§ 4-99-407. Enforcement by the Attorney General
(a) Any violation by any person of the prohibitions set out in § 4-99-405 shall constitute an unfair or deceptive act or practice as defined by § 4-88-101 et seq. of the Deceptive Trade Practices Act. (b) All authority granted to the Attorney General and all remedies available to the Attorney General under the Deceptive […]
§ 4-99-408. Moneys derived from listing charge
All moneys derived from the listing charge described in § 4-99-404 shall be deposited into the State Treasury to the credit of the State Central Services Fund as a direct revenue to be used exclusively to defray the cost associated with the creation and maintenance of the database required by this subchapter and the enforcement […]
§ 4-99-301. Definitions
For the purpose of this subchapter: (1) “Caller identification service” means a service offered by a telecommunications utility that provides caller identification information to a device capable of displaying the information; (2) “Charitable organization” means any charitable organization as that term is defined by § 4-28-401(1); (3) “Consumer” means any person to whom has been […]
§ 4-99-302. Prohibition
(a) It is a violation of this subchapter for any person to make or transmit a telephone solicitation while using any method, including, but not limited to, per call blocking or per line blocking, that prevents caller identification information for the telephone solicitor’s lines used to make telephone calls to a consumer from being shown […]
§ 4-99-303. Penalties — Remedies — Enforcement
(a) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined in § 4-88-101 et seq. pertaining to deceptive trade practices. (b) (1) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall […]
§ 4-99-401. Short title
This subchapter shall be known as the “Arkansas Consumer Telephone Privacy Act”.
§ 4-99-402. Legislative findings and intent
(a) The General Assembly finds that: (1) The use of the telephone to market goods and services to the home and to other businesses is now pervasive due to the increased use of cost-effective telemarketing techniques; (2) Unrestricted telemarketing, however, can be an intrusive invasion of privacy; (3) Many consumers are outraged over the proliferation […]
§ 4-99-403. Definitions
As used in this subchapter, unless the context requires otherwise: (1) The term “affiliates” means a person or persons wholly owned and operated by a parent entity, which parent entity claims a prior or existing business relationship with a consumer or a parent company whose wholly owned subsidiary claims a prior existing business relationship with […]
§ 4-99-404. Statewide database
The Attorney General shall: (1) Establish and thereafter operate a single statewide database composed of a list of telephone numbers of consumers who object to receiving telephone solicitations; (2) (A) Specify the methods by which the objections to telephone solicitations shall be collected and added to the database. (B) (i) Any consumer wishing to be […]
§ 4-99-405. Prohibitions
It shall be a violation of this subchapter for any person to: (1) Make or transmit a telephone solicitation to the telephone number of any consumer included in the then-current database maintained by the Attorney General pursuant to this subchapter; (2) Make or transmit a telephone solicitation without having first accessed, in the manner specified […]