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Arkansas Code Annotated

Ark. Code Ann. § 23-4-107 (2026)

Rate schedules — Greater or lesser rate not to be charged

✓ current as of May 2026
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No public utility shall directly or indirectly, by any device whatsoever, charge, demand, collect, or receive from any person a greater or lesser compensation for any service rendered or to be rendered by the public utility than that prescribed in the schedules of the public utility applicable thereto then filed in the manner provided in this act. Nor shall any person receive or accept any service from a public utility for a compensation greater or lesser than that prescribed in the schedules.

History. Acts 1935, No. 324, § 12; Pope's Dig., § 2075; A.S.A. 1947, § 73-206.

Meaning of “this act”. Acts 1935, No. 324, codified as §§ 14-200-101, 14-200-103 — 14-200-108, 14-200-111, 23-1-101 — 23-1-112, 23-2-301, 23-2-303 — 23-2-308, 23-2-310, 23-2-312, 23-2-314 — 23-2-316, 23-2-402, 23-2-405, 23-2-408, 23-2-410 — 23-2-412, 23-2-414 — 23-2-421, 23-2-426, 23-2-428, 23-2-429, 23-3-101 — 23-3-107, 23-3-112 — 23-3-115, 23-3-118, 23-3-119, 23-3-201 — 23-3-206, 23-4-102, 23-4-103, 23-4-105 — 23-4-109, 23-4-205, 23-4-402 — 23-4-405, 23-4-407 — 23-4-418, 23-4-620 — 23-4-634, 23-18-101.

Case Notes

Action for Damages.

Circuit court lacked jurisdiction over civil causes of action in tort which necessarily required an assessment of damages measured by what was the filed rate with the public service commission and what the rate should have been. Cullum v. Seagull Mid-South, Inc., 322 Ark. 190, 907 S.W.2d 741 (1995).

Illegal Charges.

To have furnished the appellee unrestricted service for which a specified charge per month was required to be charged, at the restricted service rate of a lesser amount per month, would have constituted a discrimination as against other subscribers in violation of this section. Southwestern Bell Tel. Co. v. Hutton, 203 Ark. 969, 160 S.W.2d 201 (1942).

Cited: Aluminum Co. of America v. Arkansas Pub. Serv. Comm'n, 226 Ark. 343, 289 S.W.2d 889 (1956).

Notes of Decisions
Cited in 2 cases, 1995–2007 · leading case: Centerpoint Energy, Inc. v. Miller Cnty. Circuit Second Div., 258 S.W.3d 336 (Ark. 2007).
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Centerpoint Energy, Inc. v. Miller Cnty. Circuit Second Div., 258 S.W.3d 336 (Ark. 2007). · cites it 4× “See Ark.Code Ann. § 23-4-107 (1987). The policy behind the doctrine, as expressed by the Eighth Circuit in the H.”
Cullum v. Seagull Mid-South, Inc., 907 S.W.2d 741 (Ark. 1995). · cites it 2× “See Ark. Code Ann. § 23-4-107 (1987). The policy behind the doctrine, as expressed by the Eighth Circuit in the H.”
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