(a) Any agreement by a consumer to obtain a consumer product from a product promoter is not enforceable unless it is in writing, it contains the signature of the consumer, and it contains the following information:
(1) The name and address and telephone number of the product promoter;
(2) A list of the price or fee, including any handling, shipping, delivery, or other charges, being requested from the consumer;
(3) The date of the transaction;
(4) A detailed description of the consumer product; and
(5) In a type size of a minimum of 12-points, in a space immediately preceding the space allotted for the consumer's signature, the disclosure statement: "YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONTRACT AND RETURN IT TO THE SELLER."
(b) (1) If the consumer sends a payment to the product promoter in the form of cash, check, money order, or other form of payment without having included a signed copy of the agreement to obtain the consumer product, the consumer may cancel the transaction by notifying the product promoter in writing by certified mail with return receipt requested and returning the consumer product to the product promoter in substantially the same condition as he or she received the product.
(2) A product promoter who has received written notice of cancellation from a consumer, within ten (10) business days of the receipt of the notice, shall:
(A) Refund all payments made, including any down payment made under the agreement;
(B) Return any good or product traded in to the product promoter on account of or in contemplation of the agreement, in substantially the same condition as when it was received by the product promoter; and
(C) Take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement.
(c) A consumer product transaction is considered to have taken place in the State of Arkansas, regardless of the location of the product promoter, when the consumer has received an offer of a gift or prize or an initiation of a product transaction from the product promoter through the mail at an address within the state or through a telephone contact at a site within the state.
Section: Previous 4-95-102 4-95-103 4-95-104 4-95-105 4-95-106 4-95-107 4-95-108 NextLast modified: November 15, 2016