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Home » US Law » 2020 Arkansas Code » Title 4 - Business and Commercial Law » Subtitle 7 - Consumer Protection » Chapter 88 - Deceptive Trade Practices » Subchapter 2 - Enhanced Penalties When Elder Persons or Persons With Disabilities Are Targeted

§ 4-88-201. Definitions

(a) “Elder person” means a person who is sixty (60) years of age or older. (b) “Person with a disability” means a person who has a physical or mental impairment which substantially limits one (1) or more of such person’s major life activities. (1) As used in this subsection, “physical or mental impairment” means any […]

§ 4-88-202. Civil penalty — Disposition of funds

(a) If any person is found to have violated any provision of this chapter, including unlawful practices related to charitable solicitations, and the violation is committed against an elder person or a person with a disability, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty […]

§ 4-88-203. Determination of civil penalty

In determining whether to impose an enhanced civil penalty under this subchapter and the amount thereof, the court shall consider the extent to which one (1) or more of the following factors are present: (1) Whether the defendant’s conduct was in disregard of the rights of the elder person or person with a disability; (2) […]

§ 4-88-204. Cause of action

An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney’s fees. Restitution ordered pursuant to this section has priority over a civil penalty imposed […]

§ 4-88-205. Education initiatives

The Attorney General shall, pursuant to the funds allocated in this subchapter, develop and implement statewide educational initiatives to inform elder persons and persons with a disability, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder persons or persons with […]

§ 4-88-206. Referrals for abuse, neglect, and exploitation

The Attorney General shall establish and maintain referral procedures with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services in order to provide any necessary intervention and assistance to an elder person or person with a disability who may have been victimized by violations of this chapter.

§ 4-88-207. Elder Person and Person with a Disability Victims Fund created

The “Elder Person and Person with a Disability Victims Fund” is hereby created and established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State and shall consist of those special funds as may be provided by law. This fund shall be used for the investigation and […]