Ark. Code Ann. § 12-12-1807 (2020)
Penalties
- A person who violates this subchapter shall be subject to legal action for damages to be brought by any other person claiming that a violation of this subchapter has injured his or her business, person, or reputation.
- A person so injured shall be entitled to actual damages or liquidated damages of one thousand dollars ($1,000), whichever is greater, and other costs of litigation.
History. Acts 2013, No. 1491, § 1.
Case Notes
Enforcement.
Companies lacked standing to sue the Governor and Attorney General challenging the constitutionality of the Automatic License Plate Reader System Act, § 12-12-1801 et seq., because the injury of which the companies complained was not “fairly traceable” to either official. The Act provides for enforcement only through private actions for damages; and the Governor and Attorney General do not have authority to enforce the Act. Digital Recognition Network, Inc. v. Hutchinson, 803 F.3d 952 (8th Cir. 2015).
While the Attorney General may intervene and defend the constitutionality of the Automatic License Plate Reader System Act, § 12-12-1801 et seq., in a private damages suit, the Attorney General does not initiate enforcement or seek relief against a putative defendant. Thus, the companies' injury was “fairly traceable” only to the private civil litigants who may seek damages under the Act and thereby enforce the statute against the companies. For the same reasons, it was not likely that the companies' injury would be “redressed by a favorable decision.” Digital Recognition Network, Inc. v. Hutchinson, 803 F.3d 952 (8th Cir. 2015).
Collection and dissemination of license-plate data prohibited by the Automatic License Plate Reader System Act, § 12-12-1801 et seq., was not consumer-oriented, and thus did not constitute an unconscionable act subject to the Attorney General's enforcement authority under the Deceptive Trade Practices Act, § 4-88-101 et seq.Digital Recognition Network, Inc. v. Hutchinson, 803 F.3d 952 (8th Cir. 2015).