Mandatory disclosure provisions for credit applications and credit instruments
Arkansas Constitution, Amendment 100, sec. 4
(a)
- (1) Each credit application must contain a statement approved by the Arkansas Racing Commission, separately signed by the patron, and in a font size of not less than nine (9) points, acknowledging the patron’s understanding, that under Arkansas law a credit instrument is the same as a personal check, and knowingly writing a credit instrument with insufficient funds in the account upon which it is drawn, or with intent to defraud, is a criminal act in the State of Arkansas which may result in criminal prosecution.
- (2) The following language, if used on a credit application, is deemed approved: Warning: For the purposes of Arkansas law, a credit instrument is identical to a personal check and may be deposited in or presented for payment to a bank or other financial institution on which the credit instrument is drawn. Willfully drawing or passing a credit instrument with the intent to defraud, including knowing that there are insufficient funds in an account upon which it may be drawn, is a crime in the State of Arkansas which may result in criminal prosecution in addition to civil proceedings to collect the outstanding debt.
(b)
- (1) Each credit instrument must contain a notification, approved by the commission, permanently and legibly printed on the face of the original credit instrument, in a font size of not less than six (6) points, that notifies the patron of the requirements of Arkansas law regarding personal checks.
- (2) The following language, if used on a credit instrument, is deemed approved: A credit instrument is identical to a personal check. Willfully drawing or passing a credit instrument knowing there are insufficient funds in an account upon which it may be drawn, or with the intent to defraud, is a crime in the State of Arkansas which may result in criminal prosecution.
- (c) All documents created pursuant to this section must be retained in accordance with the requirements of this part.
(d)
- (1) Credit applications and credit instruments issued by licensees to patrons after the effective date of this section must contain the required wording.
- (2) Such documentation issued by licensees to patrons before the effective date need not include the required disclosures.