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AMI2901Definitions—Deceptive Trade Practices

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2901
Arkansas Model Jury Instructions-Civil
November 2020 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 29. Deceptive Trade Practices
AMI 2901 Definitions—Deceptive Trade Practices
When I use the word “contribution” in these instructions, I mean the promise or grant of any money or property of any kind or value.
When I use the word “person” in these instructions, I mean an individual, organization, group, association, partnership, corporation, or any combination of them.
When I use the word “solicitation” in these instructions, I mean each request for a contribution.
When I use the word “goods” in these instructions, I mean any tangible property, coupons, or certificates, whether bought or leased.
When I use the word “services” in these instructions, I mean work, labor, or other things purchased that do not have physical characteristics.
When I use the words “bait-and-switch advertising” in these instructions, I mean advertising consisting of an attractive but insincere offer to sell a product or service that the seller in truth does not intend or desire to sell, evidenced by refusal to show or disparagement of the advertised product, the requirement of a tie-in sale or other undisclosed conditions precedent to the purchase, demonstrating a defective product, or other acts demonstrating an intent not to sell the advertised product or services.
When I use the words “actual financial loss” in these instructions, I mean an ascertainable amount of money that is equal to the difference between the amount paid by a person for goods or services and the actual market value of the goods or services provided to a person.
NOTE ON USE
Use this instruction, or the applicable part, in conjunction with other instructions, as necessary.
COMMENT
This instruction is based on Ark. Code Ann. §§ 4-88-102, 4-88-105(c), and 4-88-107(a)(5).
The phrase “actual financial loss” and its definition were added by Act 986 of 2017. See the Comment to AMI 2900 for a discussion of Act 986 and its impact on the ADTPA.
Business entities and other non-consumers, as well as individuals, may bring claims under the Act. Ark. Code Ann. § 4-88-102(5); Vanoven v. Chesapeake Energy Corp., 2011 WL 1042251 (E.D. Ark. 2011); ElectroCraft Arkansas, Inc. v. Super Electric Motors, Ltd., 70 U.C.C. Rep. Serv. 2d 716 (E.D. Ark. 2009).
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