New laws impact retailers, truckers, human trafficking

Five new laws passed in the 95th Arkansas General Assembly will have a major impact on retail, delivery logistics, and aspects of human trafficking. The Arkansas Attorney General’s office worked with industry officials and advocates and will have further jurisdiction to oversee aspects of these new laws.

One new law, Act 659, creates the criminal offense of gift card fraud, a growing concern for retailers and merchants.

The new law criminalizes gift card tampering and establishes penalties for the unauthorized receipt and use of stolen gift card redemption information, which had been a gap in leading to prosecutions. The law also ensures law enforcement has the authority to prosecute individuals who deceive victims into providing gift card redemption information under false pretenses.

“Retailers and the gift card industry have worked hard to ensure gift cards remain a safe, trusted, and convenient option for consumers,” said Steve Goode, spokesperson for the Arkansas Retail Association. “This legislation builds on those efforts by giving law enforcement the tools they need to crack down on fraud and better protect the public. We commend the legislature and Gov. Sanders for their leadership in enacting this important law.”

Gift card fraud and scams take many forms, including tampering with physical cards, tricking victims into purchasing and transferring gift card balances under false pretenses, and stealing redemption information to make unauthorized purchases.

“We just announced two arrests earlier this month in Conway County in a case involving organized retail criminals utilizing gift card fraud to steal millions of dollars’ worth of merchandise from retailers. So this is an issue that is on the rise and in our backyard. This new law will give us a standard by which to hold criminals accountable specifically for this type of crime. Criminals’ methods keep evolving, and the law has to keep up,” said Attorney General Tim Griffin.

Two more new laws – Act 321 and Act 322 – create the criminal offense of organized retail theft and amend the law affecting theft of cargo to add enhanced penalties.

Shannon Newton, President of the Arkansas Trucking Association, said her members advocated for the changes and consider the bills’ passage to be a major victory. She said these types of crimes, often involving a ring of criminals, have grown in sophistication and costs.

“These legal tools will help law enforcement hold criminals accountable. Just as importantly, the legislation draws broader attention to the scope of the problem, helping build support for continued action. It reinforces Arkansas’ commitment to protecting commerce and securing the supply chains that businesses and consumers rely on,” she said.

Griffin said the enhanced penalties and jail time will keep criminals locked up longer and will hopefully curtail rising prices for consumers.

“From an investigative standpoint, we are making progress on collaborating with partners at the federal level and in neighboring states to fight cargo theft. Often these criminals are part of cartels based south of our border, so getting their operatives off the street doesn’t just stop the organized retail crime, it puts a dent in drug trafficking, human trafficking, and violent crimes as well,” said Griffin.

Two other laws, Act 484 and Act 366, that were enacted this session center on human trafficking.

Act 484 adds places that must display information about the national human trafficking hotline. Some of those places include restrooms in existing businesses already required to post the hotline information. It also adds nail salons to a list that includes hotels and motels, strip clubs, train and bus stations, and other establishments.

Act 366 adds a five-year enhanced sentence to human traffickers who recruit people to traffic.

“I think we saw two really big wins,” Griffin said of the human trafficking package. “The first was the bills that were passed that give us new legal tools to go after criminals engaged in human trafficking. The second was the awareness that was raised as a result of these bills being introduced, voted on, and ultimately signed into law. It echoes the message I’ve been saying since I was first elected as Attorney General: human trafficking isn’t just a problem somewhere else. It’s happening here in Arkansas, and ending this scourge on our people requires awareness and vigilance from everyone.”

Griffin said he believes all aspects of addressing consumer protection – a major division in his office – has benefitted from funding started last year by the legislature.

“In the 2024 fiscal session, the legislature approved my request to add more resources to my Consumer Protection Division. The appropriation they approved last year was again approved during the 2025 regular session. These additional resources have expanded our Consumer Protection Division’s capabilities and have already led to better outcomes for Arkansas consumers,” he said.

Sen. Ben Gilmore, Rep. Jeremiah Moore, and Rep. Howard Beaty, Jr. sponsored the gift card and cargo theft legislation. The human trafficking bills were sponsored by Sen. David Wallace, Sen. Greg Leding, Sen. Breanne Davis, Sen. Missy Irvin, Sen. Jane English, Rep. Joey Carr, Rep. Robin Lundstrum, Rep. Kendra Moore, Rep. Dolly Henley, Rep. DeAnn Vaught, Rep. Hope Duke, Rep. Sonia Barker, Rep. Mary Bentley, Rep. Alyssa Brown, Rep. Karilyn Brown, Rep. Rebecca Burkes, Rep. Fran Cavenaugh, Rep. Cindy Crawford, Rep. Carol Dalby, Rep. Julie Mayberry, and Rep. Mindy McAlindon.