Title 4, Business and Commercial Law

(a) Any agreement for sale, lease, or rent of a consumer product by a product promoter in violation of this chapter is void and unenforceable. (b) Any waiver or attempt to waive any of the provisions of this chapter shall be void and unenforceable.

(a) No person shall knowingly tamper with, adjust, alter, change, set back, disconnect, or, with intent to defraud, fail to connect the hour meter of any farm machinery, or cause any of the foregoing to occur to an hour meter of any farm machinery, so as to reflect fewer hours th…

(a) No person shall conspire with any other person to violate this subchapter. (b) Any person who is found to have violated the provisions of this subchapter shall be guilty of a Class A misdemeanor. (c) (1) A violation of this subchapter shall constitute an unfair or deceptive a…

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

(1) As used in this subchapter:(1) “Authorized dealer” means an individual, corporation, or limited liability company authorized by the manufacturer or distributor to sell, barter, or exchange a particular make of new farm machinery;(2) “Collateral charges” means any reasonable a…

(a) (1) When a consumer purchases or leases farm machinery from a seller, the seller shall at the time of purchase or lease transaction:(A) Provide to the consumer a written statement that adequately discloses and explains the rights and obligations of a consumer under this subch…

(1) After notice is provided under § 4-96-303, a manufacturer, a distributor, or an authorized dealer shall have the right to repair a nonconformity of farm machinery:(1) (A) Three (3) times for the same repair issue or thirty (30) days out of service for the same issue under thi…

(a) If a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer does not conform farm machinery to the warranty as required under § 4-96-303, after notice of the nonconformity under § 4-96-303 by repairing or correcting one (1) or more nonconformities th…

(1) It is an affirmative defense to a claim under this subchapter that:(1) A defect or condition does not substantially impair the use, value, or safety of the farm machinery;(2) A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification or alterat…

(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 law. (c) (1) A consumer who prevails in a legal proc…

(a) A legal action brought under this subchapter shall commence within two (2) years following the date a buyer first reports the nonconformity to a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer. (b) (1) Before filing a legal action in court con…

This chapter may be cited as the “Arkansas Retail Pet Store Consumer Protection Act of 1991”.

It is the purpose of this chapter to require certain guarantees from retail pet stores to the purchasers of dogs and cats that are consistent with their unique status as companions rather than commodities. A further purpose is to provide a means by which it can be ensured that th…

(1) For the purposes of this chapter:(1) “Animal” means a dog or cat of any age;(2) “Authorized person” means the Secretary of the Department of Health or his or her delegate, or any law enforcement officer;(3) “Cattery” means an enterprise wherein or whereon the business of groo…

(a) (1) Any person who owns, operates, or establishes a retail pet store within the State of Arkansas shall register, by reporting in writing to the Secretary of the Department of Health:(A) The name of the retail pet store;(B) The location of each housing facility for animals ow…

(a) (1) A retail pet store shall provide to the consumer at the time of sale of an animal a written notice, printed or typed, setting forth the rights provided in subsection (b) of this section.(2) The notice of rights shall have added to it by the retail pet store:(A) The animal…

The State Board of Health may propose, adopt, promulgate, and enforce, in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such additional rules and standards as may be necessary to carry out the intent of this chapter.

(a) It is unlawful for a retail pet store to knowingly give, sell, exchange, barter, or otherwise transfer an animal to any other person if the ultimate destination of the animal is research or killing for dissection. (b) It is unlawful for a retail pet store to kill any animal i…

(a) Any authorized person is entitled to inspect the premises and records of a retail pet store at reasonable hours. (b) Retail pet stores shall make their premises available for inspection by authorized persons at reasonable hours. (c) Each failure to make premises or records av…

(a) Except as provided in subsection (b) of this section, this chapter shall not be construed to prevent or limit the application of any other law. (b) A local government shall not pass an ordinance, resolution, or regulation that prohibits a retail pet store from:(1) Acquiring a…

This chapter shall be known and may be cited as the “Arkansas Pay-Per-Call Consumer Protection Act”.

