SB441

Senate Bill 441, the 'Junk Lawsuit Prevention Act of 2025,' amends existing Arkansas law regarding the sale and marketing of health-related discount cards that are not insurance. The bill mandates that such cards must include clear, prominent disclosures stating they are not insurance, offer a 30-day cancellation period, and be backed by individual contracts with the healthcare providers listed. It establishes strict penalties for deceptive or misleading practices, allowing both the Attorney General and private parties to sue for injunctive relief and damages. The legislation permits plaintiffs to recover the greater of $100 per card or $10,000, plus triple actual damages, attorney's fees, and costs. It also provides a 30-day 'cure' period for businesses to resolve alleged violations before an individual or class-action lawsuit can proceed. Finally, the act is made retroactive to January 1, 2021.