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Can I charge different prices to different customers without violating discrimination laws in Arkansas? What are the requirements?

Can I charge different prices to different customers without violating discrimination laws in Arkansas?

No, it is generally prohibited to discriminate between different customers by charging different prices for the same commodity or product in different sections, localities, communities, cities, or towns of Arkansas [3.1]. This applies to the purchase of commodities such as milk, cream, butter, butter fat, poultry, eggs, grain, or cottonseed [3.1]. Similarly, it is unlawful for any person, company, corporation, or association engaged in the sale of any manufactured product, coal oil, or dressed beef, to sell any such manufactured product, coal oil, or dressed beef at a greater cash price at any place in Arkansas than the person, company, corporation, or association sells the manufactured product, coal oil, or dressed beef at other points in Arkansas [3.2].

However, there are some exceptions to this rule. For example, a person, firm, company, association, or corporation may offer discounts or rebates that are offered without charge to all purchasers on an equal basis, regardless of whether the purchaser chooses to accept or fulfill any of the nonmonetary conditions for receiving the discount or rebate [3.2]. Additionally, a discount or rebate that is offered without charge to all members of a specified group, including without limitation senior citizens, students, or current or former members of the United States Armed Forces, if that group is not defined by race, color, sex, religion, or national origin of the purchaser [3.2].

What are the requirements?

If you are offering discounts or rebates, they must be offered without charge to all purchasers on an equal basis, regardless of whether the purchaser chooses to accept or fulfill any of the nonmonetary conditions for receiving the discount or rebate [3.2]. Additionally, if you are offering discounts or rebates to a specified group, such as senior citizens, students, or current or former members of the United States Armed Forces, the group cannot be defined by race, color, sex, religion, or national origin of the purchaser [3.2].

It is also important to note that discrimination based on sex or marital status is unlawful in Arkansas [4.1][5.1][5.2]. Furthermore, railroads are prohibited from making unjust or undue discrimination in charges for, or in facilities for, transportation of freight or passengers within the state [6.1].

Source(s):
Jurisdiction

Arkansas