A.R.S. § 44-1263 — Arizona Code / Title 44 / Chapter 9 / Article 5 / Section 1263
44-1263 Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund
Status: in_force

44-1263. Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund

A. If the manufacturer, its agents or its authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. The manufacturer shall make refunds to the consumer and lienholder, if any, as their interests appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.

B. It is an affirmative defense to any claim under this article that either:

1. An alleged nonconformity does not substantially impair the use and market value of the motor vehicle.

2. A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.

C. In the case of taxes paid pursuant to title 42, chapter 5, if the manufacturer:

1. Accepts return of a motor vehicle from a consumer without replacing the motor vehicle, the manufacturer shall refund the amount of tax attributed to the sale of the vehicle to that consumer.

2. Replaces a motor vehicle with a new motor vehicle of lesser value, the manufacturer shall refund the difference between the original amount of tax attributed to the sale of that vehicle and the amount of tax attributed to the sale of the replacement vehicle, excluding the value of the motor vehicle being replaced.

3. Replaces a motor vehicle with a new motor vehicle of greater value, the manufacturer shall calculate the gross proceeds of sales pursuant to section 42-5001, paragraph 6.

D. Pursuant to section 42-1118, subsection F, the manufacturer may apply to the department of revenue for a refund for the amount of tax that the manufacturer properly refunds to the consumer.
A.R.S. § 44-1797.14 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.14
44-1797.14 Rescission and pro rata refund; removal of place of business
Status: in_force

44-1797.14. Rescission and pro rata refund; removal of place of business

If a discount buying organization removes its place of business, or if it conducts business at more than one location, that place of business which is geographically closest to the buyer's residence indicated on the face of the contract, more than twenty miles farther from the buyer's residence than it was at the time the contract for discount buying services was entered into, the organization shall offer rescission and a pro rata refund to each buyer affected, based on the amount of time for which the buyer has been a member of the organization.
A.R.S. § 44-1676 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1676
44-1676 Fee and bond
Status: in_force

44-1676. Fee and bond

A. In addition to the inventory, the applicant shall submit, together with the application, a fee of two hundred dollars, and shall file with the county board of supervisors a bond in a form approved by the board, executed by a surety company authorized to do business in this state, in an amount equal to one-half of the cost value of the articles inventoried for sale, said bond to be approved by the board of supervisors.

B. The bond shall run to the state of Arizona and shall be conditioned that it is for the use or benefit of the person who may be damaged by the violation of any provision of this article by the licensee, his employees or agents, or who may have the cause of action against said licensee, his employees or agents by reason of any matters arising out of the conduct of the auction. Any such person shall have, in addition to any other right of action which he may have, a right of action on the bond for all damages not exceeding one thousand dollars, and the aggregate liability of the surety upon the bond for all claims which may arise thereunder shall not exceed the sum specified in the bond.
A.R.S. § 44-1443.01 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1443.01
44-1443.01 Electronic filing; acceptance
Status: in_force

44-1443.01. Electronic filing; acceptance

A. Any document that is required to be filed pursuant to this article may be filed in an electronic format that is approved by the secretary of state.

B. Any document that is filed in accordance with this section is deemed to comply with:

1. The filing requirements of this article.

2. The requirement that a filing be verified or be submitted with a written signature.

3. Any requirement that the filing be filed under the penalty of perjury.

C. The secretary of state may adopt rules requiring that any person that submits a document for filing pursuant to this section also submit a written or printed copy of the document as a prerequisite to the document being deemed filed.

D. Except as provided in this section, all civil and criminal statutes applicable to the filing of paper documents apply to all documents filed pursuant to this section.
A.R.S. § 44-1797.20 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.20
44-1797.20 Enforcement
Status: in_force

44-1797.20. Enforcement

A. The attorney general or county attorney shall have the power to enforce the criminal provisions of this article.

B. An act or practice in violation of this article constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.
A.R.S. § 44-1627 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1627
44-1627 Licensing; requirements
Status: in_force

44-1627. Licensing; requirements

A. A person shall not act as a pawnbroker until licensed by the sheriff of the county in which the person regularly conducts business.

B. A pawnbroker shall obtain a separate license for each pawnshop owned by that pawnbroker.

C. A pawnbroker license may not be sold or transferred without the approval of the sheriff or the sheriff's designee.

D. A pawnbroker shall not conduct business at a location other than a licensed location except for firearms transactions that are permitted by a federally licensed firearms dealer at an organized gun show.

E. Every pawnbroker shall be a bona fide resident of this state. If a partnership, each partner shall be a bona fide resident of this state. If a corporation, it shall be a domestic corporation or a foreign corporation which has qualified to do business in this state. The corporation shall hold its pawnbroker license through an agent.

F. The sheriff or the sheriff's designee shall require any person, other than a bank or licensed lending institution, having any interest, directly or indirectly, in a pawnshop to submit a full set of fingerprints, together with the applicable fingerprint processing fee, to the sheriff.  The sheriff shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The sheriff shall forward the fee to the department of public safety.

G. A corporation shall own the entire equitable interest in its license through an agent if the agent is otherwise qualified to hold a pawnbroker license.  The agent is subject to the penalties prescribed for any violation of law relating to pawnbrokers.  On the death, resignation or discharge of an agent of a corporation holding a pawnbroker license, the corporation shall promptly assign the license to another qualified agent selected by the corporation.

H. The sheriff shall not issue a license to a person who, within one year before the application, has violated any provision of a previously issued pawnbroker license or has had a license revoked.  The sheriff shall not issue to or renew a license of a person who, within five years before the application, has been convicted of a felony involving trafficking in stolen property, fraudulent schemes, forgery, theft, extortion or conspiracy to defraud or a felony involving moral turpitude.  The sheriff shall not issue to or renew a license of a corporation unless it has on file with the sheriff of the county in which the license is issued a list of its officers and directors and any stockholders who own ten per cent or more of the corporation.  The sheriff shall not issue to or renew a license of a corporation if any of its officers or directors or any stockholder who owns ten per cent or more of the corporation has within five years been convicted of a felony involving trafficking in stolen property, fraudulent schemes, forgery, theft, extortion or conspiracy to defraud or a felony involving moral turpitude.

I. The sheriff shall not issue a license to a person or corporation that has knowingly made any false statements or material misrepresentations in the license application.

J. A person shall not use the word "pawn", "pawnshop" or "pawnbroker" in its business name, on any sign or in any advertisement unless the person is licensed as a pawnbroker pursuant to this article.
A.R.S. § 44-132.01 — Arizona Code / Title 44 / Chapter 1 / Article 3 / Section 132.01
44-132.01 Capacity of minor to obtain treatment for venereal disease without consent of parent
Status: in_force

44-132.01. Capacity of minor to obtain treatment for venereal disease without consent of parent

Notwithstanding any other provision of the law, a minor who may have contracted a venereal disease may give consent to the furnishing of hospital or medical care related to the diagnosis or treatment of such disease and such consent shall not be subject to disaffirmance because of minority. The consent of the parent, parents or legal guardian of such a person shall not be necessary in order to authorize hospital or medical care.
A.R.S. § 44-1031 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1031
44-1031 Effect of assignment for the benefit of creditors; acknowledgment and recording; invalidity of assignments not made in accordance with this article
Status: in_force

44-1031. Effect of assignment for the benefit of creditors; acknowledgment and recording; invalidity of assignments not made in accordance with this article

A. Every assignment made by an insolvent debtor, or in contemplation of insolvency, for the benefit of his creditors, shall provide, except as otherwise provided in this article, for a distribution of all his real and personal property other than that which is by law exempt from execution, among all his creditors in proportion to their respective claims. However the assignment is made or expressed, it shall have such effect and shall be construed to pass all such property, whether or not specified therein.

B. Every assignment for the benefit of creditors shall be acknowledged and recorded in the manner provided by law for conveyances of real or other property.

C. Assignments for the benefit of creditors under the common law are declared contrary to the public policy of the state and are abolished, and all assignments for the benefit of creditors are void and of no force and effect unless made in accordance with the provisions of this article.
A.R.S. § 44-6810 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6810
44-6810 Advertising
Status: in_force

44-6810. Advertising

A. If an advertisement for a rental-purchase agreement refers to or states the dollar amount of any periodic payment and the right to acquire ownership of a specific item, the advertisement shall also clearly and conspicuously state the following, as applicable:

1. That the transaction advertised is a rental-purchase agreement.

2. The total number and total amount of periodic payments necessary to acquire ownership of the item.

3. That the consumer acquires no ownership rights unless the total amount necessary to acquire ownership is paid.

B. Except as provided in subsection C of this section, each item of rental-purchase property that is displayed or offered under a rental-purchase agreement shall bear a tag or card that clearly and conspicuously indicates in Arabic numerals, which are readable and understandable by visual inspection, each of the following:

1. The cash price of the item.

2. The amount of the periodic payment.

3. The total number and total amount of periodic payments necessary to acquire ownership.

4. The cost of rental.

C. If rental-purchase property is displayed or offered online and a consumer is able to enter into a rental-purchase agreement for the rental-purchase property online or remotely through electronic commerce, a lessor may electronically disclose the information described in subsection B of this section.  The information must be:

1. Clearly and conspicuously indicated in Arabic numerals that are readable and understandable by visual inspection.

2. Disclosed to the lessee before any of the disclosures required by section 44-6804.

D. If a lessor offers personal property for rental-purchase and the personal property is not owned by the lessor when it is displayed or offered for rental-purchase, the lessor shall electronically disclose the information described in subsection B of this section.  The information must be:

1. Clearly and conspicuously indicated in Arabic numerals that are readable and understandable by visual inspection.

2. Disclosed to the lessee before any of the disclosures are made in the rental-purchase agreement as prescribed in section 44-6804.
A.R.S. § 44-1706 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1706
44-1706 Contracts; requirements; contents
Status: reserved

44-1706. Contracts; requirements; contents

A. Every contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, be dated, be signed by the buyer and include all of the following:

1. A conspicuous statement in size equal to at least ten point type in immediate proximity to the space reserved for the signature of the buyer as follows: You, the buyer, may cancel this contract at any time before midnight of the third day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.

2. The terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person.

3. A full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the services are to be performed or the estimated length of time for performing the services.

4. The credit services organization's principal business address and the name and address of its agent authorized to receive service of process.

B. The contract shall be accompanied by a completed form in duplicate, entitled "notice of cancellation", which shall be attached to the contract and easily detachable and which shall contain in at least ten point type the following statement written in the same language as used in the contract: Notice of Cancellation You may cancel this contract without any penalty or obligation within three days from the date the contract is signed. If you cancel, any payment made by you under this contract will be returned within fifteen days after receipt by the credit services organization of your cancellation notice. To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to

(name of credit services organization)

_______________________________________________ at

(address of credit services organization)          (place of business)

__________________________________________________________  _________________

not later than midnight   (date)   ________________.

I hereby cancel this transaction.  (date) ________________

(purchaser's signature)

_________________________________

C. A copy of the fully completed contract and all other documents the credit services organization requires the buyer to sign shall be given to the buyer at the time they are signed.
A.R.S. § 44-140.01 — Arizona Code / Title 44 / Chapter 1 / Article 3.1 / Section 140.01
44-140.01 Educational loan; enforceable; prerequisites
Status: in_force

44-140.01. Educational loan; enforceable; prerequisites

Any written obligation signed by a minor sixteen or more years of age in consideration of an educational loan received by him from any person is enforceable as if he were an adult at the time of execution, but only if prior to the making of the educational loan an educational institution has certified in writing to the person making the educational loan that the minor is enrolled, or has been accepted for enrollment, in the educational institution.
A.R.S. § 44-1421 — Arizona Code / Title 44 / Chapter 10 / Article 2 / Section 1421
44-1421 Definitions
Status: in_force

44-1421. Definitions

In this article, unless the context otherwise requires:

1. "Assertion of patent infringement" means any of the following:

(a) Sending or delivering a demand to a target.

(b) Threatening a target with litigation and asserting or alleging that the target has engaged in patent infringement.

(c) Sending or delivering a demand to the customers of a target.

(d) Making assertions or allegations, other than those made in litigation against a target, that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation.

2. "Claim" means the scope of the patent owner's exclusive rights to the use and control of the patent owner's invention.

3. "Demand" means a letter, an e-mail or any other communication asserting that a person has engaged in patent infringement or should obtain a license to a patent but does not include a petition filed in a court of competent jurisdiction.

4. "Person" means any individual, corporation, partnership, limited liability company, governmental entity, institution of higher education or other legal or commercial entity.

5. "Target" means any of the following:

(a) A person that has received a demand or against whom an assertion of patent infringement has been made and who has information indicating the assertion was made in bad faith pursuant to section 44-1422.

(b) A person that has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement and who has information indicating the assertion of patent infringement was made in bad faith pursuant to section 44-1422.
A.R.S. § 44-3298 — Arizona Code / Title 44 / Chapter 13 / Article 11 / Section 3298
44-3298 Investment management regulatory and enforcement fund; purpose
Status: in_force

44-3298. Investment management regulatory and enforcement fund; purpose

A. An investment management regulatory and enforcement fund is established and shall be administered by the commission under the conditions and for the purposes provided by this section. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Fees and costs collected pursuant to this chapter, unless otherwise designated, shall be deposited, pursuant to sections 35-146 and 35-147, in the fund.

C. The commission shall use the monies in the fund for education and regulatory, investigative and enforcement operations in the securities division.

D. If the amount of monies in the fund exceeds one hundred thousand dollars on December 31 of any calendar year, the amount in excess of one hundred thousand dollars reverts to the state general fund. Beginning with the fiscal year starting on July 1, 1996, monies in the fund are subject to annual legislative appropriation.
A.R.S. § 44-1556 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1556
44-1556 Termination of franchise; notice; grounds
Status: in_force

44-1556. Termination of franchise; notice; grounds

A. It is a violation of this article for any distributor, directly or indirectly, or through an officer, agent or employee to terminate, cancel or fail to renew a franchise without having first given written notice as follows:

1. No cancellation or termination of the franchise shall be effective unless distributor shall have first given dealer a written notice of distributor's intent to cancel the franchise specifying all matters of claimed noncompliance with the franchise agreement, allowing dealer at least ten days to comply with the terms of the franchise agreement. In the event of dealer's noncompliance, termination shall be effective the date set forth in the notice.

2. Within at least thirty days in advance of the expiration of a term of a franchise, distributor shall in writing give dealer notice of:

(a) Distributor's intention not to renew the franchise and all the reasons for such failure to renew, or,

(b) Distributor's intention to renew and if such renewal is subject to any change in price, rent, terms or conditions from that of the franchise being renewed, then all such changes and the reasons therefor shall be fully described therein.

3. Where the alleged grounds are voluntary abandonment by the dealer of the franchise relationship, such written notice may be given three days in advance of such termination or cancellation.

4. Where the alleged grounds are the conviction of the dealer of a crime related to the business conducted pursuant to the franchise, termination, cancellation or failure to renew may be effective immediately.

B. All notices required of dealer or distributor under this article shall be given in writing by certified mail return receipt requested to the address indicated in the franchise agreement or as subsequently changed by the party in writing or if no address was designated, to the party's place of business.

C. The failure of a distributor to serve notice upon the dealer as required in this section shall constitute a grant of the option by the distributor to the dealer to renew the franchise for a period of one year under the same price, rent, terms and conditions of the expiring franchise, subject to the provisions of this article. Such option to renew shall expire forty-five days from the date notice should have been served, unless exercised by written notice to the distributor.
A.R.S. § 44-2038 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2038
44-2038 Costs recoverable
Status: in_force

44-2038. Costs recoverable

In an action brought under the provisions of this article, the commission or the attorney general is entitled to recover costs, which in the discretion of the court may include an amount representing reasonable attorney fees and investigative expenses for the services rendered, for the use of this state.
A.R.S. § 44-2013 — Arizona Code / Title 44 / Chapter 12 / Article 15 / Section 2013
44-2013 Preliminary injunction; appointment of temporary conservator or receiver
Status: in_force

44-2013. Preliminary injunction; appointment of temporary conservator or receiver

A. The superior court may, after the complaint is filed, issue a preliminary injunction restraining the defendant named in the complaint from removing, encumbering or otherwise disposing of his property located within this state, and the court may in its discretion appoint a temporary conservator or receiver to take possession of the books, records and assets of every description of the defendant, pending further order of the court.

B. The court shall set a time, not more than ten days from the date of the preliminary injunction, for a hearing on the complaint and any response filed thereto, or response to the preliminary injunction.
A.R.S. § 44-324 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 324
44-324 Enforcement
Status: in_force

44-324. Enforcement

The department may request the attorney general to commence an action in the superior court to enforce this chapter, and, if applicable, the department may file an action in another state to enforce this chapter.
A.R.S. § 44-1686 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1686
44-1686 Violation; classification
Status: in_force

44-1686. Violation; classification

Violation of any provision of this article is a class 2 misdemeanor.
A.R.S. § 44-6501 — Arizona Code / Title 44 / Chapter 18 / Article 1 / Section 6501
44-6501 Authorization to apply for foreign trade zone
Status: in_force

44-6501. Authorization to apply for foreign trade zone

The state of Arizona and any county, city or town within the state or a public or private corporation or any combination thereof may apply to the foreign trade zones board, United States department of commerce, for the right to establish, operate and maintain a foreign trade zone and subzones and may acquire land for the purposes of this section. For the purposes of this section, such foreign trade zone or subzone may be incorporated outside the boundaries of a municipality or be made up of areas from adjoining counties.
A.R.S. § 44-1798.21 — Arizona Code / Title 44 / Chapter 11 / Article 16 / Section 1798.21
44-1798.21 Loan servicing; service of process; definitions
Status: in_force

44-1798.21. Loan servicing; service of process; definitions

A. If a person, whose principal place of business is located in a state other than this state and who has not appointed a statutory agent or maintained an office in this state for service of process, engages in servicing a residential loan, the person is deemed to have consented to the jurisdiction of the courts of this state and appointed the secretary of state as the agent of the person on whom any process, notice or demand may be served with respect to causes of action arising out of the servicing of the residential loan. When service is made on the secretary of state under this section, the person shall have thirty days to respond in addition to the time otherwise provided by law.

