Title 4, Business and Commercial Law

All moneys derived from the listing charge described in § 4-99-404 shall be deposited into the State Treasury to the credit of the State Central Services Fund as a direct revenue to be used exclusively to defray the cost associated with the creation and maintenance of the databas…

(1) As used in this subchapter, unless the context requires otherwise:(1) “Lease” means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle;(2) “Motor vehicle” means a device in, on, or by which a pe…

(a) Any sublease or transfer, or attempted sublease or transfer, in violation of this subchapter shall constitute a deceptive trade practice as defined by § 4-88-101 et seq., and any and all remedies available thereto shall be available to the Attorney General for the enforcement…

(a) A person engages in an act of unlawful subleasing or transfer of a motor vehicle if all of the following conditions are met:(1) The vehicle is subject to a lease contract, an installment sales agreement, or a security agreement, the terms of which prohibit the transfer or ass…

(a) A person engaged in the business of selling fracture-filled or clarity-enhanced diamonds or jewelry containing fracture-filled diamonds shall:(1) Disclose to the customer that the diamond has been treated and that it is a fracture-filled or clarity-enhanced diamond; and(2) Po…

(a) The General Assembly has become aware of the avalanche of sweepstakes, contests, and prize promotions that have been and are being directed at Arkansas consumers and recognizes that consumers are often misled by these sweepstakes, contests, and prize promotions. The General A…

(1) As used in this chapter, unless the context otherwise requires:(1) “Prize” means a gift, award, or other item or service that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection pro…

(a) Nothing in this chapter shall be construed to permit an activity otherwise prohibited by law. (b) (1) Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter.(2) (A) A vio…

(a) Nothing in this chapter creates liability for the acts by the publisher, owner, agent, or employee of a newspaper, periodical, radio station, television station, cable television station system, or other advertising medium arising out of the publication or dissemination of a …

(1) A sponsor shall not do any of the following:(1) Offer a prize to any person except in accordance with the requirements of this chapter;(2) (A) Deliver a written prize notice, or an envelope containing a written prize notice that contains language or is designed in a manner th…

(a) No sponsor shall offer a prize nor shall a sponsor use any solicitation, whether written or oral, and however communicated, that offers a prize, unless the person to whom such offer is made has first received a written prize notice containing the information required in subse…

(1) A sponsor who represents to a person that the person has been awarded a prize shall, not later than thirty (30) days after making a representation, provide the person with the prize, or with a voucher, certificate, or other document giving the person the unconditional right t…

(a) All provisions of this chapter apply to prize offers made by way of telephone communication. (b) Sponsors of the offers shall not solicit or accept the payment of any money from any person unless that person has first received the written prize notice as required by this chap…

All prize offers, including telephone prize offers, in which the sponsor has initiated contact, regardless of his or her location, and the consumer's agreement to pay is made at the consumer's home and is an agreement to pay more than twenty-five dollars ($25.00) is a home solici…

(1) As used in this subchapter:(1) (A) “Charitable organization” means any nonprofit corporation that is or holds itself out to be established for a charitable purpose or any person who employs a charitable appeal as the basis for any solicitation or appeal that suggests, directl…

(a) Any container used by any charitable organization in a public place to solicit contributions by offering a product for sale or distribution for solicitation purposes shall have a disclosure label attached to it. (b) Any charitable organization that knowingly places a containe…

(1) No charitable organization shall be liable for prosecution under this subchapter for failure to place a disclosure label on any container if:(1) The container generates less than one hundred dollars ($100) gross per annum; or(2) The charitable organization generates less than…

(a) (1) Any violation of the provisions of this subchapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive T…

The provisions of this subchapter shall be supplemental to the laws of this state pertaining to charitable fraud or fraudulent practices.

(1) As used in this subchapter:(1) “Credit card” means:(A) Any card, plate, or other single credit device that may be used from time to time to obtain credit.(B) Checks and similar instruments that can be used only once to obtain a single credit extension are not credit cards;(2)…

(a) (1) It is unlawful to:(A) Solicit any person to apply for a credit card in an academic building and within one hundred feet (100′) of an academic building on the campus of an institution of higher education; or(B) Offer gifts or any other promotional incentives to any person …

If the institution of higher learning permits solicitations at athletic events, the institution shall include a credit seminar within the institution's freshman orientation.

