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23-17-122. Annual certification — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-17-122. Annual certification — Definition.
(a) As used in this section, “provider” means an entity that provides a telecommunications service, a Voice over Internet Protocol, commonly known as “VoIP”, service, a commercial radio service, or a similar service.
(b) Beginning July 1, 2019, and annually thereafter, a provider shall file with the Arkansas Public Service Commission documentation demonstrating that the provider has implemented current and applicable technologies to identify and block telecommunications that violate § 4-88-107(a)(11), § 4-88-108(a), § 4-99-108(c), or § 4-99-302(b), as applicable, taking into consideration applicable state and federals laws, federal regulations, and costs.
(c)(1) The commission shall promulgate rules necessary to implement this section.
(2)(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):
(i) On or before July 1, 2020; or
(ii) If approval under § 10-3-309 has not occurred by July 1, 2020, as soon as practicable after approval under § 10-3-309.
(B) The commission shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of July 1, 2020, so that the Legislative Council may consider the rule for approval before July 1, 2020.
(d) The commission shall have exclusive jurisdiction to hear and determine all complaints regarding a provider's compliance with this section.
(e) A provider filing documentation under subsection (b) of this section shall be deemed to be in compliance with this section until the provider is subject to a final order issued by the commission finding the provider has failed to implement current and applicable technologies according to subsection
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-17-122
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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Stable record: arkansas_code:legal_authorities:23-17-122
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3e3aef60e3123b5e480a22695b17ae2ccd597082a294e43ff46650ecd1ce4224
Source location: content.xml paragraph 11788
Stored source content
23-17-122. Annual certification — Definition.
(a) As used in this section, “provider” means an entity that provides a telecommunications service, a Voice over Internet Protocol, commonly known as “VoIP”, service, a commercial radio service, or a similar service.
(b) Beginning July 1, 2019, and annually thereafter, a provider shall file with the Arkansas Public Service Commission documentation demonstrating that the provider has implemented current and applicable technologies to identify and block telecommunications that violate § 4-88-107(a)(11), § 4-88-108(a), § 4-99-108(c), or § 4-99-302(b), as applicable, taking into consideration applicable state and federals laws, federal regulations, and costs.
(c)(1) The commission shall promulgate rules necessary to implement this section.
(2)(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):
(i) On or before July 1, 2020; or
(ii) If approval under § 10-3-309 has not occurred by July 1, 2020, as soon as practicable after approval under § 10-3-309.
(B) The commission shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of July 1, 2020, so that the Legislative Council may consider the rule for approval before July 1, 2020.
(d) The commission shall have exclusive jurisdiction to hear and determine all complaints regarding a provider's compliance with this section.
(e) A provider filing documentation under subsection (b) of this section shall be deemed to be in compliance with this section until the provider is subject to a final order issued by the commission finding the provider has failed to implement current and applicable technologies according to subsection (b) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-107. Deceptive and unconscionable trade practices generally.
(a) Deceptive and unconscionable trade practices made unlawful and prohibited by this chapter include, but are not limited to, the following:
(1) Knowingly making a false representation as to the characteristics, ingredients, uses, benefits, alterations, source, sponsorship, approval, or certification of goods or services or as to whether goods are original or new or of a particular standard, quality, grade, style, or model;
(2) Disparaging the goods, services, or business of another by false or misleading representation of fact;
(3) Advertising the goods or services with the intent not to sell them as advertised;
(4) Refusal of a retailer to deliver to a customer purchasing any electronic or mechanical apparatus the record of warranty and statement of service availability which the manufacturer includes in the original carton or container of the product or the refusal to make available on request information relating thereto;
(5) The employment of bait-and-switch advertising consisting of an attractive but insincere offer to sell a product or service which the seller in truth does not intend or desire to sell, evidenced by:
(A) A refusal to show or a disparagement of the advertised product;
(B) The requirement of a tie-in sale or other undisclosed conditions precedent to the purchase;
(C) A demonstration of a defective product; or
(D) Other acts demonstrating an intent not to sell the advertised product or services;
(6) Knowingly failing to identify flood, water, fire, or accidentally damaged goods as to such damages;
(7) Making a false representation that contributions solicited for charitable purposes shall be spent in a specific manner or for specified purposes;
(8) Knowingly
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-107
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 4-88-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-108. Concealment, suppression, or omission of material facts.
(a) When utilized in connection with the sale or advertisement of any goods, services, or charitable solicitation, the following is unlawful:
(1) The act, use, or employment by a person of any deception, fraud, or false pretense;
(2) The concealment, suppression, or omission of any material fact with intent that others rely upon the concealment, suppression, or omission;
(3) Displaying or causing to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service; or
(4) Using a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's caller identification service.
(b) Subdivision (a)(3) of this section does not apply to the transmission of a caller identification service by a telecommunications provider that complies with § 23-17-122.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-108
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 4-88-108. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-99-108. Information to be provided each prospective purchaser.
(a) If the telephonic seller represents or implies that a prospective purchaser will receive, without charge therefor, certain specific items, or one (1) item from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes, awards, or otherwise, the seller shall provide, at the time the solicitation is made and prior to consummation of any sales transaction, the following:
(1) The manner in which the telephonic seller decides which item or items a particular prospective purchaser is to receive;
(2) The odds a single prospective purchaser has of receiving each described item;
(3) All state rules, federal rules or regulations, terms, and conditions a prospective purchaser must meet in order to receive the item;
(4) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller's principal location; and
(5) The total number of individuals who have actually received from the telephonic seller, during the preceding twelve (12) months or, if the seller has not been in business that long, during the period the seller has been in business, the item having the greatest value and the item with the smallest odds of being received.
(b) No seller shall make or authorize the making of any reference to its compliance with this chapter to any prospective or actual purchaser.
(c)(1) A person making or transmitting a telephone solicitation shall not display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service.
(2) Subdivision (c)(1) of this section does not apply to th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-99-108
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 4-99-108. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-99-302. Prohibition.
(a) It is a violation of this subchapter for any person to make or transmit a telephone solicitation while using any method, including, but not limited to, per call blocking or per line blocking, that prevents caller identification information for the telephone solicitor's lines used to make telephone calls to a consumer from being shown by a device capable of displaying caller identification information.
(b)(1) It is a violation of this subchapter for a person making or transmitting a telephone solicitation by any method to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service.
(2) Subdivision (b)(1) of this section does not apply to the transmission of a caller identification service by a telecommunications provider that complies with § 23-17-122.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-99-302
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 4-99-302. This identifies an authority to review, not proof of applicability.