§ 4-90-415. Enforcement — Exclusivity — Costs and expenses
(a) A consumer may bring a civil action to enforce this subchapter in a court of competent jurisdiction. (b) This subchapter does not limit the rights and remedies that are otherwise available to a consumer under any applicable provisions of law. (c) A consumer who prevails in any legal proceeding under this subchapter is entitled […]
§ 4-90-703. Debt cancellation agreements to be legible — Disclosure requirements
All terms of a debt cancellation agreement shall be printed or reproduced to render all material provisions of the agreement legible and shall clearly and conspicuously disclose the following information: (1) If the debt cancellation agreement is provided by or administered by a third party, the debt cancellation agreement shall disclose that fact and provide […]
§ 4-90-416. Time limitation for commencement of action
(a) An action brought under this subchapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer. (b) When the buyer has commenced an informal dispute settlement procedure described in § 4-90-414, the two-year period specified in subsection (a) of this […]
§ 4-90-417. Deceptive trade practices
A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under § 4-88-101 et seq.
§ 4-90-501. Title
This subchapter is known and may be cited as the “Motor Vehicle Service Contract Act”.
§ 4-90-502. Definitions
As used in this subchapter: (1) “Affiliate” means an entity that is owned at least fifty-one percent (51%) by the same entity that holds at least fifty-one percent (51%) of the seller of a motor vehicle; (2) “Commissioner” means the Insurance Commissioner for the State of Arkansas; (3) (A) “Incidental costs” means expenses specified in […]
§ 4-90-503. Applicability
This subchapter shall apply to motor vehicle service contracts sold on or after May 1, 1993.
§ 4-90-504. Exemptions — Affiliates
(a) Except as provided in this subchapter, a motor vehicle service contract provider and warrantor are governed by this subchapter and are exempt from the Arkansas Insurance Code. (b) (1) This subchapter shall not prohibit or affect the giving, free of charge, of the usual warranties or performance guarantees by manufacturers, distributors, or dealers in […]
§ 4-90-505. Mandatory insurance
(a) A motor vehicle service contract or theft protection program warranty shall not be issued, sold, or offered for sale in this state unless a motor vehicle service contract provider or warrantor is insured under a reimbursement insurance policy issued by an insurer authorized to do business in this state, and providing that the insurer […]
§ 4-90-407. Refunds
(a) (1) Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear. (2) If applicable, refunds shall be made to the lessor and lessee as follows: (A) The lessee shall receive the lessee cost less a reasonable offset for use; and (B) The lessor shall receive the […]