, § 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 100 - MOTOR VEHICLE TRANSFERS (§§ 4-100-101 — 4-100-103) › Section 4-100-101 - Definitions

As used in this subchapter, unless the context requires otherwise:
(1)
"Lease" means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle;
(2)
"Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks;
(3)
"Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation;
(4)
"Third party" means a person other than the actor or the owner of the vehicle; and
(5)
"Transfer" means to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment, or other property transfer.
Acts 1993, No. 1042, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 100 - MOTOR VEHICLE TRANSFERS (§§ 4-100-101 — 4-100-103) › Section 4-100-102 - Remedies and penalties

(a)
Any sublease or transfer, or attempted sublease or transfer, in violation of this subchapter shall constitute a deceptive trade practice as defined by §
4-88-101
et seq., and any and all remedies available thereto shall be available to the Attorney General for the enforcement of this subchapter.
(b)
Any person injured or damaged by reason of any act in violation of this subchapter may file a civil action to recover damages based on the violation with the following remedies:
(1)
The greater of three (3) times the amount of any actual damages or one thousand five hundred dollars ($1,500);
(2)
Reasonable attorney's fees and costs; and
(3)
Any other relief which the court deems just.
(c)
A person who knowingly or intentionally engages in an act of unlawful subleasing or transfer of a motor vehicle as described by this subchapter shall be guilty of a Class D felony.
Acts 1993, No. 1042, § 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 100 - MOTOR VEHICLE TRANSFERS (§§ 4-100-101 — 4-100-103) › Section 4-100-103 - Prohibited practices

(a)
A person engages in an act of unlawful subleasing or transfer of a motor vehicle if all of the following conditions are met:
(1)
The vehicle is subject to a lease contract, an installment sales agreement, or a security agreement, the terms of which prohibit the transfer or assignment of any right or interest in the vehicle or under the lease contract, installment sales agreement, or security agreement without consent of the lessor, seller, or secured party;
(2)
The person is not a party to the lease contract, installment sales agreement, or security agreement;
(3)
The person transfers or assigns, or purports to transfer or assign, a right or an interest in the vehicle to a person who is not a party to the lease contract, installment sales agreement, or security agreement;
(4)
The person does not obtain, before the transfer or assignment described in subdivision (a)(3) of this section, written consent to the transfer or assignment from the vehicle's lessor, seller, or secured party; and
(5)
The person receives compensation or some other consideration for the transfer or assignment described in subdivision (a)(3) of this section.
(b)
A person engages in an act of unlawful subleasing or transfer of a motor vehicle when the person is not a party to the lease contract, installment sales agreement, or security agreement and assists, causes, or arranges an actual or purported transfer or assignment described as a violation of this subchapter.
(c)
It is not a defense to prosecution under this subchapter that the motor vehicle's owner has violated a contract creating a security interest, lease, or lien in the motor vehicle.
Acts 1993, No. 1042, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 101 - JEWELRY (§ 4-101-201) › Subchapter 2 - SALE OF FRACTURE-FILLED AND CLARITY-ENHANCED DIAMONDS (§ 4-101-201) › Section 4-101-201 - Duty of merchant - Penalty

(a)
A person engaged in the business of selling fracture-filled or clarity-enhanced diamonds or jewelry containing fracture-filled diamonds shall:
(1)
Disclose to the customer that the diamond has been treated and that it is a fracture-filled or clarity-enhanced diamond; and
(2)
Post the following notice in a conspicuous place at the entrance to the premises:
"NOTICE TO CUSTOMERS.
Fracture-filled and clarity-enhanced diamonds are sold by this business. Arkansas law requires that the seller disclose to the customer that a diamond is fracture-filled or clarity-enhanced before the sale of any fracture-filled or clarity-enhanced diamond.".
(b)
A violation of this section shall be a Class B misdemeanor.
Acts 1995, No. 1128, § 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 102 - PRIZE PROMOTION (§§ 4-102-101 — 4-102-109) › Section 4-102-101 - Legislative finding, declaration, and intent

