Ark. Code Ann. § 4-75-208

Secret payments or allowance of rebates, refunds, etc. — Penalty

Applied in 4 court decisions — leading case Stewart Title Guaranty Co. v. American Abstract & Title Co. (2005)

Most recently applied in 2021 Ark. App. 498 - A&B Pawn Shop D/B/A Webb's Sporting Goods v. MacK's Sport Shop, Lllp, D/B/A MacK's Prairie Wings (December 2021)

Acts 1937, No. 253, § 7; Pope's Dig., § 14317; A.S.A. 1947, § 70-307; Acts 2005, No. 1994, § 341.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The secret payment or allowance of rebates, refunds, commissions, or unearned discounts is an unfair trade practice, whether in the form of money or otherwise or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions to the injury of a competitor and where the payment or allowance tends to destroy competition.

(2) Any person, firm, partnership, corporation, or association resorting to such trade practice shall be guilty of a Class A misdemeanor.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.