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4-88-105. Consumer Protection Division.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-105. Consumer Protection Division.
(a) There is created within the office of the Attorney General a Consumer Protection Division.
(b) The director of the division shall be known as the “Consumer Counsel of Arkansas” and shall be appointed by the Attorney General who may also appoint such assistants, investigators, and professional and clerical staff as are necessary for the efficient operation of the division.
(c) The division shall represent and protect the state, its subdivisions, the legitimate business community, and the general public as consumers.
(d) The division shall have the following functions, powers, and duties:
(1) To serve as a central coordinating agency and clearinghouse for receiving complaints of illegal, fraudulent, or deceptive practices;
(2) To assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer public;
(3) To conduct investigations, research, studies, and analyses of matters, to issue reports, and take appropriate action affecting the interests of consumers, which may include the referral of complaints to state and local departments or agencies charged with enforcement of consumer laws, or to private organizations and agencies; however, the division may retain jurisdiction over such matters until resolved;
(4) To promote consumer education and to undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, advertisement, and sale of consumer goods and services, encouraging and supporting activities directed toward these objectives by the Better Business Bureau, consumer organizations, and other associations of like nature;
(5) To investiga
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-105
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:4-88-105
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6a227c3cdbe72852dacf87c2f492c74957643762493b72ff02631325cdee892e
Source location: content.xml paragraph 33971
Stored source content
4-88-105. Consumer Protection Division.
(a) There is created within the office of the Attorney General a Consumer Protection Division.
(b) The director of the division shall be known as the “Consumer Counsel of Arkansas” and shall be appointed by the Attorney General who may also appoint such assistants, investigators, and professional and clerical staff as are necessary for the efficient operation of the division.
(c) The division shall represent and protect the state, its subdivisions, the legitimate business community, and the general public as consumers.
(d) The division shall have the following functions, powers, and duties:
(1) To serve as a central coordinating agency and clearinghouse for receiving complaints of illegal, fraudulent, or deceptive practices;
(2) To assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer public;
(3) To conduct investigations, research, studies, and analyses of matters, to issue reports, and take appropriate action affecting the interests of consumers, which may include the referral of complaints to state and local departments or agencies charged with enforcement of consumer laws, or to private organizations and agencies; however, the division may retain jurisdiction over such matters until resolved;
(4) To promote consumer education and to undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, advertisement, and sale of consumer goods and services, encouraging and supporting activities directed toward these objectives by the Better Business Bureau, consumer organizations, and other associations of like nature;
(5) To investigate violations of laws enacted and rules promulgated for the purpose of consumer protection, and to study the operation of such laws and rules and to recommend to the General Assembly needed changes in law in the consumer's interest; and
(6) To enforce the provisions of this chapter and to perform such other functions as may be incidental to the powers and duties set forth in this chapter.
(e) The expenses of the division shall be paid from funds provided for that purpose by law, including without limitation:
(1) Funds made available by the state, a state agency, or a state political subdivision;
(2) Funds made available by the United States Government or a federal agency; or
(3)(A) Funds deposited into a Consumer Education and Enforcement Account, managed by the division, from settlements or judgments in favor of the state related to a lawsuit or assurance of voluntary compliance in which the state was a party.
(B) The account shall not carry a balance greater than one million dollars ($1,000,000), and the funds in the account shall be used in a manner determined by the office of the Attorney General, including without limitation:
(i) Litigation support;
(ii) Expert witness fees;
(iii) Court filing fees;
(iv) Process server fees;
(v) Witness fees;
(vi) Court costs;
(vii) Court reporter fees;
(viii) Attorney and staff training;
(ix) Travel expenses;
(x) Consumer education;
(xi) Office expenses and improvements; and
(xii) Investigation expenses.
(f)(1) As used in this section, “state agency” includes without limitation:
(A) A state agency, office, or department;
(B) A board or commission; and
(C) A public college or university.
(2) When a settlement is agreed to or a judgment is entered in a lawsuit in which the state is a party receiving all or part of the settlement or judgment, the Attorney General shall distribute the funds in the following manner:
(A) Restitution to Arkansas consumers or state agencies, or for other purposes, as designated by the court order or settlement agreement;
(B) Designation of cash funds to a state agency having a nexus to the underlying litigation;
(C) Payment of attorney's fees or civil penalties under § 4-88-113(a)(1), § 4-88-113(c), or § 4-88-113(e); or
(D) Payment into the account, as authorized by this section.
(3)(A) Funds to be distributed as described in subdivisions (f)(2)(B)-(D) of this section shall be distributed in the manner prescribed by this section within one hundred twenty (120) days of the receipt of the funds.
(B) Restitution funds shall be distributed to Arkansas consumers as soon as is practicable and in accordance with any applicable court order.
(4)(A) The office of the Attorney General shall on a quarterly basis provide to the Legislative Council or Joint Budget Committee a report of all cash funds received from court orders or settlement agreements.
(B) The report shall include:
(i) The case name of the court order or settlement agreement;
(ii) The amount of funds received by the office of the Attorney General for each court order or settlement agreement; and
(iii)(a) A plan for disbursement of the funds.