(a)
The General Assembly has become aware of the avalanche of sweepstakes, contests, and prize promotions that have been and are being directed at Arkansas consumers and recognizes that consumers are often misled by these sweepstakes, contests, and prize promotions. The General Assembly also recognizes that Arkansas consumers have paid hundreds of thousands of dollars to sweepstakes, contests, and prize promoters based upon misrepresentations by those promoters to Arkansas consumers. Many of the sweepstakes, contests, and prize promotions are artfully crafted to lead Arkansas consumers to believe that they have been selected to receive valuable prizes, when such is not the case. The promotions often mislead Arkansas consumers as to the value of the prizes. The promotions often mislead Arkansas consumers as to their chances to receive the prize. The promotions often mislead Arkansas consumers to believe that they must purchase the promoter's product, or otherwise pay to the promoter sums of money in order to be eligible to receive the prize, or that the likelihood that the prize to be awarded will be increased, or that the consumer's application for the prize will receive special handling if the consumer purchases the promoter's product. These sweepstakes, contests, and prize promoters prey particularly upon elderly Arkansas consumers.
(b)
It is the intent of the General Assembly through the enactment of this chapter to require that Arkansas consumers be provided with all relevant information necessary to make an informed decision concerning sweepstakes, contests, and prize promotions. It is also the intent of the General Assembly to prohibit misleading and deceptive prize promotions. This chapter shall be construed liberally in order to achieve this purpose.
Acts 1995, No. 736, § 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 102 - PRIZE PROMOTION (§§ 4-102-101 — 4-102-109) › Section 4-102-102 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Prize" means a gift, award, or other item or service that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process;
(2)
"Retail value" of a prize means:
(A)
A price at which the sponsor can substantiate that a substantial number of the prizes have been sold to the public in Arkansas in the preceding year; or
(B)
If the sponsor is unable to satisfy the requirement in subdivision (2)(A) of this section, then no more than one and one-half (1.5) times the amount the sponsor paid for the prize in a bona fide purchase from an unaffiliated seller; and
(3)
"Sponsor" means a corporation, partnership, limited liability company, sole proprietorship, or natural person that offers a prize or information about a prize to a person in Arkansas in conjunction with the sale or lease of any product or service, or offers a prize or information about a prize in conjunction with any real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process that requires, or creates the reasonable impression of requiring, or allows the person to pay any money as a condition of receiving, or in conjunction with allowing the person to receive, use, compete for, or obtain a prize or information about a prize.
Acts 1995, No. 736, § 1; 2001, No. 1670, § 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 102 - PRIZE PROMOTION (§§ 4-102-101 — 4-102-109) › Section 4-102-103 - Violations

(a)
Nothing in this chapter shall be construed to permit an activity otherwise prohibited by law.
(b)
(1)
Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter.
(2)
(A)
A violation of this chapter is also a violation of the Deceptive Trade Practices Act, §
4-88-101
et seq., and is subject to all of the enforcement provisions of that act.
(B)
For the purposes of the assessment of penalties pursuant to the Deceptive Trade Practices Act, §
4-88-101
et seq., each separate violation of this chapter will constitute a separate violation of the Deceptive Trade Practices Act, §
4-88-101
et seq.
(c)
(1)
Any person suffering a pecuniary loss because of an intentional violation of this chapter may bring an action in any court of competent jurisdiction and shall recover:
(A)
Costs;
(B)
Reasonable attorney's fees; and
(C)
The greater of:
(i)
Five hundred dollars ($500); or
(ii)
Twice the amount of the pecuniary loss.
(2)
It is evidence of intent if the violation occurs after the office of the Attorney General has notified a sponsor that the sponsor is in violation of this chapter.
(d)
The relief provided in this section is in addition to remedies or penalties otherwise available in regard to the same conduct under law or under other statutes of this state.
Acts 1995, No. 736, § 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 102 - PRIZE PROMOTION (§§ 4-102-101 — 4-102-109) › Section 4-102-107 - Prize award required

