Title 4, Business and Commercial Law

(a) (1) A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair, or replacement.(2) If the mileage cannot remain the same:(A) The person shall adjust the odometer to zero; and…

(a) (1) A person transferring his or her ownership of a motor vehicle shall give the transferee a written or electronic disclosure:(A) Of the cumulative mileage registered by the odometer; or(B) That the mileage is not actual, if the transferor knows that the mileage registered b…

(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 enforc…

This subchapter is intended to apply only to parts that are aftermarket crash parts as defined in this subchapter and to the documents prepared in the repair estimate process. It is not intended to apply to any mechanical automotive parts or used parts of any kind or to any invoi…

(1) As used in this subchapter:(1) “Aftermarket crash part” means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;(2) “Installer” means an individual who performs …

Any person who violates any provision of this subchapter shall, upon conviction, be guilty of a violation and shall be subject to the penalty prescribed in § 5-4-201(c)(1).

Any nonoriginal equipment manufacturer aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1992, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. The manufacturer's logo, identif…

(a) In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer or repair facility shall clearly identify such parts. (b) A disclosure document attached to the estima…

Whenever repairs are made involving replacement crash parts, as defined in this subchapter, and the vehicle is still under the manufacturer's original warranty, only original equipment manufacturer replacement crash parts may be used by the repair facility unless the owner gives …

Every insurer that writes motor vehicle insurance and that intends to require or specify the use of aftermarket parts must disclose to its policyholders in writing, either in the policy or on an attached sticker, the following information in no smaller than 10-point type: “IN THE…

This subchapter shall be known and may be cited as the “Arkansas New Motor Vehicle Quality Assurance Act”.

The General Assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The General Assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service ag…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Calendar day” means any day of the week other than a legal holiday;(2) “Collateral charges” means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle.…

(a) (1) A consumer shall utilize the informal dispute settlement proceeding provided for in this subchapter prior to bringing any legal action to enforce the consumer's rights under this subchapter, if the manufacturer has made the disclosure required by subsection (b) of this se…

If a motor vehicle does not conform to the warranty and the consumer reports the nonconformity to the manufacturer, its agent, or authorized dealer during the motor vehicle quality assurance period, the manufacturer, its agent, or authorized dealer shall make repairs as are neces…

(a) (1) After three (3) attempts have been made to repair the same nonconformity that substantially impairs the motor vehicle, or after one (1) attempt to repair a nonconformity that is likely to cause death or serious bodily injury, the consumer shall give written notification, …

(a) (1) Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear.(2) If applicable, refunds shall be made to the lessor and lessee as follows:(A) The lessee shall receive the lessee cost less a reasonable offset for use; and(B) The les…

Whenever a vehicle is replaced or refunded under this subchapter, the manufacturer shall reimburse the consumer for necessary towing and rental costs actually incurred as a direct result of the nonconformity.

A consumer has the option of retaining the use of any vehicle returned under this subchapter until the time that the consumer has been tendered a full refund or a replacement vehicle of comparable value.

(a) A rebuttable presumption of a reasonable number of attempts to repair is considered to have been undertaken to correct a nonconformity if:(1) The nonconformity has been subject to repair as provided in § 4-90-406(a), but the nonconformity continues to exist;(2) The vehicle is…

(a) A manufacturer, its agent, or authorized dealer may not refuse to diagnose or repair any vehicle for the purpose of avoiding liability under this subchapter. (b) (1) (A) A manufacturer, its agent, or authorized dealer shall provide a consumer with a written repair order each …

(a) If a motor vehicle has been replaced or repurchased by a manufacturer as the result of a court judgment, an arbitration award, or any voluntary agreement entered into between a manufacturer or a manufacturer through its authorized dealer and a consumer that occurs after a con…

(1) It is an affirmative defense to any claim under this subchapter that:(1) The nonconformity, defect, or condition does not substantially impair the use, value, or safety of the motor vehicle;(2) The nonconformity, defect, or condition is the result of an accident, abuse, negle…

(a) (1) Any manufacturer doing business in this state, entering into franchise agreements for the sale of its motor vehicles in this state, or offering express warranties on its motor vehicles sold or distributed for sale in this state, shall operate or participate in an informal…

(a) A consumer may bring a civil action to enforce this subchapter in a court of competent jurisdiction. (b) This subchapter does not limit the rights and remedies that are otherwise available to a consumer under any applicable provisions of law. (c) A consumer who prevails in an…

(a) An action brought under this subchapter must be commenced within two (2) years following the date the buyer first reports the nonconformity to the manufacturer, its agent, or authorized dealer. (b) When the buyer has commenced an informal dispute settlement procedure describe…

A violation of any of the provisions of this subchapter shall be deemed a deceptive trade practice under § 4-88-101 et seq.

