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Arkansas Deceptive Trade Practices Laws

A lot of the advertising seen every day may certainly seem deceptive in some ways, but "deceptive trade practices" go well beyond vague promises and are illegal under federal and state laws. Laws prohibiting certain trade practices considered deceptive, such as odometer tampering or blatantly false advertising, not only protect consumers from fraud but also ensure greater consumer confidence in the marketplace. State attorneys general typically bring claims against businesses on behalf of aggrieved consumers.

Arkansas Deceptive Trade Practice Laws: Overview

Arkansas code prohibits a number of acts considered to be "deceptive and unconscionable trade practices," giving the attorney general authority to prosecute cases. Violations are charged as a Class A misdemeanor, and the state may also file an order for an injunction to stop the offending practice. Offenses under Arkansas law include (but are not limited to) the following:

  • Knowingly selling used or damaged goods as new or unblemished
  • Making false and damaging claims about other businesses or services
  • Promoting an offer of item or service without the intention of following through ("bait and switch")
  • Taking advantage of a customer who is "reasonably unable to protect his or her interest"

More details of Arkansas's deceptive trade practices statute can be found in the following chart. See FindLaw's Consumer Transactions section for related articles.

Uniform Deceptive Trade Practices Act Adopted No
Statute § 4-88-107
False Advertising Forbidden Yes (exception for those falsely advertising unknowingly) (§4-88-107)
Who May Bring Suit (§4-88-111) Attorney general will bring claim, private party files petition with attorney general.
Remedies Available Injunction and return any money for purchased good to consumer; suspend corporate charter or business permit; possible $10,000 fine per violation if violation of injunction willful; actual damages and reasonable attorney's fee §4-88-113; if willful deceptive trade practice, Class A misdemeanor (4-88-103)
Auto Odometer Tampering Forbidden Yes; license may be denied, suspended or revoked for violation (§23-112-308(21))

Note: State laws are constantly changing, either through the enactment of newly signed legislation or through other means. You may also want to contact an Arkansas consumer protection attorney or conduct your own legal research to verify the state law(s) you are researching.

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