reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-310 - Driving out or financially injuring competition

If any person, company, partnership, association, corporation, or agent engaged in the manufacture or sale of any article of commerce or consumption produced, manufactured, or mined in this state or elsewhere shall, with the intent and purpose of driving out competition or for the purpose of financially injuring competitors, sell within this state at less than cost of manufacture or production or sell in such a way, or give away, in this state their productions for the purpose of driving out competition or financially injuring competitors engaged in similar business, then the person, or persons, company, partnership, association, corporation, or agent resorting to this method of securing a monopoly within this state in such business shall be deemed guilty of a conspiracy to form or secure a trust or monopoly in restraint of trade and on conviction shall be subjected to the penalties of this subchapter.
Acts 1905, No. 1, § 6, p. 1; C. & M. Dig., § 7374; Pope's Dig., § 9413; A.S.A. 1947, § 70-106.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-316 - Person defined

Unless otherwise defined, for purposes of this subchapter, "person" means any natural person, corporation, firm, partnership, limited partnership, trust, association, or any other legal or commercial entity.
Acts 2003, No. 1172, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-317 - Awards to the Attorney General - Use of moneys

(a)
There shall be established within the office of the Attorney General an Antitrust Enforcement Account into which all costs and fees recovered by the Attorney General under the terms of this subchapter or the federal antitrust laws shall be remitted.
(b)
The costs and fees deposited into the account of the Attorney General's office shall be used for the furtherance of the Attorney General's duties and activities under this subchapter.
Acts 2003, No. 1172, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-318 - Action not barred because it affects interstate or foreign commerce

(a)
This subchapter is to apply to any economic activity occurring wholly or partly within the State of Arkansas, or which affects economic activity within the State of Arkansas.
(b)
No action instituted by the Attorney General under this subchapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.
Acts 2003, No. 1172, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-319 - Venue

Any action, application, or motion brought by the Attorney General against a person under this subchapter shall be filed in the Pulaski County Circuit Court unless the action, application, or motion is brought as part of an action containing claims of federal law violations, in which event the action shall be brought in the appropriate federal court.
Acts 2003, No. 1172, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 3 - MONOPOLIES GENERALLY (§§ 4-75-301 — 4-75-320) › Section 4-75-320 - Statute of limitations

(a)
Any action brought by the Attorney General pursuant to this subchapter is barred if it is not commenced within five (5) years after the cause of action accrues.
(b)
The foregoing statute of limitations shall be tolled during any period when the defendant in any action fraudulently conceals the events upon which the cause of action is based.
(c)
This section is not intended to allow for the commencement of any action by the Attorney General under the provisions of this subchapter for events occurring prior to the enactment of this section of which the Attorney General had actual knowledge.
Acts 2003, No. 1172, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-401 - Title

This subchapter shall be known and shall be cited as the "Automobile Dealer's Anti-Coercion Act".
Acts 1937, No. 205, § 14; Pope's Dig., § 9432; A.S.A. 1947, § 70-143.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-402 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Person" means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors;
(2)
"Sell", "sold", "buy", and "purchase" include exchange, barter, gift, and offer of contract to sell or buy; and
(3)
"Wholesale distribution" means the sale or distribution of motor vehicles, or any interest therein, by the manufacturer thereof or by any person, directly or indirectly owned by the manufacturer.
Acts 1937, No. 205, § 13; Pope's Dig., § 9431; A.S.A. 1947, § 70-142.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-403 - Subchapter cumulative

The provisions of this subchapter shall be held cumulative to each other and all other laws of this state in force as of June 10, 1937, in any way affecting them.
Acts 1937, No. 205, § 11; Pope's Dig., § 9429; A.S.A. 1947, § 70-140.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-404 - Penalties - Persons subject to penalties