A sponsor who represents to a person that the person has been awarded a prize shall, not later than thirty (30) days after making a representation, provide the person with the prize, or with a voucher, certificate, or other document giving the person the unconditional right to receive the prize, or shall provide the person with either of the following items selected by the person:
(1)
Any other prize listed in the written prize notice that is available and that is of equal or greater value; or
(2)
The retail value of the prize as stated in the written notice in the form of cash, a money order, or a certified check.
Acts 1995, No. 736, § 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 102 - PRIZE PROMOTION (§§ 4-102-101 — 4-102-109) › Section 4-102-108 - Telephonic prize offers

(a)
All provisions of this chapter apply to prize offers made by way of telephone communication.
(b)
Sponsors of the offers shall not solicit or accept the payment of any money from any person unless that person has first received the written prize notice as required by this chapter.
(c)
No sponsor shall solicit or utilize in any fashion any credit card or bank account information from any person unless that person has first received a written prize notice as required by this chapter.
(d)
If a sponsor contacts a person by telephone after that person has first received a written prize notice as required by this chapter, the sponsor shall specifically identify the written prize notice and shall by oral disclosure communicate all disclosures required by §
4-102-106
prior to soliciting or accepting any money from any person and prior to soliciting or accepting any credit card or bank account information from any person.
Acts 1995, No. 736, § 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 102 - PRIZE PROMOTION (§§ 4-102-101 — 4-102-109) › Section 4-102-109 - Application of Home Solicitation Act

All prize offers, including telephone prize offers, in which the sponsor has initiated contact, regardless of his or her location, and the consumer's agreement to pay is made at the consumer's home and is an agreement to pay more than twenty-five dollars ($25.00) is a home solicitation sale within the meaning of §
4-89-102
.
Acts 1995, No. 736, § 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 103 - CHARITABLE SOLICITATION (§§ 4-103-201 — 4-103-205) › Subchapter 2 - CONTAINERS (§§ 4-103-201 — 4-103-205) › Section 4-103-201 - Definitions

As used in this subchapter:
(1)
(A)
"Charitable organization" means any nonprofit corporation that is or holds itself out to be established for a charitable purpose or any person who employs a charitable appeal as the basis for any solicitation or appeal that suggests, directly or indirectly, that the solicitation is for a charitable purpose.
(B)
"Charitable organization" includes a person, chapter, branch, area office, or a similar affiliate or agent of any of these, whether paid or not paid, soliciting contributions within the state for a charitable organization or cause;
(2)
"Charitable purpose" means any charitable, benevolent, philanthropic, humane, patriotic, scientific, artistic, public health, social welfare, advocacy, environmental, conservation, civic, or other eleemosynary purpose as defined and amended, from time to time, by the Internal Revenue Code;
(3)
"Container" means any box, carton, package, receptacle, canister, jar, dispenser, or machine that offers a product for sale or distribution for solicitation purposes; and
(4)
"Disclosure label" means a printed or typed notice affixed to a container located in a conspicuous place and accessible to the public which is easily readable and legible and informs the public of the following:
(A)
The approximate annual percentage paid, if any, to an individual or organization to maintain, service, or collect the contributions raised by the solicitation;
(B)
The net percentage or sum for the most recent calendar year going to the specific charitable purpose; and
(C)
If the maintenance, service, and collection from the container is done by volunteers or by paid individuals.
Acts 1997, No. 172, § 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 103 - CHARITABLE SOLICITATION (§§ 4-103-201 — 4-103-205) › Subchapter 2 - CONTAINERS (§§ 4-103-201 — 4-103-205) › Section 4-103-202 - Disclosure label required - Unlawful charitable solicitation

(a)
Any container used by any charitable organization in a public place to solicit contributions by offering a product for sale or distribution for solicitation purposes shall have a disclosure label attached to it.
(b)
Any charitable organization that knowingly places a container in violation of the provisions of subsection (a) of this section commits the offense of unlawful charitable solicitation.
(c)
Unlawful charitable solicitation is a Class C misdemeanor.
(d)
It is an affirmative defense to prosecution under this section that a charitable organization has given one hundred percent (100%) of the receipts generated by the container to the charitable purpose for which the charitable organization represented the funds were being solicited.
Acts 1997, No. 172, § 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 103 - CHARITABLE SOLICITATION (§§ 4-103-201 — 4-103-205) › Subchapter 2 - CONTAINERS (§§ 4-103-201 — 4-103-205) › Section 4-103-203 - Exemptions

