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4-88-108. Concealment, suppression, or omission of material facts.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-88-108
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 03fa94266030f055698a32608e32ec625d2d35683e94cefe4f8fead3de49d9a0
Source location: content.xml paragraph 34153
Stored source content
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.
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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. The source passage cites 23-17-122. This identifies an authority to review, not proof of applicability.