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AR HB1742

Bill

Status

Passed

4/7/2017

Primary Sponsor

Laurie Rushing

Click for details

Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Defines "actual financial loss" as the difference between the amount paid for goods or services and their actual market value in deceptive trade practice cases.

  • Restricts damages in deceptive trade practice lawsuits to actual financial loss proximately caused by reliance on unlawful practices, with reasonable attorney's fees available.

  • Prohibits private class actions under deceptive trade practice laws unless the claim involves a violation of Arkansas Constitution, Amendment 89.

  • Requires claimants to prove individually that they suffered actual financial loss caused by their reliance on an unlawful practice to prevail in a claim.

  • Grants parties the right to a jury trial in deceptive trade practice actions filed or pending on or after the effective date of the act.

Legislative Description

Concerning A Civil Action Involving A Deceptive Trade Practice; And To Define The Measure Of Damages In A Case Involving A Deceptive Trade Practice.

Last Action

Notification that HB1742 is now Act 986

4/7/2017

Committee Referrals

Insurance & Commerce3/22/2017
Judiciary3/21/2017
Insurance and Commerce3/1/2017

Full Bill Text

No bill text available