(a) It is unlawful for any person, company, corporation, or association engaged in the sale of any manufactured product, coal oil, or dressed beef, to:
(1) Sell any such manufactured product, coal oil, or dressed beef at a greater cash price at any place in this state than the person, company, corporation, or association sells the manufactured product, coal oil, or dressed beef at other points in this state, after making due allowance for difference in cost of carriage or other necessary cost; or
(2) Willfully refuse or fail to allow to any person, corporation, or company making purchases of the manufactured product, coal oil, or dressed beef all rebates and discounts that are granted by them to other purchasers, for cash, of like quantities of the manufactured product, coal oil, or dressed beef.
(b) This section does not apply to:
(1) A discount or rebate that is offered without charge to all purchasers on an equal basis, regardless of whether the purchaser chooses to accept or fulfill any of the nonmonetary conditions for receiving the discount or rebate; or
(2) A discount or rebate that is offered without charge to all members of a specified group, including without limitation senior citizens, students, or current or former members of the United States Armed Forces, if that group is not defined by race, color, sex, religion, or national origin of the purchaser.
(c)
(1) A person, company, corporation, or association that violates this section shall forfeit not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) for each offense.
(2) Each unlawful sale or refusal or failure to allow the rebate or discount constitutes a separate offense.
(d)
(1) The penalty in cases under this section is to be recovered by an action in the name of the person, company, corporation, or association damaged by the greater price or refusal of, or failure to allow, the rebate or discount or in the name of the state at the relation of any prosecuting attorney in this state.
(2)
(A) The moneys collected under subdivision (d)(1) of this section shall be paid to the person, company, corporation, or association bringing the suit.
(B) If a suit is brought in the name of the state, one-fourth (¼) of the moneys collected shall be paid to the prosecuting attorney bringing the suit and three-fourths (¾) of the moneys collected shall be paid to the Public School Fund.
(3) An action or suit under this section may be brought in any county in which the offense was committed by action at law or suit in equity in the circuit court.
(4)
(A) If a defendant is a person, corporation, or association, the service of summons upon the defendant in any county of this state shall be a sufficient service.
(B) If the defendant is a corporation, the service of summons upon any agent of the corporation in this state shall be a lawful service.
(5) Several offenses under this section may be joined in one (1) action or suit.
Structure Arkansas Code