Ark. Code Ann. » Title 4 Chapter 90
Arkansas Code Annotated

Ark. Code Ann. § 4-90-207 (2020)

Civil actions by private persons

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
    1. A person who violates this subchapter or a rule prescribed under this subchapter with intent to defraud is liable for three (3) times the actual damages or one thousand five hundred dollars ($1,500), whichever is greater.
      1. A person may bring a civil action to enforce a claim under this subsection in an appropriate court of competent jurisdiction.
      2. The action must be brought not later than five (5) years after the claim accrues.
      3. The court shall award costs and a reasonable attorney's fee to the person when a judgment is entered for that person.
  2. Nothing in this subchapter, however, shall in any way limit any other statutory or common law rights, causes of actions, or remedies which are otherwise available to a person, including, but not limited to, actions for:
    1. Breach of warranty;
    2. Fraud;
    3. Negligent misrepresentation;
    4. Intentional misrepresentation;
    5. Deceptive trade practices actions;
    6. Rescission; or
    7. Revocation of acceptance.

History. Acts 1995, No. 795, §§ 7, 8; 2019, No. 315, § 136.

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

Case Notes

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).

Subchapter 3 — Aftermarket Crash Parts

Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Ukegbu v. Daniels, 2014 Ark. App. 422, 438 S.W.3d 284.
Sort: Relevance Newest Treatment
Ukegbu v. Daniels, 2014 Ark. App. 422, 438 S.W.3d 284. · cites it 4× “” Ark.Code Ann. § 4-90-207. The Act further states that this does not “in any way limit any other statutory rights .”
Ark. Code Ann. § 4-90-207(b)(5): 1 case
Ukegbu v. Daniels, 2014 Ark. App. 422, 438 S.W.3d 284. “” Ark.Code Ann. § 4-90-207. The Act further states that this does not “in any way limit any other statutory rights .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.