B. Upon receipt of any process, notice or demand under this section, the secretary of state shall immediately forward, by certified mail, one copy of the process, notice or demand to the person to whom the process, notice or demand is directed or addressed to the address where periodic payments are mailed. The person initiating the process, notice or demand shall be responsible at the time of service upon the secretary of state to provide to the secretary of state the address where periodic payments are mailed.

C. Service of process, notice or demand shall be deemed complete with service upon the secretary of state.

D. The secretary of state shall keep a permanent record of all processes, notices and demands served on the secretary of state under this section which includes the time of each service and the secretary of state's action with relation to each service.

E. For the purposes of this section:

1. "Residential loan" means any loan that is secured by a lien on residential property in this state except temporary financing such as a construction loan.

2. "Residential property" means real property consisting of two and one-half acres or less or a mobile home as defined in section 28-2001, either of which is limited to and utilized for either a single one-family or a single two-family dwelling.

3. "Servicing" means receiving any scheduled periodic payments from a borrower pursuant to the terms of any residential loan.
A.R.S. § 44-2124 — Arizona Code / Title 44 / Chapter 12 / Article 19 / Section 2124
44-2124 Auditor liability limitation
Status: in_force

44-2124. Auditor liability limitation

No independent certified public accountant is liable in a private action for any finding, conclusion or statement expressed in a report made pursuant to section 44-2123, subsection C or D, including any rule adopted by the commission pursuant to that section.
A.R.S. § 44-1601 — Arizona Code / Title 44 / Chapter 11 / Article 1 / Section 1601
44-1601 Definitions
Status: in_force

44-1601. Definitions

In this article, unless the context otherwise requires:

1. "Dealer" means a person engaged in conducting, managing or carrying on the business of purchasing solely precious items or precious items in addition to other tangible personal property. Dealer does not include:

(a) Investment brokerage houses.

(b) Financial institutions regulated by the department of insurance and financial institutions.

(c) Securities brokerage houses regulated by a recognized national stock exchange.

2. "Investment brokerage house" means a house with commissioned agents who execute buy and sell orders for their customers and who:

(a) Execute orders for investment items.

(b) Do not assume the risks of ownership in the normal course of providing their brokerage services.

(c) Do not maintain or deal from an inventory of investment items.

3. "Investment items" means commodities that possess the characteristics of those items commonly traded in internationally recognized markets.

4. "Local law enforcement agency" means the police department of an incorporated city or town or, in areas outside of incorporated cities and towns, the county sheriff.

5. "Person" means an individual, partnership, corporation, association or any other entity of whatever kind or nature.

6. "Precious item" means:

(a) Secondhand gold, silver, platinum or jewelry, flatware or holloware containing gold, silver or platinum.

(b) Secondhand precious or semiprecious stones whether mounted or unmounted.

(c) Secondhand pearls. Precious item does not include coins and unmounted gemstones accompanied by a certificate from an independent, internationally recognized gem grading laboratory.

7. "Purchase" means to buy, trade, exchange or receive a precious item.

8. "Secondhand" means that the precious item has previously been owned by someone other than the manufacturer or dealer whose business it is to sell such items to the public.
A.R.S. § 44-501 — Arizona Code / Title 44 / Chapter 5 / Article 1 / Section 501
44-501 Definitions
Status: in_force

44-501. Definitions

In this chapter, unless the context otherwise requires:

1. "Exclusive property engagement agreement" means a contract or agreement that provides an exclusive right to a person to list or sell residential real estate, including a contract or agreement to enter into any listing agreement or arrangement in the future or any memorandum recognizing the existence of an exclusive property engagement agreement.

2. "Residential real estate" means real property located in this state that is used or will be used primarily for a personal, family or household purpose and that contains fewer than five dwelling units.
A.R.S. § 44-1711 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1711
44-1711 Action for recovery of damages by buyer
Status: in_force

44-1711. Action for recovery of damages by buyer

A buyer injured by a violation of this article or by the credit services organization's breach of a contract subject to this article may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid by the buyer to the credit services organization, plus reasonable attorney fees and costs. If the trial court deems it proper, the court may enter an award for punitive damages.
A.R.S. § 44-1797.16 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.16
44-1797.16 Action for damages and restitution of monies paid; treble damages and attorney fees and costs
Status: in_force

44-1797.16. Action for damages and restitution of monies paid; treble damages and attorney fees and costs

A buyer suffering financial damages as a result of a violation of this article may bring an action for the recovery of damages and return of all monies paid by the buyer to the seller. Judgment shall be entered for three times the amount at which the actual damages, plus such restitution, are assessed plus reasonable attorney fees and costs. If a court finds a violation of section 44-1797.13, judgment shall be entered for seven hundred fifty dollars plus reasonable attorney fees or three times the amount of actual damages plus restitution plus reasonable attorney fees, whichever is greater.
A.R.S. § 44-1642.01 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1642.01
44-1642.01 Prohibited scrap metal transactions; exceptions; violation; classification
Status: in_force

44-1642.01. Prohibited scrap metal transactions; exceptions; violation; classification

A. A scrap metal dealer shall not knowingly purchase the following types of scrap metal:

1. Metal manhole covers that are used to cover street or alley service personnel access entrances to municipal sewers and storm drains.

2. Brass or bronze valves or fittings that are commonly used on structures for access to water for the purpose of extinguishing fires.

3. Brass or bronze commercial potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into municipal domestic water service systems from commercial structures.

4. Water meters that are used for measuring the use and consumption of domestic water.

5. Aluminum trench shoring that is commonly used for shoring below ground trenches and excavations for constructing buildings and structures.

6. Aluminum loading ramps that are manufactured and used for loading motor vehicles for hauling the motor vehicles.

7. Aluminum or stainless steel beer or malt beverage kegs that are commonly used by brewers or producers for selling and transporting beer or malt beverages.

8. Catalytic converters or any nonferrous parts of a catalytic converter. For the purposes of this paragraph, "catalytic converters" means motor vehicle exhaust system parts that are used for controlling the exhaust emissions from motor vehicles and that contain a catalyst metal.

9. Metal municipal storm grates that are used to allow for water drainage from municipal streets or alleys.

B. This section does not apply to or prohibit the purchase or possession of the types of items that are listed in subsection A of this section and that are acquired in transactions with industrial accounts, with other scrap metal dealers or after the scrap metal is authorized for release by a peace officer of that jurisdiction if the scrap metal dealer keeps records pursuant to section 44-1642 and electronically reports the transactions pursuant to section 44-1644.

C. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 44-2037 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2037
44-2037 Civil penalties
Status: in_force

44-2037. Civil penalties

A. A person who, in a civil proceeding, is found to have violated any provision of this chapter or any rule or order of the commission shall pay a civil penalty in an amount of not to exceed five thousand dollars for each violation.

B. The commission, or the attorney general at the commission's request, may bring an action in Maricopa county in the same manner as the filing of other such actions.  On the finding of a violation of this chapter or any rule or order of the commission by the defendant in any such action, the court may impose the civil penalty provided by this section in an amount it deems appropriate for each such violation. Nothing in this section shall be construed to limit the right of a party in an action under this section to a trial by jury.

C. If an administrative penalty has been imposed pursuant to section 44-2036 for violation of the same provision, rule or order arising out of the same circumstances and has been paid by the person against whom the civil penalty is imposed, the court shall reduce the civil penalty by the amount of the administrative penalty paid.

D. A person who violates any order or injunction issued by a court of competent jurisdiction pursuant to this chapter, in addition to any other penalty or remedy for contempt of court, shall pay to this state a civil penalty of not more than twenty thousand dollars for each violation as the court deems just and proper. For the purpose of this section, the superior court issuing any order or injunction shall retain jurisdiction and the cause shall be continued. The commission or the attorney general acting in the name of this state may petition for recovery of civil penalties pursuant to this section.
A.R.S. § 44-1993 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 1993
44-1993 Misrepresentation of effect of registration of securities
Status: in_force

44-1993. Misrepresentation of effect of registration of securities

Neither the fact that securities are registered by description under article 6 of this chapter or by qualification under article 7 of this chapter, nor the fact that registration of the securities has not been denied, suspended or revoked shall be deemed a finding by the commission or by the director that the registration statement, application for registration, prospectus, or any financial statement, or other document or exhibit filed therewith is true or accurate, or does not contain untrue statements of material facts, or omit material facts, or to mean that the commission or the director has passed upon the merits of or otherwise approved the securities so registered. It is a fraudulent practice and unlawful for a person to make or cause to be made to a prospective purchaser of the securities a statement or other representation contrary to this section.
A.R.S. § 44-1460 — Arizona Code / Title 44 / Chapter 10 / Article 3.1 / Section 1460
44-1460 Registration of trade name, title or designation
Status: reserved

44-1460. Registration of trade name, title or designation

A. Any person, partnership, corporation, firm, association, society, foundation, federation or organization doing business in this state or any foreign corporation licensed to exercise its corporate powers in this state, may register with the secretary of state, on a form to be furnished by the secretary of state, the name, title or designation under which the applicant is operating, setting forth at least the following information:

1. The name and email and business address of the applicant for such registration. If the applicant is a corporation, the state of its incorporation shall be disclosed.

2. The name, title or designation to be registered.

3. The general nature of the business conducted by the applicant.

4. The length of time during which the name, title or designation has been used by the applicant in the applicant's business operations in this state.

5. A statement that the applicant has conducted a search and found that the trade name, title or designation is distinguishable on the record from both of the following:

(a) Any other name previously filed and on record with the secretary of state.

(b) An existing corporation name or a corporate name reserved pursuant to title 10, chapters 4, 19 and 24 through 40.

B. The applicant or a member or officer of the firm, partnership, corporation, association, society, foundation, federation or other organization shall sign the application.

C. A single name, title or designation may be registered on each application submitted under this article.
A.R.S. § 44-1245 — Arizona Code / Title 44 / Chapter 9 / Article 3 / Section 1245
44-1245 Violations; continuing violations; classification
Status: in_force

44-1245. Violations; continuing violations; classification

A. A person who violates any provision of this article is guilty of a class 2 misdemeanor.

B. A person is guilty of a separate offense for each day during any portion of which a violation of this article is committed, continued or permitted by such person and such person shall be punishable as prescribed by the terms of subsection A.
A.R.S. § 44-1292 — Arizona Code / Title 44 / Chapter 9 / Article 7 / Section 1292
44-1292 Identification of aftermarket crash part
Status: in_force

44-1292. Identification of aftermarket crash part

A nonoriginal equipment manufacturer that supplies an aftermarket crash part for use in this state shall affix to the part or inscribe on the part the logo or name of the manufacturer.
A.R.S. § 44-1696 — Arizona Code / Title 44 / Chapter 11 / Article 6 / Section 1696
44-1696 Unlawful acts; classification
Status: in_force

44-1696. Unlawful acts; classification

A. Any person who requests or obtains a consumer report from a consumer reporting agency under false pretenses or furnishes a consumer report to any person except as prescribed by this article or any employee of a consumer reporting agency who knowingly falsifies a consumer report or any records relating thereto shall be guilty of a class 1 misdemeanor.

B. Any person or the agent, clerk or employee thereof, who knowingly makes, causes to be made, or permits to be made, any false statement to any consumer reporting agency for the purpose of having such false information reported on a consumer report, shall be guilty of a class 1 misdemeanor.

C. Any consumer reporting agency, or the agent, clerk or employee thereof, who knowingly violates any provision of this article, shall be guilty of a class 1 misdemeanor.
A.R.S. § 44-1655 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1655
44-1655 Making or offering to make future contract; classification; defense
Status: in_force

44-1655. Making or offering to make future contract; classification; defense

A. A person who makes or offers to make for himself a future contract is guilty of a class 3 misdemeanor.

B. It may be shown in defense of a prosecution under this section that the transaction out of which the prosecution arose was a "hedging" contract between parties in this state and parties without the state, and if such contract was made wholly or in part by a message sent by telegraph or telephone, that such message was delivered to the person sending it by the defendant himself, and not through or by any broker or agent, and that the person rendering the service was a common carrier, exclusively engaged as a common carrier with no connection with or interest in such transaction other than the transmission of the message and receiving the charges therefor which are not in excess of the usual rate for commission messages between the points of transmission and receipt of such message.
A.R.S. § 44-6004 — Arizona Code / Title 44 / Chapter 17 / Article 1 / Section 6004
44-6004 Assignment or transfers
Status: in_force

44-6004. Assignment or transfers

A. The provisions of this section shall apply notwithstanding any law to the contrary.

B. An assignee may purchase or acquire any retail installment contract or retail charge account agreement or any outstanding balance under either from a seller or holder on terms, conditions and price as may be mutually agreed upon.

C. Notice to the buyer of the assignment and any requirement that the transferor be deprived of dominion over payments upon a retail installment contract or retail charge account agreement or over the goods if returned to or repossessed by the seller or holder, is not necessary to the validity of a written assignment of the retail installment contract or retail charge account agreement or any outstanding balance under either as against creditors, subsequent purchasers, pledgees, mortgagees or lien claimants of the transferor.

D. Unless the buyer has notice of the assignment of his retail installment contract, retail charge account agreement or any outstanding balance under either, payment made by the buyer to the holder last known to him is binding upon all subsequent holders.

E. A holder may acquire from a retail seller or another holder invoices or other memoranda evidencing retail sales on such terms, conditions and price, discount or other charge as may be mutually agreed upon. Such price, discount or other charge is not a part of the time price differential or delinquency charge permitted.
A.R.S. § 44-1773 — Arizona Code / Title 44 / Chapter 11 / Article 12 / Section 1773
44-1773 Purchase or resale of consigned fine art by art dealer
Status: in_force

44-1773. Purchase or resale of consigned fine art by art dealer

A. If a work of fine art is trust property under section 44-1772 when initially received by the art dealer it remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer's own account until the purchase price is paid in full to the artist.

B. If the art dealer resells a work of fine art to which subsection A of this section applies to a bona fide third party before the artist has been paid in full, the work of fine art ceases to be trust property and the proceeds of the resale are trust funds in the hands of the art dealer for the benefit of the artist to the extent necessary to pay any balance still due to the artist. The trusteeship of the proceeds continues until the fiduciary obligation of the art dealer with respect to the transaction is discharged in full.
A.R.S. § 44-5501 — Arizona Code / Title 44 / Chapter 16 / Article 1 / Section 5501
44-5501 Restrictions
Status: in_force

44-5501. Restrictions

A. This section applies to a consumer credit sale of goods or services.

B. Notwithstanding any agreement to the contrary, if the seller or his assignee retakes goods which were the subject of the sale, the buyer shall not be personally liable for the unpaid balance of the price if the sales price were one thousand dollars or less. If the fair market value of retaken goods exceeds the unpaid balance, the buyer shall be entitled to the difference between the unpaid balance, after first deducting all unearned finance charges, and the fair market value of the goods at the time of retaking, less the seller's or assignee's reasonable costs and expenses as provided in title 47, chapter 9, article 6. However, the buyer may be liable in damages to the seller or his assignee if the buyer has wrongfully damaged the collateral or if, after default and demand, the buyer has wrongfully failed to make the collateral available to the seller or his assignee.

C. Neither the seller of consumer goods or services nor his assignee may take any other security for a consumer credit sale other than (1) a security interest in goods sold or as to which services have been rendered and (2) in the realty to which such goods may be affixed. If the seller or assignee elects not to retake the goods, but brings an action for the unpaid balance, the goods may not thereafter be retaken and are not subject to judicial process to enforce any judgment obtained therein.

D. "Fair market value" means the price arrived at in good faith which a knowledgeable and willing buyer would pay and a knowledgeable and willing seller would ask for the goods in question. "Good faith" shall be defined as set forth in section 47-1201.
A.R.S. § 44-1413 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1413
44-1413 Short title
Status: in_force

44-1413. Short title

This article may be cited as the uniform state antitrust act.
A.R.S. § 44-1204 — Arizona Code / Title 44 / Chapter 9 / Article 1 / Section 1204
44-1204 Payments of interest on obligation involving more than the maximum permitted by law on counterclaim in action brought on obligation; action to recover payments of interest in excess of principal on usurious obligation
Status: reserved

44-1204. Payments of interest on obligation involving more than the maximum permitted by law on counterclaim in action brought on obligation; action to recover payments of interest in excess of principal on usurious obligation

In an action to recover on an obligation whereby there is contracted for, reserved or taken, a greater rate of interest than the maximum permitted by law, all payments made in money or property may be pleaded as a counterclaim or set-off. If such payments exceed the amount of the principal, judgment may be given in favor of the defendant for the excess, with interest at the rate of ten per cent per annum. If such payments exceed the amount of the principal of the debt or obligation, an action may be maintained to recover the excess.
A.R.S. § 44-1276 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1276
44-1276 Required disclosures; payment for goods; identification of seller or solicitor; cancellation of telephone solicitation or business opportunity sale; notice of right to cancel
Status: in_force

44-1276. Required disclosures; payment for goods; identification of seller or solicitor; cancellation of telephone solicitation or business opportunity sale; notice of right to cancel

A. Before beginning the solicitation or sales presentation over the telephone, the seller or solicitor shall disclose to the consumer:

1. The complete street address of the physical location from which the seller or solicitor is making the telephone solicitation and the complete street address of the seller's principal location.

