§ 23-52-117 - Complaints. - Arkansas Statutes

23-52-117. Complaints.

(a) Without limiting any other right, power, or remedy of the State Board of Collection Agencies under this chapter or the Attorney General pursuant to authority granted under 4-88-101 et seq. pertaining to deceptive trade practices, any person aggrieved by the conduct of a check-casher under this chapter in connection with the regulated activities of the check-casher may file a written complaint with the board, which may investigate the complaint.

(b) In the course of the investigation of the complaint, the board may do any or all of the following:

(1) Subpoena witnesses;

(2) Administer oaths;

(3) Examine any individual under oath; and

(4) Compel the production of records, books, papers, contracts, or other documents relevant to the investigation.

(c) If a person fails to comply with a subpoena of the board under this chapter or to testify concerning any matter about which the person may be interrogated under this chapter, the board may petition any court of competent jurisdiction for enforcement.

(d) The permit of any check-casher under this chapter who fails to comply with a subpoena of the Chairman of the State Board of Collection Agencies may be suspended pending compliance with the subpoena.

(e) A person who willfully makes charges in excess of those permitted by 23-52-104 or a person who willfully engages in the check-cashing business in violation of this chapter is guilty of a Class A misdemeanor.

(f) Any action for a civil remedy under this chapter by the board or any other person against a check-casher must be commenced within five (5) years after the action or inaction giving rise to the right to seek such a civil remedy.