Arkansas Deceptive Trade Practices Act

Ak. Stat. § 4-88-101: Discusses the applicability of this statute and which practices it does not apply to.

Ak. Stat. § 4-88-102: Defines the terms used in this act.

Ak. Stat. § 4-88-103: Persons knowingly and willfully committing an act made unlawful under this act is guilty of a Class A misdemeanor.

Ak. Stat. § 4-88-104: The Attorney General may file an action for enforcement of this act which may include restitution or an injunction prohibiting persons from engaging in unlawful practice under this act.

Ak. Stat. § 4-88-105: This statute creates a Consumer Protection Division of the Attorney General’s office and defines the purpose and limits of this division.

Ak. Stat. § 4-88-106: Authorizes the appointment of a Consumer Advisory Board and outlines its purpose

Ak. Stat. § 4-88-111: The Attorney General in investigating an alleged unlawful practice may require a person to file statements or reports, examine persons under oath, depose persons, examine merchandise, or sample merchandise. Statements or material shall not be disclosed absent a showing of good cause or with consent of the other party. Documentary material or copies may be used before a court, except evidence of trade secrets unless there has been adequate notice and approval of the court, in which case it is seen in an in camera hearing. Investigation information may not be given to persons other than those authorized by the Attorney General.

Ak. Stat. § 4-88-112: The Attorney General may petition the court for an order to enforce the section of this act and the court may issue temporary injunctions to do so. In addition, a person attempting to willfully conceal, destroy, alter, or falsify material subject to a subpoena or who willfully disobeys a court order will be punished by contempt of court. Final orders of this provision are appealable to the Supreme Court of Arkansas.

 Ak. Stat. § 4-88-114: An assurance of voluntary compliance providing for the discontinuance of the unlawful act may be accepted by the Attorney General and will not be considered an admission. Such assurance may include payment of expenses, costs, and attorney’s fees of the Attorney General; and provide for payment of damages or restitution to consumers injured by the unlawful acts. Violations of such assurances may be prima facie evidence that the person knows or should know of the violation of this act. Assurances are not admissible in evidence in a criminal proceeding.

Ak. Stat. § 4-88-115: Civil actions under this act must be brought within five years of the date of the violation, or date on which the cause of action arises.

ENHANCED PENALTIES FOR TARGETING THE ELDERLY

Ak. Stat. § 4-88-201: Defines the terms used under this section.

Ak. Stat. § 4-88-202: Persons violating this act, and the violation involves the elderly or disabled persons, may be subject to an additional civil penalty no greater than $10,000 for each violation in addition to other penalties set forth in the act. These additional penalties will be deposited into the Elder and Disabled Victims Fund and used for consumer educational purposes to investigate and prosecute persons utilizing deceptive acts against the elderly and disabled persons.

Ak. Stat. § 4-88-203: Sets forth the factors that the court shall consider in imposing an enhanced penalty pursuant to this subchapter.

Ak. Stat. § 4-88-204: An elderly or disabled person who is injured by a person violating this act has a cause of action and can recover for actual and punitive damages, and attorney’s fees. Civil penalties ordered pursuant to this subchapter are secondary to restitution ordered under this section.

Ak. Stat. § 4-88-205: Requires the Attorney General to allocate funds collected pursuant to this subchapter for educational purposes.

Ak. Stat. § 4-88-206: The Division of Aging and Adult Services and the Attorney General must have referral procedures to provide assistance and intervention to the elderly and disabled injured by violations of this act.

Ak. Stat. § 4-88-207: Creates the Elder and Disabled Victims Fund.

PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY

Ak. Stat. § 4-88-301: Prohibits excessive and unjustified increases in consumer good prices after an emergency or major disaster.

Ak. Stat. § 4-88-302: Defines the terms in this section.

Ak. Stat. § 4-88-303: Determines what constitutes prohibited unfair pricing practice.

Ak. Stat. § 4-88-304: Violations of this section constitute an unfair or deceptive practice and the penalties shall be the same as authorized elsewhere in this act. In addition, for each violation of this subchapter, a fine no greater than $1000 may be imposed, and/or the person shall be guilty of a Class A misdemeanor and may be imprisoned up to one year. This is cumulative to other penalties in this act and other remedies and penalties under other statutes and laws.

Ak. Stat. § 4-88-305: Other, more severe penalties imposed by local ordinances are not preempted by this section.

 

TELECOMMUNICATIONS INDUSTRY, “SLAMMING”

Ak. Stat. § 4-88-401: Defines terms in this section.

Ak. Stat. § 4-88-402: Prohibits “slamming,” in the telecommunications industry.

Ak. Stat. § 4-88-403: Violations of this subchapter are considered an unfair or deceptive act or practice. The remedies available under this act are available to the Attorney General here and are cumulative to penalties imposed by other laws of the state.

SCHOOL CALENDARS

Ak. Stat. § 4-88-501: Defines terms in this section.

Ak. Stat. § 4-88-502: When a person solicits advertisements for school calendars there must be a disclosure stating whether the school will receive funds and, if so, what percentage will be received. If no funds are received by the school, this must be disclosed clearly and conspicuously, orally and in writing by the person making the solicitation at the time of the solicitation.

 
Ak. Stat. § 4-88-503: Violations will be considered a violation of the deceptive trade practices act and the Attorney General may use any remedy or penalty provided under this act.

UNSOLICITED COMMERCIAL AND SEXUALLY EXPLICIT ELECTRONIC MAIL PREVENTION ACT

Ak. Stat. § 4-88-602: Defines terms in this section.

Ak. Stat. § 4-88-603: Determines the requirements for unsolicited commercial electronic jail or unsolicited sexually explicit mail communications.

Ak. Stat. § 4-88-604:Authorizes bulk electronic mail reasonably believed to violate this subchapter to be blocked or services to be disconnected or terminated by electronic mail service providers or interactive computer services; and determines when the providers are not in violation of this section and not liable for actions taken under this section.

Ak. Stat. § 4-88-605: Violations containing sexually explicit electronic mail result in a Class B misdemeanor, and pleas of nolo contendere and guilty; and those guilty of violations of this section do not relieve persons from civil liability.

Ak. Stat. § 4-88-606: Civil actions may be brought by those who received or the electronic mail service providers who facilitate the electronic mail that violates this section. Instead of actual damages, a person may recover the lesser of, $10.00 per electronic mail that violates this section, or $25,000 per day of the violation. In addition, attorney’s fees and costs may be awarded if the plaintiff prevails. An affirmative defense exists is the defendant can show that a list was kept containing the names of persons notifying the sender that they did not wish to be contacted, that practices to prevent unsolicited electronic mail messages was established and implemented with due care, personnel of the sender were trained to know the requirements of this act, and there were records kept demonstrating compliance with this subchapter.

Ak. Stat. § 4-88-607: Violations of this subchapter are considered unfair and deceptive acts or practices and all remedies available to the Attorney General may be utilized for enforcement of this subchapter. Authority to enforce this subchapter is also given to prosecuting attorneys in the districts and counties of Arkansas. None of these provisions, prohibits a person injured to bring a civil action against the violator.

ELDERLY AND DISABLED VICTIMS FUND

Ak. Stat. § 19-6-473: Violations of this subchapter are considered unfair and deceptive acts or practices and all remedies available to the Attorney General may be utilized for enforcement of this subchapter. Authority to enforce this subchapter is also given to prosecuting attorneys in the districts and counties of Arkansas. None of these provisions, prohibits a person injured to bring a civil action against the violator.