(a)
Any person shall be guilty of a Class B misdemeanor if the person:
(1)
Shall violate any of the provisions of this subchapter;
(2)
Is a party to any agreement or understanding or to any contract prescribing any condition prohibited by this subchapter;
(3)
Is any employee, agent, or officer of any person that shall participate in any manner in making, executing, enforcing, performing, or in urging, aiding, or abetting in the performance of any such contract, condition, agreement, or understanding;
(4)
Shall pay or give or contract to pay or give any thing or service of value prohibited by this subchapter; and
(5)
Shall receive or accept or contract to receive or accept any thing or service of value prohibited by this subchapter.
(b)
Each day's violation of this subchapter shall constitute a separate offense.
Acts 1937, No. 205, § 9; Pope's Dig., § 9427; A.S.A. 1947, § 70-138; Acts 2005, No. 1994, § 378.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-405 - Forfeiture of charter rights, etc., and dissolution for violations - Proceedings

For a violation of any of the provisions of this subchapter by any corporation or association mentioned in this subchapter, it shall be the duty of the Attorney General or the prosecuting attorney of the proper county to institute proper suits or quo warranto proceedings in any court of competent jurisdiction for the forfeiture of its charter rights, franchises, or privileges and powers exercised by the corporation or association, and for the dissolution of the corporation or association under the general statutes of this state.
Acts 1937, No. 205, § 7; Pope's Dig., § 9425; A.S.A. 1947, § 70-136.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-406 - Foreign corporations violating subchapter prohibited from doing business

Every foreign corporation, as well as every foreign association, exercising any of the powers, franchises, or functions of a corporation in this state, violating any of the provisions of this subchapter, is denied the right and prohibited from doing any business in this state. It shall be the duty of the Attorney General to enforce this provision by bringing proper proceedings by injunction or otherwise. The Secretary of State shall be authorized to revoke the license of any such corporation or association authorized by him or her to do business in this state.
Acts 1937, No. 205, § 8; Pope's Dig., § 9426; A.S.A. 1947, § 70-137.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-407 - Contracts violating subchapter void

Any contract or agreement in violation of the provisions of this subchapter shall be absolutely void and shall not be enforceable either in law or equity.
Acts 1937, No. 205, § 10; Pope's Dig., § 9428; A.S.A. 1947, § 70-139.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-408 - Exclusive financing agreements - Prohibition

It shall be unlawful for any person who is engaged, either directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to sell, or enter into a contract to sell, motor vehicles to any person who is engaged or intends to engage in the business of selling such motor vehicles at retail in this state, on the condition or with an agreement or understanding, either express or implied, that the person so engaged in selling motor vehicles at retail shall in any manner finance the purchase or sale of any one (1) or number of motor vehicles only with or through a designated person or class of persons or shall sell and assign the conditional sales contract, chattel mortgages, or leases arising from the sale of motor vehicles, or any one (1) or number thereof only to a designated person or class of persons, when the effect of the condition, agreement, or understanding so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the person or class of persons who are designated, by virtue of the condition, agreement, or understanding to finance the purchase or sale of motor vehicles or to purchase such conditional sales contracts, chattel mortgages, or leases. Any such condition, agreement, or understanding is void and against the public policy of this state.
Acts 1937, No. 205, § 1; Pope's Dig., § 9419; A.S.A. 1947, § 70-130.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-409 - Exclusive financing agreements - Threats as prima facie evidence

Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person engaged, either directly or indirectly, in the manufacture or distribution of motor vehicles, that the person will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell motor vehicles, to the person who is so engaged in the business of selling motor vehicles at retail, unless the person finances the purchase or sale of any one (1) or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his or her retail sales of motor vehicles or any one (1) or number thereof only to a designated person or class of persons shall be prima facie evidence of the fact that such person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in §
4-75-408
.
Acts 1937, No. 205, § 2; Pope's Dig., § 9420; A.S.A. 1947, § 70-131.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-410 - Exclusive financing agreements - Threats presumed made at direction of manufacturer or distributor

