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4-90-203. Penalties and enforcement.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-90-203. Penalties and enforcement.
(a)(1)(A) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.
(B) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter, including, but not limited to, an action to:
(i) Enjoin the violation; and
(ii) Recover:
(a) Amounts for which the person is liable under § 4-90-207(a) to each private person; and
(b) Costs, investigative costs, and reasonable attorney's fees.
(2)(A) An action under this subsection may be brought in an appropriate court of competent jurisdiction in the county in which the person resides or transacts business or in the judicial district in which the state capital is located.
(B) The action must be brought not later than five (5) years after the claim accrues.
(b)(1) Any person who is found to have violated this subchapter shall be guilty of a felony and imprisoned for not more than three (3) years and subject to a fine of not more than fifty thousand dollars ($50,000) for each violation.
(2) If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly and willfully authorizes, orders, or performs an act in violation of this subchapter or a rule prescribed or order issued under this subchapter, without regard to penalties imposed on the corporation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-90-203
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:4-90-203
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d1765f9fc432b0b123a5eef998cd7d0c4834a65f2ec45e95693b99b439e5d00a
Source location: content.xml paragraph 35183
Stored source content
4-90-203. Penalties and enforcement.
(a)(1)(A) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.
(B) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter, including, but not limited to, an action to:
(i) Enjoin the violation; and
(ii) Recover:
(a) Amounts for which the person is liable under § 4-90-207(a) to each private person; and
(b) Costs, investigative costs, and reasonable attorney's fees.
(2)(A) An action under this subsection may be brought in an appropriate court of competent jurisdiction in the county in which the person resides or transacts business or in the judicial district in which the state capital is located.
(B) The action must be brought not later than five (5) years after the claim accrues.
(b)(1) Any person who is found to have violated this subchapter shall be guilty of a felony and imprisoned for not more than three (3) years and subject to a fine of not more than fifty thousand dollars ($50,000) for each violation.
(2) If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly and willfully authorizes, orders, or performs an act in violation of this subchapter or a rule prescribed or order issued under this subchapter, without regard to penalties imposed on the corporation.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-90-207. Civil actions by private persons.
(a)(1) A person who violates this subchapter or a rule prescribed under this subchapter with intent to defraud is liable for three (3) times the actual damages or one thousand five hundred dollars ($1,500), whichever is greater.
(2)(A) A person may bring a civil action to enforce a claim under this subsection in an appropriate court of competent jurisdiction.
(B) The action must be brought not later than five (5) years after the claim accrues.
(C) The court shall award costs and a reasonable attorney's fee to the person when a judgment is entered for that person.
(b) Nothing in this subchapter, however, shall in any way limit any other statutory or common law rights, causes of actions, or remedies which are otherwise available to a person, including, but not limited to, actions for:
(1) Breach of warranty;
(2) Fraud;
(3) Negligent misrepresentation;
(4) Intentional misrepresentation;
(5) Deceptive trade practices actions;
(6) Rescission; or
(7) Revocation of acceptance.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-90-207
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 4-90-207. This identifies an authority to review, not proof of applicability.