Arkansas Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Arkansas regulates telemarketing through several separate statutes rather than one code. Title 4, Chapter 99 of the Arkansas Code (Ark. Code Ann. § 4-99-101 et seq.) contains four subchapters: a registration, bond, and disclosure law for a defined class of "telephonic sellers"; a set of general calling-conduct rules for calls to residences; a caller identification subchapter; and the Arkansas do-not-call law. The criminal code adds a ban on automated dialing combined with recorded sales messages (Ark. Code Ann. § 5-63-204) and a caller ID spoofing offense (Ark. Code Ann. § 5-63-205). In 2025 the General Assembly extended the state's unsolicited commercial electronic mail law (Ark. Code Ann. § 4-88-601 et seq.) to text messages, which brought with it a private action carrying statutory damages.

Most of these provisions are enforced through the Arkansas Deceptive Trade Practices Act (ADTPA), Ark. Code Ann. § 4-88-101 et seq. The Attorney General enforces them. A private plaintiff under the ADTPA must show actual financial loss and reliance, and private class actions are generally barred. The practical exposure for callers therefore comes mainly from Attorney General enforcement, criminal liability under the automated-call statute, and, for commercial texts, the per-message damages under the 2025 amendments.

The Arkansas do-not-call database is now tied to the National Do Not Call Registry. The Attorney General's office states: "After the National Do Not Call List was established, the Arkansas Do Not Call list was merged with the federal list. Now, if you are registered on the federal list you enjoy the protections of both the federal and Arkansas Do Not Call laws."

Key statutes and regulations

Detailed provisions

Do-not-call

The Arkansas do-not-call law is Subchapter 4 of Chapter 99, the Arkansas Consumer Telephone Privacy Act. Its definition of "telephone solicitation" covers both sales and charitable calls and expressly reaches messages as well as calls. Section 4-99-403(6)(A) provides:

"Telephone solicitation" means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of or investment in property, goods, or services, or the initiation of a telephone call or message for the purpose of encouraging a charitable contribution by or on behalf of any charitable organization, which telephone call or message is transmitted to any consumer, but "telephone solicitation" does not include a call or message to any person made with that person's prior written express invitation or permission nor a call or message to any consumer with whom the telephone solicitor has a prior or existing business relationship.

Two defined terms narrow the subchapter. A "consumer" is "any person to whom has been assigned in the State of Arkansas any residential telephone line and corresponding telephone number" (§ 4-99-403(3)), so the subchapter protects residential lines; whether a wireless number used as a household line qualifies is not addressed in the text. The business relationship exclusion is broad in time but requires a transaction. Under § 4-99-403(5)(A):

"Prior or existing business relationship" means a relationship in which some financial transaction has transpired between the consumer and the telephone solicitor or its affiliates within the thirty-six (36) months immediately preceding the contemplated telephone solicitation.

A prior solicitation alone does not create the relationship (§ 4-99-403(5)(B)).

The definition also excludes calls to a consumer who has posted a "for sale" sign listing a phone number, and "a telephone call made solely in connection with an existing debt or contractual obligation, payment or performance of which has not been completed at the time of the call." Ark. Code Ann. § 4-99-403(6)(B), (C).

The prohibitions are in § 4-99-405:

It shall be a violation of this subchapter for any person to: (1) Make or transmit a telephone solicitation to the telephone number of any consumer included in the then-current database maintained by the Attorney General pursuant to this subchapter; (2) Make or transmit a telephone solicitation without having first accessed, in the manner specified by the Attorney General, the then-current database maintained by the Attorney General pursuant to this subchapter; or (3) Make or transmit a telephone solicitation if that telephone solicitation violates the Federal Trade Commission Do-Not-Call rule set out in 16 C.F.R. § 310.4, as in effect on March 1, 2003.

Two features stand out. First, subsection (2) makes it a separate violation to solicit without first accessing the current database, even if the number called is not listed. Second, subsection (3) incorporates the Federal Trade Commission (FTC) do-not-call rule as it stood on March 1, 2003, so a violation of that version of the federal rule is also a state law violation.