Any threat, expressed or implied, made to any person engaged in the business of selling motor vehicles at retail in this state by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles in this state and is affiliated with or controlled by any person engaged, directly or indirectly, in the manufacture or distribution of motor vehicles, that the person so engaged in such manufacture or distribution shall terminate his or her contract with or cease to sell motor vehicles to such person engaged in the sale of motor vehicles at retail in this state unless such person finances the purchase or sale of any one (1) or number of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his or her retail sale of motor vehicles or any one (1) or any number thereof only to such person so engaged in financing the purchase or sale of motor vehicles or in buying conditional sales contracts, chattel mortgages, or leases on motor vehicles shall be presumed to be made at the direction of and with the authority of the person so engaged in the manufacture or distribution of motor vehicles, and shall be prima facie evidence of the fact that the person so engaged in the manufacture or distribution of motor vehicles has sold or intends to sell them on the condition or with the agreement or understanding prohibited in §
4-75-408
.
Acts 1937, No. 205, § 3; Pope's Dig., § 9421; A.S.A. 1947, § 70-132.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-411 - Unlawful subsidies or discrimination

(a)
It shall be unlawful for any person who is engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles to pay or give or to contract to pay or give any subsidy to any person, other than an automobile dealer or automobile distributor, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state or to discriminate in favor of or against any person, other than an automobile dealer or automobile distributor engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state, if the effect of any such subsidy or discrimination may be to lessen or eliminate competition or to create or tend to create a monopoly in the person or class of persons who receive the subsidy or who are benefited by the discrimination.
(b)
It shall be unlawful for any person other than an automobile dealer or automobile distributor who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail within this state to accept or receive or contract or agree to accept or receive, either directly or indirectly, any subsidy or the benefit resulting from any discrimination as set forth in subsection (a) of this section from any person engaged, directly or indirectly, in the manufacture or wholesale distribution of motor vehicles if the effect of the acceptance or receipt of any such subsidy or benefit may be to lessen or eliminate competition or to create or tend to create a monopoly in the person or class of persons who receives the subsidy or who is benefited by the discrimination.
(c)
It shall be unlawful for any person other than an automobile dealer or automobile distributor who accepts or receives, either directly or indirectly, any subsidy or the benefit resulting from any discrimination as set forth in subsection (b) of this section or contracts, either directly or indirectly, to receive any such subsidy or benefit to thereafter finance or attempt to finance the purchase or sale of any motor vehicles or buy or attempt to buy any conditional sales contracts, chattel mortgages, or leases on motor vehicles sold at retail in this state.
Acts 1937, No. 205, §§ 4-6; Pope's Dig., §§ 9422-9424; A.S.A. 1947, §§ 70-133 -- 70-135.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-412 - Actions by injured parties

(a)
In addition to the criminal and civil penalties provided in this subchapter, any person who shall be injured in his or her business or property by any other person or corporation or association or partnership, by reason of anything forbidden or declared to be unlawful by this subchapter, may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and recover twofold the damages by him or her sustained and the costs of suit.
(b)
Whenever it shall appear to the court before which any proceedings under this subchapter may be pending that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether they reside in the county where the action is pending or not.
Acts 1937, No. 205, § 12; Pope's Dig., § 9430; A.S.A. 1947, § 70-141.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 4 - AUTOMOBILE DEALER'S ANTI-COERCION ACT (§§ 4-75-401 — 4-75-413) › Section 4-75-413 - Arbitration and forum selection clauses in sale of motor vehicles

