Arkansas Code Annotated

Ark. Code Ann. § 4-88-103 (2026)

Penalties

✓ current as of May 2026
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Any person who knowingly and willfully commits an unlawful practice under this chapter shall be guilty of a Class A misdemeanor.

History. Acts 1971, No. 92, § 7; A.S.A. 1947, § 70-907; Acts 1991, No. 1177, § 3.

A.C.R.C. Notes. This section was formerly codified as § 4-88-102. Former § 4-88-103 was renumbered as § 4-88-104.

Case Notes

Cited: Stein v. Lukas, 308 Ark. 74, 823 S.W.2d 832 (1992).

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1992–2025 · leading case: Jim Ray, Inc. v. Williams, 260 S.W.3d 307 (Ark. Ct. App. 2007).
Jim Ray, Inc. v. Williams, 260 S.W.3d 307 (Ark. Ct. App. 2007). · cites it 8× “Ark.Code Ann. § 4-88-103 (Repl. 2001); Ark.”
Philip Morris Cos. Inc. v. Miner, 2015 Ark. 73 (Ark. 2015). · cites it 2× “” Ark. Code Ann. § 4-88-103 . . In addition to the criminal penalty imposed hereunder, the Attorney General of this state shall have authority, acting through the Consumer Counsel, to file an action in the court designated in § 4-88-112 for civil enforcement of the provisions of…”
Stein v. Lukas, 823 S.W.2d 832 (Ark. 1992). · cites it 2× “§§ 70-904, 70-907, now codified as Ark. Code Ann. §§ 4-88-103 , 4-88-108 (1987).”
Pharm. Care Mgmt. Ass'n v. Rutledge, 240 F. Supp. 3d 951 (E.D. Ark. 2017). · cites it 2× “To the extent that this language is unclear, no criminal penalties would attach to a PBM in violation of Act 900. This is true because a criminal penalty attaches only if the Arkansas Deceptive Trade Practices Act is violated by a deceptive trade practice that is committed…”
State v. Shaw, 847 S.W.2d 768 (Mo. 1993). “, Ark.Code Ann. § 4-88-103 (Michie 1991) (authorizing only misdemeanor penalties for deceptive trade practices) and Nev.”
Indep. Cnty. v. Pfizer, Inc., 534 F. Supp. 2d 882 (E.D. Ark. 2008). · cites it 2× “(B) Subdivision (a)(l!)(A) of this section does not apply to the transmission of a caller identification service by a telecommunications provider, (b) The deceptive and unconscionable trade practices listed in this section are in addition to and do not limit the types of unfair…”
NetChoice (W.D. Ark. 2025). · cites it 5× “Ark. Code Ann. §§ 4-88-103 and -104. Second, § 1503 creates a private right of action entitling a parent to damages and other relief if their child commits or attempts suicide “following exposure to online content 1 The Court held a hearing on the Motion on October 28, 2025.”
NetChoice, LLC v. Griffin (W.D. Ark. 2023). · cites it 2× “The Act contemplates the imposition of a Class A misdemeanor penalty for non-compliance, see § 1103(b)(1) (cross-referencing Ark. Code Ann. § 4-88-103 ), a possible civil enforcement action by the Attorney General, see § 1103(b)(2) (cross-referencing Ark.”
Adeli v. Silverstar Auto., Inc. (W.D. Ark. 2019). “§ 4-88-103 , which is punishable by up to one year in jail and up to a $2,500 fine.”
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