News/Events

Says, ‘It is important that Congress take steps to close loopholes in our laws’

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge announced today that she has joined a bipartisan group of 52 state and territory attorneys general calling on Congress to pass the Stopping Overdoses of Fentanyl Analogues (SOFA) Act, co-sponsored by Senator Tom Cotton. This act is intended to close a loophole that allows those trafficking deadly fentanyl to stay a step ahead of law enforcement.

“Opioid addiction is a multi-faceted problem,” said Attorney General Rutledge. “Unfortunately, many addicts are turning to the extremely lethal fentanyl when opioids are hard to find or become too expensive. It is important that Congress take steps to close loopholes in our laws by adapting to societal changes to include more stringent punishment for criminal activity. I am proud to sign onto this letter, taking another step to combat this complex crisis by supporting the federal government’s efforts to close gaps in the system that allow dangers drugs, like fentanyl, onto our streets and homes.”

Fentanyl is currently a Schedule II controlled substance and when prescribed by a doctor can be a safe painkiller. However, without careful supervision, fentanyl can be lethal. The SOFA Act, if passed, would eliminate the current loophole which keeps the controlled substance scheduling system one step behind those who manufacture fentanyl and introduce the drug into society. The SOFA Act utilizes catch-all language allowing the Drug Enforcement Administration to proactively schedule all newly-modified fentanyl analogues.

In April, Rutledge met with Senator Cotton and hosted a press conference about the dangers of fentanyl and the disparity between the lethal nature of fentanyl and the punishments set in the U.S. Criminal Code.

Rutledge is joined on the letter, led by Connecticut and Wisconsin, by Alabama, Alaska, Arizona, California, Colorado, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming.

Says, ‘I do not favor heavy-handed and unlawful regulations from Washington that will hurt Arkansans’

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge released the below statement following President Donald J. Trump’s announcement rolling back the Obama-era so-called Clean Power Plan.

“Today’s decision to replace the burdensome so-called Clean Power Plan with the new proposed Affordable Clean Energy rule is a big win for Arkansans,” said Attorney General Rutledge. “In a State like Arkansas, where over half of the electricity is responsibly generated from coal-fired power plants, the hit to Arkansas utility ratepayers pocketbooks would have been felt immediately. These increased costs would have obstructed the State’s ability to grow good-paying jobs with fair, reasonable electric rates. As a seventh-generation Arkansan raised on a cattle farm and married to a row-crop farmer, I can assure Americans that no one cares about clean air and water more than I do. But I do not favor heavy-handed and unlawful regulations from Washington that will hurt Arkansans.”

In 2013, the Obama Administration announced the final Clean Power Plan aiming to reduce greenhouse gas emissions. Rutledge and colleagues successfully took immediate legal action to stay the Plan. In January, Rutledge submitted a letter with a bi-partisan coalition of 25 other states as part of the Environmental Protection Agency’s proposed repeal of the Power Plan. The letter encouraged the elimination of the rule and returning authority to the states to manage energy resources.

The new proposed rule will undergo a public comment period and will decrease bureaucratic red tape and compliance costs, while reducing emissions and providing flexibility to the states to best fit their specific needs.

Says, ‘Used car dealers must deliver title according to the law’

LITTLE ROCK – Attorney General Leslie Rutledge today announced Pulaski County Circuit Judge Chris Piazza has found northwest Arkansas auto dealer John Vancuren, and his wife Michelle Vancuren, as well as their companies, Infinity Auto Sales, Inc., Infinity Towing and Recovery, Inc. and Vancurens Auto Sales, Inc. liable for 59 violations of the Arkansas Deceptive Trade Practices Act. Judge Piazza ordered the Vancurens and their companies liable for $590,000 in civil penalties, $73,001.71 in restitution, and he enjoined the Vancurens from engaging in the business of used car sales.

“I applaud Judge Piazza’s ruling on behalf of the brave men and women who testified and stood up to John and Michelle Vancuren in Court,” said Attorney General Rutledge. “Used car dealers must deliver title according to the law. These types of deceitful actions by an Arkansas business, which harm consumers and the overall business community, must be met with strong consequences.”

The five-day bench trial had 26 witnesses testifying the Vancurens failed to deliver title to their cars, failed to satisfy prior liens on the vehicles and they otherwise failed to return money rightfully belonging to consumers.

According to the complaint filed December 2016, the Vancurens routinely submitted a customer’s loan application to a third-party lender, and, if approved, the lender deposited the loan into the Vancurens’ bank account, leaving them with a lump sum of the loan proceeds and the borrower with the obligation to repay the lender. In several cases, however, the customer returned the purchased vehicle due to mechanical issues, and the Vancurens failed to return the loan proceeds, leaving the customer with a debt to pay and no vehicle. In other cases, the Vancurens convinced the consumer to purchase another vehicle with financing from a different third-party lender, but the Vancurens failed to refund the original loan proceeds, leaving the consumer with two loans on two different vehicles, but only one vehicle in possession.

Many consumer complaints have been received at the Attorney General’s office in response to the negative business practices of the Vancurens. One Arkansan described a June 2013 purchase of a Ford truck for which his sister co-signed. The consumer returned the truck to the lot six weeks after purchase because of mechanical issues. John Vancuren promised the consumer that his loan with Westlake had been paid off. Three years later, however, the consumer’s sister learned through a separate credit application that her credit report showed 24 months of late payments to Westlake for the truck. The Vancurens’ failure to pay off the transaction as promised resulted in a ruined credit history for the consumer and his sister, who has been unable to purchase a new car for her growing family.

A Spanish-speaking consumer purchased a Honda Civic from the Vancurens in August 2013. In September 2014, John Vancuren arranged to meet the consumer and her son, who spoke some English, at the dealership. Knowing that the consumer was not fluent in English, Vancuren took the consumer’s son inside and slipped out the back door to present the Spanish-speaking consumer with a document stating she “returned the car to the dealer instead of paying the balance on the car.” He told her if she would sign it, he would give her a $5,900 check for the equity in the car. The check never arrived, and the consumer was left without a car.

Victims of these business practices should contact the Attorney General’s office to file a consumer complaint at (800) 482-8982 or go to ArkansasAG.gov.