A.C.A. § 5-63-204
§ 5-63-204. Automated telephone solicitation
(a)
(1)
It shall be unlawful for any person to use a telephone for the purpose of offering any goods or
services for sale, or for conveying information regarding any goods or services for the purpose of soliciting
the sale or purchase thereof, or for soliciting information, gathering data, or for any other purpose in
connection with a political campaign when such use involves an automated system for the selection and dialing
of telephone numbers and the playing of recorded messages when a message is completed to the called number.
(2)
However, nothing in this section shall prohibit the use of a telephone involving an automated system
for the selection and dialing of telephone numbers and the play of recorded messages to inform the purchaser
of such goods or services concerning receipt and availability of such goods or services for delivery to the
purchaser, or to convey information concerning any delay or pertinent information about the current status of
any purchase order previously made.
(3)
Nothing in this section shall prohibit the use of automated telephone systems with recorded messages
when the calls are made or messages given solely in response to calls initiated by the person to which the
automatic call or recorded message is directed.
(b)
Any person who violates any provision of this section shall, upon conviction, be guilty of a Class B
misdemeanor and shall be punished accordingly.
(c)
The Attorney General, a prosecuting attorney, any law enforcement officer, or any telephone company
serving an area from which automated telephone calls are made may seek injunctive relief to enforce the
provision of this section. In the event a civil action is filed pursuant to this section, the prevailing party
shall be entitled to a reasonable attorney's fee and court costs.