Under § 4-99-407(a), "Any violation by any person of the prohibitions set out in § 4-99-405 shall constitute an unfair or deceptive act or practice as defined by § 4-88-101 et seq. of the Deceptive Trade Practices Act." The Attorney General's guidance tells sellers that "Telemarketers and sellers are required to search the Do Not Call Registry at least once every 31 days and drop registered numbers from their call lists."

Registration and bond

Subchapter 1 of Chapter 99 regulates "telephonic sellers." The definition in § 4-99-103(8) is narrower than a general telemarketer definition. It reaches a seller that "initiates telephonic contact with a prospective purchaser and represents or implies" any of five things: that a buyer of one or more items "will also receive additional or other items, whether or not of the same type as purchased, without further cost"; that the purchaser "will receive a prize or gift" if the seller also encourages a purchase or payment; that an item is available below its regular price (with an exception for retailers whose sales are mostly in-store); "That the seller is a person other than the person he or she is"; or that the items are made or supplied by someone other than the actual manufacturer or supplier (§ 4-99-103(8)(A)). It also reaches inbound sales generated by unrequested notifications telling recipients they were specially selected or will receive a prize or free items (§ 4-99-103(8)(B)). Section 4-99-103(8)(C) excludes, among others, registered securities sellers, licensed insurance sellers, certain newspaper, magazine and club sellers, "A person soliciting business from prospective purchasers who have previously purchased from the business enterprise for which the person is calling," sellers who complete the sale at a later face-to-face meeting, supervised financial institutions, burial associations, businesses regulated by the Arkansas Public Service Commission, certain securities issuers, Commodity Futures Trading Commission registrants, and sales to holders of resale permits.

A covered seller must register in advance:

Not less than ten (10) days before doing business in this state, a telephonic seller shall register with the Secretary of State by filing the information required by this chapter and a filing fee of one hundred dollars ($100).

Ark. Code Ann. § 4-99-104(a)(1). The statute treats a seller as doing business in Arkansas "if the seller solicits prospective purchasers from locations in this state or solicits prospective purchasers who are located in this state." § 4-99-104(a)(2). Registration "shall be valid for one (1) year from the effective date thereof and may be renewed by making the filing required by this chapter and paying a filing fee of one hundred dollars ($100)." § 4-99-104(b). Salespeople register separately: each "shall, within seventy-two (72) hours after accepting such employment, register with the Secretary of State," with "a fee in the sum of ten dollars ($10.00)." § 4-99-104(f)(1), (2).

The bond requirement is in § 4-99-107(a):

A telephonic seller shall maintain a bond issued by a surety company authorized to do business in this state.

The bond "shall be in the amount of fifty thousand dollars ($50,000) in favor of the State of Arkansas for the benefit of a person suffering injury or loss by reason of a violation of this chapter," and "A copy of the bond shall be filed with the Secretary of State." § 4-99-107(a)(2), (3). The seller must also notify the Secretary of State at least 10 days before starting a promotion that offers a premium worth $500 or more, and "shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient." § 4-99-107(b)(1), (2)(A)(i).

A seller must also file "an irrevocable consent appointing the Secretary of State to act as the seller's attorney to receive service of any lawful process" in civil matters arising under the chapter. § 4-99-109(a). A seller may not refer to its compliance with the chapter in dealing with purchasers: "No seller shall make or authorize the making of any reference to its compliance with this chapter to any prospective or actual purchaser." § 4-99-108(b).

Individual salespeople are covered as well: "A salesperson shall not solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the Secretary of State under this chapter." § 4-99-110(a)(1). A salesperson who violates that provision "shall be guilty of a Class A misdemeanor." § 4-99-110(a)(2). Any person who "willfully violates a provision of this chapter," or uses "a device, scheme, or artifice to deceive" in connection with a telephonic sale, is guilty of a Class D felony. § 4-99-110(b). Control persons, officers, directors and employees who materially aid the sale are jointly and severally liable unless they prove they did not know and could not reasonably have known the relevant facts. § 4-99-110(c)(1).

