§ 4-88-113 - Civil enforcement and remedies -- Suspension or forfeiture of charter, franchise, etc.
               	 		
4-88-113.    Civil enforcement and remedies -- Suspension or forfeiture of charter, franchise, etc.
    (a)  In  any proceeding brought by the Attorney General for civil enforcement of  the provisions of this chapter, prohibiting unlawful practices as  defined in this chapter, the circuit court may make such orders or  judgments as may be necessary to:
      (1)  Prevent the use or employment by such person of any prohibited practices;
      (2)    (A)  Restore  to any purchaser who has suffered any ascertainable loss by reason of  the use or employment of the prohibited practices any moneys or real or  personal property which may have been acquired by means of any practice  declared to be unlawful by this chapter, together with other damages  sustained.
            (B)  In determining  the amount of restitution to be awarded under this section, the court  shall consider affidavits from nontestifying purchasers, provided that:
                  (i)  The affidavits are offered as evidence of a material fact;
                  (ii)  The  affidavits are more probative on the point for which they are offered  than any other evidence which the Attorney General can procure through  reasonable efforts;
                  (iii)  The interests of justice will be best served by admission of the affidavits; and
                  (iv)  The  Attorney General makes the names and addresses of the affiants  available to the adverse party sufficiently in advance to provide the  adverse party with a fair opportunity to communicate with them; and
      (3)  Assess  penalties to be paid to the state, not to exceed ten thousand dollars  ($10,000) per violation, against persons found to have violated this  chapter.
(b)  Upon petition of the  Attorney General, the court may order the suspension or forfeiture of  franchises, corporate charters, or other licenses or permits or  authorization to do business in this state.
(c)  Any  person who violates the terms of an injunction issued under this  chapter shall forfeit and pay to the state a civil penalty of not more  than ten thousand dollars ($10,000) for any single action brought by the  Attorney General.
(d)    (1)  Every  person who directly or indirectly controls another person who is in  violation of or liable under this chapter and every partner, officer, or  director of another person who is in violation of or liable under this  chapter shall be jointly and severally liable for any penalties assessed  and any monetary judgments awarded in any proceeding for civil  enforcement of the provisions of this chapter, provided that the persons  to be held jointly and severally liable knew or reasonably should have  known of the existence of the facts by reason of which the violation or  liability exists.
      (2)  There is contribution as in cases of contract among the several persons so liable.
      (3)  Every  person subject to liability under subdivision (d)(1) of this section  shall be deemed, as a matter of law, to have purposefully availed  himself or herself of the privileges of conducting activities within  Arkansas sufficient to subject the person to the personal jurisdiction  of the circuit court hearing an action brought pursuant to this chapter.
(e)  As  compensation for his services under this chapter, the Attorney General  shall be entitled to all expenses reasonably incurred in the  investigation and prosecution of suits, including, but not limited to,  expenses for expert witnesses, to be paid by the defendant when judgment  is rendered for the state, and, in addition, shall recover attorney's  fees and costs.
(f)  Any person who  suffers actual damage or injury as a result of an offense or violation  as defined in this chapter has a cause of action to recover actual  damages, if appropriate, and reasonable attorney's fees.