(a)
Except as provided in subsection (b) of this section, no new or used automobile dealer shall include in the contract for the sale of a motor vehicle a provision requiring the purchaser to submit a disputed matter to:
(1)
Binding arbitration; or
(2)
A forum outside the county in which the dealer resides or does business.
(b)
(1)
(A)
The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to binding arbitration only by signing a separate document entitled in bold print "Waiver of Purchaser's Right to Sue" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court of law.
(B)
The purchaser of a motor vehicle may knowingly and voluntarily agree to submit to a forum outside the dealer's residence or place of business only by signing a separate document entitled in bold print "Waiver of Purchaser's Choice of Forum" containing a written waiver specifically acknowledging the purchaser's relinquishment of the right to have any dispute over the sale or operation of the motor vehicle decided by a court or arbitrator in the county in which the seller resides or does business.
(2)
A waiver described in subdivision (b)(1)(A) or (B) of this section shall not be enforceable unless contained in a separate document.
(c)
A purchaser who refuses to sign a waiver described in subsection (b) of this section shall not be denied the right to purchase a motor vehicle at the price agreed upon by the purchaser and the seller.
Acts 2005, No. 1239, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 5 - PRICE DISCRIMINATION (§§ 4-75-501 — 4-75-503) › Section 4-75-503 - Furnishing or transmitting news

(a)
(1)
(A)
All corporations, companies, individuals, associations, or persons associated for the purpose of furnishing news for publication in newspapers and engaged in furnishing news for publication shall furnish the service to all newspapers, persons, companies, or corporations authorized to do business under the laws of this state at uniform rates and without discrimination.
(B)
The service shall be given in the same manner and at the same cost to all.
(2)
No increase in the rate charged for such news service shall apply in this state unless the increased rates shall be made in conformity with the uniform increased rates made for all other points wherever the news service may be furnished by the persons, companies, corporations, associations, or companies associated.
(b)
(1)
Any person, association, company, or corporation associated violating the provisions of this section shall be guilty of a violation and fined in any sum not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000).
(2)
Each day's violation shall constitute a separate offense and shall be punished as such.
(c)
(1)
Any telegraph company or telephone company transmitting or permitting to be transmitted over its lines, by lease or otherwise, or which shall receive for transmission over any of its lines from any persons, companies, corporations, associations, or persons associated, any news item, the transmission of which is prohibited by this section, shall be guilty of a violation and punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).
(2)
The Attorney General or any prosecuting attorney of the state is empowered, authorized, and directed to bring suit in the name of the State of Arkansas for the recovery of the penalty prescribed by subdivision (c)(1) of this section.
(d)
Any person, company, corporation, or any association of persons against whom a discrimination shall be made in the rate charged or of services rendered by any association, company, corporation, or persons associated in the furnishing of news service or to whom such news service is refused shall be entitled to recover damages in any sum not less than one thousand dollars ($1,000) per day for each day of the discrimination or refusal.
Acts 1913, No. 51, §§ 1-4; C. & M. Dig., §§ 79651/2-7968; Pope's Dig., §§ 10358-10361; A.S.A. 1947, §§ 70-126 -- 70-129; Acts 2005, No. 1994, § 39.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 6 - THEFT OF TRADE SECRETS (§§ 4-75-601 — 4-75-607) › Section 4-75-601 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;
(2)
"Misappropriation" means:
(A)
Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(B)
Disclosure or use of a trade secret of another without express or implied consent by a person who:
(i)
Used improper means to acquire knowledge of the trade secret; or
(ii)
At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was:
(a)
Derived from or through a person who had utilized improper means to acquire it;
(b)
Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(c)
Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii)
Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;
(3)
"Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity; and
(4)
"Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(A)
Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(B)
Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Acts 1981, No. 439, § 1; A.S.A. 1947, § 70-1001.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 6 - THEFT OF TRADE SECRETS (§§ 4-75-601 — 4-75-607) › Section 4-75-602 - Effect of subchapter on other law

(a)
This subchapter displaces conflicting tort, restitutionary, and other law of this state pertaining to civil liability for misappropriation of a trade secret.
(b)
This subchapter does not affect:
(1)
Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; or
(2)
Criminal liability for misappropriation of a trade secret.
Acts 1981, No. 439, § 7; A.S.A. 1947, § 70-1007.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 6 - THEFT OF TRADE SECRETS (§§ 4-75-601 — 4-75-607) › Section 4-75-603 - Statute of limitations

An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Acts 1981, No. 439, § 6; A.S.A. 1947, § 70-1006.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 6 - THEFT OF TRADE SECRETS (§§ 4-75-601 — 4-75-607) › Section 4-75-604 - Injunctive relief