2. The legal name of the seller on whose behalf the solicitor is making the solicitation.

3. The solicitor's true legal name.

4. That the purpose of the call is to sell merchandise.

B. During any solicitation or sales presentation made by a seller or solicitor and in any written correspondence provided to the consumer as part of the solicitation, the seller or solicitor shall clearly and conspicuously disclose to the consumer:

1. Any charge, including the amount for the use of any premium being offered.

2. Any material restriction, requirement, condition, limitation or exception that is associated with the use of the premium.

3. Any charge connected with the sale of merchandise.

4. The time period within which any premium will be delivered.

5. The consumer's right to cancel the transaction pursuant to subsection C.

C. In addition to any right to otherwise revoke an offer, the consumer may cancel a telephone solicitation sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later.

D. No telephone solicitation sale or sale of a business opportunity or merchandise related to a business opportunity is effective unless the consumer is both:

1. Advised orally and in writing of the legal name, telephone number and complete street address of the physical location of the seller.

2. Advised orally of the right of cancellation along with a written notice containing the following information:

Notice of Cancellation

1. You may cancel this order without any penalty or obligation within three business days from the delivery of the merchandise or premium (gift, bonus, prize or award), whichever is later.

2. If you cancel, any payments made by you will be returned within ten days after the receipt by the seller of your notice of cancellation.

3. To cancel this transaction, mail or deliver a signed and dated copy of your cancellation notice or send a telegram to ____________________ at _______________________________________.

(Name of seller)   (Address of seller's place of business)

4. If you cancel, any merchandise or premium delivered to you must be returned at our expense to ________________________                      (Name of seller)

at ______________________________________________________      (Address of seller's place of business)

no later than twenty-one business days after the receipt of this merchandise or premium, whichever is later.

E. The notice of cancellation given by the consumer is effective if it indicates the intention on the part of the consumer not to be bound by the telephone solicitation sale or sale of a business opportunity or merchandise related to a business opportunity.

F. A provision of a contract, offer or agreement that waives a consumer's right of cancellation under this section is void and has no effect.

G. A solicitor shall accurately identify themselves on caller identification when making a telephone solicitation call to a residential or mobile telephone in Arizona.

H. For the purposes of this section, business day does not include Sunday or a federal or state holiday.
A.R.S. § 44-1378.04 — Arizona Code / Title 44 / Chapter 9 / Article 22 / Section 1378.04
44-1378.04 Right of cancellation
Status: in_force

44-1378.04. Right of cancellation

A. In addition to any right of rescission available under state or federal law, a homeowner has the right to cancel a contract with a foreclosure consultant until midnight of the third business day following the day on which the homeowner signs a contract that complies with this article.

B. Cancellation occurs when the homeowner personally gives written notice of cancellation of the foreclosure consulting contract to the foreclosure consultant at the address specified in the contract or through any fax or electronic mail address identified in the contract or other materials provided to the homeowner by the foreclosure consultant.

C. Notice of cancellation, if given by mail, is effective on deposit of the notice in the United States mail, properly addressed, with postage prepaid.

D. A notice of cancellation given by the homeowner does not need to be in the particular form provided with the contract and, however expressed, is effective if it indicates the intention of the homeowner not to be bound by the contract.

E. As part of the cancellation of a foreclosure consulting contract, the homeowner shall repay, within sixty days after the notice of cancellation, all monies paid or advanced in good faith before the receipt of notice of cancellation by the foreclosure consultant under the terms of the foreclosure consulting contract.

F. The right to cancel may not be conditioned on the repayment of any monies.
A.R.S. § 44-2001 — Arizona Code / Title 44 / Chapter 12 / Article 14 / Section 2001
44-2001 Voidable sale or contract for sale of securities; remedy
Status: in_force

44-2001. Voidable sale or contract for sale of securities; remedy

A. A sale or contract for sale of any securities to any purchaser in violation of section 44-1841 or 44-1842 or article 13 of this chapter is voidable at the election of the purchaser, and the purchaser may bring an action in a court of competent jurisdiction to recover the consideration paid for the securities, with interest, taxable court costs and reasonable  attorney fees, less the amount of any income received by dividend or otherwise from ownership of the securities, on tender of the securities purchased or the contract made, or for damages if the purchaser no longer owns the securities.

B. A person against whom an action for a violation of section 44-1991 is brought is not liable under subsection A of this section if the person sustains the burden of proof that the person did not know and in the exercise of reasonable care could not have known of the untrue statement or misleading omission.
A.R.S. § 44-1712 — Arizona Code / Title 44 / Chapter 11 / Article 7 / Section 1712
44-1712 Application of other laws; remedies as additional
Status: in_force

44-1712. Application of other laws; remedies as additional

A. The provisions of this article are not exclusive and do not relieve the parties or the contracts subject to this article from compliance with any other applicable provision of law.

B. The remedies provided in this article for a violation of this article are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
A.R.S. § 44-283 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 283
44-283 Denial, suspension or revocation of licenses
Status: in_force

44-283. Denial, suspension or revocation of licenses

A. The administrator may deny a license applied for under this chapter or suspend or revoke a license issued under this chapter on any of the following grounds:

1. Material misstatement in the application for a license.

2. A violation, either knowingly or without the exercise of due care to prevent the violation, of this chapter or of any rule or order adopted or issued pursuant to this chapter.

3. Defrauding any retail buyer to the buyer's damage.

4. Fraudulent misrepresentation, circumvention or concealment by the licensee through whatever subterfuge or device of any of the material particulars or the nature thereof required to be stated or furnished to the retail buyer under this article.

5. Conviction in any state of a felony or a misdemeanor involving breach of trust or dishonesty.

6. Having a judgment or order entered against the licensee or applicant by an administrative agency of this or any other state or by the federal government in which one of the bases of the judgment or order is fraud, deceit or misrepresentation, if the conduct was engaged in directly by the licensee or applicant or was authorized, solicited, commanded or knowingly permitted by the directors or senior management of the licensee or applicant.

B. If a licensee is a firm, association or corporation, it is sufficient cause for the suspension or revocation of a license that any officer, director or trustee of a licensed firm, association or corporation, or any member of a licensed partnership, has so acted or failed to act as would be cause for suspending or revoking a license to such party as an individual.  Each licensee is responsible for the acts of any or all of the licensee's employees while acting as the licensee's agent, if the licensee after actual knowledge of the acts retained the benefits, proceeds, profits or advantages accruing from the acts or otherwise ratified the acts.

C. Hearings on the denial, suspension or revocation of a license shall be conducted pursuant to title 41, chapter 6, article 10.  No revocation, suspension or surrender of any license shall impair or affect the obligation of any lawful retail installment contract acquired by the licensee before the revocation, suspension or surrender of the license.
A.R.S. § 44-6709 — Arizona Code / Title 44 / Chapter 20 / Article 1 / Section 6709
44-6709 Current agreements; effect of law; void provisions
Status: in_force

44-6709. Current agreements; effect of law; void provisions

A. This chapter applies to dealer agreements in effect on the effective date of this chapter at the time the agreements are extended, revised, modified or changed in any manner and applies to all dealer agreements entered into or renewed on or after the effective date of this chapter.

B. A provision in any contract or agreement with respect to a supplier that requires jurisdiction or venue outside of this state or requires the application of the laws of another state or country is void with respect to a claim otherwise enforceable under this chapter.
A.R.S. § 44-1242 — Arizona Code / Title 44 / Chapter 9 / Article 3 / Section 1242
44-1242 Sale under own trademark or brand; authority of manufacturer
Status: in_force

44-1242. Sale under own trademark or brand; authority of manufacturer

This article shall not prohibit any person from selling under his own trademarks, trade names, brands, or the words "no brand", the product of any manufacturer, if such person has first obtained the written authorization of the true manufacturer so to sell such product.
A.R.S. § 44-1641.02 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1641.02
44-1641.02 Law enforcement; theft notification website
Status: in_force

44-1641.02. Law enforcement; theft notification website

All law enforcement in this state shall be registered on a free theft notification website that allows law enforcement to send detailed descriptions of stolen items to recycling operations and other law enforcement within at least a one hundred mile radius of a theft.  The website must allow scrap metal dealers to alert law enforcement when the dealers are offered suspicious materials.
A.R.S. § 44-335 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 335
44-335 No additional audits or proposed increased demands; exceptions
Status: in_force

44-335. No additional audits or proposed increased demands; exceptions

A. When the department completes an audit and a final examination report has been completely determined under this title, the holder’s liability for the particular unclaimed property for the period subjected to the audit is fixed and determined, and no additional audit for the particular type of property specified in the final exam report may be conducted except under the following circumstances:

1. If a holder files a claim for refund, any departmental audit of the claim is limited to the issues presented on the claim for refund.

2. If a holder failed to disclose material information during the audit, or has falsified books or records or otherwise engaged in an action that prevented the department from conducting an accurate audit, the applicability of this subsection may be part of a subsequent protest and may be contested by the holder.

B. If the department issues a final examination report, the department may not increase the amount of the property demanded in the final examination report except in one or more of the following circumstances:

1. The holder has made a material misrepresentation of facts.

2. The holder has failed to disclose a material fact to the auditor.

3. The department has requested information and the holder fails to provide that information to the department.

4. After issuing the final examination report but before the demand becomes final, the court of appeals or the supreme court issues a decision, the application of which causes the unclaimed property initially proposed to increase.
A.R.S. § 44-1824 — Arizona Code / Title 44 / Chapter 12 / Article 3 / Section 1824
44-1824 Dealer examination assessment; foreign examination cost; payment
Status: in_force

44-1824. Dealer examination assessment; foreign examination cost; payment

A. The commission shall assess a charge at the rate of two hundred dollars a day for each examiner employed in examining a dealer.  For a dealer maintaining an office outside this state, in addition to the examination assessment, the commission shall make an assessment equal to the travel and subsistence expense incurred in the examination of the office in another state or country.  Reimbursement for examination assessments and examiners' expenses shall be credited to the state general fund.

B. Examination assessments are due and payable to the commission within thirty days after the date of the notice of assessment. A penalty assessment of fifty dollars shall be made for each day the payment is overdue following the thirty day period.  The total penalty assessment shall not exceed twenty-five per cent of the examination assessment.
A.R.S. § 44-1448.01 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1448.01
44-1448.01 Injury to business reputation; dilution
Status: in_force

44-1448.01. Injury to business reputation; dilution

A. The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and on terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if the use begins after the mark has become famous and causes dilution of the distinctive quality of the mark and to obtain other relief provided in this section. In determining whether a mark is distinctive and famous, a court may consider at least the following factors:

1. The degree of inherent or acquired distinctiveness of the mark in this state.

2. The duration and extent of use of the mark in connection with the goods and services with which the mark is used.

3. The duration and extent of advertising and publicity of the mark in this state.

4. The geographical extent of the trading area in which the mark is used.

5. The channels of trade for the goods or services with which the mark is used.

6. The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought.

7. The nature and extent of use of the same or similar mark by third parties.

8. Whether the mark is the subject of a state registration in this state or a federal registration under the act of March 3, 1881, or under the act of February 20, 1905, or on the principal register.

B. In an action brought under this section, the owner of a famous mark is entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought wilfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If wilful intent is proven, the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.

C. The following are not actionable under this section:

1. Fair use of a mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.

2. Noncommercial use of the mark.

3. All forms of news reporting and news commentary.
A.R.S. § 44-1045 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1045
44-1045 Distribution to creditors; compensation and expenses allowed assignee
Status: in_force

44-1045. Distribution to creditors; compensation and expenses allowed assignee

A. When an assignee has in his possession funds of the estate of the assignor in an amount sufficient to pay ten per cent of the indebtedness of the assignor, he shall make a pro rata distribution of the funds among the creditors.

B. The assignee shall receive reasonable compensation for his services and the necessary costs and expenses, including attorney's fees, of administering the assigned estate, to be allowed by the superior court.
A.R.S. § 44-1614 — Arizona Code / Title 44 / Chapter 11 / Article 2 / Section 1614
44-1614 Delivery and unloading of household goods; exemption
Status: in_force

44-1614. Delivery and unloading of household goods; exemption

A. If a household goods mover complies with section 44-1612 and the household goods mover has transported the household goods to the moving destination, all of the following apply:

1. The household goods mover may require the consumer to tender the total estimated price set forth in the contract pursuant to section 44-1612 before delivering and unloading the household goods, except that on a consumer's request a household goods mover may not refuse or charge additional fees to deliver and unload medicine or medical devices or items used to treat or assist an individual with a disability.

2. On the consumer's tender of payment of the total estimated price set forth in the contract, less any amounts previously collected from the consumer, the household goods mover must deliver and unload household goods at the moving destination.

3. A household goods mover may not refuse to deliver and unload household goods to a consumer at the moving destination based on the household goods mover's refusal or inability to accept a method of payment listed in the contract pursuant to section 44-1612.

4. If a consumer does not tender the total estimated price set forth in the contract pursuant to section 44-1612, the household goods mover may refuse to deliver and unload the household goods until the consumer tenders payment of the total estimated price.

B. If a household goods mover refuses to deliver and unload household goods, the household goods mover must use reasonable care to safeguard, preserve and protect the household goods until the household goods are properly delivered and unloaded at the moving destination.

C. If a household goods mover unlawfully fails to deliver and unload household goods, a peace officer may take custody of the household goods or direct the household goods mover to deliver and unload the household goods to the consumer.

D. After the written contract is signed pursuant to section 44-1612, if the consumer makes any request for an additional service not reflected in the contract prescribed by section 44-1612, the household goods mover must obtain written acknowledgement from the consumer of the fee the consumer should expect to pay for the service requested before the household goods mover provides the service. The household goods mover must also provide the consumer with a copy of the written acknowledgement of the fee before providing the service.

E. After delivering and unloading the household goods at the moving destination, a household goods mover may present an invoice for any remaining charges for additional services not reflected in the contract prescribed by section 44-1612, but that is acknowledged under subsection D of this section. To secure payment for any additional services provided, a household goods mover may not refuse to deliver and unload household goods at the moving destination. If the total amount collected by a household goods mover exceeds the amount prescribed by the contract as set forth in section 44-1612 and any acknowledged fees as set forth in subsection D of this section, the household goods mover shall refund the excess amount.  The requirement to refund the excess amount does not apply to any gratuity that may have been collected by the household goods mover.
A.R.S. § 44-1875 — Arizona Code / Title 44 / Chapter 12 / Article 6 / Section 1875
44-1875 Filing of additional information
Status: in_force

44-1875. Filing of additional information

If at any time in the opinion of the commission or the director the information set forth in a registration statement filed under section 44-1872 is insufficient to establish the fact that the securities described therein are entitled to registration by description, the commission or the director may require the issuer or dealer who filed the statement to file further information necessary to establish that the securities are entitled to registration by description.
A.R.S. § 44-2082 — Arizona Code / Title 44 / Chapter 12 / Article 18 / Section 2082
44-2082 Requirements for securities fraud actions involving misleading statements or omissions
Status: in_force

44-2082. Requirements for securities fraud actions involving misleading statements or omissions

A. In any private action arising under section 44-1991 or 44-1992 in which the plaintiff alleges that the defendant made an untrue statement of a material fact or omitted a statement of a material fact necessary in order to make the statements made, in the light of the circumstances in which they were made, not misleading, the complaint shall specify each alleged untrue statement or material omission and the reason or reasons why the statement or omission is misleading or the omission is material and, if an allegation regarding the statement or omission is made on information and belief, the complaint shall state with particularity all facts on which that belief is formed.

B. In any private action arising under section 44-1991 or 44-1992 in which the plaintiff may recover money damages only on proof that the defendant acted with a particular state of mind, for each act or omission that allegedly violates section 44-1991 or 44-1992, the complaint shall state with particularity facts giving rise to a strong inference that the defendant acted with the required state of mind.

C. In any private action arising under section 44-1991 or 44-1992:

1. On any defendant's motion, the court shall dismiss the complaint if the requirements of subsections A and B of this section are not met.

2. All discovery and other proceedings shall be stayed during the pendency of any motion to dismiss pursuant to rule 12 of the Arizona rules of civil procedure, unless the court finds on the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party.

D. During the pendency of any stay of discovery pursuant to subsection C of this section, unless ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of that person and that are relevant to the allegations as if they were the subject of a continuing request for production of documents from an opposing party under the Arizona rules of civil procedure or any applicable federal or other jurisdictional counterpart to the rules.  A party aggrieved by the wilful failure of an opposing party to comply with this subsection may apply to the court for an order awarding appropriate sanctions.

