§ 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 […]
§ 4-99-406. Applicability of subchapter
The provisions of this subchapter shall not apply to: (1) Any person who is a licensee, as defined by § 17-42-103(7)(A), who is a resident of the State of Arkansas and whose telephone call to the consumer is for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent, or leasing real […]
§ 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 […]
§ 4-100-101. Definitions
As used in this subchapter, unless the context requires otherwise: (1) “Lease” means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle; (2) “Motor vehicle” means a device in, on, or by which a person or property is or may […]
§ 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 […]
§ 4-98-102. Definitions
For the purposes of this chapter, unless the context otherwise requires: (1) “Information provider” means any person, company, or corporation that controls the content of a pay-per-call service. Any telephone corporation that provides basic local exchange service or message telecommunication service which only transmits pay-per-call service but which does not control the content of the […]