(b) If cash funds received from a court order or settlement agreement are expended for any purpose, including consumer education and enforcement activities, the report must itemize specific activities subject to the exclusions provided in § 4-88-111 and § 25-1-403(1)(B).
(c) The report shall also itemize the specific consumer education and enforcement activities funded for the office of the Attorney General.
(C) If funds received from a court order or settlement agreement are given to a specific entity by the office of the Attorney General, the report shall include:
(i)(a) Whether or not the court order or settlement agreement directed funds to be given to a specific entity.
(b) If the court order or settlement agreement directs funds to a specific entity, the office of the Attorney General shall provide a summary of input regarding the drafting of the court order or settlement agreement.
(c) If the office of the Attorney General receives funds from a court order or settlement agreement that does not require disbursement of funds to a specific entity, the office of the Attorney General shall report a rationale for disbursing funds to a specific entity; and
(ii) A report of current balances of all unappropriated cash fund holdings received by court order or settlement agreement by the office of the Attorney General.
(D) The quarterly reports shall be provided no later than the fifteenth day of the month immediately following the end of each quarter.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-1-403. Definitions.
As used in this subchapter:
(1)(A) “Expenditure data” means information provided by a state agency regarding the spending of public funds that adequately identifies the purpose, amount, payor, and vendor, if such disclosure is permissible under the Arkansas Freedom of Information Act of 1967, § 25-19-101 et seq., and federal laws or regulations.
(B) “Expenditure data” does not include expenses of pending litigation.
(C) “Expenditure data” includes copies of contingency fee contracts under § 25-16-715;
(2)(A) “State agency” means any agency, department, authority, board, commission, bureau, council, or other agency of the state excluding institutions of higher education.
(B) “State agency” includes without limitation.
(i) The offices of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Auditor of State, and Commissioner of State Lands;
(ii) Legislative commissions, bureaus, and offices;
(iii) Judicial offices;
(iv) Constitutional offices, commissions and departments that receive a state appropriation for the expenditure of state funds, special revenues, or federal funds; and
(v) The Office of the Arkansas Lottery;
(3) “Vendor” means an entity that:
(A) Provides goods and services within its normal business operations;
(B) May provide similar goods and services to many different purchasers; and
(C) Operates in a competitive environment; and
(4) “Website” means a site on the internet:
(A) Identifiable by a specific uniform resource locator;
(B) Accessible to the public at no cost; and
(C) Requiring no information of the user.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-1-403
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 25-1-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-111. Investigations — Procedure — Confidential information.
(a) When the Attorney General determines that an investigation should be made as to whether a person has engaged in, is engaging in, or shows evidence of intent to engage in any practice declared to be unlawful by this chapter, when he or she receives a request for enforcement proceedings from a consumer or labor organization, better business bureau, chamber of commerce, or any state agency, or when he or she receives a written complaint from a consumer of a practice declared to be unlawful under this chapter, he or she may:
(1) Require that person to file a statement or report in writing as to the facts and circumstances concerning the matter, together with such other data as may be reasonably related thereto;
(2) Examine under oath or take the deposition of any person in connection with the matter; and
(3) Examine any merchandise, or sample thereof, sales tickets, or other records relating thereto.
(b) Unless otherwise ordered by a court for good cause shown, no statement or documentary material produced pursuant to a demand under this section shall be produced for inspection or copying by, nor shall the contents thereof be disclosed to, any person other than the authorized employee of the Attorney General without the consent of the person who produced the material.
(c) The Attorney General or any attorney designated by him or her may use the documentary material or copies thereof in the enforcement of this chapter by presentation before any court, provided that any such material which contains trade secrets shall not be presented except with the approval of the court in which the action is pending after adequate notice to the person furnishing such material. However, when material containing
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-111
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 4-88-111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-113. Civil enforcement and remedies — Suspension or forfeiture of charter, franchise, etc.
(a) In any proceeding brought by the Attorney General for civil enforcement of the provisions of this chapter, prohibiting unlawful practices as defined in this chapter, the circuit court may make such orders or judgments as may be necessary to:
(1) Prevent the use or employment by such person of any prohibited practices;
(2)(A) Restore to any purchaser who has suffered any ascertainable loss by reason of the use or employment of the prohibited practices any moneys or real or personal property which may have been acquired by means of any practice declared to be unlawful by this chapter, together with other damages sustained.
(B) In determining the amount of restitution to be awarded under this section, the court shall consider affidavits from nontestifying purchasers, provided that:
(i) The affidavits are offered as evidence of a material fact;
(ii) The affidavits are more probative on the point for which they are offered than any other evidence which the Attorney General can procure through reasonable efforts;
(iii) The interests of justice will be best served by admission of the affidavits; and
(iv) The Attorney General makes the names and addresses of the affiants available to the adverse party sufficiently in advance to provide the adverse party with a fair opportunity to communicate with them; and
(3) Assess penalties to be paid to the state, not to exceed ten thousand dollars ($10,000) per violation, against persons found to have violated this chapter.
(b) Upon petition of the Attorney General, the court may order the suspension or forfeiture of franchises, corporate charters, or other licenses or permits or authorization to do business in this state
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-113
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 4-88-113. This identifies an authority to review, not proof of applicability.