§ 4-88-105 — Consumer Protection Division

(a) There is created within the office of the Attorney General a Consumer Protection Division. (b) The director of the division shall be known as the "Consumer Counsel of Arkansas" and shall be appointed by the Attorney General who may also appoint such assistants, investigators, and professional and clerical staff as are necessary for the efficient operation of the division. (c) The division shall represent and protect the state, its subdivisions, the legitimate business community, and the general public as consumers. (d) The division shall have the following functions, powers, and duties: (1) To serve as a central coordinating agency and clearinghouse for receiving complaints of illegal, fraudulent, or deceptive practices; (2) To assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer public; (3) To conduct investigations, research, studies, and analyses of matters, to issue reports, and take appropriate action affecting the interests of consumers, which may include the referral of complaints to state and local departments or agencies charged with enforcement of consumer laws, or to private organizations and agencies; however, the division may retain jurisdiction over such matters until resolved; (4) To promote consumer education and to undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, advertisement, and sale of consumer goods and services, encouraging and supporting activities directed toward these objectives by the Better Business Bureau, consumer organizations, and other associations of like nature; (5) To investigate violations of laws enacted and rules promulgated for the purpose of consumer protection, and to study the operation of such laws and rules and to recommend to the General Assembly needed changes in law in the consumer's interest; and (6) To enforce the provisions of this chapter and to perform such other functions as may be incidental to the powers and duties set forth in this chapter. (e) The expenses of the division shall be paid from funds provided for that purpose by law, including without limitation: (1) Funds made available by the state, a state agency, or a state political subdivision; (2) Funds made available by the United States Government or a federal agency; or (3) (A) Funds deposited into a Consumer Education and Enforcement Account under § 25-16-718 , managed by the division, from settlements or judgments in favor of the state related to a lawsuit or assurance of voluntary compliance in which the state was a party. (B) The account shall not carry a balance greater than one million dollars ($1,000,000), and the funds in the account shall be used in a manner determined by the Attorney General's office, including without limitation: (i) Litigation support; (ii) Expert witness fees; (iii) Court filing fees; (iv) Process server fees; (v) Witness fees; (vi) Court costs; (vii) Court reporter fees; (viii) Attorney and staff training; (ix) Travel expenses; (x) Consumer education; (xi) Office expenses and improvements; and (xii) Investigation expenses.

Legislative History

Amended by Act 2023, No. 526,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 526,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 129, eff. 7/24/2019. Amended by Act 2015, No. 1160,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 763,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 763,§ 1, eff. 8/16/2013. Acts 1971, No. 92, §§ 1, 2, 12; A.S.A. 1947, §§ 70-901, 70-902, 70-912; Acts 1991, No. 1177, § 3.