Arkansas Deceptive Trade Practices Laws

Arkansas has not adopted the Uniform Deceptive Trade Practices Act.  Deceptive trade practices in the state are dealt under Title IV, Chapter 88 of the Arkansas Code.  Under Section 4-88-107 of the Code, it is unlawful and forbidden to advertise goods or services with no intention to sell them as advertised.  Similarly, the use of bait-and-switch advertising is also considered to be a deceptive and unconscionable trade practice.  Such advertisements consist of attractive offers which are mostly insincere and the seller does not intend to actually sell.

The Attorney General is empowered to bring an action under Section 4-88-111 of this Chapter.  Section 4-88-103 provides that willful deceptive trade practices will amount to Class A misdemeanor.  Upon an action brought by the Attorney General, the Court may pass orders or judgments necessary to prevent any prohibited practices by any persons.  The Court may also restore any ascertainable loss.  The Court may impose a penalty not exceeding $10,000 for every violation.  The court may also suspend or forfeit franchises, corporate charters, or other licenses, permits or authorization to do business in Arkansas.  The party at loss can recover actual damages and reasonable attorney’s fees.  By the authority of Section 4-88-104, Attorney General may also approach the Court for an injunction preventing individuals from such unlawful practices.
An application for a license will be denied and a granted license will be revoked or suspended if an individual disconnects, turns back or resets the odometer of any motor vehicle.  This action is pursuant to Section 23-112-308 of the Arkansas Motor Vehicle Commission Act provided under Arkansas Code.

A.C.A. § 4-88-107

Deceptive and unconscionable trade practices generally.

(3) Advertising the goods or services with the intent not to sell them as advertised;
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(5) The employment of bait-and-switch advertising consisting of an attractive but insincere offer to sell a product or service which the seller in truth does not intend or desire to sell, evidenced by:
(A) A refusal to show or a disparagement of the advertised product;
(B) The requirement of a tie-in sale or other undisclosed conditions precedent to the purchase;
(C) A demonstration of a defective product; or
(D) Other acts demonstrating an intent not to sell the advertised product or services;
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A.C.A. § 4-88-113
Civil enforcement and remedies — Suspension or forfeiture of charter, franchise, etc.
(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 by such person of any prohibited practices;
(2)  (A) Restore to any purchaser who has suffered any ascertainable loss by reason of the use or employment of the prohibited practices any moneys or real or personal property which may have been acquired by means of any practice declared to be unlawful by this chapter, together with other damages sustained.
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(3) Assess penalties to be paid to the state, not to exceed ten thousand dollars ($10,000) per violation, against persons found to have violated this chapter.
(b) Upon petition of the Attorney General, the court may order the suspension or forfeiture of franchises, corporate charters, or other licenses or permits or authorization to do business in this state.
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(f) Any person who suffers actual damage or injury as a result of an offense or violation as defined in this chapter has a cause of action to recover actual damages, if appropriate, and reasonable attorney’s fees.

A.C.A. § 4-88-103

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

A.C.A. § 4-88-104

Injunctions.
In addition to the criminal penalty imposed hereunder, the Attorney General of this state shall have authority, acting through the Consumer Counsel, to file an action in the court designated in § 4-88-112 for civil enforcement of the provisions of this chapter, including, but not limited to, the seeking of restitution and the seeking of an injunction prohibiting any person from engaging in any deceptive or unlawful practice prohibited by this chapter.

A.C.A. § 4-88-111

Investigations — Procedure — Confidential information.
(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 proceedings from a consumer or labor organization, better business bureau, chamber of commerce, or any state agency, or when he or she receives a written complaint from a consumer of a practice declared to be unlawful under this chapter, he or she may:
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A.C.A. § 23-112-308

Denial, revocation, and suspension.
(a) Notwithstanding any other statute, the Arkansas Motor Vehicle Commission may deny an application for a license or revoke or suspend a license after it has been granted for any of the following reasons:

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(21) Disconnecting, turning back, or resetting the odometer of any motor vehicle in violation of state or federal law;

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Inside Arkansas Deceptive Trade Practices Laws