§ 4-90-203 - Penalties and enforcement. - Arkansas Statutes

4-90-203. Penalties and enforcement.

(a) (1) (A) When a person violates this subchapter or a regulation prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, 4-88-101 et seq.

(B) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter, including, but not limited to, an action to:

(i) Enjoin the violation; and

(ii) Recover:

(a) Amounts for which the person is liable under 4-90-207(a) to each private person; and

(b) Costs, investigative costs, and reasonable attorney's fees.

(2) (A) An action under this subsection may be brought in an appropriate court of competent jurisdiction in the county in which the person resides or transacts business or in the judicial district in which the state capital is located.

(B) The action must be brought not later than five (5) years after the claim accrues.

(b) (1) Any person who is found to have violated this subchapter shall be guilty of a felony and imprisoned for not more than three (3) years and subject to a fine of not more than fifty thousand dollars ($50,000) for each violation.

(2) If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly and willfully authorizes, orders, or performs an act in violation of this subchapter or a regulation prescribed or order issued under this subchapter, without regard to penalties imposed on the corporation.