No charitable organization shall be liable for prosecution under this subchapter for failure to place a disclosure label on any container if:
(1)
The container generates less than one hundred dollars ($100) gross per annum; or
(2)
The charitable organization generates less than five hundred dollars ($500) per year from all sources for any charitable purpose or purposes combined.
Acts 1997, No. 172, § 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 103 - CHARITABLE SOLICITATION (§§ 4-103-201 — 4-103-205) › Subchapter 2 - CONTAINERS (§§ 4-103-201 — 4-103-205) › Section 4-103-204 - Enforcement of subchapter

(a)
(1)
Any violation of the provisions of this subchapter 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 subchapter.
(b)
The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this subchapter.
Acts 1997, No. 172, § 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 103 - CHARITABLE SOLICITATION (§§ 4-103-201 — 4-103-205) › Subchapter 2 - CONTAINERS (§§ 4-103-201 — 4-103-205) › Section 4-103-205 - Construction of subchapter

The provisions of this subchapter shall be supplemental to the laws of this state pertaining to charitable fraud or fraudulent practices.
Acts 1997, No. 172, § 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 104 - CREDIT CARD SOLICITATION (§§ 4-104-201 — 4-104-204) › Subchapter 2 - COLLEGE CAMPUSES (§§ 4-104-201 — 4-104-204) › Section 4-104-201 - Definitions

As used in this subchapter:
(1)
"Credit card" means:
(A)
Any card, plate, or other single credit device that may be used from time to time to obtain credit.
(B)
Checks and similar instruments that can be used only once to obtain a single credit extension are not credit cards;
(2)
"Credit card issuer" means:
(A)
Any person or entity who issues a credit card; or
(B)
The employee or agent of the person or entity, with respect to the card;
(3)
"Institution of higher education" means any public or private university, college, technical college, or community college located in Arkansas; and
(4)
"Person" means any natural person, firm, association, organization, partnership, corporation, or company, or any combination thereof.
Acts 1999, No. 1328, § 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 104 - CREDIT CARD SOLICITATION (§§ 4-104-201 — 4-104-204) › Subchapter 2 - COLLEGE CAMPUSES (§§ 4-104-201 — 4-104-204) › Section 4-104-202 - Face-to-face solicitations

(a)
(1)
It is unlawful to:
(A)
Solicit any person to apply for a credit card in an academic building and within one hundred feet (100') of an academic building on the campus of an institution of higher education; or
(B)
Offer gifts or any other promotional incentives to any person under twenty-one (21) years of age through direct face-to-face contact in order to entice the person to apply for a credit card.
(2)
Prior to any personal solicitation of credit card applications on the campus of an institution of higher education in which gifts or any other promotional incentives are being offered, the credit card issuer shall verify the identity and age of the person to be solicited by the review of a valid driver's license or other credible means of identification bearing a photograph of the person.
(3)
This subsection shall not apply to the solicitation of a credit card application by a bank or credit union located on the campus if the solicitation is made within its office.
(b)
It is unlawful to issue a credit card to any individual whose application for credit is obtained as a result of actions prohibited by this subchapter.
Acts 1999, No. 1328, § 2; 2005, No. 1430, § 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 104 - CREDIT CARD SOLICITATION (§§ 4-104-201 — 4-104-204) › Subchapter 2 - COLLEGE CAMPUSES (§§ 4-104-201 — 4-104-204) › Section 4-104-203 - Solicitations at athletic events

If the institution of higher learning permits solicitations at athletic events, the institution shall include a credit seminar within the institution's freshman orientation.
Acts 1999, No. 1328, § 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 104 - CREDIT CARD SOLICITATION (§§ 4-104-201 — 4-104-204) › Subchapter 2 - COLLEGE CAMPUSES (§§ 4-104-201 — 4-104-204) › Section 4-104-204 - Violations - Penalties

