A.C.A. § 4-99-402
§ 4-99-402. Legislative findings and intent
(a)
The General Assembly finds that:
(1)
The use of the telephone to market goods and services to the home and to other businesses is now
pervasive due to the increased use of cost-effective telemarketing techniques;
(2)
Unrestricted telemarketing, however, can be an intrusive invasion of privacy;
(3)
Many consumers are outraged over the proliferation of intrusive nuisance calls to their homes from
telemarketers;
(4)
In addition, the proliferation of unsolicited telemarketing calls, especially during the evening hours,
creates a disturbance upon the home and family life of Arkansas consumers during a time of day used by many
families for traditional family activities;
(5)
In addition, some consumers maintain telephone service primarily for emergency medical situations, and
unrestricted telemarketing calls to these consumers may create a health and safety risk for these consumers;
(6)
Individuals' privacy rights, public safety interests, and commercial freedom of speech and trade must
be balanced in a way that protects the privacy of individuals and permits legitimate telemarketing practices;
and
(7)
(A)
(i) Many consumers enjoy and benefit from unsolicited telemarketing contacts from legitimate
(A) (i) Many consumers enjoy and benefit from unsolicited telemarketing contacts from legitimate
(ii)
However, other consumers object to these contacts as an invasion of an individual's right of
privacy and have expressed an intention to refuse to respond to such telemarketing contacts.
(B)
Thus, even legitimate telemarketers have no further legitimate interest in continuing to invade the
privacy of those consumers who have affirmatively expressed their objections to such contact and, in fact,
legitimate telemarketers can make their telemarketing efforts even more cost-effective by avoiding calling
those consumers who have affirmatively expressed an objection to any such contact.
(b)
The General Assembly intends that this subchapter protect the privacy of Arkansas consumers who have
affirmatively expressed an objection to unsolicited telephone solicitations, and the General Assembly intends
that this subchapter be liberally construed to effectuate that goal.
