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

Ark. Code Ann. § 4-88-202 (2020)

Civil penalty — Disposition of funds

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. If any person is found to have violated any provision of this chapter, including unlawful practices related to charitable solicitations, and the violation is committed against an elder person or a person with a disability, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed ten thousand dollars ($10,000) for each violation.
  2. The civil penalties imposed pursuant to subsection (a) of this section shall be deposited with the Treasurer of State and placed into the Elder Person and Person with a Disability Victims Fund, a special fund created in the State Treasury and administered by the Attorney General for the investigation and prosecution of deceptive acts against an elder person or a person with a disability and for consumer education initiatives.

History. Acts 1993, No. 138, § 1; 2019, No. 1035, § 2.

Amendments. The 2019 amendment substituted “an elder person or a person with a disability” for “elder or disabled persons” in (a); and, in (b), substituted “Elder Person and Person with a Disability Victims Fund” for “Elder and Disabled Victims Fund” and substituted “against an elder person or a person with a disability” for “against elder and disabled persons”.

Notes of Decisions
Cited in 2 cases, 2007–2010 · leading case: Jim Ray, Inc. v. Williams, 260 S.W.3d 307 (Ark. Ct. App. 2007).
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Jim Ray, Inc. v. Williams, 260 S.W.3d 307 (Ark. Ct. App. 2007). · cites it 8× “Ark.Code Ann. § 4-88-202 (Repl. 2001). Accordingly, appellant had notice that, under the statutory scheme for penalties, it was subject to $42,000 plus fees and costs in addition to the compensatory damages.”
Minor v. Chase Auto Fin. Corp., 2010 Ark. 246, 372 S.W.3d 762. · cites it 2× “2007), and enhanced by Arkansas Code Annotated section 4-88-202 (Repl.2001), because Minor is an elderly person.”
Ark. Code Ann. § 4-88-202(a): 1 case
Jim Ray, Inc. v. Williams, 260 S.W.3d 307 (Ark. Ct. App. 2007). “Ark.Code Ann. § 4-88-202 (Repl. 2001). Accordingly, appellant had notice that, under the statutory scheme for penalties, it was subject to $42,000 plus fees and costs in addition to the compensatory damages.”
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