The bill amends the Arkansas Code concerning health-related cash discount cards, specifically addressing prohibited practices and penalties associated with their sale and distribution. It removes the phrase "unlawful and" from the definition of violations, clarifying that selling or promoting such cards without proper disclosures is a violation of the subchapter. New provisions require that any card or purchasing mechanism that offers discounts in exchange for fees must clearly state that these discounts are not insurance and inform consumers of their right to cancel within thirty days. Additionally, the bill introduces a requirement for businesses to receive written notice of alleged violations before a consumer can initiate legal action, allowing them a chance to rectify the issue.
The bill also expands the scope of who can bring an action against violators, allowing consumers to seek damages if they provide prior notice of the violation. It specifies that if a business corrects the violation within the notice period, no further action can be taken against them. Furthermore, the remedies available to consumers are cumulative, meaning they can pursue additional remedies under the Deceptive Trade Practices Act. The act is retroactive, applying to violations that occurred before its effective date.