Title 4, Business and Commercial Law

(1) The Insurance Commissioner shall:(1) Enforce this subchapter using powers granted to the commissioner in the Arkansas Insurance Code; and(2) Be entitled to seek an injunction against a pharmacy benefits manager in a court of competent jurisdiction. (1) Enforce this subchapter…

(1) 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 informati…

(1) As used in this subchapter:(1) “Actual financial loss” means an ascertainable amount of money that is equal to the difference between the amount paid by a person for goods or services and the actual market value of the goods or services provided to a person;(2) “Caller identi…

Any person who knowingly and willfully commits an unlawful practice under this chapter shall be guilty of a Class A misdemeanor.

In addition to the criminal penalty imposed hereunder, the Attorney General of this state shall have authority, acting through the Consumer Counsel of Arkansas, to file an action in the court designated in § 4-88-112 for civil enforcement of the provisions of this chapter, includ…

(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,…

(a) There may be a Consumer Advisory Board appointed by the Attorney General. (b) (1) If the Attorney General appoints such a board, it shall consist of eleven (11) members serving terms of two (2) years.(2) The membership of the board shall be fairly representative of consumers,…

(a) Deceptive and unconscionable trade practices made unlawful and prohibited by this chapter include, but are not limited to, the following:(1) Knowingly making a false representation as to the characteristics, ingredients, uses, benefits, alterations, source, sponsorship, appro…

(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…

(a) A person who promotes any pyramid promotional scheme engages in an unlawful practice. (b) As used in this section:(1) “Bona fide inventory repurchase program” means a program through which an entity repurchases from an independent salesperson current and marketable inventory …

This subchapter shall be known and may be cited as the “Customer Protections for Net-metering Customers Act”.

(1) As used in this subchapter:(1) “Net-metering customer” has the same meaning as defined in the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq.; and(2) “Net-metering facility” has the same meaning as defined in the Arkansas Cost-Shifting Prevention Act of 202…

(1) The net-metering customer protections shall include without limitation the following, a:(1) Requirement that any person who sells or leases a net-metering facility or who provides a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Ac…

Any violation of this subchapter may be enforced under the powers of the office of the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., including without limitation all enforcement powers.

(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 pr…

(a) In the event any person fails or refuses to file a statement, appear, or produce records as required by § 4-88-111, the Attorney General, acting through the Consumer Counsel of Arkansas, may file, in the circuit court of the county in which the person resides or transacts bus…

(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 b…

(a) (1) In the administration of this chapter, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of the provisions of this chapter from any person who has engaged in or was about to engage in t…

Any civil action brought to enforce the provisions of this chapter may be brought in any court of competent jurisdiction in this state during a period of five (5) years commencing on the date of the occurrence of the violation or the date upon which the cause of action arises.

Any party in an action brought under § 4-88-113(f) shall have the right to a jury trial if the action was pending or filed on or after August 1, 2017.

(a) As used in this section, “durable medical equipment” means a good that qualifies for insurance reimbursement and requires a referral or prescription of a licensed physician or a licensed advanced practice registered nurse. (b) A person shall not represent or advertise that a …

This subchapter shall be known and may be cited as the “Event Ticketing and Resale Consumer Protection Act”.

(1) As used in this subchapter:(1) “Character strings” means a linear sequence of characters that are typically stored in or processed by a computer;(2) “Event” means a theatrical or musical production, concert, show, sporting event, competition, tournament, festival, dance perfo…

(a) (1) A local government shall not enact or adopt an ordinance, policy, regulation, or action that prohibits the sale or resale of a ticket for admission to a legal event at any price or prohibits the charge of any fee in connection with the sale or resale.(2) This section shal…

(a) An individual who is in the business of selling or reselling tickets to an event or venue in this state or an organization, group, association, partnership, or corporation that sells or resells a ticket to an event or venue in this state shall:(1) Guarantee that the consumer …

(a) An individual, organization, group, association, partnership, or corporation that counterfeits, forges, alters, clones, or possesses a ticket, card, wristband, or other medium that accesses or is associated with a ticket, or a ticket, token, or paper designed for admission to…

(a) (1) An individual, organization, group, association, partnership, or corporation violating this subchapter is guilty of a violation.(2) Upon conviction, an individual, organization, group, association, partnership, or corporation shall be fined in a sum not less than one hund…

This subchapter shall be known and may be cited as the “Protection of Minors from Distribution of Harmful Material Act”.

