Arkansas HVACR NewsMagazine November 2018

S tate, National, Chapter News Feature Story

The wording, well that is pretty much open: i.e., I understand that I am entering into a business contract with a person or business that is not licensed in the State of Arkansas.

THE OCCUPATIONAL LICENSING CONSUMER ACT

Well the newest argument of those claiming their desire to protect a poor Arkansan from unreasonable restriction to be in business has taken another turn. The Association has long argued that a person wanting to be in business should have a license that establishes a modicum of knowledge and experience before they present themselves to the unsuspecting public as a professional. We have spoken often in defense of Arkansas consumers who have no experience or reason to know if a so called tradesperson is competent. Now, the Institute for Justice is making available a model “Occupational Licensing Consumer Act.” The bottom line is this, if they can’t prove that a trade shouldn’t be licensed, then they say that a consumer should be able to do business with whomever they choose without regard to a license. So, if the Arkansas consumer signs a statement acknowledging they are doing business with an unlicensed company or person, then it is OK. Yes, this law puts the onus on the consumer. Under the guise of economic freedom, the legislature would make it legal for a person or company without training or experience to offer their service to the public. A mere honest face, a recommendation from a relative or friend, a person that can walk and chew gum, the ability to con, scam, or bamboozle a trusting Arkansan is all that it takes to make doing business legal. Oh, I forget. The company or person must get the Arkansas consumer to sign a disclosure.

No, Mam!

We don’t need no license.

We’re certified by the First Association of Economic Freedom for the Practice of Heating and Air Conditioning

You can trust me Just sign on the disclosure & you’ll save a lot of money.

If it were a truly honest disclosure, it would also say, I understand that this person or company may not have elected to take the necessary training, or complete the necessary experience, or pay the very minimum license fee to help support inspection should I have a problem. But that is OK! They just seem so nice. I also understand that while I am not surrendering my right to civil action, if this person takes advantage of me, the cost of the law suit will be too expensive and I will be better off just letting this person or company off the hook. I understand there is no real civil remedy and I am totally trusting in this person because they just seem so nice. What has training,