2015 Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 6 - Business Practices
Chapter 75 - Unfair Practices
Subchapter 5 - Price Discrimination
§ 4-75-501 - Manufactured products, coal oil, or dressed beef.

(a) It shall be unlawful for any person, company, corporation, or association engaged in the sale of any manufactured product, coal oil, or dressed beef, to:

(1) Sell any such manufactured product, coal oil, or dressed beef at a greater cash price at any place in this state, than the person, company, corporation, or association sells the manufactured product, coal oil, or dressed beef at other points in this state, after making due allowance for difference in cost of carriage or other necessary cost; or

(2) Willfully refuse or fail to allow to any person, corporation, or company making purchases of the manufactured product, coal oil, or dressed beef all rebates and discounts which are granted by them to other purchasers, for cash, of like quantities of the manufactured product, coal oil, or dressed beef.

(b) (1) Any person, company, corporation, or association violating any of the provisions of this section shall forfeit not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) for every such offense.

(2) Each unlawful sale or refusal or failure to allow the rebate or discount shall constitute a separate offense.

(c) (1) The penalty in cases pursuant to this section is to be recovered by an action in the name of the person, company, corporation, or association damaged by the greater price or refusal of, or failure to allow, the rebate or discount or in the name of the state at the relation of any prosecuting attorney in this state.

(2) The moneys thus collected shall be paid to the person, company, corporation, or association bringing the suit, and, when the suit is brought in the name of the state, the moneys collected shall be paid, one-fourth (1/4) to the prosecuting attorney bringing the suit and three-fourths (3/4) to the Public School Fund.

(3) Actions and suits under this section may be brought in any county in which the offense was committed by action at law or suit in equity in the circuit court.

(4) When the defendants are persons, companies, or associations, the service of summons upon the defendants in any county of this state shall be a sufficient service. Where the defendant is a corporation, the service of summons upon any agent of the corporation in this state shall be a lawful service.

(5) Several offenses under this section may be joined in one (1) action or suit.