(a) The General Assembly finds that:(1) Pornography is creating a public health crisis and is a corroding influence on minors;(2) Due to advances in technology, the widespread availability of the internet, and limited age verification requirements, minors are exposed to pornograp…

(1) As used in this subchapter:(1) (A) “Commercial entity” means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity.(B) “Commercial entity” includes a third-party vendor;(2) “Digitized identification…

(a) A commercial entity shall use a reasonable age verification method before allowing access to a website that contains a substantial portion of material that is harmful to minors. (b) Reasonable age verification methods under subsection (a) of this section include providing:(1)…

(a) (1) A commercial entity that knowingly and intentionally publishes or distributes material that is harmful to minors on the internet from a website that contains a substantial portion of material that is harmful to minors is liable if the commercial entity fails to perform re…

(1) As used in this subchapter:(1) “Account holder” means an individual who primarily uses, manages, or otherwise controls an account or a profile to use a social media platform;(2) “Arkansas user” means an individual who is a resident of the State of Arkansas and who accesses or…

(a) A social media company shall not permit an Arkansas user who is a minor to be an account holder on the social media company's social media platform unless the minor has the express consent of a parent or legal guardian. (b) (1) A social media company shall verify the age of a…

(a) (1) A social media company that knowingly violates this subchapter is liable if the social media company fails to perform a reasonable age verification.(2) If a social media company performs a reasonable age verification, the social media company shall not retain any identify…

(a) A commercial entity or third-party vendor shall not retain any identifying information of an individual after access to the social media platform has been granted. (b) A commercial entity that is found to have knowingly retained identifying information of an individual after …

(a) A social media platform shall implement technological measures to prevent circumvention of age verification protocols, including without limitation:(1) Monitoring for suspicious activity, including without limitation the use of false or repeated credentials; and(2) Preventing…

(a) As used in this subchapter:(1) (A) “Immediate connection” means the:(i) Final link in the chain of the content's supply;(ii) Application on which the content is viewed; or(iii) Service or website on which the content is viewed.(B) “Immediate connection” does not include the:(…

(a) A social media platform shall not use a design, algorithm, or feature that the social media platform knows, or should have known through the exercise of reasonable care, causes a user to:(1) Purchase a controlled substance;(2) Develop an eating disorder;(3) Commit or attempt …

(a) A social media platform that knowingly and willfully violates this section is liable under this subsection for:(1) A civil penalty not to exceed ten thousand dollars ($10,000) per violation; and(2) An award of litigation costs and reasonable attorney's fees in an action broug…

This subchapter shall be known and may be cited as the “Arkansas Children and Teens' Online Privacy Protection Act”.

(1) As used in this subchapter:(1) “Child” means an individual twelve (12) years of age or younger in the State of Arkansas;(2) “Connected device” means a device that is capable of connecting to the internet, directly or indirectly, or to another connected device;(3) “Consent” me…

(a) (1) Except as provided in subdivision (a)(2) of this section, it is unlawful for an operator of a website, online service, online application, or mobile application directed at children or teens or for any operator of a website, online service, online application, or mobile a…

(a) In a case in which the Attorney General has reason to believe that an interest of the residents of the state has been or is threatened or adversely affected by the engagement of any person in a practice that violates the provisions of this subchapter, the Attorney General may…

(1) This subchapter shall not be construed to require an operator to:(1) Affirmatively collect any personal information regarding the age of a child or teen that an operator is not already collecting in the normal course of business; or(2) Implement an age-gating or age verificat…

This subchapter shall be known and may be cited as the “Child Content Creation Protection Act”.