2019 Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 6 - Business Practices
Chapter 75 - Unfair Practices
Subchapter 2 - Unfair Practices Act
§ 4-75-211. Remedies - Witnesses and Documents - Immunity

Universal Citation:
AR Code § 4-75-211 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • (a) Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of this subchapter and, if injured thereby, for the recovery of damages.

  • (b)

    • (1) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this subchapter, it shall enjoin the defendant from a continuance thereof.

    • (2) It shall not be necessary that actual damages to the plaintiff be alleged or proved.

    • (3) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant three (3) times the amount of the actual damages, if any, sustained.

  • (c)

    • (1) Any defendant in an action brought under the provisions of this section or any witness desired by the state may be required to testify under § 16-43-211 and as otherwise provided by law.

    • (2) In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence.

    • (3) However, no information so obtained may be used against the defendant as a basis for a misdemeanor prosecution under the provisions of §§ 4-75-204 and 4-75-207 -- 4-75-210.

  • (d) The remedies prescribed in this subchapter are cumulative and in addition to the remedies prescribed in the Public Utilities Act, § 23-1-101 et seq., for discrimination by public utilities. If any conflict shall arise between this subchapter and the Public Utilities Act, § 23-1-101 et seq., the latter shall prevail.

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