§ 4-100-102. Remedies and penalties
(a) Any sublease or transfer, or attempted sublease or transfer, in violation of this subchapter shall constitute a deceptive trade practice as defined by § 4-88-101 et seq., and any and all remedies available thereto shall be available to the Attorney General for the enforcement of this subchapter. (b) Any person injured or damaged by […]
§ 4-100-103. Prohibited practices
(a) A person engages in an act of unlawful subleasing or transfer of a motor vehicle if all of the following conditions are met: (1) The vehicle is subject to a lease contract, an installment sales agreement, or a security agreement, the terms of which prohibit the transfer or assignment of any right or interest […]
§ 4-101-201. Duty of merchant — Penalty
(a) A person engaged in the business of selling fracture-filled or clarity-enhanced diamonds or jewelry containing fracture-filled diamonds shall: (1) Disclose to the customer that the diamond has been treated and that it is a fracture-filled or clarity-enhanced diamond; and (2) Post the following notice in a conspicuous place at the entrance to the premises: […]
§ 4-102-101. Legislative finding, declaration, and intent
(a) The General Assembly has become aware of the avalanche of sweepstakes, contests, and prize promotions that have been and are being directed at Arkansas consumers and recognizes that consumers are often misled by these sweepstakes, contests, and prize promotions. The General Assembly also recognizes that Arkansas consumers have paid hundreds of thousands of dollars […]
§ 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 […]
§ 4-102-102. Definitions
As used in this chapter, unless the context otherwise requires: (1) “Prize” means a gift, award, or other item or service that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process; (2) “Retail value” of a prize means: (A) A price […]
§ 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 […]
§ 4-102-103. Violations
(a) Nothing in this chapter shall be construed to permit an activity otherwise prohibited by law. (b) (1) Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter. (2) (A) A violation of this chapter is also […]
§ 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 […]
§ 4-102-104. Exemptions
(a) Nothing in this chapter creates liability for the acts by the publisher, owner, agent, or employee of a newspaper, periodical, radio station, television station, cable television station system, or other advertising medium arising out of the publication or dissemination of a solicitation, notice, or promotion governed by this chapter, unless the publisher, owner, agent, […]