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17-24-511. Furnishing certain deceptive forms.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-24-511. Furnishing certain deceptive forms.
(a) It is unlawful to design, compile, and furnish a form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection of or in an attempt to collect a debt the consumer allegedly owes the creditor, when in fact the person is not participating in collecting or attempting to collect the debt.
(b) A person who violates this section is liable to the same extent and in the same manner as a debt collector is liable under § 17-24-512 for failure to comply with this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-24-511
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:17-24-511
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d477295b3d575c99d003d21ce03060affae876c3b4b36a0c0b60aec705144066
Source location: content.xml paragraph 6417
Stored source content
17-24-511. Furnishing certain deceptive forms.
(a) It is unlawful to design, compile, and furnish a form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection of or in an attempt to collect a debt the consumer allegedly owes the creditor, when in fact the person is not participating in collecting or attempting to collect the debt.
(b) A person who violates this section is liable to the same extent and in the same manner as a debt collector is liable under § 17-24-512 for failure to comply with this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-24-512. Civil liability.
(a) Except as otherwise provided by this section, a debt collector who fails to comply with this subchapter with respect to a person is liable to the person in an amount equal to the sum of:
(1) An actual damage sustained by the person as a result of the failure;
(2) In the case of:
(A) An action by an individual, the additional damages as the court may allow not exceeding one thousand dollars ($1,000); or
(B) A class action:
(i) The amount each named plaintiff could recover under subdivision (a)(2)(A) of this section; and
(ii) The amount the court may allow for all other class members without regard to a minimum individual recovery not to exceed the lesser of five hundred thousand dollars ($500,000) or one percent (1%) of the net worth of the debt collector; and
(3)(A) In the case of a successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court.
(B) If the court finds that an action under this section was brought in bad faith or for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.
(b) In determining the amount of liability in an action under subsection (a) of this section, the court shall consider among other relevant factors:
(1) In an individual action under subdivision (a)(2)(A) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, and the extent to which the noncompliance was intentional; or
(2) In a class action under subdivision (a)(2)(B) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of the noncompliance, the resources of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-24-512
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-24-512. This identifies an authority to review, not proof of applicability.