Arkansas Code Annotated

Ark. Code Ann. § 4-90-203 (2026)

Penalties and enforcement

✓ current as of May 2026

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1. 1. When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.
  2. All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter, including, but not limited to, an action to:
    1. Enjoin the violation; and
    2. Recover:
      1. Amounts for which the person is liable under § 4-90-207(a) to each private person; and
      2. Costs, investigative costs, and reasonable attorney's fees.
2. 1. An action under this subsection may be brought in an appropriate court of competent jurisdiction in the county in which the person resides or transacts business or in the judicial district in which the state capital is located.
  2. The action must be brought not later than five (5) years after the claim accrues.
1. Any person who is found to have violated this subchapter shall be guilty of a felony and imprisoned for not more than three (3) years and subject to a fine of not more than fifty thousand dollars ($50,000) for each violation.
2. If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly and willfully authorizes, orders, or performs an act in violation of this subchapter or a rule prescribed or order issued under this subchapter, without regard to penalties imposed on the corporation.

History. Acts 1995, No. 795, § 6; 2019, No. 315, §§ 133, 134.

Amendments. The 2019 amendment substituted “rule” for “regulation” in (a)(1)(A) and (b)(2).

Case Notes

Attorney's Fees.

The amount of attorney's fees awarded lies within the broad discretion of the trial court; the trial judge is in a superior position to determine a reasonable attorney's fee because of his acquaintance with the record and the quality of services rendered. Caldwell v. Jenkins, 42 Ark. App. 157, 856 S.W.2d 37 (1993).

While there is no fixed formula to be used in setting a reasonable fee, the Supreme Court has adopted the list of factors to be considered set out in the American Bar Association's Code of Professional Responsibility; the factors include the time and labor required and the results obtained. Caldwell v. Jenkins, 42 Ark. App. 157, 856 S.W.2d 37 (1993).

Award Upheld.

There were no genuine issues of material fact remaining where there was a violation of the Arkansas Odometer Fraud Act by failing to have the odometer read the correct mileage or by adjusting it to zero to put buyers on notice; a violation of the Odometer Fraud Act constituted an unfair or deceptive trade practice. The damages for economic loss, treble damages, and attorney’s fees were upheld under the Odometer Fraud Act and the Arkansas Deceptive Trade Practices Act. Ukegbu v. Daniels, 2014 Ark. App. 422, 438 S.W.3d 284 (2014).

Damages.

Plaintiff awarded $5,000, the difference in value between the vehicle as warranted, with approximately 9,000 miles, and the vehicle with its actual mileage of 109,000. Colding v. Williams, 53 Ark. App. 173, 920 S.W.2d 507 (1996).

Notes of Decisions

Cited in 4 cases, 1989–2014 · leading case: Currier v. Spencer, 772 S.W.2d 309 (Ark. 1989).

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Currier v. Spencer, 772 S.W.2d 309 (Ark. 1989). · cites it 6× “Ark.Code Ann. § 4-90-203 (1987) provides that upon violation of the odometer provisions, the buyer shall recover his actual damages together with any costs and reasonable attorney's fees.”

Caldwell v. Jenkins, 856 S.W.2d 37 (Ark. Ct. App. 1993). · cites it 14× “Although the jury did not assess punitive damages, the circuit judge, pursuant to Ark. Code Ann. § 4-90-203 (Repl. 1991), increased the amount of damages awarded to $9,270.”

Ukegbu v. Daniels, 438 S.W.3d 284 (Ark. Ct. App. 2014). · cites it 2× “” Ark.Code Ann. § 4-90-203. Appellants did not present proof in their summary-judgment response that they had complied with either of these acts.”

Colding v. Williams, 920 S.W.2d 507 (Ark. Ct. App. 1996). “Arkansas Code Annotated § 4-90-203 (Repl. 1991) provides that any person injured by violation of the odometer provisions shall recover the actual damages, together with costs and a reasonable attorney’s fee.”

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