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AR SB164

Bill

Status

Failed

4/27/2011

Primary Sponsor

Jeremy Hutchinson

Click for details

Origin

Senate

88th General Assembly (2011 Regular)

AI Summary

  • Adds new subsection (g) to Arkansas Code § 4-88-113 clarifying that proof of reliance upon a deceptive or unconscionable trade practice is not required to obtain relief under the consumer protection chapter.

  • Modifies civil enforcement provisions to allow courts to restore moneys or property to "a purchaser" (changed from "any a purchaser") who has suffered ascertainable loss from prohibited practices.

  • Updates references in subsections (c), (d), and (e) to include "a plaintiff" alongside the Attorney General in enforcement actions and award of civil penalties up to $10,000 per violation.

  • Clarifies that persons subject to joint and several liability under the chapter are deemed to have purposefully availed themselves of Arkansas activities, establishing personal jurisdiction for court actions.

  • Maintains Attorney General entitlement to recover all reasonably incurred investigation and prosecution expenses, including expert witness fees, plus attorney's fees and costs when judgment is rendered for the state.

Legislative Description

To Clarify That Reliance Is Not An Element Of Proof In Deceptive And Unconscionable Trade Practices Actions.

Last Action

Senate Sine Die adjournment

4/27/2011

Committee Referrals

Judiciary1/27/2011

Full Bill Text

No bill text available