(a)
Actual or threatened misappropriation may be enjoined.
(b)
Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist; however, the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(c)
If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
(d)
In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Acts 1981, No. 439, § 2; A.S.A. 1947, § 70-1002.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 6 - THEFT OF TRADE SECRETS (§§ 4-75-601 — 4-75-607) › Section 4-75-605 - Preservation of secrecy

In an action under this subchapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
Acts 1981, No. 439, § 5; A.S.A. 1947, § 70-1005.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 6 - THEFT OF TRADE SECRETS (§§ 4-75-601 — 4-75-607) › Section 4-75-606 - Damages

(a)
In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation.
(b)
A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
Acts 1981, No. 439, § 3; A.S.A. 1947, § 70-1003.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 6 - THEFT OF TRADE SECRETS (§§ 4-75-601 — 4-75-607) › Section 4-75-607 - Attorney's fees

The court may award reasonable attorneys' fees to the prevailing party if:
(1)
A claim of misappropriation is made in bad faith;
(2)
A motion to terminate an injunction is made or resisted in bad faith; or
(3)
Willful and malicious misappropriation exists.
Acts 1981, No. 439, § 4; A.S.A. 1947, § 70-1004.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-701 - Title

This subchapter shall be known and may be cited as the "Unfair Cigarette Sales Act".
Acts 1951, No. 101, § 1; A.S.A. 1947, § 70-601.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-703 - Sales excepted from subchapter

(a)
This subchapter does not apply to a sale at wholesale or a sale at retail made:
(1)
In an isolated transaction and not in the usual course of business;
(2)
Where cigarettes are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in the cigarettes, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;
(3)
Where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and the advertising, offer to sell, or sale shall state the reason for the sale and the quantity of the cigarettes advertised, offered for sale, or to be sold;
(4)
Where cigarettes are sold upon the final liquidation of a business; or
(5)
Where cigarettes are advertised, offered for sale, or sold by any fiduciary or other officer acting under the order or direction of any court.
(b)
For sales that are exempt under subsection (a) of this section, the seller shall:
(1)
Notify Arkansas Tobacco Control of the sale at least one (1) business day before the sale occurs; and
(2)
For sales that are below cost, submit the information required by the Director of Arkansas Tobacco Control on the form prescribed by the director.
Amended by Act 2019, No. 1071,§ 1, eff. 7/24/2019.
Acts 1951, No. 101, § 6; A.S.A. 1947, § 70-606.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-704 - Transactions permitted to meet lawful competition

(a)
(1)
Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to the competing wholesaler as defined by this subchapter.
(2)
Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to the competing retailer as defined in this subchapter.
(b)
The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in §
4-75-703
shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankrupt sale be considered the price of a competitor within the purview of this section.
(c)
In the absence of proof of the actual cost to the competing wholesaler or to the competing retailer, as the case may be, the cost may be presumed to be the lowest cost to wholesalers or the lowest cost to retailers, as the case may be, within the same trading area as determined by a cost survey made pursuant to §
4-75-711(b)
.
Acts 1951, No. 101, § 7; A.S.A. 1947, § 70-607.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-705 - Contracts in violation of subchapter void

Any contract, express or implied, made by any person in violation of any of the provisions of this subchapter is illegal and void and no recovery shall be had thereon.
Acts 1951, No. 101, § 8; A.S.A. 1947, § 70-608.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-706 - Director of Arkansas Tobacco Control - Powers and duties