Calling hours

No Arkansas statute reviewed for this page sets calling hours for telephone solicitations. The legislative findings in the do-not-call subchapter note that "the proliferation of unsolicited telemarketing calls, especially during the evening hours, creates a disturbance upon the home and family life of Arkansas consumers during a time of day used by many families for traditional family activities." Ark. Code Ann. § 4-99-402(a)(4). Section 4-99-405(3) incorporates only the FTC "Do-Not-Call rule," and whether that reference reaches the Telemarketing Sales Rule's separate calling-hour provision is not addressed in the text. The federal limit of 8 a.m. to 9 p.m. applies of its own force. See the federal comparison section below.

Call frequency

Arkansas has no statutory limit on the number of calls to the same consumer. The conduct rule in § 4-99-201(a)(2) does limit what the caller may do once the consumer declines during a call:

If the person receiving the telephone call indicates that he or she does not want to hear about the charity, goods, or services, the caller shall not attempt to provide additional information during that conversation about the charity, goods, or services.

Automated dialing and recorded messages compared with Facebook v. Duguid

Arkansas has a criminal ban on automated recorded sales calls. Section 5-63-204(a)(1) provides:

It is unlawful for any person to use a telephone for the purpose of offering any goods or services for sale, or for conveying information regarding any goods or services for the purpose of soliciting the sale or purchase of the goods or services when the use involves an automated system for the selection and dialing of telephone numbers and the playing of recorded messages when a message is completed to the called number.

The statute permits automated recorded calls only to inform a purchaser "concerning receipt and availability of the goods or services for delivery to the purchaser," to "Convey information concerning any delay or pertinent information about the current status of any purchase order previously made," or when "the call is made or message given solely in response to a call initiated by the person to which the automatic call or recorded message is directed." § 5-63-204(a)(2). There is no exception for prior express consent. A person who violates the section "upon conviction is guilty of a Class D felony." § 5-63-204(b).

The Arkansas formulation differs from the federal "automatic telephone dialing system" definition construed in Facebook, Inc. v. Duguid (2021). Under federal law after Duguid, the question is whether the equipment has the capacity to store or produce numbers "using a random or sequential number generator" (47 U.S.C. § 227(a)(1)). The Arkansas statute instead requires both "an automated system for the selection and dialing of telephone numbers" and "the playing of recorded messages." Whether a system "selects" numbers from a stored list falls within the Arkansas phrase has not been resolved in any decision located for this page. Because the statute is written conjunctively ("and the playing of recorded messages"), the better reading is that a live-agent call placed with a predictive dialer is not covered, while a prerecorded sales message delivered through automated dialing is within it. No Arkansas decision has adopted either reading.

An earlier version of § 5-63-204(a)(1) also reached calls "in connection with a political campaign." In Gresham v. Rutledge (E.D. Ark. 2016), the court held "that the statute at issue is a content-based regulation that does not survive strict scrutiny," and enjoined enforcement of the provision "insofar as that provision applies to telephone calls made in connection with a political campaign." The current text, quoted above, no longer contains the political campaign clause; the section's history note lists Acts 2019, No. 677, §§ 6 and 7 as the most recent amendment.

The Attorney General, "a prosecuting attorney, any law enforcement officer, or any telephone company serving an area from which automated telephone calls are made may seek injunctive relief to enforce the provision of this section." § 5-63-204(c)(1). "If a civil action is filed pursuant to this section, the prevailing party is entitled to a reasonable attorney's fee and court costs." § 5-63-204(c)(2).

Text messages

Two Arkansas regimes may reach text messages.

