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Arkansas Code Title 4. Business and Commercial Law § 4-75-1404. Remedies

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

(a) A food facility may bring a civil action to enjoin a violation of this subchapter.

(b)(1) If a court finds that a food delivery platform has acted in violation of this subchapter, the court shall issue an injunction.

(2) In addition to the remedy in subdivision (b)(1) of this section, the court may:

(A) Require the violator to pay to the injured party all profits derived from or damages resulting from the wrongful act; and

(B) Order that the wrongful act be terminated.

(c) If the court finds that the food delivery platform committed the wrongful act in bad faith by not obtaining an agreement or written consent, the court shall:

(1) Enter judgment against the food delivery platform as follows:

(A) For a first violation, a fine of not less than five hundred dollars ($500);

(B) For a second violation, a fine of not less than one thousand dollars ($1,000); and

(C) For a third or subsequent violation, a fine of not less than one thousand five hundred dollars ($1,500); and

(2) Award reasonable attorney's fees to the food facility.

(d) The Attorney General or any prosecuting attorney of the state may bring an action against the food delivery platform for a violation of this subchapter.

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Cite this article: FindLaw.com - Arkansas Code Title 4. Business and Commercial Law § 4-75-1404. Remedies - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-4-business-and-commercial-law/ar-code-sect-4-75-1404/

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