This chapter does not apply to: (1) Advertising or practices which are subject to and which comply with any rule, order, or statute administered by the Federal Trade Commission; (2) Broadcasters, printers, publishers, and other persons engaging in the dissemination of information who do not have actual knowledge of the intent, design, purpose, or deceptive […]
As used in this subchapter: (1) “Caller identification service” means a service offered by a telecommunications provider that provides caller identification information to a device capable of displaying the information; (2) “Charitable organization” means any benevolent, philanthropic, patriotic, civic, or eleemosynary person; (3) “Contribution” means the promise or grant of any money or property of […]
Any person who knowingly and willfully commits an unlawful practice under this chapter shall be guilty of a Class A misdemeanor.
In addition to the criminal penalty imposed hereunder, the Attorney General of this state shall have authority, acting through the Consumer Counsel, to file an action in the court designated in § 4-88-112 for civil enforcement of the provisions of this chapter, including, but not limited to, the seeking of restitution and the seeking of […]
(a) There is created within the office of the Attorney General a Consumer Protection Division. (b) The director of the division shall be known as the “Consumer Counsel of Arkansas” and shall be appointed by the Attorney General who may also appoint such assistants, investigators, and professional and clerical staff as are necessary for the […]
(a) There may be a Consumer Advisory Board appointed by the Attorney General. (b) (1) If the Attorney General appoints such a board, it shall consist of eleven (11) members serving terms of two (2) years. (2) The membership of the board shall be fairly representative of consumers, manufacturers, the Better Business Bureau, labor organizations, […]
(a) Deceptive and unconscionable trade practices made unlawful and prohibited by this chapter include, but are not limited to, the following: (1) Knowingly making a false representation as to the characteristics, ingredients, uses, benefits, alterations, source, sponsorship, approval, or certification of goods or services or as to whether goods are original or new or of […]
(a) When utilized in connection with the sale or advertisement of any goods, services, or charitable solicitation, the following is unlawful: (1) The act, use, or employment by a person of any deception, fraud, or false pretense; (2) The concealment, suppression, or omission of any material fact with intent that others rely upon the concealment, […]
(a) A person who promotes any pyramid promotional scheme engages in an unlawful practice. (b) As used in this section: (1) “Bona fide inventory repurchase program” means a program through which an entity repurchases from an independent salesperson current and marketable inventory in possession of the independent salesperson, upon request and upon commercially reasonable terms, […]
(a) When the Attorney General determines that an investigation should be made as to whether a person has engaged in, is engaging in, or shows evidence of intent to engage in any practice declared to be unlawful by this chapter, when he or she receives a request for enforcement proceedings from a consumer or labor […]
(a) In the event any person fails or refuses to file a statement, appear, or produce records as required by § 4-88-111, the Attorney General, acting through the Consumer Counsel, may file, in the circuit court of the county in which the person resides or transacts business or of the judicial district in which the […]
(a) In any proceeding brought by the Attorney General for civil enforcement of the provisions of this chapter, prohibiting unlawful practices as defined in this chapter, the circuit court may make such orders or judgments as may be necessary to: (1) Prevent the use or employment by such person of any prohibited practices; (2) (A) […]
(a) (1) In the administration of this chapter, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of the provisions of this chapter from any person who has engaged in or was about to engage in the method, act, or practice. (2) […]
Any civil action brought to enforce the provisions of this chapter may be brought in any court of competent jurisdiction in this state during a period of five (5) years commencing on the date of the occurrence of the violation or the date upon which the cause of action arises.
Any party in an action brought under § 4-88-113(f) shall have the right to a jury trial if the action was pending or filed on or after August 1, 2017.
(a) As used in this section, “durable medical equipment” means a good that qualifies for insurance reimbursement and requires a referral or prescription of a licensed physician or a licensed advanced practice registered nurse. (b) A person shall not represent or advertise that a consumer’s health insurance, health benefit plan, Medicare, or Medicaid will cover […]