First, the do-not-call subchapter and the caller ID subchapter both define "telephone solicitation" to include the "initiation of a telephone call or message." Ark. Code Ann. §§ 4-99-301(7), 4-99-403(6)(A). No court decision located for this page has decided whether "message" in those definitions includes a text message.

Second, Act 847 of 2025 (HB 1957) amended the unsolicited commercial electronic mail subchapter, Ark. Code Ann. § 4-88-601 et seq., to cover text messages. As amended, § 4-88-603 requires a sender of a commercial text message to:

For a commercial text message, conspicuously state the: (i) Person from whom the text message originates; (ii) Purpose of the text message; and (iii) Ability to opt out and method of opting out of receiving further text messages from the person;

A message sent to someone with a relationship is not "unsolicited," but the disclosures still apply: "A commercial electronic mail or text message is not unsolicited if the sender has a preexisting business or personal relationship with the recipient." The sender "must still include in the electronic mail message or text message the required disclosures set forth in subdivisions (a)(3) and (4) of this section and shall remove the recipient from future mailings or text messages if requested." Act 847 of 2025, § 5 (amending § 4-88-603(b)).

Once a recipient opts out, the sender "may not send that recipient a commercial electronic mail or text message or a sexually explicit electronic mail or text message either directly or through a subsidiary or affiliate." Act 847 of 2025, § 5 (amending § 4-88-603(d)(1)). The sender may recontact the recipient only "if a preexisting business relationship has been reestablished or if the recipient has expressly requested to receive future mailings or text messages from the sender." Id. (amending § 4-88-603(d)(2)).

Caller ID

Subchapter 3 of Chapter 99 bars blocking caller ID on solicitations:

It is a violation of this subchapter for any person to make or transmit a telephone solicitation while using any method, including, but not limited to, per call blocking or per line blocking, that prevents caller identification information for the telephone solicitor's lines used to make telephone calls to a consumer from being shown by a device capable of displaying caller identification information.

Ark. Code Ann. § 4-99-302(a). It is also a violation "for a person making or transmitting a telephone solicitation by any method to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service." § 4-99-302(b)(1). A parallel rule in § 4-99-201(c)(3)(A) applies to callers covered by that section.

The criminal code adds a broader spoofing offense. Section 5-63-205(a) makes it unlawful, "in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information if the purpose is to defraud, cause harm, or wrongfully obtain anything of value." Section 5-63-205(b) makes it unlawful "to cause a caller identification service to transmit misleading or inaccurate caller identification information unless the person has verified that the caller has a right to use the name and the phone number displayed." Section 5-63-205(d) makes it unlawful "to use a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service for any purpose." Exceptions include transmitting "an inaccurate telecommunications telephone number for a legitimate business purpose." § 5-63-205(e)(5). "A violation of this section is a Class D felony." § 5-63-205(g).

Disclosures and opt-out

Section 4-99-201(a)(1) applies to any person who, on behalf of a charity, business, or organization, calls a residential number to solicit a contribution or offer goods or services. That person:

shall immediately disclose to the person contacted: (A) The caller's identity and the identity of the person or organization on whose behalf the telephone call is being made; and (B) The purpose of the telephone call, including a brief description of the goods or services to be offered.

A violation "shall be a Class A misdemeanor" and is also an ADTPA violation. § 4-99-201(b), (c)(1).

Telephonic sellers that represent that a purchaser will receive free items must disclose, "at the time the solicitation is made and prior to consummation of any sales transaction," among other things, "The odds a single prospective purchaser has of receiving each described item" and "The complete street address of the location from which the salesperson is calling the prospective purchaser." § 4-99-108(a)(2), (4).

Contracts, payment, and cancellation

Subchapter 2 restricts certain payment practices. A caller offering merchandise may not "dispatch a courier or other individual to the residence to collect payment before the consumer has inspected the merchandise." § 4-99-202(a)(1). For prize offers, "It shall be unlawful for any person who calls a residential telephone number for the purpose of offering a prize to a consumer to dispatch a courier or other individual to the consumer's home for the purpose of collecting any fees or costs of any kind from the consumer." § 4-99-202(a)(2).

