Unauthorized use of electronic signature

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  1. (a) A person whose electronic signature is used in an unauthorized fashion may recover or obtain any or all of the following against the person who engaged in such an unauthorized use, provided that the use of the electronic signature in an unauthorized fashion was negligent, reckless, or intentional:

    1. (1) Actual damages;

    2. (2) Equitable relief, including, but not limited to, an injunction or restitution of money or property;

    3. (3) Punitive damages under the circumstances set forth in Arkansas law;

    4. (4) Reasonable attorney's fees and expenses; and

    5. (5) Any other relief which the court deems proper.

  2. (b) Nothing in this section shall preclude criminal sanctions.

  3. (c) Nothing in this section shall be deemed to waive the sovereign immunity otherwise provided by law to the state or any of its political subdivisions.


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