(1) For the purposes of this chapter, unless the context otherwise requires:(1) “Information provider” means any person, company, or corporation that controls the content of a pay-per-call service. Any telephone corporation that provides basic local exchange service or message te…

(a) (1) An information provider that offers pay-per-call services in this state shall provide a minimum of twelve (12) seconds of delayed timing for an information and disclosure message which shall be reasonable in speed so as to be clearly understandable.(2) A three-second peri…

(1) Any information provider offering pay-per-call service shall utilize advertising that accurately describes the message content, terms, conditions, and price of the offered service in a clear and understandable manner in all print, broadcast, or telephone advertising and annou…

(a) (1) Any consumer injured by a violation of this chapter may bring an action for the recovery of damages.(2) Judgment may be entered for three (3) times the amount at which the actual damages are assessed, plus costs and reasonable attorney's fees. (1) Any consumer injured by …

(a) The General Assembly recognizes that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities has created numerous problems for purchasers and investors which are inimical to good business practices. Telephonic sales h…

This chapter shall be construed liberally in order to achieve these purposes.

(1) As used in this chapter:(1) “Caller identification service” means a service offered by a telecommunications provider that provides caller identification information to a device capable of displaying the information;(2) “Item” means any goods and services and includes coupon b…

(a) (1) Not less than ten (10) days before doing business in this state, a telephonic seller shall register with the Secretary of State by filing the information required by this chapter and a filing fee of one hundred dollars ($100).(2) A seller shall be deemed to do business in…

(1) Each registration filing pursuant to this chapter shall contain the following information:(1) The name or names of the seller, including the name under which the seller is doing or intends to do business, if different from the name of the seller, and the name of any parent or…

(a) A person claiming an exemption from registration as provided by this chapter shall keep full and accurate records in a form that will enable the person to provide to the Secretary of State or the Attorney General upon request the information required to substantiate an exempt…

(a) (1) A telephonic seller shall maintain a bond issued by a surety company authorized to do business in this state.(2) The bond shall be in the amount of fifty thousand dollars ($50,000) in favor of the State of Arkansas for the benefit of a person suffering injury or loss by r…

(a) If the telephonic seller represents or implies that a prospective purchaser will receive, without charge therefor, certain specific items, or one (1) item from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes, awards, or otherwise,…

(a) A telephonic seller shall file with the Secretary of State, in the form prescribed by the Secretary of State, an irrevocable consent appointing the Secretary of State to act as the seller's attorney to receive service of any lawful process in any noncriminal suit, action, or …

(a) (1) A salesperson shall not solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the Secretary of State under this chapter.(2) A salesperson who violates this section shall be guilty of a Class A misdemeanor. (1) A salesperson s…

(a) The provisions of this chapter are not exclusive. The remedies specified in this chapter for violation of any section of this chapter or for conduct proscribed by any section of this chapter shall be in addition to any other procedures or remedies for any violation or conduct…

In any civil proceeding alleging a violation of this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it, and in any criminal proceeding alleging a violation of this chapter, the burden of producing evidence to support a de…

(a) (1) Any person who on behalf of any charity, business, or organization calls a residential phone number for the purpose of soliciting or requesting a contribution or to offer goods or services shall immediately disclose to the person contacted:(A) The caller's identity and th…

(a) (1) No person who calls a residential telephone number for the purpose of offering merchandise for sale shall dispatch a courier or other individual to the residence to collect payment before the consumer has inspected the merchandise.(2) It shall be unlawful for any person w…

(a) (1) For the purposes of this section, “telemarketer” means any person who initiates telephone calls to, or who receives telephone calls from, a consumer in connection with a plan, program, or campaign to market goods and services.(2) The term “telemarketer” does not include a…

(1) For the purpose of this subchapter:(1) “Caller identification service” means a service offered by a telecommunications utility that provides caller identification information to a device capable of displaying the information;(2) “Charitable organization” means any charitable …

(a) It is a violation of this subchapter for any person to make or transmit a telephone solicitation while using any method, including, but not limited to, per call blocking or per line blocking, that prevents caller identification information for the telephone solicitor's lines …

(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 in § 4-88-101 et seq. pertaining to deceptive trade practices. (b) (1) All remedies, penalties, and authority gr…

This subchapter shall be known as the “Arkansas Consumer Telephone Privacy Act”.

(a) The General Assembly finds that:(1) The use of the telephone to market goods and services to the home and to other businesses is now pervasive due to the increased use of cost-effective telemarketing techniques;(2) Unrestricted telemarketing, however, can be an intrusive inva…

(1) As used in this subchapter, unless the context requires otherwise:(1) “Affiliates” means a person or persons wholly owned and operated by a parent entity, which parent entity claims a prior or existing business relationship with a consumer or a parent company whose wholly own…