This subchapter is known and may be cited as the “Motor Vehicle Service Contract Act”.

(1) As used in this subchapter:(1) “Affiliate” means an entity that is owned at least fifty-one percent (51%) by the same entity that holds at least fifty-one percent (51%) of the seller of a motor vehicle;(2) “Commissioner” means the Insurance Commissioner for the State of Arkan…

This subchapter shall apply to motor vehicle service contracts sold on or after May 1, 1993.

(a) Except as provided in this subchapter, a motor vehicle service contract provider and warrantor are governed by this subchapter and are exempt from the Arkansas Insurance Code. (b) (1) This subchapter shall not prohibit or affect the giving, free of charge, of the usual warran…

(a) A motor vehicle service contract or theft protection program warranty shall not be issued, sold, or offered for sale in this state unless a motor vehicle service contract provider or warrantor is insured under a reimbursement insurance policy issued by an insurer authorized t…

(1) A motor vehicle service contract or theft protection program warranty issued or sold for delivery in this state shall contain the following disclosures, as applicable, in a conspicuous and readable manner:(1) The name and address of the:(A) Motor vehicle service contract prov…

(1) No motor vehicle service contract may be issued, sold, or offered for sale or delivery in this state unless the service contract conspicuously states that the holder is allowed to cancel the service contract:(1) Within thirty (30) days of its purchase, if no claim has been ma…

(a) The Insurance Commissioner may adopt such administrative rules as are necessary to implement the provisions of this subchapter. (b) The commissioner may promulgate rules providing for the filing with the commissioner of motor vehicle service contract forms by motor vehicle se…

(a) The Insurance Commissioner is authorized to conduct such investigations of the motor vehicle service contract and theft protection program business of any motor vehicle service contract provider or warrantor and of any person assisting the motor vehicle service contract provi…

Motor vehicle service contract providers and warrantors are subject to the Trade Practices Act, § 23-66-201 et seq., to the extent the Trade Practices Act, § 23-66-201 et seq., may be appropriately applied to motor vehicle service contract providers and warrantors given the natur…

(1) A motor vehicle service contract or theft protection program warranty shall not be issued that:(1) Is a violation of or does not comply with this subchapter, any specifically applicable provision of the Arkansas Insurance Code, or any applicable rule of the State Insurance De…

As used in this subchapter, “debt cancellation agreement” means a loan term or contractual arrangement modifying a loan term dealing with motor vehicles under which a lender agrees to cancel all or part of a borrower's obligation to repay an extension of credit from the lender up…

A lender shall not require a borrower to purchase a debt cancellation agreement.

(1) All terms of a debt cancellation agreement shall be printed or reproduced to render all material provisions of the agreement legible and shall clearly and conspicuously disclose the following information:(1) If the debt cancellation agreement is provided by or administered by…

(1) No debt cancellation agreement shall be issued that:(1) Is in any respect in violation of or does not comply with this subchapter;(2) Contains or incorporates by reference if incorporation by reference is otherwise permissible any inconsistent, ambiguous, illusory, or mislead…

(a) Debt cancellation agreements and sellers of debt cancellation agreements are subject to the provisions of § 4-88-101 et seq., and any violation of any of the provisions of this subchapter constitutes an unconscionable or deceptive act or practice under § 4-88-101 et seq. (b) …

(a) The General Assembly finds that guaranteed asset protection waivers are not insurance. (b) It is the intent of the General Assembly that all guaranteed asset protection waivers issued in this state, before or after the enactment of this subchapter, are not to be considered in…

(1) As used in this subchapter:(1) “Administrator” means a person, other than an insurer or creditor, that performs administrative or operational functions under a guaranteed asset protection waiver program;(2) “Borrower” means a debtor, retail buyer, or lessee under a finance ag…

(a) A guaranteed asset protection waiver may be offered, sold, or provided to a borrower in this state under this subchapter. (b) At the option of the creditor that offers the guaranteed asset protection waiver, a guaranteed asset protection waiver may:(1) Be sold for a single pa…