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4-90-207. Civil actions by private persons.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-90-207
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e8f3794c73476f16712f771584deb4910f896390267a05727e8abf983dceaaa3
Source location: content.xml paragraph 35285
Stored source content
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.
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