2019 Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 7 - Consumer Protection
Chapter 90 - Automobiles
Subchapter 2 - Odometer Regulations
§ 4-90-207. Civil Actions by Private Persons

Universal Citation: AR Code § 4-90-207 (2019)
  • (a)

    • (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.

    • (2)

      • (A) A person may bring a civil action to enforce a claim under this subsection in an appropriate court of competent jurisdiction.

      • (B) The action must be brought not later than five (5) years after the claim accrues.

      • (C) The court shall award costs and a reasonable attorney's fee to the person when a judgment is entered for that person.

  • (b) 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.

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