§ 4-95-101. Title

This chapter may be known and cited as the “Arkansas Mail and Telephone Consumer Product Promotion Fair Practices Act”.

§ 4-95-102. Definitions

As used in this chapter, unless the context otherwise requires: (1) “Consumer product” means a good or service purchased, leased, or rented primarily for personal, family, or household purposes, including a course of instruction or training, regardless of the purpose for which it is taken; (2) “Division” means the Consumer Protection Division of the Office […]

§ 4-95-103. Penalties — Criminal

Any person who knowingly commits a practice defined as unlawful in this chapter shall be guilty of a Class B misdemeanor and upon conviction in the appropriate court of any county in this state in which any portion of the unlawful practice occurred shall be subject to punishment accordingly. If the amount in question solicited […]

§ 4-95-104. Penalties — Civil

In addition to the criminal penalty imposed in § 4-95-103, the Consumer Protection Division shall have authority to file a petition in the Pulaski County Circuit Court for civil enforcement of the provisions of this chapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or any other entity from engaging in any unlawful […]

§ 4-95-105. Offers of gifts or prizes

(a) It shall be an unlawful practice under this chapter for any product promoter to enforce or to attempt to enforce an agreement for a consumer product not in compliance with the requirements of this chapter. (b) It shall be an unlawful practice under this chapter for any person to offer a gift, prize, or […]

§ 4-95-106. Purchase agreements generally

(a) Any agreement by a consumer to obtain a consumer product from a product promoter is not enforceable unless it is in writing, it contains the signature of the consumer, and it contains the following information: (1) The name and address and telephone number of the product promoter; (2) A list of the price or […]

§ 4-95-107. Exemptions

This chapter shall not apply to a consumer product transaction: (1) That has been made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a business establishment that has a fixed permanent location and where the consumer products are displayed or offered for sale, lease, or […]

§ 4-95-108. Violation of subchapter renders agreement void — Waiver

(a) Any agreement for sale, lease, or rent of a consumer product by a product promoter in violation of this chapter is void and unenforceable. (b) Any waiver or attempt to waive any of the provisions of this chapter shall be void and unenforceable.