Ark. Code Ann. » Title 4 Chapter 88
Arkansas Code Annotated

Ark. Code Ann. § 4-88-102 (2026)

Definitions

✓ current as of May 2026
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As used in this subchapter:

  1. “Caller identification service” means a service offered by a telecommunications provider that provides caller identification information to a device capable of displaying the information;
  2. “Charitable organization” means any benevolent, philanthropic, patriotic, civic, or eleemosynary person;
  3. “Contribution” means the promise or grant of any money or property of any kind or value;
  4. “Goods” means any tangible property, coupons, or certificates, whether bought or leased;
  5. “Person” means an individual, organization, group, association, partnership, corporation, or any combination of them;
  6. “Promotion” means, for each charitable organization represented, each and every fundraising drive or campaign for which contributions are solicited. Similar or identical promotions on behalf of different charitable organizations constitute separate and distinct promotions;
  7. “Services” means work, labor, or other things purchased that do not have physical characteristics;
  8. “Solicitation” means each request for a contribution; and
  9. “Actual financial loss” means an ascertainable amount of money that is equal to the difference between the amount paid by a person for goods or services and the actual market value of the goods or services provided to a person.

History. Acts 1991, No. 1177, § 3; 1993, No. 587, § 1; 2003, No. 1465, § 1; 2017, No. 986, § 2.

A.C.R.C. Notes. Former § 4-88-102 was renumbered as § 4-88-103.

Amendments. The 2017 amendment added the definition for “Actual financial loss”.

Research References

Ark. L. Rev.

Margaret E. Rushing, Comment: Deceptively Simple: The Arkansas Deceptive Trade Practices Act, 71 Ark. L. Rev. 1033 (2019).

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Business Law, 26 U. Ark. Little Rock L. Rev. 351.

Case Notes

Person.

Plaintiff's motion to dismiss defendant's Arkansas Deceptive Trade Practices Act (ADTPA) claim on the ground that the ADTPA was not cognizable because defendant was not a consumer was denied because one did not have to be a consumer to recover under the ADTPA pursuant to §§ 4-88-101, 4-88-113(f) or subdivision (5) of this section, only a person who suffers actual damage or injury as a result of an offense or violation. Valor Healthcare, Inc. v. Pinkerton, — F. Supp. 2d —, 2008 U.S. Dist. LEXIS 105988 (W.D. Ark. Dec. 23, 2008).

Notes of Decisions
Cited in 8 cases (5 in the last 5 years), 1991–2022 · leading case: Koenighain v. Schilling Motors, Inc., 811 S.W.2d 342 (Ark. Ct. App. 1991).
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Koenighain v. Schilling Motors, Inc., 811 S.W.2d 342 (Ark. Ct. App. 1991). · cites it 2× “And Ark. Code Ann. § 4-88-102 (1987) states: Any person, firm, partnership, corporation, or other entity who knowlingly and willfully commits an unlawful practice as defined in this chapter shall be guilty of a misdemeanor and, upon conviction in the circuit court of any county…”
Hunter v. Midfirst Bank (E.D. Ark. 2021). · cites it 4× “162 Ark. Code Ann. § 4-88-102 (9). trade practice.”
Motal v. Allstate Prop. & Cas. Ins. Co. (E.D. Ark. 2021). · cites it 3× “” Ark. Code Ann. § 4-88-102 (9). Mr. Motal does not allege in his complaint that he paid any amount of money for any goods or services.”
Hacala v. Amazon.Com, Inc. (W.D. Ark. 2019). · cites it 2× “” Ark. Code Ann. § 4-88-102 (9). The actual financial loss language dictates that the measure of damages in ADTPA claims is limited to out-of-pocket loss.”
Elite Aviation Serv., LLC v. Ace Pools, LLC (W.D. Ark. 2020). · cites it 2× “” Ark. Code Ann. §§ 4-88-102 (a), 4-88-113(f)(2).”
A&B Pawn Shop D/B/A Webb's Sporting Goods v. MacK's Sport Shop, Lllp, D/B/A MacK's Prairie Wings, 2021 Ark. App. 498 (Ark. Ct. App. 2021). · cites it 2× “” Ark. Code Ann. § 4-88-102 (9) (Supp. 2021).”
J&B Tankers Inc v. Navistar Int'l Corp. (E.D. Ark. 2021). “§ 4-88-102 (5). Furthermore, the cases cited by Navistar do not support the proposition that the purchase of goods by a commercial consumer does not qualify as a “consumer- oriented act or practice” for purposes of the ADTPA.”
Dante v. Schwartz (D.N.J. 2022). “2008 WL 5396622 , at *3 (quoting and discussing Ark. Code Ann. §§ 4-88-102 (5), -113(f)).”
— Ark. Code Ann. § 4-88-102(9) — 1 case
Motal v. Allstate Prop. & Cas. Ins. Co. (E.D. Ark. 2021). “” Ark. Code Ann. § 4-88-102 (9). Mr. Motal does not allege in his complaint that he paid any amount of money for any goods or services.”
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