Browse Arkansas Code titles and sections
4-102-103. Violations.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-102-103. Violations.
(a) Nothing in this chapter shall be construed to permit an activity otherwise prohibited by law.
(b)(1) Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter.
(2)(A) A violation of this chapter is also a violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and is subject to all of the enforcement provisions of that act.
(B) For the purposes of the assessment of penalties pursuant to the Deceptive Trade Practices Act, § 4-88-101 et seq., each separate violation of this chapter will constitute a separate violation of the Deceptive Trade Practices Act, § 4-88-101 et seq.
(c)(1) Any person suffering a pecuniary loss because of an intentional violation of this chapter may bring an action in any court of competent jurisdiction and shall recover:
(A) Costs;
(B) Reasonable attorney's fees; and
(C) The greater of:
(i) Five hundred dollars ($500); or
(ii) Twice the amount of the pecuniary loss.
(2) It is evidence of intent if the violation occurs after the office of the Attorney General has notified a sponsor that the sponsor is in violation of this chapter.
(d) The relief provided in this section is in addition to remedies or penalties otherwise available in regard to the same conduct under law or under other statutes of this state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-102-103
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:4-102-103
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1c0c929476b5d921810a5fffa3df3fa3bf65fc7f24aeef5d98d8a7c31fbc612f
Source location: content.xml paragraph 37259
Stored source content
4-102-103. Violations.
(a) Nothing in this chapter shall be construed to permit an activity otherwise prohibited by law.
(b)(1) Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter.
(2)(A) A violation of this chapter is also a violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and is subject to all of the enforcement provisions of that act.
(B) For the purposes of the assessment of penalties pursuant to the Deceptive Trade Practices Act, § 4-88-101 et seq., each separate violation of this chapter will constitute a separate violation of the Deceptive Trade Practices Act, § 4-88-101 et seq.
(c)(1) Any person suffering a pecuniary loss because of an intentional violation of this chapter may bring an action in any court of competent jurisdiction and shall recover:
(A) Costs;
(B) Reasonable attorney's fees; and
(C) The greater of:
(i) Five hundred dollars ($500); or
(ii) Twice the amount of the pecuniary loss.
(2) It is evidence of intent if the violation occurs after the office of the Attorney General has notified a sponsor that the sponsor is in violation of this chapter.
(d) The relief provided in this section is in addition to remedies or penalties otherwise available in regard to the same conduct under law or under other statutes of this state.
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.