E. Except as provided in section 44-1991, subsection B, including actions based on allegations of activities constituting dishonest or unethical practices in the securities industry, in any private action arising under this chapter, the plaintiff has the burden of proving that the act or omission of the defendant alleged to violate the section under which the private action is brought caused the loss for which the plaintiff seeks to recover damages.
A.R.S. § 44-1529 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1529
44-1529 Powers of receiver
Status: in_force

44-1529. Powers of receiver

When a receiver is appointed by the court pursuant to this article, he shall have the power to sue for, collect, receive, or take into his possession all the goods, and chattels, rights and credits, monies and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes and property of every description, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of the use or employment of any unlawful practice, and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and enter such judgments therein as may be required.
A.R.S. § 44-1272.01 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1272.01
44-1272.01 Limited registration; penalty; violation; classification
Status: in_force

44-1272.01. Limited registration; penalty; violation; classification

A. Any seller who is listed in section 44-1273, subsection B shall file with the secretary of state a limited registration statement on a form prescribed by the secretary of state before the seller solicits any consumer from a location in this state or any consumer located in this state.

B. If there is a change in any of the information required by subsection C of this section, within ten days after the change the seller shall file a supplemental statement with the secretary of state.

C. Each limited registration statement shall include all of the following information:

1. The true legal name of the seller.

2. All of the names under which the seller is doing business or intends to do business.

3. The complete street address of the physical location of the principal place of business of the seller and the telephone number for the location.

4. The name and address of the seller's agent who is authorized to receive service of process. Alternatively, the seller may designate the secretary of state to receive service of process.

5. The reason the seller is exempt from full registration.

6. The name and address of the person who files the limited registration statement.

D. A seller who files a limited registration statement pursuant to this section is not required to pay a filing fee and is not required to file and maintain a bond.

E. Compliance with the limited registration prescribed in this section does not constitute an approval or endorsement by this state of the seller's limited registration or conduct.

F. The secretary of state may send by certified mail a notice of failure to file a limited registration statement pursuant to this section to any seller who is listed in section 44-1273, subsection B and who fails to comply with the limited registration prescribed in this section. The seller shall comply with the limited registration prescribed in this section within thirty days after receiving the notice from the secretary of state and shall pay a late registration penalty of twenty-five dollars. If the seller does not comply with this subsection, the seller is guilty of a class 3 misdemeanor.
A.R.S. § 44-316 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 316
44-316 Claim of another state to recover property
Status: in_force

44-316. Claim of another state to recover property

A. After property has been paid or delivered to the department pursuant to this chapter, another state may recover the property if any of the following applies:

1. The property was paid or delivered to the custody of this state because the records of the holder did not indicate a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person who is entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.

2. The property was paid or delivered to the custody of this state because at the time of the payment or delivery the laws of the other state did not provide for the escheat or custodial taking of the property, but after the payment or delivery the other state enacts laws that cause the property to escheat or become subject to a claim of abandonment by that state.

3. The records of the holder did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.

4. The property was subjected to custody by this state pursuant to section 44-304, paragraph 6 and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state.

5. The property is a sum that is payable on a traveler's check, money order or similar instrument that was purchased in the other state and delivered to the custody of this state pursuant to section 44-304, paragraph 7 and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.

B. In order to file a claim to recover escheated or abandoned property, another state shall present the claim in a form prescribed by the department.  The department shall decide the claim within ninety days after the claim is presented.  The department shall allow the claim on determining that the other state is entitled to the abandoned property pursuant to subsection A of this section.

C. Before recovering property under this section, the department shall require the other state to agree to indemnify this state and its officers and employees against any liability on a claim to the property.
A.R.S. § 44-7901 — Arizona Code / Title 44 / Chapter 37 / Article 1 / Section 7901
44-7901 Definitions
Status: in_force

44-7901. Definitions

In this article, unless the context otherwise requires:

1. "Booking photograph" means a photograph of a subject individual that is taken pursuant to an arrest or other involvement in the criminal justice system.

2. "Commercial purpose" has the same meaning prescribed in section 39-121.03.

3. "Criminal justice record" includes a booking photograph and the name, address and description of and the charges filed against a subject individual.

4. "Mugshot website operator" means a person that publishes a criminal justice record on a publicly available internet website for a commercial purpose.

5. "Person" means a natural person, partnership, association, joint venture, corporation, limited liability company, nonprofit organization or trust or any similar entity or organized group of persons.

6. "Subject individual" means an individual who has been arrested.
A.R.S. § 44-1632 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1632
44-1632 Pawnshop hours; city or town ordinance
Status: in_force

44-1632. Pawnshop hours; city or town ordinance

A city or town may adopt an ordinance prohibiting the operation of pawnshops from 12:00 a.m. to 6:00 a.m.
A.R.S. § 44-7061 — Arizona Code / Title 44 / Chapter 26 / Article 5 / Section 7061
44-7061 Signatures and records secured through blockchain technology; smart contracts; ownership of information; definitions
Status: in_force

44-7061. Signatures and records secured through blockchain technology; smart contracts; ownership of information; definitions

A. A signature that is secured through blockchain technology is considered to be in an electronic form and to be an electronic signature.

B. A record or contract that is secured through blockchain technology is considered to be in an electronic form and to be an electronic record.

C. Smart contracts may exist in commerce. A contract relating to a transaction may not be denied legal effect, validity or enforceability solely because that contract contains a smart contract term.

D. Notwithstanding any other law, a person that, in or affecting interstate or foreign commerce, uses blockchain technology to secure information that the person owns or has the right to use retains the same rights of ownership or use with respect to that information as before the person secured the information using blockchain technology. This subsection does not apply to the use of blockchain technology to secure information in connection with a transaction to the extent that the terms of the transaction expressly provide for the transfer of rights of ownership or use with respect to that information.

E. For the purposes of this section:

1. "Blockchain technology" means distributed ledger technology that uses a distributed, decentralized, shared and replicated ledger, which may be public or private, permissioned or permissionless, or driven by tokenized crypto economics or tokenless. The data on the ledger is protected with cryptography, is immutable and auditable and provides an uncensored truth.

2. "Smart contract" means an event-driven program, with state, that runs on a distributed, decentralized, shared and replicated ledger and that can take custody over and instruct transfer of assets on that ledger.
A.R.S. § 44-1995 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 1995
44-1995 Violation; classification
Status: in_force

44-1995. Violation; classification

A person violating a provision of this article is guilty of a class 4 felony.
A.R.S. § 44-1324 — Arizona Code / Title 44 / Chapter 9 / Article 9 / Section 1324
44-1324 Civil penalties; environmental nuisance
Status: in_force

44-1324. Civil penalties; environmental nuisance

A person who knowingly violates section 44-1322 or 44-1323 is subject to a civil penalty of not more than five hundred dollars per violation and is subject to citation under title 49, chapter 1, article 3, relating to environmental nuisances. Each battery that is sold, refunded or disposed of improperly or improperly subjected to a fee constitutes a separate violation.
A.R.S. § 44-6808 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6808
44-6808 Receipts
Status: in_force

44-6808. Receipts

On request by the consumer, a lessor shall provide the consumer with a written receipt for each payment made by cash or money order.
A.R.S. § 44-1264 — Arizona Code / Title 44 / Chapter 9 / Article 5 / Section 1264
44-1264 Reasonable number of attempts to conform motor vehicle to express warranty; presumption
Status: in_force

44-1264. Reasonable number of attempts to conform motor vehicle to express warranty; presumption

A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either:

1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist.

2. The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the shorter of the express warranty term or the two year period or twenty-four thousand miles, whichever is earlier.

B. The term of an express warranty, the two year period and the thirty day period are extended by any period of time during which repair services are not available to the consumer because of any war, invasion, strike, fire, flood or other natural disaster.

C. The presumption prescribed in this section does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer of the alleged defect and has had an opportunity to cure the alleged defect.
A.R.S. § 44-1033 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1033
44-1033 Filing of assignment; accompanying inventory of property and indebtedness required; docketing of assignment by clerk
Status: in_force

44-1033. Filing of assignment; accompanying inventory of property and indebtedness required; docketing of assignment by clerk

A. The debtor shall forthwith file with the clerk of the superior court of the county where the principal place of business of the debtor is located a copy of the assignment, to which shall be annexed an inventory containing:

1. A true and full account of all the creditors of the debtor or debtors.

2. The place of residence of each creditor, if known to the debtor or debtors, and if not known, such fact shall be stated.

3. The amount owing each creditor and the nature of each debt or demand, whether arising on written security, account or otherwise.

4. The true cause of and consideration for each such indebtedness and the place where the indebtedness arose.

5. Any judgment, mortgage, collateral or other security for the payment of the debt.

6. A full and true inventory of all the debtor's property at the date of the assignment, both real and personal, in law or equity, and all encumbrances thereon, and of all vouchers and securities relating thereto, and the value of such property according to the best knowledge of the debtor.

B. An affidavit shall be made by the debtor, and shall be annexed to and delivered with the inventory or schedule, that the inventory or schedule is in all respects just and true according to his best knowledge and belief.

C. No provision of this article shall affect the assignor's right to retain property exempt from execution by the law of this state. The list and inventory shall not be conclusive except as against the debtor making it.

D. The clerk shall docket the assignment as an action in probate. The qualifications of assignees shall be those prescribed for administrators of estates.
A.R.S. § 44-1221 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1221
44-1221 Deceptive use of name; classification; attorney general
Status: in_force

44-1221. Deceptive use of name; classification; attorney general

A. It is unlawful for a person to deceive another person by misrepresenting the geographical origin or location of the person's business in the conduct of the person's business.

B. A person who intentionally or knowingly violates subsection A of this section is guilty of a class 2 misdemeanor.

C. An act or practice in violation of this section is an unlawful practice under section 44-1522 and subject to enforcement through private action and prosecution by the attorney general. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.
A.R.S. § 44-1207 — Arizona Code / Title 44 / Chapter 9 / Article 1 / Section 1207
44-1207 Interest on lawful charge, fee, cost or expense
Status: in_force

44-1207. Interest on lawful charge, fee, cost or expense

Any lawful charge, fee, cost or expense paid by or due to a lender on behalf of a borrower, with his consent, may be added to the principal amount of a loan made to such borrower under the provisions of this title or under the provisions of title 6, and such amount shall become part of the principal and interest may be charged thereon as provided by law.
A.R.S. § 44-282 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 282
44-282 Licensing of sales finance companies required; penalty
Status: in_force

44-282. Licensing of sales finance companies required; penalty

A. A person shall not engage in the business of a sales finance company in this state without a sales finance company license as provided in this article. A motor vehicle dealer shall not sell or transfer any contract to a person in this state not licensed under the terms of this chapter.

B. The application for a license shall be in writing, under oath and in the form prescribed by the administrator. The application shall contain the name of the applicant, the date of incorporation if incorporated, the address where the business is or is to be conducted and similar information as to any branch office of the applicant, the name and resident address of the owners or partners or, if a corporation or association, of the directors, trustees and principal officers, and such other pertinent information the administrator may require.

C. The license fee for a sales finance company is the fee prescribed in section 6-126.

D. To coincide with the licensing of motor vehicle dealers pursuant to title 28, chapter 10, the administrator may issue a sales finance company license pursuant to this article with staggered renewal dates to distribute the renewal workload as uniformly as practicable throughout the twelve months of the calendar year. In order to initiate a staggered license renewal system, the administrator may issue a license for more or less than a twelve-month period, but not more than eighteen months, and may prorate the license fee.

E. A licensee shall submit its renewal application and applicable renewal fees to the department of insurance and financial institutions on or before December 31 of each year.

F. A penalty of $25 per day shall be assessed against any licensee for each day after the license renewal date that the licensee's renewal application and fee are not received by the department of insurance and financial institutions. Licenses not renewed within thirty days after their license renewal date expire.

G. A license shall be obtained for each separate place of business at or from which a licensee transacts business. Each license shall specify the location of the office or branch and must be conspicuously displayed there. If such location is changed, the administrator shall endorse the change of location on the license on the payment of the fee prescribed in section 6-126, subsection A.

H. On the filing of the application and the payment of the required fee, the administrator shall issue a license to the applicant to engage in the business of a sales finance company under and in accordance with this article. All licenses issued under this article shall remain in full force and effect until surrendered, revoked, suspended or canceled by failure to renew under this article. A licensee shall not transact any business provided for by this article without using the license name or other assumed name or trade name that is submitted to the department pursuant to section 6-117.

I. A license is not transferable or assignable and control of a licensee may not be acquired through a stock purchase or any other device without the prior written consent of the administrator. Written consent shall not be given if the administrator finds that any of the grounds for denial, revocation or suspension of a license as set forth in section 44-283 are applicable to the acquiring person.  For the purposes of this subsection, "control" means the power to vote more than twenty percent of the outstanding voting shares of a licensed corporation, partnership, association or trust.

J. A person doing business under the laws of this state or the United States as a bank, savings bank, savings and loan association or credit union is exempt from the licensing requirements of this section but shall comply with all other requirements of this chapter, except that affiliates of banks, savings banks, savings and loan associations or credit unions shall comply with this section. For the purposes of this subsection, "affiliate" means an entity that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the entity specified.
A.R.S. § 44-1206 — Arizona Code / Title 44 / Chapter 9 / Article 1 / Section 1206
44-1206 Effect of obligations insured or guaranteed by the United States
Status: in_force

44-1206. Effect of obligations insured or guaranteed by the United States

No law requiring security upon which loans may be made, prescribing the nature, amount or form of such security, prescribing or limiting interest rates upon loans, or prescribing or limiting the period for which loans may be made, shall apply to loans, advances of credit, or purchases of obligations representing loans and advances of credit payment of which is insured or guaranteed by the United States or any agency or instrumentality thereof.
A.R.S. § 44-1799.91 — Arizona Code / Title 44 / Chapter 11 / Article 25 / Section 1799.91
44-1799.91 Definitions
Status: in_force

44-1799.91. Definitions

In this article, unless the context otherwise requires:

1. "Direct primary care agreement" means a contract between a primary care provider and an individual patient or the patient's legal representative in which the primary care provider agrees to provide primary care services to the individual patient for an agreed periodic fee and period of time.

2. "Direct primary care patient" means a patient who enters into a direct primary care agreement with a primary care provider.

3. "Direct primary care provider" means a primary care provider who enters into a direct primary care agreement with a patient or the patient's legal representative.

4. "Primary care provider":

(a) Means:

(i) A physician who is licensed pursuant to title 32, chapter 13 or 17 and who specializes in family medicine, internal medicine or pediatrics or otherwise treats patients for chronic conditions requiring regular treatment.

(ii) A physician assistant who is licensed pursuant to title 32, chapter 25 and who practices with a physician who specializes in family medicine, internal medicine or pediatrics.

(iii) A registered nurse practitioner who is licensed pursuant to title 32, chapter 15 and who is certified in family practice, adult health, gerontology, women's health or pediatrics.

(iv) A dentist who is licensed pursuant to title 32, chapter 11 and who provides dental services.

(b) Includes a group, entity or practice of primary care providers.

5. "Primary care services" means routine, periodic health care procedures that are ordered and supervised by a primary care provider, including medical visits, laboratory testing, imaging, pathology testing, prescribing and administering medication, diagnosing, treating and managing acute and chronic conditions and other health care procedures provided to patients on a routine, periodic basis that may be performed or supervised by a primary care provider with training and experience in that procedure, or dental services that may be performed or supervised by a dentist who is licensed pursuant to title 32, chapter 11.
A.R.S. § 44-1521 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1521
44-1521 Definitions
Status: in_force

44-1521. Definitions

In this article, unless the context otherwise requires:

1. "Advertisement" includes the attempt by publication, dissemination, solicitation or circulation, oral or written, to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise.

2. "Attorney general" means the attorney general of Arizona or the attorney general's authorized delegate.

3. "Authorized delegate" means any attorney, investigator or administrative personnel employed by the attorney general and so designated, and, if requested by the county attorney and authorized by the attorney general, may include similar personnel employed by the several county attorneys of this state.

4. "Examine" means the inspection, study or copying of any account, book, document, merchandise, paper or record.

5. "Merchandise" means any objects, wares, goods, commodities, intangibles, real estate or services.

6. "Person" means any natural person or the person's legal representative, any partnership or domestic or foreign corporation, any company, trust, business entity or association or any agent, employee, salesman, partner, officer, director, member, stockholder, associate or trustee.

7. "Sale" means any sale, offer for sale or attempt to sell any merchandise for any consideration, including sales, leases and rentals of any real estate subject to any form of deed restriction imposed as part of a previous sale.
A.R.S. § 44-7402 — Arizona Code / Title 44 / Chapter 31 / Article 1 / Section 7402
44-7402 Gift card fees prohibited; underlying monies expiration date prohibited; civil penalty
Status: in_force

44-7402. Gift card fees prohibited; underlying monies expiration date prohibited; civil penalty

A. A gift card may not be subject to a fee.

B. The underlying monies on a gift card may not be subject to an expiration date.

C. A gift card or a code or device associated with a gift card may contain an expiration date with respect to the gift card or the code or device, but not with respect to the underlying monies, if the gift card contains a clear and conspicuous disclosure that the underlying monies do not expire and that the consumer may contact the issuer for a replacement gift card or a replacement code or device associated with the gift card.  If the gift card is an electronic gift card, the disclosure shall be in the message to the consumer that contains the card number or code.

D. This section does not apply to any of the following:

1. A gift card that is distributed to a consumer pursuant to an awards, loyalty or promotional program when no money or other property with value has been given by the consumer in exchange for the gift card.

2. A gift card that is sold below face value to a nonprofit or charitable organization or that is donated to a nonprofit or charitable organization for fund raising purposes.

3. A card for prepaid telecommunication services, an electronic funds transfer card or a bank-issued debit or general purpose reloadable prepaid card not marketed or labeled as a gift card or gift certificate.

