(a) The Attorney General, any person, firm, private corporation, municipal or other public corporation, or trade association may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and for the recovery of damages.
(b) Any person subject to liability under this section shall be deemed as a matter of law to have purposely availed himself of the privileges of conducting activities within Arkansas sufficient to subject the person to the personal jurisdiction of the circuit court hearing an action brought pursuant to this subchapter.
(c) An action for violation of this section may be brought:
(1) In the county where the plaintiff resides;
(2) In the county where the plaintiff conducts business;
(3) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised, or otherwise distributed; or
(4) In the Pulaski County Circuit Court if the action is initiated by the Attorney General.
(d) (1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof.
(2) It shall not be necessary, except to recover for actual damages under subdivision (d)(3)(B) of this section, that actual damages to the plaintiff be alleged or proved.
(3) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant:
(A) Whichever is greater:
(i) One hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised, or otherwise distributed within the State of Arkansas; or
(ii) Ten thousand dollars ($10,000);
(B) Three (3) times the amount of the actual damages, if any, sustained;
(C) Reasonable attorney's fees;
(D) Costs; and
(E) Any other relief which the court deems proper.
(e) (1) All actions under this section shall be commenced within two (2) years after the date on which the violation of this subchapter occurs or within two (2) years after the person bringing the action discovers or in the exercise of reasonable diligence should have discovered the occurrence of the violation of this subchapter.
(2) The period of limitation provided in this section may be extended for a period of one hundred eighty (180) days if the person bringing the action proves by a preponderance of the evidence that the failure to timely commence the action was caused by the defendant's engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action.
(f) (1) Any defendant in an action brought under the provisions of this subchapter may be required to testify under § 16-43-211 and as otherwise provided by law.
(2) In addition, the books and records of the defendant may be brought into court and introduced, by reference, into evidence.
(g) The remedies prescribed in this section are cumulative and in addition to the remedies prescribed in the Deceptive Trade Practices Act, § 4-88-101 et seq., and any other applicable criminal, civil, or administrative penalties.
Section: 4-106-202 4-106-203 4-106-204 4-106-205 NextLast modified: November 15, 2016