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20-6-206. Injunctive relief.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-6-206. Injunctive relief.
(a) An affected patient or healthcare provider may file an action seeking an injunction of a violation of this subchapter in the circuit court of:
(1) Pulaski County;
(2) The county in which the healthcare provider has his or her practice located;
(3) The county in which the affected patient resides; or
(4) The county in which the entity is located.
(b) Upon the filing of a complaint, the court may issue a temporary injunction on the violation without notice or bond.
(c) If the plaintiff patient or healthcare provider establishes that this subchapter has been violated, the court may enter an order permanently enjoining the violation of this subchapter or otherwise enforcing compliance with this subchapter.
(d) A prevailing plaintiff shall be entitled to:
(1) The greater of liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, or actual damages; and
(2) Reasonable attorney's fees and costs.
(e) A violation of this subchapter shall constitute an unfair and deceptive act or practice as defined under the Deceptive Trade Practices Act, § 4-88-101 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-6-206
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:20-6-206
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fa859ccf32cd6b1587f3c0540ff5b82aac6f6ff5a6ed9ede958472318ef15bba
Source location: content.xml paragraph 714
Stored source content
20-6-206. Injunctive relief.
(a) An affected patient or healthcare provider may file an action seeking an injunction of a violation of this subchapter in the circuit court of:
(1) Pulaski County;
(2) The county in which the healthcare provider has his or her practice located;
(3) The county in which the affected patient resides; or
(4) The county in which the entity is located.
(b) Upon the filing of a complaint, the court may issue a temporary injunction on the violation without notice or bond.
(c) If the plaintiff patient or healthcare provider establishes that this subchapter has been violated, the court may enter an order permanently enjoining the violation of this subchapter or otherwise enforcing compliance with this subchapter.
(d) A prevailing plaintiff shall be entitled to:
(1) The greater of liquidated damages in the amount of one thousand dollars ($1,000) per day per violation, or actual damages; and
(2) Reasonable attorney's fees and costs.
(e) A violation of this subchapter shall constitute an unfair and deceptive act or practice as defined under the Deceptive Trade Practices Act, § 4-88-101 et seq.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-101. Applicability of chapter.
This chapter does not apply to:
(1) Advertising or practices which are subject to and which comply with any rule, order, or statute administered by the Federal Trade Commission;
(2) Broadcasters, printers, publishers, and other persons engaging in the dissemination of information who do not have actual knowledge of the intent, design, purpose, or deceptive nature of the advertising or practice;
(3) Actions or transactions specifically permitted under laws administered by the Insurance Commissioner, the Securities Commissioner, the State Highway Commission, the Bank Commissioner, or other regulatory body or officer acting under statutory authority of this state or the United States, unless a director of these divisions specifically requests the Attorney General to implement the powers of this chapter; or
(4) Actions or transactions of a public utility which have been authorized by the Arkansas Public Service Commission, a municipal authority, the Federal Energy Regulatory Commission, the Federal Communications Commission, or other regulatory body or officer acting under statutory authority of the United States.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-101
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 4-88-101. This identifies an authority to review, not proof of applicability.