E. Notwithstanding chapter 10, article 7 of this title, the sole penalty for a violation of this section is a civil penalty of not more than five hundred dollars per card violation.
A.R.S. § 44-1460.04 — Arizona Code / Title 44 / Chapter 10 / Article 3.1 / Section 1460.04
44-1460.04 Public examination of records
Status: in_force

44-1460.04. Public examination of records

The secretary of state shall keep for public examination a record of all trade names registered or renewed under the provisions of this article.
A.R.S. § 44-337 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 337
44-337 Abatement of interest for errors or delays caused by the department
Status: in_force

44-337. Abatement of interest for errors or delays caused by the department

A. The director may abate all or part of interest accrued on:

1. An unclaimed property deficiency due to any unreasonable error or delay by an officer or employee of the department acting in the employee’s official capacity.

2. Any payment of unclaimed property to the extent that any error or delay in the payment is attributable to an officer or employee of the department being unreasonably erroneous or dilatory.

B. The director may consider an error or delay only if no significant aspect of the error or delay can be attributed to the holder and after the department has contacted the holder in writing with respect to the deficiency or payment.

C. The director’s decision is the department’s final decision or order and, except as provided in section 41-1092.08, subsection H, is subject to judicial review pursuant to title 12, chapter 7, article 6.

D. The department shall provide a written document to each new transaction privilege tax licensee that provides information regarding the reporting and remittance of unclaimed property.
A.R.S. § 44-1999 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 1999
44-1999 Controlling persons; liability
Status: in_force

44-1999. Controlling persons; liability

A. Every person who, by or through stock ownership, agency or otherwise or who pursuant to or in connection with an agreement or understanding with one or more other persons by or through stock ownership, agency or otherwise controls any person liable under this article, other than section 44-1991 or 44-1992, is liable jointly and severally with and to the same extent as the controlled person to any person to whom the controlled person is liable, unless the controlling person had no knowledge of or reasonable grounds to believe in the existence of the facts by reason of which the liability of the controlled person is alleged to exist.

B. Every person who, directly or indirectly, controls any person liable for a violation of section 44-1991 or 44-1992 is liable jointly and severally with and to the same extent as the controlled person to any person to whom the controlled person is liable unless the controlling person acted in good faith and did not directly or indirectly induce the act underlying the action.
A.R.S. § 44-1007 — Arizona Code / Title 44 / Chapter 8 / Article 1 / Section 1007
44-1007 Remedies of creditors
Status: in_force

44-1007. Remedies of creditors

A. In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in sections 44-1008 and 44-1009, may obtain one or more of the following remedies:

1. Garnishment against the fraudulent transferee or the recipient of the fraudulent obligation, in accordance with the procedure prescribed by law in obtaining such remedy.

2. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim.

3. An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by law in obtaining such remedy.

4. Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

(a) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property.

(b) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee.

(c) Any other relief the circumstances may require.

B. Subject to the limitations in sections 44-1008 and 44-1009, if a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
A.R.S. § 44-1674 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1674
44-1674 Inventory
Status: in_force

44-1674. Inventory

The application shall have attached thereto a detailed inventory listing each article to be auctioned, together with an inventory number for each article to be auctioned, and a detailed itemization of the quantity, quality, kind or class of each article to be sold and the wholesale cost or invoice price thereof.
A.R.S. § 44-1382 — Arizona Code / Title 44 / Chapter 9 / Article 26 / Section 1382
44-1382 Transfer of personal property; city, town or county
Status: in_force

44-1382. Transfer of personal property; city, town or county

Notwithstanding any other law, this state and a city, town or county shall not require as a condition of a private sale, gift, donation or other transfer of personal property that the owner of the personal property search or facilitate the search of any federal or state databases and shall not require that a third party be involved.
A.R.S. § 44-1797.13 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.13
44-1797.13 Misrepresentation; contract void and unenforceable
Status: in_force

44-1797.13. Misrepresentation; contract void and unenforceable

Any untrue or misleading information, representation, notice, material omission or advertisement of the seller which has been received by or made to the buyer before he signs a contract for discount buying services renders the contract for discount buying services void and unenforceable by the seller. No seller may make or disseminate such information, representations, notices, material omissions or advertisements.
A.R.S. § 44-1377 — Arizona Code / Title 44 / Chapter 9 / Article 21 / Section 1377
44-1377 Disclosure of restocking fee; enforcement; definition
Status: in_force

44-1377. Disclosure of restocking fee; enforcement; definition

A. A business in this state that charges a restocking fee on a product the business sells shall disclose the existence of the fee and the amount of the fee to a customer in accordance with this section.

B. If a business charges a restocking fee, the business shall do all of the following:

1. Disclose in any print advertising and promotional material, including a catalog, that a restocking fee may apply to the purchase of goods.  The disclosure shall be printed in a clear and conspicuous manner in the advertising and promotional material.

2. Post a notice disclosing that a restocking fee may apply to the purchase of goods and where the customer may obtain the full restocking fee policy.  The notice shall be clearly and conspicuously visible to the customer before purchase.

3. Disclose on the sales receipt in a conspicuous manner in type at least as large as the majority of the printed text on the receipt and in print that is clear and legible, both of the following:

(a) That a restocking fee may apply to the purchased good.

(b) Where the customer may obtain the full restocking fee policy.

4. At the point of purchase for a good on the web site of the business, disclose that a restocking fee may apply to the purchase of goods. The business must provide the full restocking fee policy on the web site.  The disclosure prescribed by this paragraph shall be printed in a clear and conspicuous manner on the web site.

C. An act or practice in violation of this section is an unlawful practice under section 44-1522.  The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.

D. For the purposes of this section, "restocking fee" means a fee charged by a business for restocking of the good purchased on its return or exchange.
A.R.S. § 44-1992 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 1992
44-1992 Filing of misleading information with commission
Status: in_force

44-1992. Filing of misleading information with commission

It is a fraudulent practice and unlawful:

1. For a person to subscribe to or make or cause to be made an untrue statement of a material fact in an application, registration statement, prospectus, financial statement or document required to be filed under any provision of this chapter or any rule, regulation or order of the commission thereunder.

2. To omit or cause to be omitted from any such application, registration statement, prospectus, financial statement, or other statement or document, a material fact or statement necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading.
A.R.S. § 44-1799.02 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799.02
44-1799.02 Information statement; purchaser rights; notice
Status: in_force

44-1799.02. Information statement; purchaser rights; notice

A. At the time of sale, each pet dealer shall give the purchaser of a cat or dog a written statement that contains the following information:

1. The date of the animal's birth, if known, the state in which the animal was born, if known, and the date the pet dealer received the animal.

2. The immunizations and deworming treatments that have been administered to the animal as of the time of sale, if known, including the dates of administration and the type and brand of vaccine or deworming treatment.

3. The breed, sex, color and other identifying marks apparent at the time of sale. If the animal is from a source that is licensed by the United States department of agriculture, the individual identifying tag, tattoo or color number for the animal shall be included. If the breed is unknown or mixed, this fact shall be stated.

4. Any veterinary treatment or medication that the animal received while in the possession of the pet dealer and either of the following:

(a) A statement signed by the pet dealer and the purchaser at the time of sale that contains all of the following:

(i) A statement that a veterinarian examined the animal and the animal has no apparent disease or illness.

(ii) A statement that a veterinarian examined the animal and at the time of the examination the animal had no apparent congenital or hereditary condition that would adversely affect the health of the animal at the time of sale or that is likely to adversely affect the health of the animal in the future.

(b) A record of any known disease or illness or any hereditary or congenital condition that adversely affects the health of the animal at the time of sale or that is likely to adversely affect the health of the animal in the future. The record shall include a statement that is signed by a veterinarian who is licensed pursuant to title 32, chapter 21, that recommends necessary treatment, if any, and that verifies that the disease, illness or condition does not require hospitalization or nonelective surgical procedures and is not likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian's statement is not required for intestinal or external parasites. The pet dealer and the purchaser shall sign the statement required by this subdivision.

B. The purchaser shall acknowledge in writing that the purchaser has received the information required by subsection A.

C. In addition to information required to be given to a purchaser pursuant to subsection A, at the time of sale and on request of the purchaser, a pet dealer that sells a cat or dog shall provide the prospective purchaser with written notice of the purchaser's rights. The notice shall be a legible copy of this article.

D. A pet dealer shall post the following notice within close proximity of the cages or enclosures in which cats or dogs are offered for sale:

Pursuant to title 44, chapter 11, article 17, Arizona Revised Statutes, information on the source of the cat or dog and any veterinary treatment received by the cat or dog is available for review. You are entitled to a copy of the law describing your rights as a consumer.
A.R.S. § 44-7052 — Arizona Code / Title 44 / Chapter 26 / Article 4 / Section 7052
44-7052 Electronic delivery of written communications; exception; definition
Status: in_force

44-7052. Electronic delivery of written communications; exception; definition

A. Any law requiring an entity, a government agency, a government official or any person acting with official government authority to communicate with a person in writing or by mail may be satisfied by use of a secure electronic delivery service.

B. This section does not apply to ballots, sample ballots, publicity pamphlets or other similar governmental communication regarding an election.

C. For the purposes of this section, "secure electronic delivery service" means a service that both:

1. Employs security procedures to provide, send, deliver or otherwise communicate electronic records to their intended recipients by means that use either:

(a) Security methods such as passwords, encryption and matching an electronic address to a person's physical United States postal address.

(b) Other security methods that are consistent with applicable law or industry standards.

2. Operates subject to otherwise applicable requirements of the electronic signatures in global and national commerce act (15 United States Code chapter 96) or this chapter and that allows information to be provided, sent, delivered or otherwise communicated by or from an entity, a government agency, a government official or any person acting with official government authority to a person in the form of an electronic record.
A.R.S. § 44-1797.10 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.10
44-1797.10 Receipt of payment or monies; delivery or availability of goods; time; refund; trust account; deposits and withdrawals
Status: in_force

44-1797.10. Receipt of payment or monies; delivery or availability of goods; time; refund; trust account; deposits and withdrawals

A. Each contract for discount buying services shall provide that if any goods ordered by the buyer from the seller are not delivered to the buyer or available for pickup by the buyer at a location within his county of residence within one hundred twenty days from the date the buyer placed an order for such goods, any monies paid by the buyer for such goods in advance of delivery shall, on the buyer's request, be fully refunded unless a predetermined delivery date has been furnished to the buyer in writing at the time he ordered such goods and the goods are delivered to the buyer or are available for pickup by that date or if the buyer has waived his right to a refund in writing.

B. Before receiving monies for an order of goods or services from any buyer, the discount buying organization shall establish a trust account at a federally insured bank, savings and loan association or credit union for the deposit of the monies. The discount buying organization shall deposit into the account all monies received from buyers for orders of goods or services regardless of how the monies are styled, including down payment, partial payment, payment in full, freight charge or any other terms. If the total cost of goods or services ordered by a buyer on any one day does not exceed fifty dollars, including taxes, freight charges, delivery charges, markup and all other charges collected by the discount buying organization, the monies received from the buyer need not be deposited in the trust account.

C. The trust account required by this section shall be created and maintained for the benefit of buyers who order goods or services from or through the discount buying organization. The discount buying organization shall not in any manner encumber the corpus of the account and shall not withdraw monies deposited in the account on behalf of a buyer except:

1. In partial or full payment to the discount buying organization's source for the goods or services ordered by the buyer.

2. To make a refund to the buyer. After the withdrawal of monies from a buyer's deposit pursuant to this subsection, only that portion of the remainder of the deposit which represents compensation to the discount buying organization may be withdrawn.
A.R.S. § 44-1798.04 — Arizona Code / Title 44 / Chapter 11 / Article 15 / Section 1798.04
44-1798.04 Jurisdiction; no waiver; election of remedies
Status: in_force

44-1798.04. Jurisdiction; no waiver; election of remedies

A principal who establishes a business relationship with a sales representative to solicit orders for products or services in this state is doing business in this state for purposes of jurisdiction.  A provision in a contract between a sales representative and a principal that purports to waive a provision of this article by an express waiver or a contract subject to the laws of another state is void.  This section does not invalidate or restrict any other right or remedy available to a sales representative or preclude a sales representative from seeking to recover in one action on all claims against a principal.
A.R.S. § 44-1380 — Arizona Code / Title 44 / Chapter 9 / Article 24 / Section 1380
44-1380 Consumer incentive item regulation; state preemption; definition
Status: in_force

44-1380. Consumer incentive item regulation; state preemption; definition

A. The regulation and use of consumer incentive items from retail food establishments are of statewide concern.  The regulation of consumer incentive items pursuant to this article and their use, including their use in retail food establishment marketing, are not subject to further regulation by a county, city, town or other political subdivision of this state.

B. For the purposes of this section, "consumer incentive item" means any licensed media character, toy, game, trading card, contest, point accumulation, club membership, admission ticket, token, code or password for digital access, coupon, voucher, incentive, crayons, coloring placemats or other premium or prize or consumer product that is associated with a meal served by or acquired from a restaurant, food establishment or convenience store.
A.R.S. § 44-1964 — Arizona Code / Title 44 / Chapter 12 / Article 10 / Section 1964
44-1964 Temporary suspension orders
Status: in_force

44-1964. Temporary suspension orders

A. If the commission has reasonable grounds to believe that a registered dealer or salesman has been guilty of any act or omission which would be sufficient ground for denying or revoking the registration of the dealer or salesman, it may enter an order temporarily suspending the registration of the dealer or salesman pending an examination into his affairs, or pending a hearing or notice and opportunity for hearing as provided by article 11 of this chapter, but no temporary suspension order shall be effective for more than thirty days except with consent of the registrant. The suspension order shall state specifically the grounds for its issuance.

B. On entry of the temporary suspension order, or of an order withdrawing a temporary suspension order previously entered, the director shall send a copy of the order, by certified mail, to the dealer or salesman whose registration is affected at the dealer's or salesman's business address, and, if the order affects the registration of a salesman, to the registered dealer who employs the salesman.
A.R.S. § 44-1660 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1660
44-1660 Compulsory testimony regarding futures or bucket shops; prosecution of witness prohibited
Status: in_force

44-1660. Compulsory testimony regarding futures or bucket shops; prosecution of witness prohibited

No person is exempt from testifying concerning any offense set forth or prohibited by this article on the ground that such testimony may incriminate him, but no prosecution may afterwards be had against him for any offense concerning which he testified.
A.R.S. § 44-1798.02 — Arizona Code / Title 44 / Chapter 11 / Article 15 / Section 1798.02
44-1798.02 Termination of sales representative contract; payment of earned commissions
Status: in_force

44-1798.02. Termination of sales representative contract; payment of earned commissions

A. If an agreement of services is terminated for any reason both of the following apply:

1. All the commissions due through the time of termination shall be paid to the sales representative within a period of not to exceed thirty days after termination.

2. All the commissions that become due after the effective date of termination shall be paid to the sales representative within fourteen days after they become due.

B. The principal shall pay the sales representative all commissions due while the business relationship is in effect in accordance with the agreement between the parties.

C. A principal who fails to comply with subsections A and B of this section is liable to the sales representative for damages in the amount of three times the sum of the unpaid commissions owed to the sales representative.

D. The prevailing party in an action brought under this section is entitled to the cost of the suit, including reasonable attorney fees.

E. Commissions shall be paid at the usual place of payment unless the sales representative requests that the commissions be sent by registered mail.  If, in accordance with a request by the sales representative, the sales representative's commissions are sent by mail, the commissions are deemed to have been paid as of the date of the registered postmark on the envelope.

F. Unless payment is made pursuant to a binding and final written settlement agreement and release, the acceptance by a sales representative of a commission payment from the principal does not constitute a release as to the balance of any commissions claimed due.  A full release of all commission claims that is required by a principal as a condition to a partial commission payment is null and void.
A.R.S. § 44-1646 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1646
44-1646 Burned metallic wire; aluminum wire; copper wire; transaction restrictions; applicability
Status: in_force

44-1646. Burned metallic wire; aluminum wire; copper wire; transaction restrictions; applicability

A. A scrap metal dealer shall not purchase or receive metallic wire that was burned in whole or in part to remove insulation unless the scrap metal dealer receives from the scrap metal seller written evidence identifying the person who delivers the wire to the scrap metal dealer that includes evidence that the wire was lawfully burned.

B. A scrap metal dealer shall not accept aluminum wire with a diameter of 3/8 inch or more or any copper wire that has the insulation removed and shall not remove the insulation from the wire until after the seven-day period prescribed by section 44-1644, subsection E.

C. This section does not apply to transactions with all industrial accounts or to transactions between scrap metal dealers.
A.R.S. § 44-1604 — Arizona Code / Title 44 / Chapter 11 / Article 1 / Section 1604
44-1604 Local ordinances
Status: in_force

44-1604. Local ordinances

This article does not supersede any city, town or county ordinance nor does this article prohibit a city, town or county from enacting an ordinance regulating dealers of precious items. If a city, town or county has an ordinance regulating dealers of precious items, the provisions of this act and the provisions of that ordinance shall both apply except that an ordinance of a city, town or county which conflicts with or provides less stringent requirements than are provided in this article shall not be enforceable.
A.R.S. § 44-1282 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1282
44-1282 National do-not-call registry; prohibitions; enforcement; civil penalty; definition
Status: in_force

44-1282.  National do-not-call registry; prohibitions; enforcement; civil penalty; definition

A. A seller or solicitor or anyone acting on behalf of a seller or solicitor shall not initiate an outbound telephone solicitation call or text message to any telephone number if the telephone number is entered in the national do-not-call registry established by the federal trade commission pursuant to the do-not-call implementation act, except that this section does not apply to any telephone solicitation that would be authorized or permitted by federal law or regulation relating to a telephone solicitation or to calls made by or on behalf of a seller or solicitor who is licensed pursuant to title 32, chapter 20 if the calls are made under any of the following circumstances:

1. In regard to a past or present employment agreement with the consumer pursuant to title 32, chapter 20, article 3 and who is calling in regard to a subject reasonably related to the employment agreement.

