Ark. Code § 4-95-102

Current with legislation from 2024 Fiscal and Special Sessions.

Section 4-95-102 - Definitions

As used in this chapter, unless the context otherwise requires:

(1) "Consumer product" means a good or service purchased, leased, or rented primarily for personal, family, or household purposes, including a course of instruction or training, regardless of the purpose for which it is taken;

(2) "Division" means the Consumer Protection Division as created under § 4-88-105;

(3) "Gift or prize" means any premium, bonus, award, or any other similar language of inducement or incentive to purchase a consumer product;

(4) "Pay-per-call" means telecommunications services which permit simultaneous calling by a large number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription relationship and for which the caller pays a per-call or per-time interval charge that is greater than, or in addition to, the charge for transmission of the call;

(5) "Person" means any individual, organization, group, association, partnership, corporation, or any combination of them; and

(6)

(A) "Product promoter" means any person who individually or through an agent and by means of a written notice sent through the mail or by telephone:

(i) Offers a gift, prize, or award with the intent to sell, lease, or rent any consumer product;

(ii) Solicits to sell, lease, or rent a consumer product, in which the consumer product and all the material terms of the transaction, including the price, handling, shipping, delivery, or any other fee are not fully described and which requests the consumer contact the seller to complete the transaction; or

(iii) Offers by gift, prize, or award any consumer product in which all material terms regarding the requirements of receiving such gift, prize, or award are not fully described.

(B) The term "product promoter" does not include any activities of nonprofit or charitable organizations exempt from federal income taxation under § 501(c)(3) of the United States Internal Revenue Code, 26 U.S.C. § 501(c)(3).

Ark. Code § 4-95-102

Acts 1991, No. 680, § 2; 1993, No. 139, §§ 1, 2.