(a)
(1)
The Director of Arkansas Tobacco Control may prescribe, adopt, and enforce rules relating to the administration and enforcement of this subchapter.
(2)
(A)
The director may undertake and make or cause to be made one (1) or more cost surveys for the state or a trading area as he or she shall define, and when the cost survey is made by or approved by the director, it is permissible to use the cost survey as provided in §
4-75-711(b)
.
(B)
The director may also investigate price fixing.
(3)
The director may revoke or suspend the permit issued under this subchapter of any person who refuses or neglects to comply with this subchapter or any rule of the director prescribed under this subchapter.
(b)
Whenever any person fails to comply with this subchapter or any rule of the director promulgated under this subchapter, the Arkansas Tobacco Control Board, upon a hearing, after giving the person ten (10) days' notice in writing specifying the time and place of the hearing and requiring the person to show cause why his or her permit should not be revoked, may revoke or suspend the permit held by the person.
(c)
Any ruling, order, or decision of the board shall be subject to review, as provided by law, in the Pulaski County Circuit Court or any court of competent jurisdiction in the county in which the person affected resides or does business.
Amended by Act 2019, No. 1071,§ 2, eff. 7/24/2019.
Acts 1951, No. 101, § 12; A.S.A. 1947, § 70-612; Acts 1999, No. 1237, § 2; 2009, No. 785, § 2.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-707 - Permit requirement

(a)
A person shall not engage in or conduct the business of purchasing for resale or selling cigarettes without having first obtained the appropriate permit for that purpose.
(b)
All permits for the purchasing for resale or the sale of cigarettes shall be issued by the Director of Arkansas Tobacco Control, who shall make rules respecting applications for and issuance of permits under this section.
(c)
A wholesaler or retailer who sells or intends to sell cigarettes at one (1) or more places of business shall be required to obtain a separate permit for each place of business.
(d)
A person permitted only as a wholesaler shall not operate as a retailer unless the appropriate permit is first secured, and a person permitted only as a retailer shall not operate as a wholesaler unless the appropriate permit is first secured.
Amended by Act 2019, No. 1071,§ 2, eff. 7/24/2019.
Acts 1951, No. 101, § 13; A.S.A. 1947, § 70-613; Acts 1999, No. 1237, § 3; 2009, No. 785, § 3.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-708 - Sales at less than cost, rebates, concessions, etc. - Penalty

(a)
It shall be unlawful for any wholesaler, retailer, or salesperson with intent to injure competitors or destroy or substantially lessen competition to advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost to the wholesaler or retailer, as the case may be.
(b)
(1)
It is unlawful for any wholesaler, retailer, or salesperson to offer a rebate in price, to give a rebate in price, to offer a concession of any kind, or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes with intent to injure competitors or destroy or substantially lessen competition.
(2)
However, it is not unlawful under this section for a wholesaler to give a rebate if the rebate is paid by check or electronic direct deposit and does not result in a sale at less than the cost to the wholesaler according to §
4-75-702(5)(A)
, less discounts that are received by the wholesaler from the manufacturer.
(c)
It shall be unlawful for any retail dealer to induce or attempt to induce or to procure or attempt to procure the purchase of cigarettes at a price less than cost to the wholesaler.
(d)
Any wholesaler, retailer, or salesperson who violates this section shall be guilty of a violation and upon conviction shall be subject to a fine of not more than five hundred dollars ($500).
(e)
The following shall be prima facie evidence of intent to injure competitors and destroy or substantially limit competition:
(1)
The advertisement, offer for sale, or sale of cigarettes by any wholesaler, retailer, or salesperson at less than cost to him or her;
(2)
Any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of a concession of any kind in connection with the sale of cigarettes; or
(3)
Inducing or attempting to induce or procuring or attempting to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer.
Amended by Act 2021, No. 942,§ 2, eff. 7/28/2021.
Acts 1951, No. 101, § 3; A.S.A. 1947, § 70-603; Acts 2003, No. 373, § 1; 2005, No. 1994, § 40.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-709 - Combination sales