2. In response to a referral from a natural person with whom the consumer has a personal relationship.

3. In response to an express request or permission of a consumer whose telephone number is entered in the national do-not-call registry.

B. A violation of this section is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action pursuant to chapter 10, article 7 of this title, but a civil penalty under section 44-1531 for a violation of this section shall not exceed $1,000 per violation.  This subsection is in addition to all other causes of action, remedies and penalties available to this state. All monies collected as fines and civil penalties pursuant to this subsection shall be credited to the state general fund.

C. For the purposes of this section, "do-not-call implementation act" means the do-not-call implementation act (P.L. 108-10; 117 Stat. 557) as enacted on March 11, 2003 and federal regulations adopted to implement that act.
A.R.S. § 44-1374 — Arizona Code / Title 44 / Chapter 9 / Article 18 / Section 1374
44-1374 Confidentiality of petroleum industry information; disclosure; supply emergency; definitions
Status: in_force

44-1374. Confidentiality of petroleum industry information; disclosure; supply emergency; definitions

A. A governmental entity shall classify as confidential and not publicly disclose any documents or other information that is received from any petroleum industry related private or public source if the person or entity that provides the information agrees to provide the information only on the express condition that the information remain confidential.

B. If a governmental entity receives a request to publicly disclose information that is confidential information or for any other reason proposes to publicly disclose confidential information, the governmental entity shall provide to the person or entity that submitted the confidential information notice in writing of the request or proposal to disclose.  The notice shall identify the confidential information that would be disclosed and indicate the form in which the confidential information would be provided.  On receipt of the notice, the person or entity that submitted the confidential information has fifteen working days in which to respond to the notice and to either withdraw the request for confidentiality or justify to the governmental entity the claim of confidentiality on each specific item of confidential information covered by the notice.

C. The governmental entity shall consider the response in determining whether to publicly disclose any confidential information for which a justification has been submitted.  Unless the governmental entity determines that there is no trade secret or other legitimate justification for the confidentiality being claimed by the respondent, the governmental entity shall not disclose any confidential information for which a justification has been timely submitted.  If the governmental entity determines that there is no trade secret or other legitimate justification for all or a portion of the confidentiality claim, the governmental entity shall issue a written decision that sets forth the reasons for making that determination.  The governmental entity shall deliver a copy of the decision to the person or entity submitting the confidential information and the person requesting public disclosure of the confidential information.

D. Notwithstanding a determination that there is no legitimate justification for a claim of confidentiality, and to allow the person or entity that submitted the confidential information to seek direct judicial intervention to prevent its release, the governmental entity shall not publicly disclose confidential information submitted to the governmental entity pursuant to this section for at least fifteen working days after the date on which the governmental entity has issued and disclosed the written determination pursuant to this section.

E. If any legal or administrative action is filed with any court or other agency seeking to force disclosure of any confidential information, the governmental entity, within five working days of being served with the action, shall notify in writing the person or entity that submitted the confidential information of the action to allow the person or entity that submitted the confidential information to intervene in the action.

F. Confidential information shall not be classified or maintained as confidential if the governmental entity determines that the confidential information has already been made public by the submitting person or entity and advises, in writing, the person or entity that submitted the confidential information of this determination.  Notwithstanding a determination that the confidential information has already been made public by the submitting person or entity, the governmental entity shall not publicly disclose the confidential information for at least five working days after the governmental entity has advised the submitting person or entity to allow the person or entity that submitted the confidential information to seek direct judicial intervention to prevent its release.

G. This section protects petroleum industry related confidential information submitted to a governmental entity but does not impose any requirement that information of any type from any source be submitted to any governmental entity.

H. If there is a statewide or regional shortage or threatened shortage of a product or service that is essential to the health, safety and welfare of the people of this state due to an abnormal market disruption resulting from any natural disaster, weather condition, act of nature, strike, civil disorder, war, national or local emergency or other extraordinary adverse circumstance, the governor may proclaim that a supply emergency exists.  If a supply emergency is declared pursuant to this subsection and a majority of the persons or entities that are the subject of the supply emergency has provided information to the governmental entity, the governmental entity may only disclose the unattributable aggregated total of all sources of confidential information.

I. For the purposes of this section:

1. "Confidential information" means all of the following:

(a) The information is not and has not been reasonably obtainable by legitimate means by other persons without the consent of the person providing the information, other than by governmental entities and other than in discovery based on a showing of a special need in a judicial or quasi-judicial proceeding.

(b) A statute does not specifically require disclosure of the information to the public.

(c) The person has satisfactorily shown that disclosing the information is likely to cause substantial harm to the competitive position of the person providing the information.

2. "Governmental entity" means an agency, board, department or commission of this state, the state legislature and all agencies or committees of the state legislature but does not include the courts of this state.

3. "Publicly disclose" means to reveal the contents of information that has been classified as confidential to any third person or entity that is not bound by this section.
A.R.S. § 44-1694 — Arizona Code / Title 44 / Chapter 11 / Article 6 / Section 1694
44-1694 Correction of credit reports
Status: in_force

44-1694. Correction of credit reports

A. If any consumer disputes the accuracy of any item in the consumer's records with any consumer reporting agency, the consumer may give notice in writing to the consumer reporting agency specifying in what manner the report is inaccurate and the consumer reporting agency shall reinvestigate the inaccuracy at no charge to the consumer and record the current status of the disputed information. The consumer reporting agency shall provide forms for such notice and shall assist a consumer in preparing the notice when requested.

B. Within thirty days after receiving a notice of inaccuracy, a consumer reporting agency shall deny or admit the inaccuracy to the consumer in writing. If the consumer reporting agency denies the inaccuracy, the consumer reporting agency shall include the following information with the written results of the reinvestigation:

1. The basis for the denial.

2. A copy of the consumer's file that is based on the consumer's file as revised as a result of the reinvestigation, including the business name and address of any furnisher of information who was contacted in connection with that information and, if reasonably available, the telephone number of the furnisher.

3. A notice that states that, if requested by the consumer, the consumer reporting agency shall provide the consumer with a description of the procedure used by the consumer reporting agency to determine the accuracy and completeness of the information.

C. If the consumer reporting agency admits that the item is inaccurate, it shall immediately correct the item in its records and, on request by the consumer, it shall inform any person who within the last six months has previously received a report containing such inaccurate information.

D. A consumer may provide a statement to the consumer reporting agency and, unless there are reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall include the statement in the consumer's file if either of the following applies:

1. The statement is a written explanation regarding an item of information that the consumer reporting agency denies is inaccurate.

2. The statement is regarding the contents of the consumer's file. The consumer may provide such a statement at any time, and the consumer reporting agency shall not charge the consumer for the statement.

E. A consumer reporting agency may limit a consumer's statement as described in subsection D to not more than one hundred words if the consumer reporting agency provides the consumer with assistance in writing the statement.
A.R.S. § 44-1036 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1036
44-1036 Powers of court with respect to assignee; removal of assignee; appointment of assignee to fill vacancy
Status: in_force

44-1036. Powers of court with respect to assignee; removal of assignee; appointment of assignee to fill vacancy

A. The relationship of the court having jurisdiction of the insolvent estate and the assignee for the benefit of creditors shall be governed by the provisions which govern the relationship of a superior court and a receiver. The court shall have the same authority and jurisdiction as it has over a receiver appointed by the court.

B. If an assignee becomes unsuitable or refuses or neglects to perform the trust, or mismanages the property, the superior court may, upon application of the assignor or a creditor, upon reasonable notice by publication or otherwise to all parties interested, as the court directs, remove the assignee.

C. In case of removal of the assignee or vacancy in the office by death or otherwise the court shall appoint another in his place who shall have the same powers and be subject to the same liabilities as the original assignee.
A.R.S. § 44-132 — Arizona Code / Title 44 / Chapter 1 / Article 3 / Section 132
44-132 Capacity of minor to obtain hospital, medical and surgical care; definition
Status: in_force

44-132. Capacity of minor to obtain hospital, medical and surgical care; definition

A. Notwithstanding any other provision of law except as provided in title 36, chapter 20, article 1, and without limiting cases in which consent may otherwise be obtained or is not required, any emancipated minor, any minor who has contracted a lawful marriage or any homeless minor may give consent to the furnishing of hospital, medical and surgical care to such minor, and such consent shall not be subject to disaffirmance because of minority. The consent of the parent, or parents, of such a person is not necessary in order to authorize hospital, medical and surgical care.  For the purposes of this section only, subsequent judgment of annulment of such marriage or judgment of divorce shall not deprive such person of his adult status once attained.

B. A health care provider acting in reliance on the consent of a minor who has authority or apparent authority pursuant to this section to consent to health care is not subject to criminal and civil liability and professional disciplinary action on the ground that he or she failed to obtain consent of the minor's parent, parents or legal guardian. This subsection does not affect any other cause of action permitted under title 12, chapter 5.1.

C. For purposes of this section, a homeless minor is an individual under the age of eighteen years living apart from his parents and who lacks a fixed and regular nighttime residence or whose primary residence is either a supervised shelter designed to provide temporary accommodations, a halfway house or a place not designed for or ordinarily used for sleeping by humans.
A.R.S. § 44-1267 — Arizona Code / Title 44 / Chapter 9 / Article 5 / Section 1267
44-1267 Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies
Status: in_force

44-1267. Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies

A. Before the seller attempts to sell a used motor vehicle the seller shall possess the title to the used motor vehicle and the title shall be in the seller's name.

B. Except as provided in subsection I of this section and in addition to the requirements of section 28-4412, a used motor vehicle dealer shall not exclude, modify or disclaim the implied warranty of merchantability prescribed in section 47-2314 or limit the remedies for a breach of that warranty, except as otherwise provided in this section, before midnight of the fifteenth calendar day after delivery of a used motor vehicle or until a used motor vehicle is driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability are also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded. An attempt to exclude, modify or disclaim the implied warranty of merchantability or to limit the remedies for a breach of that warranty, except as otherwise provided in this section, in violation of this subsection renders a purchase agreement voidable at the option of the purchaser.

C. For the purposes of this section, the implied warranty of merchantability is met if the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway. The implied warranty of merchantability expires at midnight of the fifteenth calendar day after delivery of a used motor vehicle or when a used motor vehicle has been driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability are also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded.

D. The implied warranty of merchantability described in this section does not extend to damage that occurs after the sale of the motor vehicle and that is the result of any abuse, misuse, neglect, failure to perform regular maintenance or to maintain adequate oil, coolant or other required fluid or lubricant or off road use, racing or towing.

E. If the implied warranty of merchantability described in this section is breached, the purchaser shall give reasonable notice to the seller. Before the purchaser exercises any other remedies under title 47, chapter 2, the seller shall have a reasonable opportunity to repair the vehicle. The purchaser shall pay one-half of the cost of the first two repairs necessary to bring the vehicle in compliance with the warranty. The purchaser's payments are limited to a maximum payment of twenty-five dollars for each repair.

F. The maximum liability of the seller under this section is limited to the purchase price paid for the used motor vehicle.

G. An agreement for the sale of a used motor vehicle by a used motor vehicle dealer is voidable at the option of the purchaser unless it contains on its face the following conspicuous statement printed in bold-faced ten point or larger type set off from the body of the agreement:

The seller hereby warrants that this vehicle will be fit for the ordinary purposes for which the vehicle is used for 15 days or 500 miles after delivery, whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement. You (the purchaser) will have to pay up to $25.00 for each of the first two repairs if the warranty is violated.

H. The inclusion of the statement prescribed in subsection G of this section in the agreement does not create an express warranty.

I. A purchaser of a used motor vehicle may waive the implied warranty of merchantability described in this section only for a particular defect in the vehicle and only if all of the following conditions are satisfied:

1. The used motor vehicle dealer fully and accurately discloses to the purchaser that because of circumstances unusual to the used motor vehicle dealer's business, the used motor vehicle has a particular defect.

2. The purchaser agrees to buy the used motor vehicle after disclosure of the defect.

3. Before the sale, the purchaser indicates agreement to the waiver by signing and dating the following conspicuous statement that is printed on the first page of the sales agreement in bold-faced ten point or larger type and that is written in the language in which the presentation was made:

Attention purchaser: sign here only if the dealer told you that this vehicle has the following problem(s) and that you agree to buy the vehicle on those terms:

1._______________________________

2._______________________________

3._______________________________

J. The dealer has the burden to prove by a preponderance of the evidence that the dealer complied with subsection I of this section.

K. Any purchaser or seller who is aggrieved by a transaction pursuant to this section and who seeks a legal remedy shall pursue any appropriate remedy prescribed in title 47, chapter 2 and shall comply with the requirements prescribed in title 47, chapter 2.
A.R.S. § 44-3132 — Arizona Code / Title 44 / Chapter 13 / Article 3 / Section 3132
44-3132 Investigations
Status: in_force

44-3132. Investigations

The commission, the director or any other agent or agents designated by the commission may:

1. Make private or public investigations within or outside this state that the commission deems necessary to determine whether any person has violated or is about to violate this chapter or any rule or order adopted or issued under this chapter, to aid in the enforcement of this chapter or to aid in adopting rules and forms under this chapter.

2. At any time either before or after the licensure of any investment adviser or investment adviser representative, investigate and examine the affairs of any person engaged in the provision of investment advisory services or the affairs of any person if the commission believes that the person is or may be engaged in the provision of investment advisory services.
A.R.S. § 44-1371 — Arizona Code / Title 44 / Chapter 9 / Article 15 / Section 1371
44-1371 Motor vehicle transactions; conditional financing; traded motor vehicle; advertised price; definition
Status: in_force

44-1371. Motor vehicle transactions; conditional financing; traded motor vehicle; advertised price; definition

A. If a sale or lease of a motor vehicle from a motor vehicle dealer or a lessor to a customer is conditioned on final approval of financing by a lender or lessor, the motor vehicle dealer or lessor shall retain title and possession of any motor vehicle traded by a customer as part of the transaction until financing is finally approved or the traded motor vehicle is returned to the customer.  Any remedy for a violation of this section may not be waived, modified or limited by agreement or contract.

B. If a motor vehicle dealer charges a document fee for a motor vehicle transaction, the motor vehicle dealer must clearly and conspicuously disclose in its advertisement for a motor vehicle that a document fee will be charged for a motor vehicle transaction.

C. For the purposes of this section, "motor vehicle dealer" has the same meaning prescribed in section 28-4301.
A.R.S. § 44-1243 — Arizona Code / Title 44 / Chapter 9 / Article 3 / Section 1243
44-1243 Mixtures
Status: in_force

44-1243. Mixtures

A. It is unlawful for any person or corporation to mix or adulterate any gasoline or different grades of gasoline or other motor fuel, distillate, kerosene, or lubricating or motor oil, or fraudulently to sell or offer for sale or attempt to sell or assist in the sale of, any of the products resulting from such mixture or adulteration as the gasoline or specific grade of gasoline or other motor fuel, distillate, kerosene, or lubricating or motor oil, of a brand, trademark or trade name, maintained and in general use by the manufacturer, refiner, producer, or marketer of either or both of the products so mixed or adulterated or by any other manufacturer, refiner, producer or marketer.

B. The provisions of subsection A shall also apply to deliveries by a tank vehicle.
A.R.S. § 44-1603 — Arizona Code / Title 44 / Chapter 11 / Article 1 / Section 1603
44-1603 Applicability
Status: in_force

44-1603. Applicability

This article does not apply to:

1. Gem and mineral shows which have been regularly scheduled within this state for at least three consecutive years.

2. Transactions in precious items that constitute a partial trade for new or used merchandise of like kind.

3. Any person who purchases precious items from merchants, manufacturers or wholesale dealers.
A.R.S. § 44-1261 — Arizona Code / Title 44 / Chapter 9 / Article 5 / Section 1261
44-1261 Definitions; exemptions
Status: in_force

44-1261. Definitions; exemptions

A. In this article, unless the context otherwise requires:

1. "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle or any other person entitled by the terms of the warranty to enforce the obligations of the warranty.

2. "Motor vehicle" means a self-propelled vehicle designated primarily for the transportation of persons or property over the public highways.

3. "Used motor vehicle" means a motor vehicle that has been sold, bargained, exchanged or given away or the title to which has been transferred from the person who first acquired the vehicle from the manufacturer, importer or dealer or agent of the manufacturer or importer and that has been placed in bona fide consumer use.

4. "Used motor vehicle dealer" means a person or business that sells or offers for sale a used motor vehicle after selling or offering for sale four or more used motor vehicles in the previous twelve months but does not include a bank or financial institution, an insurance company, a business selling a used motor vehicle to an employee of that business, a lessor selling a leased vehicle by or to the lessee of that vehicle or to an employee of the lessee of that vehicle or a person who buys, sells, exchanges or offers or attempts to negotiate a sale of or exchange an interest in a classic car as defined in section 28-2483 or a historic vehicle as defined in section 28-2484.

