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Arkansas Code Title 4. Business and Commercial Law § 4-102-103. Penalties

Current as of March 28, 2024 | Updated by Findlaw Staff

(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 violation of this chapter is also a violation of the Deceptive Trade Practices Act, § 4-88-101 et seq., and is subject to all of the enforcement provisions of that act.

(B) For the purposes of the assessment of penalties pursuant to the Deceptive Trade Practices Act, § 4-88-101 et seq., each separate violation of this chapter will constitute a separate violation of the Deceptive Trade Practices Act, § 4-88-101 et seq.

(c)(1) Any person suffering a pecuniary loss because of an intentional violation of this chapter may bring an action in any court of competent jurisdiction and shall recover:

(A) Costs;

(B) Reasonable attorney's fees; and

(C) The greater of:

(i) Five hundred dollars ($500); or

(ii) Twice the amount of the pecuniary loss.

(2) It is evidence of intent if the violation occurs after the office of the Attorney General has notified a sponsor that the sponsor is in violation of this chapter.

(d) The relief provided in this section is in addition to remedies or penalties otherwise available in regard to the same conduct under law or under other statutes of this state.

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Cite this article: FindLaw.com - Arkansas Code Title 4. Business and Commercial Law § 4-102-103. Penalties - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-4-business-and-commercial-law/ar-code-sect-4-102-103/

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