{"id":371712,"date":"2016-04-11T01:21:00","date_gmt":"2016-04-11T06:21:00","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/arkansas-law\/arkansas-telemarketing-fraud-laws.html"},"modified":"2024-12-20T19:39:26","modified_gmt":"2024-12-21T00:39:26","slug":"arkansas-telemarketing-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arkansas-law\/arkansas-telemarketing-fraud-laws.html","title":{"rendered":"Arkansas Telemarketing Fraud Laws"},"content":{"rendered":"\n
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Arkansas Telemarketing Fraud Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Telemarketing fraud occurs when a solicitor calls a victim and makes false statements or misrepresentations in order to talk the victim into giving the caller money or personal information. Arkansas’ telemarketing fraud<\/a> laws are contained in the Home Solicitation Sales Act. This act was created to regulate home solicitation sales in order to protect victims from deceptive sales practices. The following chart highlights the main aspects of this act.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Arkansas Code Chapter 89: Home Solicitation Sales<\/b><\/td>\n<\/tr>

What’s Prohibited?<\/b><\/p>\n

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Knowingly and willfully committing a "deceptive trade practice."<\/p>\n<\/td>\n<\/tr>

What’s a "Deceptive Trade Practice?"<\/b><\/p>\n

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A deceptive trade practice can be any of the following acts committed by a seller in connection with a home solicitation sale:
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  • Misrepresenting the buyer’s right to cancel a sale<\/li>\n
  • Representing that the seller is conducting a survey, quiz, contest, or in any other way misrepresenting the purpose of the call<\/li>\n
  • Misrepresenting who the solicitor is working for<\/li>\n
  • Misrepresenting that any merchandise or service is free if the consumer would in fact be required to purchase something<\/li>\n
  • Representing that a price is special or reduced, unless there is a significant reduction from the seller’s established selling price<\/li>\n
  • Failing to disclose clearly at the beginning of the call that the purpose of the solicitation is to sell goods or services, or<\/li>\n
  • Failing to disclose (both orally and in writing) the total cash price, the down payment, the unpaid balance of the cash price, the amount and due dates of any necessary payments, and an accurate description of the goods or services purchased<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

Class A misdemeanor. Punishable by a fine of up to $2,500 and\/or imprisonment for up to one year.<\/p>\n

Offenders must also pay the victim:<\/p>\n