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Arkansas Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)

Independently fact-checkedBy Recording Law Editorial Team22 min read

Independently fact-checked against primary sources (last audited October 3, 2026). · 11 primary sources cited on this page. How we verify our legal content

Arkansas Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)

Arkansas's Deceptive Trade Practices Act (ADTPA) gives a private right to sue, but a narrow one. Only a person who suffered an "actual financial loss" as a result of relying on a practice the Act makes unlawful can sue, and what they recover is that actual financial loss. There is no automatic doubling or tripling, class actions are barred for most claims, a court "may" award attorney's fees, and the Act's five-year clock applies. The Act defines actual financial loss as the gap between what you paid for goods or services and what they were actually worth, which fits a buyer more easily than someone who simply sent money to a stranger.

Arkansas adds three things worth knowing after a scam. People 60 and older and people with a disability have a separate cause of action for harm from a violation of the same Act, which can include punitive damages. A 2025 law put daily limits, a fee cap, warnings and a limited refund right on crypto ATMs (virtual currency kiosks). And a separate 2025 law made tricking someone out of a gift card or its codes a crime. Complaints go to the Attorney General, which mediates with businesses but cannot act as your lawyer.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers Arkansas state law: the Deceptive Trade Practices Act (Ark. Code title 4, chapter 88), Arkansas complaint offices, Arkansas protections for older adults and adults with disabilities, and Arkansas laws on crypto kiosks, gift card fraud, phishing and home solicitation sales, plus the deadline for an ADTPA lawsuit. Federal refund and reporting rights are summarized briefly and covered in depth on our national guides. Out of scope: criminal defense, and the law of other states (if the scammer or business is elsewhere, that state's law may also matter).

First steps if you were scammed in Arkansas

Contact the bank, card issuer, payment app, wire company or crypto exchange that moved your money right away. That company is usually the only one that can stop or reverse a payment, and your federal rights depend on how you paid. Our guide on how to get money back after a scam walks through each payment method, and the Zelle and payment app guide covers app transfers. If your bank turned you down, see what to do when the bank refuses a scam refund.

Then report it. Most scams go to the FTC at ReportFraud.ftc.gov and online crime to the FBI's IC3; our where to report a scam guide lists every federal channel. The Arkansas offices below are in addition to those, not instead of them. If the scammer got your Social Security number or account details, see Arkansas identity theft laws.

Where to report a scam in Arkansas

What happenedArkansas officeWhat it does with your report
A business scammed or misled you, or you did not get what you paid forAttorney General, consumer complaint (online form; paper form; consumer line 800-482-8982)Staff may contact the business and mediate. The office cannot act as a private attorney for an individual consumer.
A crypto ATM (virtual currency kiosk), money transmitter, currency exchange, investment or securities problemArkansas Securities Department complaint, (800) 981-4429Administers the money services law that covers kiosks. It cannot decide disputes, arbitrate claims or order firms to pay judgments in personal disputes.
A problem with a state-chartered bankArkansas State Bank Department, 501-324-9019Takes signed, dated written complaints and mails an acknowledgment within seven business days. Complaints about a national bank go to the OCC.
An adult who cannot protect themselves is being financially exploitedAdult Protective Services, Adult Maltreatment Hotline 1-800-482-8049Investigates exploitation of adults 18 and older who are impaired and cannot protect themselves, or who are endangered (in a dangerous situation whose consequences they do not understand). Reports can also be made online.

What an Attorney General complaint can and cannot do

The Attorney General's office says that "many consumer complaints are resolved when our office notifies the business about the problem," and that staff "may help by contacting a business and mediating a positive resolution." You can file online, or print a paper form and return it by mail. You can ask for a paper form by email or by calling (501) 682-2007. The complaint page also lists a Spanish-language complaint form.

Know the limits before you file. The office says it "cannot act as a private attorney for any individual consumer," that it is "unable to mediate anonymous complaints," and that what you submit "will be shared with the business against which you have complained." It will not mediate if you have hired a private attorney or the matter is already in court, and if a complaint is outside its jurisdiction it will refer you to another agency or suggest private legal advice. Mediation needs a business that will answer; it does not reach an anonymous scammer.

