Arkansas Deceptive Trade Practices Act vs. Predatory Private Operator
Ark. Code §4-88-101 et seq. (the Arkansas Deceptive Trade Practices Act) prohibits unfair or deceptive acts in commerce. Private parking operators issuing notices that mimic government citations, adding undisclosed fees, or failing to identify themselves are subject to ADTPA suits with treble damages and attorney's fees under §4-88-113. A demand letter usually settles the dispute without litigation.
Legal basis
Ark. Code §4-88-101 through §4-88-115 (Arkansas Deceptive Trade Practices Act); §4-88-107 (prohibited practices); §4-88-113 (damages)
Sample appeal wording
TO: [OPERATOR] VIA CERTIFIED MAIL The enclosed notice violates Ark. Code §4-88-107 in the following respects: 1. The notice mimics a government citation; 2. Charges/fees not disclosed in lot signage; 3. Failure to identify the operator clearly. Demand: cancel the charge in writing within 14 days. Failure will result in suit and complaint to AR AG Consumer Protection Division. Treble damages and attorney's fees are available under §4-88-113. [NAME, DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Arkansas Code §4-88-101 et seq.
- Arkansas Attorney General Consumer Protection Division