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Arkansas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: Can I make Kia reimburse me?

I was part of the class action lawsuit/settlement agreement with KIA motors. The settlement stated that if certain models met all the qualifications, that our engines could be replaced for free. My car met those qualifications after a catastrophic engine failure 30 miles after purchasing the car.... View More

Adam Savett
Adam Savett
answered on Oct 2, 2024

There are at least two class action settlements involving allegedly defective Kia engines.

Since your question doesn't specify what model Kia you had issues with, or which class action you believe that you participated in, I can't fully answer your question.

The first, In...
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1 Answer | Asked in Social Security, Consumer Law and Collections for Arkansas on
Q: How do I file an exemption of my social security disability check for a complaint filed against me for bad debit?

A complaint has been filed in Franklin district court state of Arkansas against me for bad debit I couldn’t pay when I became disabled I can’t afford to file bankruptcy . My ssid check is my only source of personal income my personal property consist of a tv a bedroom suit and a couch coffee... View More

James L. Arrasmith
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answered on Apr 17, 2024

To claim an exemption for your Social Security Disability (SSDI) income in Arkansas, you need to file a "Claim of Exemption" form with the court. Here are the steps to follow:

1. Obtain the "Claim of Exemption" form (Form AR-EX) from the Arkansas Judiciary website or the...
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1 Answer | Asked in Consumer Law, Civil Litigation and Gov & Administrative Law for Arkansas on
Q: I had a vehicle stolen . It was recovered yesterday in a church parking lot in saline county, ar. I'm in Pulaski county.

Why do I have to pay 420 dollars for 1 day in impound when the officer told them it was recovered stolen vehicle.

James L. Arrasmith
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answered on Jan 10, 2024

In cases where a stolen vehicle is recovered and impounded, the impound fees are typically the responsibility of the vehicle owner. This policy might seem unfair, especially when you're already dealing with the stress of having your vehicle stolen, but it's a common practice.

The...
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1 Answer | Asked in Tax Law and Consumer Law for Arkansas on
Q: Manufacture bought my car back, but sales tax was not included. Can I get my sales tax back? It was used car

The manufacture bought my car back, but did not include my sales tax in the buyback documents. I tried to get my sales tax back myself, and they denied me said it’s always included in the manufacture buyback, but in this case it wasn’t. Can I still get my taxes back if I appeal this decision?... View More

James L. Arrasmith
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answered on Nov 13, 2023

In Arkansas, if a manufacturer buys back your used car but does not include the sales tax in the buyback amount, you may have grounds to appeal for the return of those taxes. The fact that the car was used does not inherently affect your ability to seek a sales tax refund in a buyback situation.... View More

1 Answer | Asked in Banking and Consumer Law for Arkansas on
Q: Is it legal for a bank to charge NSF fees without giving funds?

I have been charged NSF fees by my bank when I never received funds or attempted to withdraw from an ATM when my balance was zero. Despite not receiving any funds, the bank insists they can legally charge these fees, especially during balance inquiries. I've paid approximately $10,000 in NSF... View More

James L. Arrasmith
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answered on Apr 16, 2025

You likely agreed in your deposit contract that any attempt to overdraw your account—including a declined balance inquiry—can trigger an NSF fee, since many banks define “presentment” to cover network balance checks. If your fee schedule clearly stated that any declined transaction, even a... View More

1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: Protection from overcharging daycare tuition auto-drafts in Arkansas?

Is there an Arkansas law that protects me from a daycare company charging more than the agreed tuition through auto-draft? My agreement states that tuition is $130 per week, which has been regularly withdrawn for almost 2 years. On 1/19/25, the daycare communicated via their app that prices... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’ve been dealing with a frustrating situation where the daycare is charging more than what was agreed upon. In Arkansas, businesses are generally not allowed to change the terms of an agreement without prior notice and your consent, especially when it comes to auto-draft... View More

1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: Store sold me yellow pine as white pine. Is this illegal?

I purchased what I was told was 1x12 white pine from Murfreesboro Hardware, but I received yellow pine instead. The store has two stacks of yellow pine, which they are selling as white pine. I confronted the store owner, but he lied to me. I do have receipts stating I purchased white pine. Is this... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s upsetting when a store knowingly sells you something different than what you paid for—especially when the product quality and value don’t match. Selling yellow pine as white pine, if done intentionally, could be considered deceptive business practice or even consumer fraud. Since your... View More

1 Answer | Asked in Consumer Law and Insurance Defense for Arkansas on
Q: What to do with an old property damage report when suspect is unknown and no insurer contact?

I have a copy of an incident report for property damage that occurred in 2022. The suspect is unknown, and I haven't heard anything from my insurance company nor have I reached out. There are no disputes or complications in my case. What steps should I take next?

James L. Arrasmith
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answered on Apr 11, 2025

If the damage happened in 2022 and you haven’t reported it to your insurance company yet, the first thing to do is review your policy to check whether there’s a time limit for filing a claim. Many policies include a notice requirement, meaning the insurer can deny a claim if it’s not reported... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Consumer Law for Arkansas on
Q: Are real estate agents obligated to confirm buyer's info and development plans for property sale?

I am concerned about the sale of property next to mine, as it may affect my access to the main road, potentially leaving me landlocked. The real estate agent involved seems questionable, offering plans to transform the area into a lake or resort, or even a drug and alcohol rehabilitation center,... View More

James L. Arrasmith
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answered on Apr 11, 2025

Your concerns are completely valid, especially when potential developments may affect your property access and the safety or character of your neighborhood. In Arkansas, real estate agents are not legally required to confirm the buyer’s personal details or specific future plans for the property... View More

1 Answer | Asked in Education Law, Civil Rights and Consumer Law for Arkansas on
Q: Privacy breach at school causing emotional distress; seeking accountability and compensation.

