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Attorney General empowered to combat deceptive trade practices under HB1082

January 23, 2025 | 2025 House Bills, 2025 Introduced Bills, House, 2025 Bills, Arkansas Legislation Bills, Arkansas


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Attorney General empowered to combat deceptive trade practices under HB1082
House Bill 1082, introduced in the Arkansas State Legislature on January 23, 2025, aims to bolster protections for minors against deceptive online practices. The bill empowers the Attorney General to take civil action against individuals or entities that engage in unfair or deceptive acts that could adversely affect the interests of Arkansas residents, particularly children and teenagers.

Key provisions of HB1082 include the ability for the Attorney General to seek injunctions against harmful practices, enforce compliance with established rules, and pursue damages or restitution on behalf of affected residents. The bill emphasizes the importance of using reliable empirical evidence to determine whether an online operator should have known that a user was a minor, based on the totality of circumstances and available technology.

Notably, the bill does not mandate operators to collect personal information regarding users' ages or implement age verification systems, which has sparked debate among lawmakers and stakeholders. Proponents argue that the legislation is crucial for safeguarding young users in an increasingly digital world, while opponents raise concerns about the potential burden on businesses and the feasibility of enforcement.

The implications of HB1082 are significant, as it seeks to address the growing concern over online safety for minors amid rising incidents of cyber exploitation and deceptive marketing practices. Experts suggest that if passed, the bill could set a precedent for similar legislation in other states, potentially reshaping how online platforms operate in relation to youth engagement.

As the bill moves through the legislative process, its future remains uncertain, with discussions expected to continue around its provisions and potential amendments. The outcome could have lasting effects on both consumer protection and the digital landscape in Arkansas.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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Scribe from Workplace AI
Scribe from Workplace AI