Telemarketers may not draw on a consumer's bank account by check or draft "without the consumer's express written authorization." § 4-99-203(b)(1). Under the statute, "a check bearing the valid signature of the consumer shall constitute the consumer's express written authorization." § 4-99-203(b)(2).

No general telephone sales cancellation right specific to Arkansas was located in the statutes reviewed for this page.

Exemptions

The do-not-call subchapter exempts several groups in § 4-99-406. These include resident real estate licensees calling "for the sole purpose of selling, exchanging, purchasing, renting, listing for sale or rent, or leasing real estate in accordance with the provisions for which he or she was licensed and not in conjunction with any other offer," resident licensed motor vehicle dealers, and any licensed insurance agent "whose call to the consumer is for the purpose of soliciting, consulting, advising, or adjusting in the business of insurance." § 4-99-406(1) to (3). Registered securities professionals are also exempt. § 4-99-406(4). The remaining exemptions cover uncompensated callers soliciting solely for a charitable organization, callers soliciting newspaper subscriptions or advertising, bank calls about "banking services other than credit card offers," and calls by licensed funeral establishments about their ordinary services. § 4-99-406(5) to (8).

These exemptions apply only to the do-not-call subchapter. They do not exempt anyone from the automated-call ban in § 5-63-204 or the caller ID rules. A state-law exemption also does not exempt a caller from the federal National Do Not Call Registry rules.

Private right of action

Chapter 99 itself gives consumers no separate damages action for do-not-call or caller ID violations. Those violations are made ADTPA violations. §§ 4-99-303(a), 4-99-407(a). The ADTPA private action is narrow:

A person who suffers an actual financial loss as a result of his or her reliance on the use of a practice declared unlawful by this chapter may bring an action to recover his or her actual financial loss proximately caused by the offense or violation, as defined in this chapter.

Ark. Code Ann. § 4-88-113(f)(1)(A). "To prevail on a claim brought under this subsection, a claimant must prove individually that he or she suffered an actual financial loss proximately caused by his or her reliance on the use of a practice declared unlawful under this chapter." § 4-88-113(f)(2). A typical unwanted call involves no financial loss or reliance, so this action will seldom be available for telemarketing calls alone.

The commercial text message law is different. As amended by Act 847 of 2025, § 4-88-606(a) allows an action by "A person who received the unsolicited commercial electronic mail or text message or unsolicited sexually explicit electronic mail or text message that violates this subchapter," or by a provider "through whose facilities" the message was transmitted.

Damages

Under the text message law, a plaintiff "may elect, in lieu of actual damages, to recover the lesser of: (A) Ten dollars ($10.00) per unsolicited commercial electronic mail or text message or unsolicited sexually explicit electronic mail or text message sent to a previously opted-out electronic mail address or phone number or transmitted through the electronic mail service provider or phone service provider or otherwise sent in violation of this subchapter," or "Twenty-five thousand dollars ($25,000) per day the violation occurs." Act 847 of 2025, § 7 (amending § 4-88-606(b)(1)).

The statute provides an affirmative defense for a sender that "Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages or text messages," "Established and implemented with due care and reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages or text messages in violation of this subchapter," "Trained the sender's personnel in the requirements of this subchapter," and "Maintained records demonstrating compliance with this subchapter." Id. (amending § 4-88-606(c)).

Under the ADTPA, private recovery is limited to actual financial loss. § 4-88-113(f)(1)(A).

Attorney fees

"Each prevailing recipient or electronic mail service provider or phone service provider shall be awarded costs and reasonable attorney's fees" under the text message law. Act 847 of 2025, § 7 (amending § 4-88-606(b)(2)). Under the ADTPA private action, "A court may award reasonable attorney's fees." § 4-88-113(f)(3). In a civil action under the automated-call statute, "the prevailing party is entitled to a reasonable attorney's fee and court costs." § 5-63-204(c)(2).

