§ 4-90-404 — Notice by consumer - Disclosure by manufacturer, agent, or dealer

(a) (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. (b) (1) (A) 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. (B) 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. (C) 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 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). (c) (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.

Legislative History

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