B. If the motor vehicle is a motor home, the provisions of this article shall apply to the self-propelled vehicle and chassis but not to those portions of the vehicle designed, used or maintained primarily as a mobile dwelling, office or commercial space.

C. The provisions of this article do not apply to a sale of a motor vehicle to a purchaser for the purpose of resale for profit or to a motor vehicle with a declared gross weight over ten thousand pounds or that is sold at a public auction.
A.R.S. § 44-1039 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1039
44-1039 Statement of claim by creditor as justification for payment by assignee; action to dispute claim; duty of assignee to permit creditor to inspect claims filed by other creditors
Status: in_force

44-1039. Statement of claim by creditor as justification for payment by assignee; action to dispute claim; duty of assignee to permit creditor to inspect claims filed by other creditors

A. The statement of a creditor, verified and filed with the assignee as provided in section 44-1038, shall justify the assignee in allowing the claim as a valid claim against the estate, and it shall be so allowed.

B. A creditor entitled to his proportional share of the debtor's property, unless the assignor or other creditor disputing the claim shall, within sixty days after expiration of the time within which creditors are required to file their statements, commence an action in the superior court of the proper county to set aside the allowance and to restrain payment thereon. If it appears in such action that the claim or the disputed part thereof is not lawfully due, the claim shall be disallowed in whole or in part, and the assignee shall be restrained from paying the claim or any portion disallowed.

C. The assignee shall permit any creditor to take a copy of any other creditor's statement of claim filed with the assignee.
A.R.S. § 44-141 — Arizona Code / Title 44 / Chapter 1 / Article 4 / Section 141
44-141 Joint and several liability of parties to joint obligations
Status: in_force

44-141. Joint and several liability of parties to joint obligations

A. All parties to a joint obligation, including negotiable paper and partnership debts, shall be severally liable also for the full amount of such obligations. An action may be brought against such parties jointly or separately, joining one or more, and judgment may be given in each such action without barring an action against any party to the obligation not included in the judgment, and without releasing any party against whom the action was not brought.

B. The court may, upon its own motion or upon the application of any interested party, require that the plaintiff bring in as defendants all parties jointly liable on the obligation upon which the action is brought, in which event any subsequent judgment shall be for the amount unsatisfied.
A.R.S. § 44-1697 — Arizona Code / Title 44 / Chapter 11 / Article 6 / Section 1697
44-1697 Fair credit reporting
Status: in_force

44-1697. Fair credit reporting

A. If a consumer makes a payment on a credit or loan account to the proper address to which the payment should be directed, a person shall calculate the number of days by which an account is delinquent by determining the number of days between the scheduled due date of the payment and the date the payment was received by that person.

B. If a person uses a reporting standard that requires a calculation of the number of days an account is delinquent, the person may report the delinquency based only on the number of days of the delinquency plus not more than four days.
A.R.S. § 44-1798.03 — Arizona Code / Title 44 / Chapter 11 / Article 15 / Section 1798.03
44-1798.03 Revocable offers of commission
Status: in_force

44-1798.03. Revocable offers of commission

If a principal makes a revocable offer of a commission to a sales representative, the sales representative is entitled to the commission agreed on if all of the following apply:

1. The principal revokes the offer of commission and the sales representative establishes that the revocation was for a purpose of avoiding payment of the commission.

2. The revocation occurs after the principal has obtained an order for the principal's product or service through the efforts of the sales representative.

3. The principal's product or service that is the subject of the order is provided to and paid for by a customer.
A.R.S. § 44-2041 — Arizona Code / Title 44 / Chapter 12 / Article 16 / Section 2041
44-2041 Continuance of prior law for certain purposes
Status: repealed

44-2041. Continuance of prior law for certain purposes

A. All laws which were repealed by Laws 1951, chapter 18, section 25, shall remain in force for the prosecution and punishment of any person who, prior to June 17, 1951, committed an offense contrary to the provisions of any law in force at the time the offense was committed, and such person may be prosecuted and punished under the law as it existed when the violation occurred.

B. Sales, contracts or agreements made prior to June 17, 1951, and all rights and liabilities of the parties thereto, shall continue as provided by the law as it existed at the time such sales, contracts or agreements were made. All laws or parts thereof repealed by Laws 1951, chapter 18, section 25, shall remain in force for the enforcement of such rights and liabilities.
A.R.S. § 44-1871 — Arizona Code / Title 44 / Chapter 12 / Article 6 / Section 1871
44-1871 Securities that may be registered by description
Status: in_force

44-1871. Securities that may be registered by description

A. Securities, except real property investment contracts, may be registered by description in the manner provided in sections 44-1872 through 44-1875 if either of the following applies:

1. If such securities are commodity investment contracts or commodity option contracts and the financial condition of the party filing the registration statement meets the requirements specified by any rule of the commission.

2. If securities are of an issuer that both:

(a) Has been in continuous operation for not less than three years.

(b) Has shown, for a period of not less than three years during the five years prior to the date of registration, average annual net income adjusted by adding back interest expenses net of applicable income tax benefits arising therefrom of securities to be retired out of the proceeds of sale, as follows:

(i) In the case of interest-bearing securities, not less than one and one-half times the annual interest charges on the securities and on all other outstanding interest-bearing securities of equal rank.

(ii) In the case of securities having a specified dividend rate, not less than one and one-half times the annual dividend requirements on the securities and on all outstanding securities of equal rank.

(iii) In the case of securities wherein no dividend rate is specified, not less than five per cent calculated by dividing the adjusted average annual net income by the product of the number of all outstanding securities of equal rank at the completion of the offering and the maximum price at which any of the securities are to be offered for sale.

B. An issuer who owns more than fifty per cent of the outstanding voting stock of a corporation is permitted to include the earnings of the corporation applicable to the payment of dividends on the stock so owned in the earnings of the issuer of the securities being registered by description.
A.R.S. § 44-1657 — Arizona Code / Title 44 / Chapter 11 / Article 4 / Section 1657
44-1657 Facts constituting prima facie proof of future contract
Status: in_force

44-1657. Facts constituting prima facie proof of future contract

If in a prosecution it is a material issue whether or not the rules, regulations, by-laws or customs of an exchange or board of trade on, by or through which a contract or offer for future delivery was made, permitted such contract or transaction to be settled or closed by delivery or tender of any grade of the subject matter specified in the contract or transaction, other than the grade upon which the price was based in the transaction, or at any price other than the actual price for spot delivery of such other grade or grades, at the time and place of the delivery or tender, proof that the delivery or tender was made or offered or pretended to be made by, through or upon any exchange or board of trade constitutes a prima facie case for the state.
A.R.S. § 44-1799.04 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799.04
44-1799.04 Animal care requirements; violation; classification
Status: in_force

44-1799.04. Animal care requirements; violation; classification

A. A pet dealer shall do the following:

1. Maintain facilities in which cats or dogs are housed in a sanitary condition.

2. Provide cats or dogs with potable water and adequate nutrition.

3. Provide adequate space that is appropriate to the age, size, weight, species and breed of cat or dog. For the purposes of this paragraph, "adequate space" means sufficient space for the cat or dog to experience normal body movements without having to make contact with the sides or top of the enclosure, including the ability to stand up, sit down, turn about freely and relax in a natural position.

4. If cats or dogs are housed on wire flooring, provide a resting board, a floormat or another similar device that is maintained in a sanitary condition and that allows the cat or dog to rest off of the wire flooring.

5. If a cat or dog is afflicted with a contagious disease, handle the cat or dog in a manner that is required by section 44-1799.01, subsection B.

6. Promptly provide appropriate veterinary care when it is necessary.

B. A pet dealer shall not offer for sale a cat or dog that is less than eight weeks old.

C. A pet dealer who violates subsection A of this section is guilty of a class 1 misdemeanor.
A.R.S. § 44-1216 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1216
44-1216 Fraud on seller of ore; classification
Status: in_force

44-1216. Fraud on seller of ore; classification

A person or the agent of any person engaged in milling, smelting, sampling, concentrating, reducing, shipping or purchasing ores in this state, who in any manner knowingly alters or changes the true value of ores delivered to him to deprive the seller of the correct value thereof, or who substitutes other ores for those delivered, or who issues a bill of sale or certificate of purchase which does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot of ore purchased, or who by secret understanding, or agreement with another, issues a bill of sale or certificate of purchase which does not correctly and truthfully set forth the weight, assay value and total amount paid for the ore purchased by him, is guilty of a class 6 felony.
A.R.S. § 44-7154 — Arizona Code / Title 44 / Chapter 28 / Article 1 / Section 7154
44-7154 Prohibited contract provisions; prohibited acts
Status: in_force

44-7154. Prohibited contract provisions; prohibited acts

A. A contract for dating referral services shall not:

1. Require payments or financing over a period of more than three years after the effective date of the contract and shall not extend for the life of the customer.

2. Extend the initial term of services to be rendered under the contract to more than one year after the effective date of the contract. At the end of the contract period, the dating services enterprise may give the customer the option to renew the contract for one year.

3. Require the customer to give up any right the customer may have against the enterprise.  An assignment of the contract by the enterprise does not affect any right of action or defense arising out of the contract that the customer has against the enterprise.

B. A dating services enterprise shall not sell, induce or allow any customer to become directly or indirectly obligated under more than one contract for services for the purposes of avoiding the requirements and penalties prescribed in this article.

C. Any waiver by a customer of any requirement prescribed in this article is void and unenforceable.

D. A dating services enterprise shall not:

1. Use coercive sales tactics.

2. Misrepresent the quality, benefits or nature of services.

3. Misrepresent the qualifications or number of other customers participating in the services provided by the enterprise.

4. Misrepresent the success the enterprise has had in making matches or referrals that are favorable to the enterprise's customers.

E. Any contract entered into in reliance on any false, fraudulent or misleading information, representation, notice or advertisement made by the enterprise or any of the enterprise's employees or agents is void and unenforceable.
A.R.S. § 44-304 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 304
44-304 Rules for taking custody
Status: in_force

44-304. Rules for taking custody

Except as otherwise provided in this chapter or by another statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if any of the following applies:

1. The last known address, as shown on the records of the holder, of the apparent owner is in this state.

2. The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state.

3. The records of the holder do not reflect the last known address of the apparent owner and it is established that either:

(a) The last known address of the person entitled to the property is in this state.

(b) The holder is domiciled in this state or is a government or governmental subdivision, agency or instrumentality of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property.

4. The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision, agency or instrumentality of this state.

5. The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is domiciled in this state or is a government or governmental subdivision, agency or instrumentality of this state.

6. The transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property and the last known address of the apparent owner or other person who is entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property.

7. The property is a traveler's check or money order that was purchased in this state or the issuer of the traveler's check or money order has its principal place of business in this state and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property or the records do not show the state in which the instrument was purchased.
A.R.S. § 44-1305 — Arizona Code / Title 44 / Chapter 9 / Article 8 / Section 1305
44-1305 Waste tire fund and program
Status: in_force

44-1305. Waste tire fund and program

(Rpld. 1/1/29)

A. A waste tire fund is established to be administered by the department of revenue consisting of monies collected from the fees applied to tires pursuant to this article. Monies in the fund are exempt from lapsing under section 35-190.

B. At the end of each calendar quarter the department of revenue shall certify to the department of administration and to the department of environmental quality the amounts to be paid from the fund as follows:

1. An amount not to exceed three and one-half per cent of the monies in the fund shall be transferred to the department of environmental quality for deposit in the solid waste fee fund established by section 49-881 for monitoring and enforcing this article.

2. An amount not to exceed five per cent or two hundred fifty thousand dollars, whichever is less, may be used by the director of the department of environmental quality for tire fire cleanup expenses if no other funds are available.

3. The remainder of the monies shall be distributed among the counties in this state in proportion to the number of motor vehicles registered in the county as of the preceding July 1. Such monies shall be used by the counties for the purposes prescribed by subsection C of this section.

C. Each county shall establish a waste tire program and shall submit by September 1 of each year a waste tire management plan to the department of environmental quality for review and approval. A waste tire program may include contracts with private enterprise to do any of the following, either individually or collectively:

1. Develop a plan to manage waste tires in the county.

2. Construct or operate or contract for the construction or operation of a waste tire processing facility and purchase equipment for that facility.

3. Contract for a waste tire processing facility service.

4. Remove or contract for the removal of waste tires from the county or other region.

5. Establish waste tire collection centers at solid waste disposal facilities or waste tire processing facilities.

6. Develop an accounting system for the waste tires managed with monies from the waste tire fund.

D. A county with a population of less than four hundred thousand persons as determined by the most recent United States decennial census may join with any other county and pool their financial resources to establish a program pursuant to this section to address the waste tire problem.

E. The department of revenue shall provide an annual report to the legislature and to the department of environmental quality on the collection and distribution of monies in the waste tire fund.
A.R.S. § 44-1005 — Arizona Code / Title 44 / Chapter 8 / Article 1 / Section 1005
44-1005 Transfers fraudulent as to present creditors
Status: in_force

44-1005. Transfers fraudulent as to present creditors

A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
A.R.S. § 44-1276.02 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1276.02
44-1276.02 Business opportunity contracts in writing; required information
Status: in_force

44-1276.02. Business opportunity contracts in writing; required information

A. A business opportunity contract or agreement shall be in writing and shall be given to the consumer with the disclosure document required under section 44-1276.01.

B. A business opportunity contract or agreement shall include the following:

1. The terms and conditions of payment.

2. A full and detailed description of the acts or services that the seller undertakes to perform for the consumer.

3. The seller's principal business address and the name and address of its agent in this state that is authorized to receive service of process.

4. The approximate delivery date of any goods that the seller is to deliver to the consumer and an approximate timetable for performance of services necessary to begin substantial operation of the business.
A.R.S. § 44-1679 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1679
44-1679 Articles stocked within sixty days prior to application
Status: in_force

44-1679. Articles stocked within sixty days prior to application

No article shall be listed in the inventory and any supplement thereto or sold at the auction which was purchased or stocked by the applicant within sixty days immediately preceding the date of application.
A.R.S. § 44-1797.19 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.19
44-1797.19 Waiver
Status: in_force

44-1797.19. Waiver

A waiver by the buyer of the provisions of this article is deemed contrary to public policy and is void and unenforceable.
A.R.S. § 44-1672 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1672
44-1672 License required; exemptions
Status: in_force

44-1672. License required; exemptions

It is unlawful to sell, offer for sale, or attempt to sell at auction any jewelry without a license as provided in this article, except as exempted by section 44-1685.
A.R.S. § 44-1799.32 — Arizona Code / Title 44 / Chapter 11 / Article 19 / Section 1799.32
44-1799.32 Prohibition of certain shopping cart activity; applicability; consent; presumption
Status: in_force

44-1799.32. Prohibition of certain shopping cart activity; applicability; consent; presumption

A. A person shall not do any of the following with the intent to temporarily or permanently deprive the owner or retailer of possession of a shopping cart, if the shopping cart has a permanently affixed sign as provided in subsection B:

1. Remove a shopping cart from the premises or parking area of a retail establishment.

2. Be in possession of any shopping cart that has been removed from the premises or parking area of a retail establishment.

3. Be in possession of any shopping cart with the serial numbers removed, obliterated or altered.

4. Leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment.

5. Alter, convert or tamper with a shopping cart, remove any part or portion of a shopping cart or remove, obliterate or alter serial numbers on a shopping cart.

6. Be in possession of any shopping cart while that cart is not located on the premises or parking lot of a retail establishment.

B. Subsection A applies if a shopping cart has a sign permanently affixed to it that identifies the owner of the cart or retailer, or both, notifies the public of the procedure to be used for authorized removal of the cart from the premises, notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment or the unauthorized possession of the cart is a violation of law and lists a valid telephone number and address for returning the cart removed from the premises or parking area to the owner or retailer.

C. This section does not apply to the owner of a shopping cart or to a retailer or a retailer's agents or employees or to a customer of a retail establishment who has written consent from the owner of a shopping cart or a retailer to be in possession of the shopping cart or to remove the shopping cart from the premises or the parking area of the retail establishment or to do any of the acts specified in subsection A.

D. In any civil proceeding, any shopping cart that has a sign affixed to it pursuant to this section establishes a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign.  In any criminal proceeding, it may be inferred that any shopping cart that has a sign affixed to it pursuant to this section is the property of the person or business named on the sign and has not been abandoned by the person or business named on the sign.
A.R.S. § 44-7801 — Arizona Code / Title 44 / Chapter 35 / Article 1 / Section 7801
44-7801 Definitions
Status: in_force

44-7801. Definitions

In this article, unless the context otherwise requires:

1. "Authorized user" means any person other than a cardholder who has actual, implied or apparent authority to use a cardholder's credit card or credit card account.

2. "Cardholder" means the named person who applies for or accepts the credit card account.

3. "Charges" means purchases, cash advances, annual membership fees, delinquent payment fees, insufficient fund fees, over limit fees or other amounts incurred through use of the credit card.

4. "Credit card" means any card, plate or other single credit device that may be used from time to time to obtain credit and shall include a charge card, courtesy card, identification card or account number that may be used to access a line of credit to purchase goods or services.

5. "Credit card account" means a line of credit offered by an issuer to a cardholder that is accessible by the use of a credit card.

6. "Credit card agreement" means the terms and conditions governing the use of the credit card account.

7. "Creditor" means the person, business, financial institution or commercial enterprise that owns the credit card account.