Any credit card issuer violating this subchapter shall be guilty of a violation and fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each violation.
Acts 1999, No. 1328, § 4; 2005, No. 1994, § 43.
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 105 - LEMON LAWS (§§ 4-105-201 — 4-105-206) › Subchapter 2 - ASSISTIVE DEVICES (§§ 4-105-201 — 4-105-206) › Section 4-105-202 - Express warranties

(a)
A manufacturer who in the State of Arkansas sells an assistive device to a consumer shall provide to the consumer an express warranty to continue no less than one (1) year after first delivery of the assistive device.
(b)
In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer of an assistive device that for a period of no less than one (1) year after the date of first delivery to the consumer the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer.
Acts 1999, No. 953, § 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 105 - LEMON LAWS (§§ 4-105-201 — 4-105-206) › Subchapter 2 - ASSISTIVE DEVICES (§§ 4-105-201 — 4-105-206) › Section 4-105-203 - Warranty

If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before thirty (30) days after return delivery of the assistive device to a consumer, the nonconformity shall be repaired at no charge to the consumer.
Acts 1999, No. 953, § 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 105 - LEMON LAWS (§§ 4-105-201 — 4-105-206) › Subchapter 2 - ASSISTIVE DEVICES (§§ 4-105-201 — 4-105-206) › Section 4-105-204 - Repair

(a)
A reasonable amount of time to fix a nonconformity shall be thirty (30) calendar days, with the exchange of a substitute of the consumer's assistive device at the option of the consumer.
(b)
If, after a reasonable attempt to repair, the nonconformity is not repaired, then at the direction of the consumer the manufacturer shall do one (1) of the following:
(1)
Accept return of the assistive device and replace the assistive device with a comparable new assistive device and refund any collateral costs;
(2)
(A)
Accept return of the assistive device and refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device, as their interest may appear, the full purchase price plus any finance charge paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use.
(B)
A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, the denominator of which is one thousand four hundred sixty (1,460) and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer; or
(3)
With respect to a consumer who leases an assistive device from an assistive device lessor under a written lease, accept return of the assistive device, refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease, and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use.
Acts 1999, No. 953, § 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 105 - LEMON LAWS (§§ 4-105-201 — 4-105-206) › Subchapter 2 - ASSISTIVE DEVICES (§§ 4-105-201 — 4-105-206) › Section 4-105-205 - Valuation

(a)
The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the assistive device lessor's early termination savings.
(b)
A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand four hundred sixty (1,460) and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, assistive device lessor, or assistive device dealer.
Acts 1999, No. 953, § 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 105 - LEMON LAWS (§§ 4-105-201 — 4-105-206) › Subchapter 2 - ASSISTIVE DEVICES (§§ 4-105-201 — 4-105-206) › Section 4-105-206 - Refund or replacement

(a)
(1)
To receive a comparable new assistive device or a refund due under the provisions of this subchapter, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer.
(2)
No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the consumer with an assistive device or a refund.
(b)
After the manufacturer provides the new assistive device or refund, the consumer shall return the assistive device having the nonconformity to the manufacturer or its dealer, along with any endorsements necessary to transfer ownership to the manufacturer.
(c)
(1)
(A)
To receive a refund due under the provisions of this subchapter, a person who leases an assistive device from an assistive device lessor under a written lease shall offer to return the assistive device having the nonconformity to its manufacturer.
(B)
No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the consumer.
(2)
After the manufacturer provides the refund, the consumer shall return to the manufacturer the nonconforming assistive device.
(d)
(1)
To receive a refund due under the provisions of this subchapter, an assistive device lessor shall offer to transfer possession of the assistive device having the nonconformity to its manufacturer.
(2)
No later than fifteen (15) calendar days after that offer, the manufacturer shall provide the refund to the assistive device lessor.
(e)
A consumer who prevails in any legal proceeding under this subchapter is entitled to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based upon actual time expended by the attorney, determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action.
Acts 1999, No. 953, § 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 106 - DISCOUNT CARDS (§§ 4-106-201 — 4-106-205) › Subchapter 2 - HEALTH-RELATED CASH DISCOUNT CARDS (§§ 4-106-201 — 4-106-205) › Section 4-106-201 - Prohibited practices