(a)
(1)
In all advertisements, offers for sale, or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales involving the giving of any gift or concession of any kind, whether coupons or otherwise, the wholesaler's or retailer's combined selling price shall not be below the cost to the wholesaler or the cost to the retailer, respectively, of the total of all articles, products, commodities, gifts, and concessions included in the transactions.
(2)
If any such articles, products, commodities, gifts, or concessions shall not be cigarettes, the basic cost thereof shall be determined in the manner provided in §
4-75-702(1)
.
(b)
The redemption by a retailer of coupons supplied to consumers by manufacturers and redeemable from the retailer by the manufacturers is not a violation of this subchapter if the sum of the coupon and other consideration paid by the consumer is not below the cost to the retailer.
(c)
Any manufacturer's promotional allowance provided to a wholesaler or retailer may be passed on to the purchaser by the wholesaler or retailer without violating this subchapter if the sum of the manufacturer's promotional allowance and other consideration paid by the purchaser is not below the cost to the wholesaler or retailer, as the case may be.
Acts 1951, No. 101, § 4; A.S.A. 1947, § 70-604; Acts 2003, No. 627, § 5; 2003, No. 1808, § 1.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-710 - Sales by a wholesaler to a wholesaler

When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in his or her selling price to the latter the cost to the wholesaler, as provided by §
4-75-702
, but the latter wholesaler, upon resale to a retailer, shall be subject to the provisions of that section.
Acts 1951, No. 101, § 5; A.S.A. 1947, § 70-605.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-711 - Determination of cost generally - Cost surveys

(a)
In determining cost to the wholesaler and cost to the retailer, the court shall receive, and consider as bearing on the bona fides of the cost, evidence tending to show that any person complained against under any of the provisions of this subchapter purchased the cigarettes involved in the complaint before the court at a fictitious price or upon terms or in such manner or under such invoices as to conceal the true cost, discounts, or terms of purchase, and shall also receive and consider as bearing on the bona fides of the costs, evidence of the normal, customary, and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or state.
(b)
Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for the trading area in which a violation of this subchapter is committed or charged to determine and establish on the basis of actual existing conditions the lowest cost to wholesalers or the lowest cost to retailers within the area, the cost survey shall be deemed competent evidence in any action or proceeding under this subchapter as tending to prove actual cost to the wholesaler or actual cost to the retailer complained against, but any party against whom any such cost survey may be introduced in evidence shall have the right to offer evidence tending to prove any inaccuracy of the cost survey or any state of facts which would impair its probative value.
Acts 1951, No. 101, § 9; A.S.A. 1947, § 70-609.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-712 - Determination of cost - Sales outside ordinary channels of business

In establishing the basic cost of cigarettes to a wholesaler or a retailer, it shall not be permissible to use the invoice cost or the actual cost of any cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside of the ordinary channels of trade.
Acts 1951, No. 101, § 10; A.S.A. 1947, § 70-610.
Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 6 - BUSINESS PRACTICES (§§ 4-70-101 — 4-76-108) › Chapter 75 - UNFAIR PRACTICES (§§ 4-75-101 — 4-75-1404) › Subchapter 7 - UNFAIR CIGARETTE SALES ACT (§§ 4-75-701 — 4-75-714) › Section 4-75-713 - Remedies

(a)
The Director of Arkansas Tobacco Control or any person injured by any violation or who would suffer injury from any threatened violation of this subchapter may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin the violation or threatened violation.
(b)
(1)
If, in such action, a violation or threatened violation of this subchapter is established, the court shall enjoin and restrain, or otherwise prohibit, the violation or threatened violation, and in addition thereto, the court shall assess in favor of the plaintiff and against the defendant the costs of suit including reasonable attorney's fees.
(2)
In the action it is not necessary that actual damages to the plaintiff be alleged or proved, but where alleged or proved, the plaintiff in the action, in addition to the injunctive relief and costs of suit, including reasonable attorney's fees, shall be entitled to recover from the defendant the actual damages sustained by him or her.
(c)
In the event that no injunctive relief is sought or required, any person injured by a violation of this subchapter may maintain an action for damages and costs of suit in any court of general jurisdiction.
Acts 1951, No. 101, § 11; A.S.A. 1947, § 70-611; Acts 1999, No. 1237, § 4; 2009, No. 785, § 4.