Class action limits

The ADTPA states: "A private class action under this subsection is prohibited unless the claim is being asserted for a violation of Arkansas Constitution, Amendment 89." § 4-88-113(f)(1)(B). The text message action in § 4-88-606 is a separate provision, and the reviewed text contains no class action bar of its own.

Statute of limitations

"Any civil action brought to enforce the provisions of this chapter may be brought in any court of competent jurisdiction in this state during a period of five (5) years commencing on the date of the occurrence of the violation or the date upon which the cause of action arises." Ark. Code Ann. § 4-88-115. Section 4-88-115 is in Chapter 88, so it appears to reach both ADTPA actions and the Chapter 88 text message action. Chapter 99 violations enforced through the ADTPA likely follow the same period, but that has not been confirmed.

Attorney General enforcement

For do-not-call violations, "All authority granted to the Attorney General and all remedies available to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be granted to and available to the Attorney General for the enforcement of this subchapter" once the database update period in § 4-99-404(6) has run. § 4-99-407(b). Similar language applies to Subchapters 2 and 3. §§ 4-99-201(c)(2), 4-99-303(b)(1).

In an Attorney General action, the court may order injunctive relief and restitution and may "Assess penalties to be paid to the state, not to exceed ten thousand dollars ($10,000) per violation, against persons found to have violated this chapter." § 4-88-113(a)(3). "Any transmission of unsolicited commercial or sexually explicit electronic mail or text message in violation of this subchapter shall constitute an unfair and deceptive act or practice under § 4-88-107." Act 847 of 2025, § 8.

How Arkansas law differs from federal law

Arkansas is stricter than federal law in three main ways. The first is the criminal ban on automated recorded sales calls in § 5-63-204, which has no consent exception. Under federal law, prerecorded telemarketing calls to residential lines are permitted with "the prior express written consent of the called party." 47 C.F.R. § 64.1200(a)(3). A seller that has valid federal consent may still be exposed under the Arkansas statute if it uses automated dialing to deliver a recorded sales message to an Arkansas number, unless one of the delivery, status, or consumer-initiated exceptions applies.

The second is the registration and bond regime for telephonic sellers, which has no federal counterpart.

The third is the separate violation for failing to access the do-not-call database before soliciting. That duty parallels the federal safe harbor requirement to use "a version of the national do-not-call registry obtained from the administrator of the registry no more than 31 days prior to the date any call is made." 47 C.F.R. § 64.1200(c)(2)(i)(D).

Arkansas is more forgiving than federal law in other respects. Its 36-month business relationship window is longer than the federal window. Its private remedies for calls are much weaker than the TCPA's private actions, because the ADTPA requires actual financial loss and reliance and bars private class actions. The federal private action for do-not-call violations allows "up to $500 in damages for each such violation." 47 U.S.C. § 227(c)(5). On federal coverage of texts, the Seventh Circuit held in July 2026 that § 227(c)(5) does not reach text messages. Steidinger v. Blackstone Medical Services, LLC, No. 25-2398 (7th Cir. July 14, 2026). Arkansas is in the Eighth Circuit, and no Eighth Circuit decision on that question was located for this page. If other courts follow the Seventh Circuit, the Arkansas text message remedy under § 4-88-606 becomes a more important source of private liability for commercial texts.

Notable case law

Gresham v. Rutledge, No. 4:16-cv-00241-JLH (E.D. Ark. July 27, 2016). Plaintiffs challenged § 5-63-204(a)(1), as it then applied to automated calls "in connection with a political campaign," under the First Amendment. The court stated: "The parties agree that the statute is a content-based restriction on speech, which means that it is subject to strict scrutiny." It held "that the statute at issue is a content-based regulation that does not survive strict scrutiny" and ordered that the Attorney General be enjoined "from enforcing Ark. Code Ann. § 5-63-204(a)(1) insofar as that provision applies to telephone calls made in connection with a political campaign." The decision did not address the commercial portion of the statute, which remains in force.

