Loading
TITLE 4.  BUSINESS AND COMMERCIAL LAW
SUBTITLE 7.  CONSUMER PROTECTION
CHAPTER 99.  REGULATION OF TELEPHONIC SELLERS
SUBCHAPTER 1.  GENERAL PROVISIONS
A.C.A. § 4-99-109
§ 4-99-109. Irrevocable consent appointing Attorney General to act as seller's attorney to receive service --

Conditions of effective service

(a) Every telephonic seller shall file with the Attorney General, in the form prescribed by the Attorney General, an irrevocable consent appointing the Attorney General to act as the seller's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the seller or the seller's successor, executor, or administrator, which may arise under this chapter, when the agent designated in the seller's registration filing cannot with reasonable diligence be found at the address designated or if no agent has been designated pursuant thereto.

(b) When service is made upon the Attorney General in conformance with this section, it shall have the same force and validity as if served personally on the seller.

(c) Service may be made by leaving a copy of the process in the office of the Attorney General, but it shall not be effective unless both of the following are done:

(1) When service is effected pursuant to this section, the plaintiff shall forthwith send by certified first class mail, return receipt requested, a notice of the service and a copy of the process to the defendant or respondent at the last address on file with the Consumer Protection Division; and

(2) The plaintiff's affidavit of compliance with this section shall be filed in the case on or before the return date of the process, if any, or within such further time as the court allows.

Compliance Guide:
Registration Made Easy.
  • Online State Registration wizard for call campaign licensing.
  • Wizard makes finding State DNC exemptions easy.
  • Quickly answer questions with included regulatory guide.

watch Webinar

This site is provided for informational purposes only. These materials do not constitute legal advice and should not be used as a substitute for competent legal counsel. No representations are made regarding the timeliness, accuracy, or completeness of these materials.