Crypto ATM scams

If you were scammed through a Bitcoin or other crypto kiosk, the Securities Department asks you to call it: "If you suspect you or someone you know is a victim of a scam involving a virtual currency (Bitcoin) kiosk, please call the ASD immediately at (800) 981-4429." Speed matters for the refund right described below.

Arkansas's consumer protection law: can you sue?

Sometimes, and the conditions are strict. Section 4-88-113(f) of the ADTPA says:

"(1)(A) 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. (B) A private class action under this subsection is prohibited unless the claim is being asserted for a violation of Arkansas Constitution, Amendment 89. (2) 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. (3) A court may award reasonable attorney's fees."

Three conditions come out of that text. You must have suffered an actual financial loss, you must have relied on the unlawful practice, and the loss must have been caused by that reliance. Each claimant has to prove this individually, which is why a group of victims generally cannot band together in a class action under this subsection.

What counts as an actual financial loss

The Act defines the term narrowly. Section 4-88-102 says actual financial loss "means 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."

That measure is built around a purchase. If a business sold you a worthless product or a service it never really provided, the gap between what you paid and what you got is the kind of loss the definition describes. If you sent money to an impostor without buying anything, it is not clear from the text how the definition applies, and we did not find an Arkansas court decision on that question in our research. A lawyer licensed in Arkansas can tell you whether your facts fit.

What practices are unlawful

The Act lists specific deceptive practices and ends with a catch-all. Section 4-88-107(a)(10) prohibits "Engaging in any other unconscionable, false, or deceptive act or practice in business, commerce, or trade." The Act also has exclusions in section 4-88-101. For example, it does not apply to actions or transactions specifically permitted under laws administered by the Bank Commissioner, the Securities Commissioner or other regulators, unless the regulator asks the Attorney General to step in.

What you can recover, and the deadline

What you recover is your actual financial loss proximately caused by the violation. Section 4-88-113(f) contains no tripling or minimum award, and attorney's fees are up to the court: it "may award reasonable attorney's fees."

Section 4-88-115 sets the deadline: an action to enforce the Act "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." Section 4-88-113 does not contain a pre-suit notice requirement, but do not wait: evidence and defendants disappear long before five years pass.

Penalties the state collects, not you

The Attorney General can also sue under the Act. A court in that case may order money or property restored to a purchaser who suffered an ascertainable loss, and may impose civil penalties of up to $10,000 per violation, which are "to be paid to the state" (section 4-88-113(a)). When the violation is committed against a person 60 or older or a person with a disability, section 4-88-202 allows an additional civil penalty of up to $10,000 per violation. Those penalties go to the state, not to the victim. Separately, knowingly and willfully committing an unlawful practice under the Act is a Class A misdemeanor (section 4-88-103).

The honest limit

Any lawsuit needs a defendant you can identify, serve and collect from. An ADTPA claim can work against an Arkansas business, a contractor or a seller with a real address. It usually does not work against an anonymous caller using a spoofed number, or someone overseas who took crypto, and a judgment does not help if nobody can be found to pay it. Our guide on when a lawyer helps after a scam explains when legal help is worth it and when it is not.

Protections for older adults in Arkansas

A separate cause of action at 60 and older. Section 4-88-204 provides: "An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees." An elder person is someone "sixty (60) years of age or older" (section 4-88-201). This claim still depends on a violation of the ADTPA. Section 4-88-204 is worded differently from section 4-88-113(f), and how courts apply the reliance and class-action limits to it is a question to ask an Arkansas lawyer; we did not find a court decision on it in our research.

a cup of tea beside a face-down phone and a closed folder

Exploiting an impaired or endangered adult is a crime. Section 5-28-103 makes it unlawful for "any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter." Exploitation worth $2,500 or more is a Class B felony; less than $2,500 but more than $200 is a Class C felony; and $200 or less is a Class A misdemeanor. This statute turns on whether the victim is impaired or endangered as Arkansas law defines those terms, not on age. An impaired person is an adult who, because of mental or physical impairment, "is unable to protect himself or herself" from abuse, neglect or exploitation.

Report it. Adult Protective Services takes reports on the Adult Maltreatment Hotline, 1-800-482-8049, or online. Under section 12-12-1708, an employee of a bank or other financial institution is among the people who must report when they suspect an endangered or impaired person has been subjected to adult maltreatment. By statute, Adult Protective Services refers suspected exploitation cases to the Attorney General's Consumer Protection Division within 48 hours (section 4-88-206(b)).