I've encountered several issues with my daughter's school, including a serious privacy breach where her transcript, containing sensitive personal details, was shared via email to over 200 people. Despite promises from the school to address the breach and reassign her to a new counselor,... View More

James L. Arrasmith
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answered on Apr 8, 2025

First, you should document everything related to the privacy breach, including communications with the school, any responses you've received, and the emotional distress your daughter is experiencing. This will serve as critical evidence when seeking accountability. Make sure to gather any... View More

1 Answer | Asked in Constitutional Law, Municipal Law and Consumer Law for Arkansas on
Q: Is a subscription service for hand jobs legal in Little Rock, AR under local, federal, and consumer laws?

I have a legal question regarding subscription-based services. Hypothetically, if someone were to offer a monthly subscription service for hand jobs, would its legality be affected by zoning laws, local ordinances, or federal laws in Little Rock, Arkansas? Also, how might consumer protection laws... View More

James L. Arrasmith
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answered on Mar 23, 2025

Based on Arkansas state law, a subscription service for hand jobs would be illegal in Little Rock regardless of how it's structured. Manual sexual stimulation for payment falls under prostitution statutes, which prohibit exchanging sexual acts for money.

The subscription model...
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1 Answer | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Civil Rights for Arkansas on
Q: Cash up sent me two statements one saying they took money out of my account the other saying the bank denied it and now

Now ignoring me and I want my money back and I'm wondering if I have any legal recourse seeing as how they straight up lied to me

James L. Arrasmith
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answered on Sep 20, 2024

It sounds like you're dealing with a frustrating situation. If Cash App is sending mixed messages and refusing to address the issue, your first step should be to gather all the evidence you have, including the two statements and any other communications. This will help you build a strong case... View More

1 Answer | Asked in Consumer Law, Products Liability and Construction Law for Arkansas on
Q: My roofer stalled rustic cedar after I turned down many times asking to wait till hickory was back in cause that’s wha

I ordered hickory and said it multiple times even have screen shots of text and they said that’s what they finally got in stock and installed. Then found extra package of rustic cedar which I had said no too. No wonder I told them it didn’t look like the color I ordered. What to do

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2024

An Arkansas attorney could advise best, but your question remains open for a month. An attorney would probably want to see the terms of your agreement to advise meaningfully. Good luck

1 Answer | Asked in Small Claims, Consumer Law, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If a storage unit owner does not follow Arkansas law regarding the auction of my property, is there anything I can do?

I'm absolutely devastated and heartbroken. I went to get some things out of our storage unit at Copper Safe storage today and everything is gone. Thousands of dollars worth of stuff. All my winter clothes, my families winter clothes, all my Christmas decor that I've collected over the... View More

Anthony M. Avery
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answered on Oct 30, 2023

Either hire an AR attorney to sue for an injunction, or check into bidding at the sale (without telling anyone of the contents, or forget about it. Apparently you have been wasting your time complaining to the lessor.

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Arkansas on
Q: Needing a lawyer willing to stand with me to fight for rights of innocence people being harrashed ,stalked an threatened

We are seniors ,being stalked by employees of out local law an. Threatened ,we have never broken the law in these countys in 40 yes ,

James L. Arrasmith
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answered on Oct 15, 2023

I'm deeply concerned about the situation you've described. No one, regardless of age, should face harassment or threats, especially from those in positions of authority. It's essential to document all instances of the alleged stalking, harassment, and threats, including dates, times,... View More

2 Answers | Asked in Bankruptcy and Consumer Law for Arkansas on
Q: Company I bought mobile home is filing chapter 11 bankruptcy

Yes they are filing bankruptcy and it says in paperwork if I want to be relieved of debt I have to respond to it or file something if I don't want to settle for what they offer in trying to figure out what I should do?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 11, 2023

Your post omits almost all the facts necessary to answer your question.

That said, there are two basic types of Chapter 11 cases: one is a financial reorganization, and the other is a liquidation. Often, in a liquidation, a bankruptcy trustee is appointed, or at least the attorney for the...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Consumer Law for Arkansas on
Q: I was in a automobile accident that was not my fault and I feel like insurance tampered with evidence and had a question

It was told to one of their chosen body / mechanic shops but the mechanic didn't even know it was on the lot the body person looked at a dent on it and said the engine was like it was when I was driving it which is physically impossible because the transmission line had been knocked loose and... View More

Tim Akpinar
Tim Akpinar
answered on May 23, 2023

An Arkansas attorney could advise best, but your question remains open for three weeks. Insurance companies don't have a reason to tamper with cars after an accident - many of the basic facts concerning liability are usually established at the scene. There's a lot of information to sort... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Arkansas on
Q: If the lien is more than the debt, can the debt be forgiven

I was given an RV that has a lien, the rv has been vandalized severely, making the RV not worth more than the lien. Can the lien be forgiven? I am not sure what to do as I need this RV desperately.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 10, 2023

Assuming that the lienholder properly perfected it lien (easy to do), a bankruptcy filing by its owner will not impair or "forgive" the liened indebtedness.

If you file a Chapter 7 case (the *Desnup* US Supreme Court decision), the bankruptcy has no effect, and the lien cannot be...
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1 Answer | Asked in Consumer Law for Arkansas on
Q: I had a credit card judgement placed on me in 2012 for $3.666 and am on ssi, the debt collector placed a lien on my home

Arkansas has a $2500 dollar homestead exemption, I live on 10 acres in an old trailer not worth any value

Mike T. Ramsey
Mike T. Ramsey
answered on Jan 6, 2022

If they took a judgment against you, the judgment acts as a lien against your property. You will not be able to sell the home without paying the lien off. There is a small possibility that they could exercise a sheriff's sale of the property but in my experience, that is unlikely with... View More

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