It shall be unlawful and a violation of this subchapter for any person to sell, market, promote, advertise, or otherwise distribute any card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from healthcare providers in health-related purchases if:
(1)
The card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance;
(2)
The card or other purchasing mechanism or device does not expressly provide in bold and prominent type on the card or in a statement attached to the card that the consumer has the right to cancel his or her registration within thirty (30) days from the effective date of the card or other purchasing mechanism or device;
(3)
The discounts are not specifically authorized by an individual and separate contract with each healthcare provider listed in conjunction with the card or other purchasing mechanism or device;
(4)
The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are, regardless of the literal wording used:
(A)
Misleading;
(B)
Deceptive; or
(C)
Fraudulent;
(5)
The card or any advertisements for the card in any form include words or phrases that are commonly associated with the business of insurance, such as "health plan", "preexisting condition", or "coverage", in a way that could have a tendency to deceive the public into believing that the cards are a form of insurance;
(6)
The contract for the card or other purchasing mechanism or device, or any other document that is provided to the consumer at the time the card or other purchasing mechanism or device is received, does not contain:
(A)
Information in bold and prominent type that a consumer has the right to cancel his or her registration within thirty (30) days from the effective date of the card or other purchasing mechanism or device; and
(B)
Instructions on how a consumer may cancel his or her registration;
(7)
Printed advertisements and other printed promotional materials concerning the card or other purchasing mechanism or device do not expressly provide in bold and prominent type that:
(A)
The discounts are not insurance; and
(B)
The card or other purchasing mechanism or device contains a thirty-day cancellation period; or
(8)
Electronic advertisements and other electronic promotions concerning the card or other purchasing mechanism or device, including, but not limited to, radio, television, the internet, and telephone solicitations, do not expressly state in a prominent manner that:
(A)
The discounts are not insurance; and
(B)
A consumer has the right to cancel the registration within a thirty-day period under §
4-106-205
.
Acts 1999, No. 1406, § 1; 2005, No. 875, § 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 106 - DISCOUNT CARDS (§§ 4-106-201 — 4-106-205) › Subchapter 2 - HEALTH-RELATED CASH DISCOUNT CARDS (§§ 4-106-201 — 4-106-205) › Section 4-106-203 - Designation and registration of agent

Any person who sells, markets, promotes, advertises, or otherwise distributes any card or other purchasing mechanism or device which is not insurance that purports to offer discounts from healthcare providers in health-related purchases in Arkansas shall:
(1)
Designate an agent who is a resident of Arkansas for service of process; and
(2)
Register the agent with the Secretary of State.
Acts 1999, No. 1406, § 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 106 - DISCOUNT CARDS (§§ 4-106-201 — 4-106-205) › Subchapter 2 - HEALTH-RELATED CASH DISCOUNT CARDS (§§ 4-106-201 — 4-106-205) › Section 4-106-204 - Construction

Nothing in this subchapter shall be construed to apply to eye or vision care services, glasses, or contact lenses provided by an optometrist or ophthalmologist.
Acts 1999, No. 1406, § 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 106 - DISCOUNT CARDS (§§ 4-106-201 — 4-106-205) › Subchapter 2 - HEALTH-RELATED CASH DISCOUNT CARDS (§§ 4-106-201 — 4-106-205) › Section 4-106-205 - Right to rescind contract - No waiver of claims