Banks may hold a suspicious transaction. Under section 4-88-208, if a bank, savings association or credit union "has reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted," it "may refuse or delay the execution of a financial transaction" of a customer 60 or older or a customer with a disability. The power is voluntary: unless a court orders otherwise, the institution "is not required to refuse or delay" and "may use its discretion." The section sets no fixed number of days; the hold "expires when the financial services provider reasonably believes that the financial transaction will not result in financial exploitation unless terminated earlier by an order of a court of competent jurisdiction." If you are worried about a parent's account, tell the bank directly that you suspect a scam.

The Attorney General can ask a court for a delay. Section 4-88-209 lets the Attorney General petition a court for an order delaying a disbursement of funds. The delay ends when the court directs, when the Attorney General determines there is no exploitation, or "no more than ten (10) business days after the date on which the petition was filed with the court."

Brokerages have their own hold rule. Under section 23-42-309, a broker-dealer or investment adviser may delay a disbursement or transaction for a vulnerable adult (someone 65 or older, someone under Adult Protective Services supervision, or someone otherwise susceptible to financial exploitation). The delay generally lasts up to 15 business days, can be extended to no more than 25 business days at the agency's request, and can be extended further by a court. The Securities Department has a vulnerable adult report form for financial firms.

For fraud against anyone 60 or older, the federal DOJ National Elder Fraud Hotline (833-372-8311) can also help you report; see our elder fraud guide.

Arkansas scam laws on the books

Crypto ATMs (virtual currency kiosks): Act 557 of 2025

a fan of plain gift cards on a table

Act 557 of 2025 (House Bill 1467), approved April 14, 2025, amended Arkansas's Uniform Money Services Act and added rules for virtual currency kiosks (Ark. Code section 23-55-1008). The Arkansas Securities Department administers that law. Its main protections, as written in the Act:

  • Daily limits: "two thousand dollars for each new customer of a virtual currency kiosk; and ... seven thousand five hundred dollars for each existing customer."
  • Fees: the fee and commission together "shall not exceed: (1) five dollars; or (2) eighteen percent of the amount of the virtual currency transaction."
  • A written warning: "WARNING: LOSSES DUE TO FRAUDULENT OR ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE AND TRANSACTIONS IN VIRTUAL CURRENCY ARE IRREVERSIBLE." The required disclosures also describe common scam scripts, such as someone impersonating a customer's family or friends, threatening jail time, claiming the customer's identity was stolen, or alleging the customer's computer was hacked.
  • A phone call before an older newcomer's first purchase: the operator must "identify and speak by telephone with an elder adult who is a new customer" before that customer completes a first transaction. An elder adult is 60 or older under the Act.
  • Receipts must include the Securities Department's name and phone number.

The refund right is narrow. A kiosk operator must allow a new customer, on request, to cancel and receive a full refund for fraudulent transactions made within 72 hours after the customer registered, but only if, within 14 days after the last transaction in that 72-hour window, the customer (1) contacts the operator and a government or law enforcement agency, and (2) files a report with a government or law enforcement agency documenting the fraud. As written, the refund covers new customers and that first 72-hour window only.

Act 557 has no emergency clause or stated effective date, and under Attorney General Opinion No. 2025-032 acts of that kind from the 2025 session took effect on August 5, 2025. If your transaction was earlier than that, ask the Securities Department which rules applied. For how crypto scams work and other recovery routes, see our crypto and investment scams guide.

Gift card fraud: Act 659 of 2025

Act 659 of 2025 (Senate Bill 302) created the crime of gift card fraud (Ark. Code section 5-37-229) and took effect on April 16, 2025, the date the Governor approved it. A person commits the offense if he or she "obtains by deception a gift card or gift card redemption information from a card holder or card issuer with the purpose of depriving the owner of property." That covers the familiar scam of persuading someone to buy gift cards and read out the codes.

The grade depends on the value of a card or, for multiple violations within 120 days, their combined value: $25,000 or more is a Class B felony; more than $5,000 but less than $25,000 is a Class C felony; more than $1,000 but less than $5,000 is a Class D felony; and less than $1,000 is a Class A misdemeanor. This is a criminal law enforced by prosecutors; it does not itself give the victim a lawsuit. See our gift card scams guide for what to do right away.