8. "Financial institution" means any of the following:

(a) A banking institution that is authorized to issue credit cards pursuant to federal or state law.

(b) A banking subsidiary owned by a bank holding company as defined in 12 United States Code section 1841, or by a savings and loan holding company as defined in 12 United States Code section 1467a(a)(1)(d).

(c) Any other federally regulated banking institution.

9. "Issuer" means a financial institution or an authorized agent of a financial institution that issues a credit card.
A.R.S. § 44-3131 — Arizona Code / Title 44 / Chapter 13 / Article 3 / Section 3131
44-3131 General rule making power of commission; delegation of authority; limitation
Status: in_force

44-3131. General rule making power of commission; delegation of authority; limitation

A. The commission may adopt rules pursuant to title 41, chapter 6 that are reasonably necessary to carry out the purposes of this chapter.

B. The commission may delegate such authority to the director of securities as is convenient or necessary for the efficient administration of this chapter, except that the commission may not delegate authority to adopt rules or to enter any final order of denial or revocation of licenses of investment advisers or investment adviser representatives.
A.R.S. § 44-1202 — Arizona Code / Title 44 / Chapter 9 / Article 1 / Section 1202
44-1202 Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract
Status: in_force

44-1202. Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract

A person shall not directly or indirectly take or receive in money, goods or things in action, or in any other way, any greater sum or any greater value for the loan or forbearance of any money, goods or things in action, than the maximum permitted by law. Any person, contracting for, reserving or receiving, directly or indirectly, any greater sum of value shall, forfeit all interest.
A.R.S. § 44-1812 — Arizona Code / Title 44 / Chapter 12 / Article 2 / Section 1812
44-1812 Assistant director of securities
Status: in_force

44-1812. Assistant director of securities

The commission shall appoint an experienced assistant to the director of securities whose compensation shall be as determined pursuant to section 38-611 to assist in the proper discharge of the duties imposed upon the securities division.
A.R.S. § 44-1526 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1526
44-1526 Subpoena; hearing; rules and regulations
Status: in_force

44-1526. Subpoena; hearing; rules and regulations

A. To accomplish the objectives and to carry out the duties prescribed in this article, the attorney general, in addition to other powers conferred upon him by this article, may:

1. Issue subpoenas to any person.

2. Administer an oath or affirmation to any person.

3. Conduct hearings in aid of any investigation or inquiry.

4. Prescribe such forms and promulgate such procedural rules and regulations as may be necessary to enforce the provisions of this article, which rules and regulations shall have the force of law. Such rules and regulations shall not be inconsistent with the provisions of this article.

B. The attorney general shall serve a demand or subpoena in accordance with one of the following:

1. Service within or without this state in the manner provided under applicable law or rules of procedure for the service of a summons and complaint in a civil action.

2. On a natural person by delivering the demand or subpoena or by mailing the demand or subpoena by registered mail to the person at his last known place of business, residence, or both, within or without this state.

3. On any person other than a natural person by delivering the demand or subpoena or by mailing the demand or subpoena by registered mail to the person authorized or permitted by law to receive service of a complaint and a summons in a civil action.

4. Service as the superior court may direct.
A.R.S. § 44-1321 — Arizona Code / Title 44 / Chapter 9 / Article 9 / Section 1321
44-1321 Definitions
Status: in_force

44-1321. Definitions

In this article, unless the context otherwise requires:

1. "Automotive recycler" has the same meaning prescribed in section  28-101.

2. "Industrial account" means a person or business entity that files or is required to file monthly returns for that person's or entity's transaction privilege tax license or a governmental entity that sells lead acid batteries to an automotive recycler.

3. "Lead acid battery" means a battery with a core of elemental lead and a capacity of six or more volts that is suitable for use in a vehicle or a boat.

4. "Peace officer" includes a law enforcement officer who is employed by the department of transportation.

5. "Used automotive components dealer":

(a) Means any business that purchases used components of a motor vehicle with the intent to resell.

(b) Does not include:

(i) An automotive recycler who is licensed pursuant to title 28, chapter 10.

(ii) A lead acid battery seller who is required to accept lead acid batteries pursuant to section 44-1323, subsection A.
A.R.S. § 44-2051 — Arizona Code / Title 44 / Chapter 12 / Article 17 / Section 2051
44-2051 Advancement of economic development and capital formation
Status: in_force

44-2051. Advancement of economic development and capital formation

In order to foster the economic development of this state, the commission, when acting pursuant to this chapter, shall consider measures, consistent with investor protection, to increase the availability of and access to capital by companies in this state, to lower the cost of such capital and to foster the development in this state of a diverse financial services industry providing a full range of financial services, including efficient capital markets.
A.R.S. § 44-2085 — Arizona Code / Title 44 / Chapter 12 / Article 18 / Section 2085
44-2085 Limitation on damages; definition
Status: in_force

44-2085. Limitation on damages; definition

A. Except as provided in subsection B of this section, in any private action arising under section 44-1991 or 44-1992 in which the plaintiff seeks to establish damages by reference to the market price of a security, the award of damages to the plaintiff shall not exceed the difference between the purchase or sale price paid or received, as appropriate, by the plaintiff for the security and the mean trading price of that security during the ninety days beginning on the date on which the information correcting the misstatement or omission that is the basis for the action is disseminated to the market.

B. In any private action arising under section 44-1991 or 44-1992 in which the plaintiff seeks to establish damages by reference to the market price of a security, if the plaintiff sells or repurchases the security before the expiration of the ninety day period prescribed in subsection A of this section, the plaintiff's damages shall not exceed the difference between the purchase or sale price paid or received by the plaintiff for the security and the mean trading price of the security during the period beginning immediately after dissemination of information correcting the misstatement or omission and ending on the date on which the plaintiff sells or repurchases the security.

C. This section shall not apply to damages caused by a violation of section 44-1841 or 44-1842.

D. For purposes of this section, "mean trading price of the security" means an average of the daily trading price of that security, determined as of the close of the market each day during the relevant period.
A.R.S. § 44-6809 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6809
44-6809 Renegotiations
Status: in_force

44-6809. Renegotiations

A. A renegotiation occurs if any term of a rental-purchase agreement that is required to be disclosed by section 44-6804 is changed by agreement by the lessor and consumer. A renegotiation is considered to be a new rental-purchase agreement requiring the lessor to give all of the disclosures required by section 44-6804.

B. A renegotiation shall not include any of the following:

1. Reinstatement of a rental-purchase agreement in accordance with section 44-6807, subsection A.

2. A lessor's waiver or failure to assert any claim against the consumer.

3. A deferral, extension or waiver of a portion of a periodic payment or of one or more periodic payments.

4. A change, made at the consumer's request, of the day of the week or month on which periodic payments are to be made.
A.R.S. § 44-7013 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7013
44-7013 Admissibility in evidence
Status: in_force

44-7013. Admissibility in evidence

In any proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
A.R.S. § 44-1643 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1643
44-1643 Violation; classification
Status: in_force

44-1643. Violation; classification

A scrap metal dealer who fails in any respect to keep a book or similar record prescribed by section 44-1642 or to set out in a book or similar record any matter this article requires or who refuses, upon demand of any peace officer of this state, to exhibit a book or similar record, business record, receipt or transaction record, or who knowingly destroys a book or similar record within two years after making the final entry of any transaction or who otherwise fails to comply with this article, is guilty of a class 1 misdemeanor.
A.R.S. § 44-1611 — Arizona Code / Title 44 / Chapter 11 / Article 2 / Section 1611
44-1611 Definitions
Status: in_force

44-1611. Definitions

In this article, unless the context otherwise requires:

1. "Advertisement" has the same meaning prescribed in section 44-1521.

2. "Carrier's lien" means a lien that is established under section 47-7307.

3. "Consumer" means an individual who uses or intends to use household goods moving services provided by a household goods mover.

4. "Household goods" means goods that are used primarily for personal, family or household purposes and that are used in connection with household goods moving services.

5. "Household goods mover" means a person that provides household goods moving services.

6. "Household goods moving services":

(a) Means the loading, packing, moving, transporting, storing while in transit, delivering, unloading or otherwise taking possession or control of household goods from a consumer for the purpose of intrastate household goods moves to another location at the direction of the consumer for a fee.

(b) Does not include moving household goods for disposal or destruction or moving household goods from a factory or store, unless a consumer has purchased the property to be moved from a factory or store with the intent to use that property for personal, family or household purposes.

7. "Moving destination" means the location that the consumer specifies is where the household goods shall be delivered and unloaded.

8. "Person" has the same meaning prescribed in section 44-1521.
A.R.S. § 44-3323 — Arizona Code / Title 44 / Chapter 13 / Article 12 / Section 3323
44-3323 Sales reports
Status: in_force

44-3323. Sales reports

A. The sales report filed with the commission shall specify the total amount of sales made to persons in this state during the time periods specified in this section together with such other information the commission designates by rule or otherwise.

B. An issuer that elected to pay the maximum fee provided in section 44-3324 is not required to file a sales report with the commission when renewing or terminating the notice filing.

C. When renewing its notice filing, an open-end company that elected to pay the minimum fee prescribed in section 44-3324 for the expiring notice period shall file a sales report within two months after its fiscal year ends to report the sales made to persons in this state during the prior fiscal year.

D. An open-end company that elected to pay the minimum fee prescribed in section 44-3324 for the expiring notice period and that does not renew the notice filing shall file a final sales report within two months of the expiration of the notice period to report the sales made to persons in this state during the prior fiscal year and during the two month period from the end of the prior fiscal year to the expiration of the notice period.

E. When renewing its notice filing, a unit investment trust that elected to pay the minimum fee prescribed in section 44-3324 for the expiring notice period shall file a sales report within two months after the end of the expiring notice period to report the sales made to persons in this state during the prior notice period.

F.  A unit investment trust that elected to pay the minimum fee prescribed in section 44-3324 and that does not renew the notice filing shall file a final sales report within two months after the expiration of the notice period to report the sales made to persons in this state during the notice period.
A.R.S. § 44-133.01 — Arizona Code / Title 44 / Chapter 1 / Article 3 / Section 133.01
44-133.01 Capacity of minor to consent to treatment for use of a dangerous drug or narcotic
Status: in_force

44-133.01. Capacity of minor to consent to treatment for use of a dangerous drug or narcotic

Notwithstanding any other law, any minor who is at least twelve years of age who is found, upon diagnosis of a licensed physician or a registered nurse practitioner, to be under the influence of a dangerous drug or narcotic, which includes withdrawal symptoms, may be considered an emergency case and the minor is considered as having consented to hospital or medical care needed for treatment for that condition. Such consent is not subject to disaffirmance because of minority. The consent of the parent, parents or legal guardian of that minor is not necessary to authorize hospital or medical care, except that the consent is equally valid if obtained.
A.R.S. § 44-1872 — Arizona Code / Title 44 / Chapter 12 / Article 6 / Section 1872
44-1872 Procedure for registration by description; registration statement; consent to service of process
Status: in_force

44-1872. Procedure for registration by description; registration statement; consent to service of process

Securities qualified under section 44-1871 for registration by description shall be registered by payment of the registration fee prescribed in section 44-1861, subsection C, and filing of the following with the commission by the issuer or a registered dealer:

1. A registration statement signed and verified under oath by the issuer or dealer filing the statement and including the following together with other information prescribed by the commission:

(a) Name and business address of the person filing the statement.

(b) Name and business address of issuer, and address of issuer's principal office in this state, if any.

(c) Title of securities being registered, total amount of securities to be offered, offering price per unit and in the aggregate, amount of underwriting discounts or commissions or other selling expense per unit and in the aggregate and the net amount to be received by the issuer per unit and in the aggregate.

(d) Amount of securities to be offered in this state, offering price per unit and in the aggregate and the amount of the registration fee computed in accordance with section 44-1861, subsection C.

(e) If the securities are registered under the securities act of 1933, a copy of the definitive prospectus filed with the SEC.

(f) A statement of the facts showing that the securities are entitled to be registered by description, including an audit report of an independent certified public accountant for the last three fiscal years together with a balance sheet and related statements of income or operations, stockholders' equity or retained earnings and cash flows that reflect the issuer's financial position, the results of operations and cash flows, which if the securities being registered are commodity investment contracts or commodity option contracts may be those of either the issuer or of the dealer filing the statement, meeting the standards of section 44-1871. The financial statements required by this subdivision must be prepared in conformity with generally accepted accounting principles and examined in accordance with generally accepted auditing standards.

(g) The commission, or the director of securities if proper authority has been delegated to the director, may require that an offering circular describing the securities and containing other information prescribed by the commission or the director be filed with the statement and be delivered to each offeree of such securities by the person filing the statement.

2. If the person who is registering the securities is not a registered dealer or is not a corporation organized under the laws of this state, a consent to service of process conforming to the requirements of section 44-1862.
A.R.S. § 44-1721 — Arizona Code / Title 44 / Chapter 11 / Article 8 / Section 1721
44-1721 Definitions
Status: in_force

44-1721. Definitions

In this article, unless the context otherwise requires:

1. "Bakery rack" means a metal frame that holds bakery trays or other bakery products and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products.

2. "Bakery tray" means a wire or plastic receptacle that holds bread, buns or other baked goods and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products.

3. "Container" means a bakery rack, bakery tray, dairy case, egg basket or merchandise pallet.

4. "Dairy case" means a plastic receptacle that holds sixteen quarts or more of beverage and that is used by a dairy, distributor or retailer or its agent as a means to transport, store or carry dairy products.

5. "Egg basket" means a wire or plastic receptacle that holds four dozen or more shell eggs and that is used by a processor, distributor or retailer or its agent as a means to transport, store or carry eggs.

6. "Merchandise pallet" means a wooden or plastic carrier or holder used by a manufacturer or distributor to transport merchandise to wholesale and retail outlets.

7. "Name or mark" means a permanently affixed or permanently stamped name or mark that satisfies the requirements of section 44-1722 and that is used for the purpose of identifying the owner of the containers.

8. "Parking area" means a lot or other property provided by a recipient for the use of its customers to park vehicles while at the recipient's establishment.

9. "Recipient" means a person, firm, corporation or association that is authorized by the owner to use an owner's container.
A.R.S. § 44-1797 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797
44-1797 Definitions
Status: in_force

44-1797. Definitions

A. In this article, unless the context otherwise requires:

1. "Contract for discount buying services" means a written contract between one party who is purchasing the service for personal or family use and a discount buying organization by which the buyer for a consideration receives the right to obtain goods or services from the discount buying organization or to utilize the discount buying organization services in obtaining goods and services at discount prices.

2. "Control or any beneficial interest" means possession of a financial interest in a discount buying organization sufficient to permit direct influence over the business affairs of the organization or possession of a financial interest in the discount buying organization's equity or debt liability.

3. "Discount buying organization" or "organization" means a person, corporation, unincorporated association or other organization that, for a consideration, provides or purports to provide its clients or the clients or members of any other discount buying organization with the ability to purchase goods or services at discount prices, except that such organization does not include:

(a) A discount buying organization in which the total consideration paid by each client or member in any manner whatsoever for the purchase of discount buying services from such organization does not exceed a one-time fee of fifty dollars or an annual fee of fifty dollars to be paid on a yearly basis.

(b) A discount buying organization in which a person receives incidental discount buying services as part of a package of services provided to or available to such person on account of his membership in such organization, which is not organized for the profit of any person or corporation and which does not have as one of its primary purposes or businesses the provision of discount buying services.

4. "Discount prices" means prices which are represented to be lower on most or all offered goods or services than those generally charged for such items in the locality in which the representation is made.

5. "Pro rata refund" means the actual amount paid for the discount buying services excluding interest, less the product of the actual amount paid for the discount buying services excluding interest multiplied by a fraction, the numerator of which is the number of months the person was a member of the discount buying organization and the denominator of which is thirty.

B. This section does not attempt to define the degree of savings which must be offered on an item or selection of items in order to truthfully and without misleading consumers represent an item, selection of items or entire store as being "discount" or "discounted".
A.R.S. § 44-1378.06 — Arizona Code / Title 44 / Chapter 9 / Article 22 / Section 1378.06
44-1378.06 Fraud or deceit against homeowner; classification
Status: in_force

44-1378.06. Fraud or deceit against homeowner; classification

A foreclosure consultant who engages in any conduct that constitutes fraud or deceit against a homeowner in connection with a transaction that is subject to this article, including a foreclosure reconveyance, is guilty of a class 1 misdemeanor.
A.R.S. § 44-1460.07 — Arizona Code / Title 44 / Chapter 10 / Article 3.1 / Section 1460.07
44-1460.07 Trade name registration cancellation; release for use
Status: in_force

44-1460.07. Trade name registration cancellation; release for use

A. The secretary of state shall cancel a trade name registration if:

1. The secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record.

2. The registration is not renewed in accordance with this article.

3. A court of competent jurisdiction orders the cancellation on any grounds.

4. The registration was obtained fraudulently by containing false or misleading information.

B. The secretary of state may release a trade name for use pursuant to this article six months after the trade name's corporate owner has been administratively dissolved.
A.R.S. § 44-7203 — Arizona Code / Title 44 / Chapter 29 / Article 1 / Section 7203
44-7203 Enforcement; injunctive relief; restitution; civil penalty
Status: in_force

44-7203. Enforcement; injunctive relief; restitution; civil penalty

A. A violation of this chapter constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.

B. Each ticket acquired in violation of section 44-7202 is a separate violation for the purpose of assessing a civil penalty pursuant to section 44-1531.