(a)(1) For the purposes of this section, 'telemarketer' means any person who initiates telephone calls to, or who receives telephone calls from, a consumer in connection with a plan, program, or campaign to market goods and services.(2) The term 'telemarketer' does not include a federally insured depository institution or its subsidiary when it obtains or submits for payment a check, draft, or other form of negotiable instrument drawn on or debited against a person's checking, savings, share, or other depository account at that institution.(b)(1) It shall be unlawful for any telemarketer as defined in subsection (a) of this section to obtain or submit for payment a check, draft, or other form of negotiable instrument drawn on a person's checking, savings, share, or other depository account without the consumer's express written authorization.(2) For the purpose of this section, a check bearing the valid signature of the consumer shall constitute the consumer's express written authorization.(c)(1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.(2) All remedies, tion.(c)(1) A violation of the provisions of this section shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this section.(d) Nothing in this section limits the rights or remedies which are otherwise available to a consumer under any other law.(e) The obligations under this section are cumulative and should in no way be deemed to limit the obligations under any other law.Acts 1999, No. 1512, § 1.
Arkansas Legal Code