Phishing

Arkansas's Consumer Protection Against Computer Spyware Act says plainly: "No person shall engage in phishing" (section 4-111-103(d)). Phishing means "the use of electronic mail or other means to imitate a legitimate company or business in order to entice the user into divulging passwords, credit card numbers, or other sensitive information for the purpose of committing theft or fraud." Violations are "punishable by action of the Attorney General under the Deceptive Trade Practices Act" (section 4-111-104). For what to do if you clicked a link or gave out a code, see our phishing, smishing and vishing guide.

Door-to-door sales

If a seller came to your home and you signed a contract there, Arkansas gives you "the absolute right to cancel a home solicitation contract or offer until midnight of the third calendar day, excluding Sundays and holidays," after the day you signed (section 4-89-107(a)). This is counted differently from the federal three-business-day cooling-off rule, so go by the Arkansas wording and cancel in writing as early as you can. A home solicitation sale is also not enforceable by the seller if the seller commits a deceptive trade practice (section 4-89-108(b)).

Suing a scammer or a business in Arkansas

Small claims. Section 16-17-704 says "The district courts shall have subject matter jurisdiction as established by Supreme Court rule," so the dollar limit for a small claim is set in a court rule rather than in the statute. The Attorney General's complaint page suggests small claims court "if your disputed claim is less than $5,000." Confirm the current limit with your local district court clerk before filing.

Deadlines. An ADTPA claim has the five-year period in section 4-88-115. Other claims, such as a general fraud lawsuit, can have different deadlines and different rules for when the clock starts; we did not confirm them for this guide. Our Arkansas statute of limitations guide covers other civil deadlines, and an Arkansas lawyer can apply them to your dates.

Who you can actually reach. A lawsuit works against a person or business with a name, an address and money to pay a judgment. A scammer who hid behind a fake identity, a spoofed number or an overseas account is usually not reachable through an Arkansas court. In those cases your effort pays off with the payment company, a fast report to law enforcement, and protecting your identity. If a debt collector contacts you about a debt the scammer ran up, see Arkansas debt collection laws.

Last updated: October 2, 2026.

This article is general legal information, not legal advice. For your specific situation, contact your payment company, the Arkansas office named above, or a lawyer licensed in Arkansas.

Frequently Asked Questions

Can I sue a scammer in Arkansas?

Possibly, if you can identify and serve them and you meet the ADTPA's conditions: you must have suffered an actual financial loss caused by your reliance on an unlawful practice (Ark. Code section 4-88-113(f)). An anonymous or overseas scammer is usually not reachable through an Arkansas court.

Does the Arkansas Deceptive Trade Practices Act award triple damages?

No. A private plaintiff who proves an actual financial loss caused by reliance on an unlawful practice recovers that actual financial loss under section 4-88-113(f), and the court may award reasonable attorney's fees. There is no multiplier in that subsection.

What is an actual financial loss under the ADTPA?

Section 4-88-102 defines it as the difference between what a person paid for goods or services and the actual market value of what was provided. How that applies to someone who bought nothing from the scammer is not settled in what we reviewed; ask an Arkansas lawyer.

How long do I have to sue under the Arkansas Deceptive Trade Practices Act?

Five years from the date of the violation or the date the cause of action arises (section 4-88-115).

Can scam victims file a class action in Arkansas?

Not under the ADTPA private-action subsection. Section 4-88-113(f) prohibits a private class action unless the claim is for a violation of Amendment 89 of the Arkansas Constitution, and each claimant must prove their own loss and reliance.

Does Arkansas have special protections for elderly scam victims?

Yes. A person 60 or older, or a person with a disability, harmed by an ADTPA violation has a separate cause of action for actual damages, punitive damages if appropriate, and reasonable attorney's fees (section 4-88-204). Banks may also delay suspicious transactions on their accounts (section 4-88-208).

Will the Arkansas Attorney General get my money back?

Do not count on it. The office may contact the business and mediate, but it cannot act as your private attorney, cannot mediate anonymous complaints, and shares your complaint with the business. Call your payment company first.

Who do I call if an older adult in Arkansas is being scammed?

Call the Adult Maltreatment Hotline at 1-800-482-8049 if the person is impaired and cannot protect themselves, or is in a dangerous situation they do not understand, and contact the Attorney General's consumer line at 800-482-8982. The DOJ Elder Fraud Hotline (833-372-8311) helps with fraud against anyone 60 or older.

