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

Ark. Code Ann. § 4-90-404 (2026)

Notice by consumer — Disclosure by manufacturer, agent, or dealer

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
    1. A consumer shall utilize the informal dispute settlement proceeding provided for in this subchapter prior to bringing any legal action to enforce the consumer's rights under this subchapter, if the manufacturer has made the disclosure required by subsection (b) of this section.
    2. However, if the manufacturer has not made the required disclosure, the consumer is not required to utilize the informal dispute settlement procedure pursuant to § 4-90-414 prior to any legal action to enforce the consumer's rights under this subchapter.
      1. At the time of the consumer's purchase or lease of the vehicle, the manufacturer, its agent, or an authorized dealer shall provide to the consumer a written statement that explains the consumer's rights and obligations under this subchapter.
      2. The manufacturer's authorized dealer shall obtain the consumer's signed acknowledgement of the receipt of the written statement explaining the consumer's rights and obligations under this subchapter.
      3. The manufacturer's authorized dealer shall maintain copies of the consumer's signed acknowledgement for a period of no fewer than five (5) years.
    2. The written statement shall be prepared by the Consumer Protection Division of the Office of the Attorney General and shall include the telephone number of the division that the consumer can contact to obtain information regarding his or her rights and obligations under this subchapter.
    3. For each failure of the manufacturer, its agent, or an authorized dealer to provide to a consumer the written statement required under this section or failure to retain a signed acknowledgement form, the manufacturer shall be liable to the State of Arkansas for a civil penalty of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000).
    1. The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner's manual, that written notice of the nonconformity is required before the buyer may be eligible for a refund or replacement of the vehicle.
    2. The manufacturer shall provide the consumer with conspicuous notice of the address and phone number for its zone, district, or regional office for this state at the time of vehicle acquisition, to which the buyer must send notification.

History. Acts 1993, No. 285, § 5; 1993, No. 297, § 5; 1995, No. 302, § 2; 2001, No. 1134, § 3.

Case Notes

Failure to Exhaust.

Failure to exhaust the Informal Dispute Settlement Proceedings (IDSP) options did not preclude a consumer's state-law action for breach of warranty because all the remedies available to him under the Arkansas Lemon Law were not available under the particular IDSP, which contained no language granting the consumer an unconditional right to choose a refund rather than a replacement as he could under subdivision (b)(2)(A) of this section. Ford Motor Co. v. Keatts, 2013 Ark. App. 575 (2013).

Notes of Decisions
Cited in 2 cases, 2013–2013 · leading case: Ford Motor Co. v. Keatts, 2013 Ark. App. 575.
Sort: Relevance Newest Treatment
Ford Motor Co. v. Keatts, 2013 Ark. App. 575. · cites it 3× “Accordingly, Ford argues that the remedies of the Lemon Law “do not apply to a consumer who has not first used this informal proceeding before commencing a civil action, unless the manufacturer allows a consumer to commence an action without first using this informal proceeding,…”
Ford Motor Co. v. Keatts, 2013 Ark. App. 575. · cites it 3× “Accordingly, Ford argues that the remedies of the Lemon Law “do not apply to a consumer who has not first used this informal proceeding before commencing a civil action, unless the manufacturer allows a consumer to commence an action without first using this informal proceeding,…”
Ark. Code Ann. § 4-90-404(b): 2 cases
Ford Motor Co. v. Keatts, 2013 Ark. App. 575. “Accordingly, Ford argues that the remedies of the Lemon Law “do not apply to a consumer who has not first used this informal proceeding before commencing a civil action, unless the manufacturer allows a consumer to commence an action without first using this informal proceeding,…”
Ford Motor Co. v. Keatts, 2013 Ark. App. 575. “Accordingly, Ford argues that the remedies of the Lemon Law “do not apply to a consumer who has not first used this informal proceeding before commencing a civil action, unless the manufacturer allows a consumer to commence an action without first using this informal proceeding,…”
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.