Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 7 - CONSUMER PROTECTION (§§ 4-86-101 — 4-119-105) › Chapter 88 - DECEPTIVE TRADE PRACTICES (§§ 4-88-101 — 4-88-1404) › Subchapter 2 - ENHANCED PENALTIES WHEN ELDER OR DISABLED PERSONS ARE TARGETED (§§ 4-88-201 — 4-88-210) › Section 4-88-201 - Definitions

As used in this subchapter:
(1)
"Account" means funds or assets held by a financial services provider, including without limitation:
(A)
A deposit account;
(B)
A checking account;
(C)
A money market account;
(D)
A savings account;
(E)
A share account;
(F)
A certificate of deposit;
(G)
A trust account;
(H)
An individual retirement account or other type of retirement account;
(I)
A guardianship or conservatorship account;
(J)
An investment or securities account;
(K)
A loan;
(L)
A credit card; or
(M)
Any extension of credit, including a home equity line of credit;
(2)
"Elder person" means a person who is sixty (60) years of age or older;
(3)
"Exploitation" means the act of forcing, compelling, or exerting undue influence over a person causing the person to act in a way that is inconsistent with the person's relevant past behavior or causing the person to perform services or purchase goods and services for the benefit of another person;
(4)
"Financial exploitation" means:
(A)
The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elder person or person with a disability, including incurring debt in the name of an elder person or person with a disability for the benefit of a third party; or
(B)
Any act or omission taken by an individual, including through the use of a power of attorney, guardianship, or conservatorship of an elder person or person with a disability, to either:
(i)
Obtain control through deception, intimidation, or undue influence over the elder person's or person with a disability's money, assets, or property to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property; or
(ii)
Convert money, assets, or property of the elder person or person with a disability to deprive the elder person or person with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property;
(5)
"Financial services provider" means an entity, including the entity's employees and officers, regulated by the State Bank Department or a similar federal regulatory agency, engaged in or transacting business in this state, including without limitation:
(A)
A state or national bank or trust company;
(B)
A state or federal savings and loan association;
(C)
A state or federal credit union;
(D)
A building and loan association;
(E)
A mortgage banker, mortgage broker, loan officer, or mortgage servicer under the Fair Mortgage Lending Act, §
23-39-501
et seq.; or
(F)
A pawnbroker;
(6)
"Financial transaction" means:
(A)
A transfer or request to transfer or disburse funds or assets in an account;
(B)
A request to initiate a wire transfer, initiate an automated clearing house transfer, or issue a money order, cashier's check, or official check;
(C)
A request to negotiate a check or other negotiable instrument;
(D)
A request to change the ownership of an account;
(E)
A request for a loan, extension of credit, or draw on a line of credit;
(F)
A request to transfer the title to any real property or the title of any motor vehicle or mobile home, or to encumber the real property, motor vehicle, or mobile home;
(G)
Expanding access to an account through an online or telephone banking system or adding an additional person as an authorized signer or person otherwise authorized to initiate transactions in the account; or
(H)
Opening or establishing a new account;
(7)
"Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;
(8)
(A)
"Person with a disability" means a person who has a physical or mental impairment which substantially limits one (1) or more of such person's major life activities.
(B)
As used in this subdivision (8), "physical or mental impairment" means any of the following:
(i)
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one (1) or more of the following body systems:
(a)
Neurological;
(b)
Musculoskeletal;
(c)
Special sense organs;
(d)
Respiratory, including speech organs;
(e)
Cardiovascular;
(f)
Reproductive;
(g)
Digestive;
(h)
Genitourinary;
(i)
Hemic and lymphatic;
(j)
Skin; or
(k)
Endocrine; or
(ii)
Any mental or psychological disorder, including intellectual and developmental disabilities, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(C)
The term "physical or mental impairment" includes without limitation diseases and conditions such as orthopedic, visual, speech and hearing impairment, cerebral palsy, spina bifida, Down syndrome, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual and developmental disabilities, and emotional illness; and
(9)
"Substantially limits" means substantially interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments that substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, sprains, or minor injuries.
Amended by Act 2021, No. 1015,§ 4, eff. 7/28/2021.
Amended by Act 2019, No. 1035,§ 1, eff. 7/24/2019.
Acts 1993, No. 138, § 1; 2011, No. 68, § 1.