Can an Arkansas bank freeze a transaction if it suspects elder fraud?

It may, but it does not have to. Section 4-88-208 lets a bank or credit union refuse or delay a transaction if it suspects financial exploitation of a customer 60 or older or with a disability. The Attorney General can also ask a court for a delay of up to 10 business days after filing (section 4-88-209).

Does Arkansas regulate crypto ATMs?

Yes. Act 557 of 2025, in effect since August 5, 2025, set daily limits of $2,000 for new customers and $7,500 for existing customers, capped fees, required scam warnings, and gave new customers a refund right for fraudulent transactions in their first 72 hours if they report within 14 days.

Is gift card fraud a crime in Arkansas?

Yes. Since April 16, 2025, obtaining a gift card or its redemption information by deception is gift card fraud under Act 659 of 2025 (Ark. Code section 5-37-229), graded from a Class A misdemeanor to a Class B felony by value.

What is the small claims limit in Arkansas?

The limit is set by Arkansas Supreme Court rule, not in the statute (section 16-17-704). The Attorney General's complaint page points to small claims court for disputed claims of less than $5,000; confirm the current limit with your district court clerk.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Ark. Code § 4-88-113, Civil enforcement; private action at subsection (f) (Deceptive Trade Practices Act)(law.justia.com)
  2. Ark. Code § 4-88-102, Definitions (actual financial loss)(law.justia.com)
  3. Ark. Code § 4-88-115, Limitation of actions(law.justia.com)
  4. Ark. Code § 4-88-204, Civil action by elder persons or persons with a disability(law.justia.com)
  5. Arkansas Attorney General, File a complaint(arkansasag.gov).gov
  6. Arkansas Attorney General, Consumer Protection Division(arkansasag.gov).gov
  7. Arkansas Securities Department, File a complaint(securities.arkansas.gov).gov
  8. Arkansas State Bank Department, File a complaint(banking.arkansas.gov).gov
  9. Arkansas DHS, Adult Protective Services(humanservices.arkansas.gov).gov
  10. Arkansas Securities Department, New law protecting Arkansans from virtual currency kiosk frauds(securities.arkansas.gov).gov
  11. Ark. Code § 4-88-107, Deceptive and unconscionable trade practices(law.justia.com)
  12. Ark. Code § 4-88-101, Applicability of chapter(law.justia.com)
  13. Ark. Code § 4-88-202, Additional civil penalty (elder persons or persons with a disability)(law.justia.com)
  14. Ark. Code § 4-88-103, Criminal penalty(law.justia.com)
  15. Ark. Code § 5-28-103, Abuse, neglect or exploitation of an endangered or impaired person(law.justia.com)
  16. Ark. Code § 12-12-1708, Persons required to report adult maltreatment(law.justia.com)
  17. Ark. Code § 4-88-206, Reporting and referral (Adult Protective Services to Consumer Protection Division)(law.justia.com)
  18. Ark. Code § 4-88-208, Refusal or delay of financial transactions by financial services providers(law.justia.com)
  19. Ark. Code § 4-88-209, Court-ordered delay of disbursement on petition of the Attorney General(law.justia.com)
  20. Ark. Code § 23-42-309, Delayed disbursements for vulnerable adults (broker-dealers and investment advisers)(law.justia.com)
  21. Arkansas Securities Department, Vulnerable adult report(securities.arkansas.gov).gov
  22. DOJ Office for Victims of Crime, National Elder Fraud Hotline(ovc.ojp.gov).gov
  23. Act 557 of 2025 (HB 1467), An Act to Amend the Uniform Money Services Act (official text)(arkleg.state.ar.us).gov
  24. Arkansas Legislature, HB 1467 (2025) bill detail(arkleg.state.ar.us).gov
  25. Act 659 of 2025 (SB 302), gift card fraud (official text)(arkleg.state.ar.us).gov
  26. Ark. Code § 4-111-103, Phishing prohibited (Consumer Protection Against Computer Spyware Act)(law.justia.com)
  27. Ark. Code § 4-89-107, Home solicitation sales: right to cancel(law.justia.com)
  28. Ark. Code § 16-17-704, District court jurisdiction(law.justia.com)
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