(a)
In addition to any other right to revoke an offer, a buyer who enters into a contract for the purchase of a health-related discount card or other purchasing mechanism or device has the absolute right to cancel the contract and receive a full refund without penalty until midnight of the thirtieth calendar day after the effective date of the card or other purchasing mechanism or device.
(b)
The acceptance or use of any card or other purchasing mechanism or device is not a waiver of:
(1)
Any claim that may be asserted under this subchapter or under §
4-88-101
et seq.; or
(2)
Any other applicable criminal, civil, or administrative penalties.
Acts 2005, No. 875, § 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 2 - TRANSFER OF CREDIT CARD DEBT (§§ 4-107-201 — 4-107-204) › Section 4-107-201 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Card issuer" means any person who issues a credit card or the agent of the person with respect to the credit card;
(2)
"Cardholder" means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person;
(3)
"Credit" means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment;
(4)
"Credit card" means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit;
(5)
(A)
"Creditor" means a person who both:
(i)
Regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four (4) installments or for which the payment of a finance charge is or may be required; and
(ii)
Is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement.
(B)
In the case of an open-end credit plan involving a credit card, the card issuer is a creditor.
(C)
"Creditor" shall also include card issuers, whether or not the amount due is payable by agreement in more than four (4) installments;
(6)
(A)
"Open-end credit plan" means a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance.
(B)
A credit plan which is an open-end credit plan within the meaning of the preceding sentence is an open-end credit plan even if credit information is verified from time to time; and
(7)
"Person" means a natural person or an organization.
Acts 1999, No. 1497, § 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 2 - TRANSFER OF CREDIT CARD DEBT (§§ 4-107-201 — 4-107-204) › Section 4-107-202 - Cardholders protected

(a)
If a credit cardholder transfers an outstanding credit card balance from one credit card account to another credit card account, the creditor issuing the credit card from which the outstanding balance was transferred shall not collect any interest or any other fees attributable to the credit card account for the amount of the outstanding balance having been transferred for any period after the date of the transfer from the account.
(b)
Any creditor issuing a credit card who charges a consumer any interest or any other fees after the transfer of an outstanding credit balance from one credit card account to another credit card account shall be liable to the consumer for an amount which is treble the amount of any interest or other fees charged, plus all costs, to include a reasonable amount for attorney's fees.
Acts 1999, No. 1497, § 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 2 - TRANSFER OF CREDIT CARD DEBT (§§ 4-107-201 — 4-107-204) › Section 4-107-203 - Deceptive trade practices

(a)
(1)
Further, a violation of the provisions of this subchapter by a credit card issuer or creditor issuing a credit card shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, §
4-88-101
et seq.
(2)
All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, §
4-88-101
et seq., shall be available to the Attorney General for the enforcement of this section.
(b)
Nothing in this subchapter shall limit the rights or remedies which are otherwise available to the credit card holder under any other law.
(c)
The obligations under this subchapter are cumulative and should in no way be deemed to limit the obligations imposed under any other state or federal law.
Acts 1999, No. 1497, § 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 2 - TRANSFER OF CREDIT CARD DEBT (§§ 4-107-201 — 4-107-204) › Section 4-107-204 - Applicability

Notwithstanding the federal Consumer Credit Protection Act,
15 U.S.C. § 1601
et seq., or any other federal or state laws protecting the rights of consumers who are issued credit cards in this state or other states, the provisions of this subchapter shall apply to all qualifying credit card account transactions where a creditor has chosen to issue a credit card to a citizen of the State of Arkansas or has chosen to continue to offer a credit card account to a citizen in Arkansas and shall thereby be governed by the provisions of this subchapter.
Acts 1999, No. 1497, § 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 3 - UNAUTHORIZED USE OF CREDIT CARDS (§§ 4-107-301 — 4-107-307) › Section 4-107-301 - Legislative findings

The General Assembly finds, determines, and declares that:
(1)
Credit, particularly the use of credit cards, is an important tool for consumers in today's economy;
(2)
Unscrupulous persons often fraudulently use the credit card accounts of others by stealing the credit card itself or obtaining the necessary information to fraudulently charge the purchase of goods and services to another person's credit card account; and
(3)
Protection from unauthorized use of credit card accounts is necessary.
Acts 2003, No. 274, § 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 3 - UNAUTHORIZED USE OF CREDIT CARDS (§§ 4-107-301 — 4-107-307) › Section 4-107-303 - Printing card number on receipts