No published appellate decision construing the Arkansas do-not-call subchapter, the telephonic seller registration law, or the 2025 text message amendments was located in official sources for this page.

Recent amendments

Act 847 of 2025 (HB 1957), shown on the enrolled act as "APPROVED: 4/17/25," has no emergency clause and therefore took effect on the general effective date for the 2025 regular session, which the Attorney General determined to be August 5, 2025 (Op. Ark. Att'y Gen. No. 2025-032). It amended Ark. Code Ann. §§ 4-88-601 through 4-88-607 to cover text messages. It added commercial text message disclosure requirements, extended the opt-out rule to texts, gave recipients and phone service providers a civil action, and made violations involving text messages ADTPA violations. The current codified text of § 5-63-204(a)(1) no longer includes the political campaign clause addressed in Gresham v. Rutledge. The 2025 Arkansas Code text of the Chapter 99 sections and § 5-63-204 shows no amendment after 2019.

Practical compliance checklist

• Scrub Arkansas numbers against the National Do Not Call Registry at least once every 31 days, and do not solicit without first accessing the current list.
• Do not use automated dialing to deliver prerecorded sales messages to Arkansas numbers unless one of the narrow § 5-63-204 exceptions applies. Federal consent alone does not satisfy the Arkansas statute.
• Determine whether your offers make the § 4-99-103(8) representations that make you a "telephonic seller." If so, register with the Secretary of State at least 10 days before calling, register each salesperson within 72 hours of hire, renew annually, and post the $50,000 bond.
• At the start of each call, identify the caller, the company, and the purpose of the call. Stop pitching if the consumer says they are not interested.
• Transmit accurate caller ID, never block it, and do not display a number you are not entitled to use.
• Have every commercial text identify the sender and purpose and explain how to opt out, and honor opt-outs across affiliates.
• Keep a written opt-out list, written procedures, training records, and compliance records to support the § 4-88-606(c) affirmative defense.
• Obtain express written authorization before drawing on a consumer's bank account by check or draft.
• Treat the business relationship exemption as limited to transactions within the prior 36 months, and apply the shorter federal windows for federal compliance.

References

• Ark. Code Ann. §§ 4-99-101 to 4-99-408 (2025), Justia (backup text; the official Arkansas Code is published through LexisNexis): https://law.justia.com/codes/arkansas/title-4/subtitle-7/chapter-99/
• Ark. Code Ann. §§ 4-88-113, 4-88-115 (2025), Justia: https://law.justia.com/codes/arkansas/title-4/subtitle-7/chapter-88/subchapter-1/
• Ark. Code Ann. §§ 4-88-601 to 4-88-607 (2025), Justia: https://law.justia.com/codes/arkansas/title-4/subtitle-7/chapter-88/subchapter-6/
• Ark. Code Ann. § 5-63-204 (2025), Justia: https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-63/subchapter-2/section-5-63-204/
• Ark. Code Ann. § 5-63-205 (2025), Justia: https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-63/subchapter-2/section-5-63-205/
• Op. Ark. Att'y Gen. No. 2025-032 (effective date of 2025 acts): https://ag-opinions.s3.amazonaws.com/uploads/2025-032.pdf
• https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2F&file=847.pdf&ddBienniumSession=2025%2F2025R
• https://arkansasag.gov/divisions/public-protection/technology/do-not-call-telemarketing/
• https://www.govinfo.gov/content/pkg/USCOURTS-ared-4_16-cv-00241/pdf/USCOURTS-ared-4_16-cv-00241-0.pdf
• https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310
• https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-P/section-64.1601
• Steidinger v. Blackstone Medical Services, LLC, No. 25-2398 (7th Cir. July 14, 2026): https://www.govinfo.gov/content/pkg/USCOURTS-ca7-25-02398/pdf/USCOURTS-ca7-25-02398-0.pdf
• https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.