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Arkansas'
Automatic Renewal Contract Law |
Title 4 Business and Commercial Law
Subtitle 7. Consumer Protection
Chapter 86 General Provisions
A.C.A. § 4-86-106 (2007)
4-86-106. Automatic renewal of professional home security contracts
prohibited.
(a) Except as provided in subsection (c) of this section, no
professional
home security services contract that is entered into after August 1,
2003,
shall state that the term of the professional home security services
contract will
automatically be renewed for any additional period beyond the
initial term of
the professional home security services contract.
(b) Except as provided in subsection (c) of this section, no
professional
home security services contract under subsection (a) of this section
shall be
renewed for any additional period beyond the initial term of the
professional
home security services contract unless the person receiving the
professional home
security services affirmatively notifies the person offering the
professional
home security services that he or she wishes to renew the
professional home
security services contract.
(c) (1) A provider of professional home security services and a
person may
enter into a professional home security services contract that has a
fixed
initial term and successive, automatic monthly renewal terms.
(2) If the professional home security services contract contains a
renewal
clause as described in subdivision (c)(1) of this section, then:
(A) The professional home security services contract shall
conspicuously
state that the person receiving the professional home security
services has the
right without additional cost or penalty to terminate the
professional home
security services contract at the end of the initial term or the
then current
renewal; and
(B) The person shall provide the provider of the professional home
security
services with notice of his or her intent to terminate by written
notice at
least thirty (30) days before the expiration of the initial term or
the then
current renewal term.
(d) This section does not affect the initial term of a professional
home
security services contract under subsection (a) of this section and
does not
prohibit any person from offering to renew a professional home
security services
contract under subsection (a) of this section.
(e) If a professional home security services contract under this
section is
renewed in violation of this section, the person receiving the
professional
home security services may without additional cost or penalty
immediately
terminate the professional home security services contract by giving
a written
termination notice to the provider and shall not be obligated to
perform under the
professional home security services contract as renewed.
HISTORY: Acts 2003, No. 1344, § 1; 2007, No. 439, § 1.
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