(a)
No person, firm, partnership, association, corporation, limited liability company, or other entity accepting credit cards for the transaction of business shall print more than the last five (5) digits of the credit card account number, the credit card expiration date, or both, on a credit card receipt to the cardholder.
(b)
(1)
This section shall apply only to the receipts that are electronically printed and shall not apply to transactions in which the sole means of recording the credit card number is by handwriting or by an imprint or copy of the credit card.
(2)
(A)
Except as provided in subdivision (b)(2)(C) of this section, this section applies to any person or entity formed on and after July 16, 2003, that uses a cash register or any other machine or device that electronically imprints receipts of credit card transactions.
(B)
Except as provided in subdivision (b)(2)(C) of this section, beginning January 1, 2004, this section also applies to any person or entity formed before July 16, 2003, that uses a cash register and any other machine or device that electronically imprints receipts of credit card transactions.
(C)
Until January 1, 2005, this section shall not apply to:
(i)
Institutions of higher education; or
(ii)
Persons or entities employing no more than twenty-five (25) employees or who have generated no more than five million dollars ($5,000,000) annually in revenues from the person's business activities.
Acts 2003, No. 274, § 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 3 - UNAUTHORIZED USE OF CREDIT CARDS (§§ 4-107-301 — 4-107-307) › Section 4-107-304 - Acceptance of credit card agreement

The acceptance of the terms and conditions of a credit card account by a cardholder may be established as binding and enforceable by:
(1)
The written or electronic signature or other electronic record of acceptance by the cardholder; or
(2)
The use of the credit card account by the named credit card account member, any coapplicant, or any authorized user if the credit card agreement provides that any use of the credit card account constitutes an acceptance of the terms and conditions of the credit card agreement if the time prescribed in
12 C.F.R. § 202.12(b)
has expired.
Added by Act 2013, No. 1495,§ 2, 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 3 - UNAUTHORIZED USE OF CREDIT CARDS (§§ 4-107-301 — 4-107-307) › Section 4-107-305 - Liability

(a)
A cardholder is personally liable for charges and interest incurred by the named credit card account member, any coapplicant, or any authorized user on the credit card account of the cardholder.
(b)
A cardholder is not liable for charges and interest incurred on the credit card account as a result of fraudulent activity by another person.
Added by Act 2013, No. 1495,§ 2, 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 3 - UNAUTHORIZED USE OF CREDIT CARDS (§§ 4-107-301 — 4-107-307) › Section 4-107-306 - Amount owed

(a)
A creditor may establish a presumption of correctness of its ownership of the credit card account and the amount of the charges and interest that is owed on a credit card account by:
(1)
Filing a copy of the credit card issuer's final billing statement or charge-off statement; or
(2)
Filing a compilation of the data maintained by the original creditor, credit card issuer, or succeeding creditor in the regular course of business.
(b)
The cardholder may dispute the presumption with any credible evidence as allowed by state or federal law.
Added by Act 2013, No. 1495,§ 2, 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 107 - CREDIT CARDS (§§ 4-107-201 — 4-107-307) › Subchapter 3 - UNAUTHORIZED USE OF CREDIT CARDS (§§ 4-107-301 — 4-107-307) › Section 4-107-307 - Interest rate

A creditor may establish the contracted interest rate for a credit card account by:
(1)
Documenting the acceptance of the terms and conditions that contain a stated or variable interest rate by a cardholder of the credit card account; or
(2)
Any billing statement generated by the credit card issuer that contains a stated or variable interest rate.
Added by Act 2013, No. 1495,§ 2, 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-201 - Purpose

(a)
There should be uniform requirements for engine fuels, petroleum products, and automotive lubricants among the several states.
(b)
This subchapter provides for the establishment of quality specifications for these products.
Acts 2001, No. 586, § 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 108 - FUEL AND LUBRICANTS (§§ 4-108-201 — 4-108-213) › Subchapter 2 - QUALITY SPECIFICATIONS (§§ 4-108-201 — 4-108-213) › Section 4-108-202 - Scope

(a)
This subchapter establishes a sampling, testing, and enforcement program, requires registration of engine fuels, and empowers the state to promulgate rules as needed to carry out the provisions of this subchapter.
(b)
It also provides for administrative, civil, and criminal penalties.
Amended by Act 2019, No. 315,§ 143, eff. 7/24/2019.
Acts 2001, No. 586, § 2.