Any credit card issuer violating this subchapter shall be guilty of a violation and fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each violation.

(1) For purposes of this subchapter:(1) (A) “Assistive device” means a:(i) Manual wheelchair;(ii) Motorized wheelchair;(iii) Motorized scooter designed to enhance the mobility of a disabled person; or(iv) Van lift.(B) “Assistive device” does not include a device having a value of…

(a) A manufacturer who in the State of Arkansas sells an assistive device to a consumer shall provide to the consumer an express warranty to continue no less than one (1) year after first delivery of the assistive device. (b) In the absence of an express warranty from the manufac…

If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for …

(a) A reasonable amount of time to fix a nonconformity shall be thirty (30) calendar days, with the exchange of a substitute of the consumer's assistive device at the option of the consumer. (b) If, after a reasonable attempt to repair, the nonconformity is not repaired, then at …

(a) The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at…

(a) (1) To receive a comparable new assistive device or a refund due under the provisions of this subchapter, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer.(2) No la…

(1) It shall be unlawful and a violation of this subchapter for any person to sell, market, promote, advertise, or otherwise distribute any card or other purchasing mechanism or device which is not insurance that purports to offer discounts or access to discounts from healthcare …

(a) The Attorney General, any person, firm, private corporation, municipal or other public corporation, or trade association may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and for the recovery of damages. (b) Any person subject t…

(1) Any person who sells, markets, promotes, advertises, or otherwise distributes any card or other purchasing mechanism or device which is not insurance that purports to offer discounts from healthcare providers in health-related purchases in Arkansas shall:(1) Designate an agen…

Nothing in this subchapter shall be construed to apply to eye or vision care services, glasses, or contact lenses provided by an optometrist or ophthalmologist.

(a) In addition to any other right to revoke an offer, a buyer who enters into a contract for the purchase of a health-related discount card or other purchasing mechanism or device has the absolute right to cancel the contract and receive a full refund without penalty until midni…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Card issuer” means any person who issues a credit card or the agent of the person with respect to the credit card;(2) “Cardholder” means any person to whom a credit card is issued or any person who has agr…

(a) If a credit cardholder transfers an outstanding credit card balance from one credit card account to another credit card account, the creditor issuing the credit card from which the outstanding balance was transferred shall not collect any interest or any other fees attributab…

(a) (1) Further, a violation of the provisions of this subchapter by a credit card issuer or creditor issuing a credit card shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, an…

Notwithstanding the federal Consumer Credit Protection Act, 15 U.S.C. § 1601 et seq., or any other federal or state laws protecting the rights of consumers who are issued credit cards in this state or other states, the provisions of this subchapter shall apply to all qualifying c…

(1) The General Assembly finds, determines, and declares that:(1) Credit, particularly the use of credit cards, is an important tool for consumers in today's economy;(2) Unscrupulous persons often fraudulently use the credit card accounts of others by stealing the credit card its…

(1) As used in this subchapter:(1) “Authorized user” means a person granted express, implied, or apparent authority to use a cardholder's credit card or credit card number;(2) “Cardholder” means the named credit card account member and co-applicant who applies for or accepts the …

(a) No person, firm, partnership, association, corporation, limited liability company, or other entity accepting credit cards for the transaction of business shall print more than the last five (5) digits of the credit card account number, the credit card expiration date, or both…

(1) The acceptance of the terms and conditions of a credit card account by a cardholder may be established as binding and enforceable by:(1) The written or electronic signature or other electronic record of acceptance by the cardholder; or(2) The use of the credit card account by…

(a) A cardholder is personally liable for charges and interest incurred by the named credit card account member, any coapplicant, or any authorized user on the credit card account of the cardholder. (b) A cardholder is not liable for charges and interest incurred on the credit ca…

(a) A creditor may establish a presumption of correctness of its ownership of the credit card account and the amount of the charges and interest that is owed on a credit card account by:(1) Filing a copy of the credit card issuer's final billing statement or charge-off statement;…

(1) A creditor may establish the contracted interest rate for a credit card account by:(1) Documenting the acceptance of the terms and conditions that contain a stated or variable interest rate by a cardholder of the credit card account; or(2) Any billing statement generated by t…

(a) There should be uniform requirements for engine fuels, petroleum products, and automotive lubricants among the several states. (b) This subchapter provides for the establishment of quality specifications for these products.