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4-95-104. Penalties — Civil.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-95-104. Penalties — Civil.
In addition to the criminal penalty imposed in § 4-95-103, the Consumer Protection Division shall have authority to file a petition in the Pulaski County Circuit Court for civil enforcement of the provisions of this chapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or any other entity from engaging in any unlawful practice. Violation of any of the provisions of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. 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 him or her or the enforcement of this chapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-95-104
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:4-95-104
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2b19f7c7741cdcb1356051c55ae9fd34bd0b7bebda0a6b6289af8630ab8197c9
Source location: content.xml paragraph 36349
Stored source content
4-95-104. Penalties — Civil.
In addition to the criminal penalty imposed in § 4-95-103, the Consumer Protection Division shall have authority to file a petition in the Pulaski County Circuit Court for civil enforcement of the provisions of this chapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or any other entity from engaging in any unlawful practice. Violation of any of the provisions of this chapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. 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 him or her or the enforcement of this chapter.
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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
4-95-103. Penalties — Criminal.
Any person who knowingly commits a practice defined as unlawful in this chapter shall be guilty of a Class B misdemeanor and upon conviction in the appropriate court of any county in this state in which any portion of the unlawful practice occurred shall be subject to punishment accordingly. If the amount in question solicited exceeds two hundred dollars ($200), the offense shall constitute a Class D felony.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-95-103
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. The source passage cites 4-95-103. This identifies an authority to review, not proof of applicability.