A.R.S. § 44-1641 — Arizona Code / Title 44 / Chapter 11 / Article 3.1 / Section 1641
44-1641 Definitions
Status: in_force

44-1641. Definitions

In this article, unless the context otherwise requires:

1. "Business records" means records of any purchase, trade, barter or other transaction that involves the receipt of scrap metals and that is made in the ordinary course of business at or near the time of the purchase, trade, barter or transaction, including receipts, books or similar records as prescribed by section 44-1642, but does not include correspondence, tax returns or financial statements.

2. "Department" means the department of public safety.

3. "Ferrous metals":

(a) Means those metals that will attract a magnet.

(b) Includes a scrap vehicle.

4. "Industrial account" means either:

(a) A person or business entity that files or is required to file monthly returns for that person's or entity's transaction privilege tax licenses and that is reasonably expected to generate the type of scrap metals it sells.

(b) A governmental entity that sells scrap metal to a scrap metal dealer.

5. "Scrap metal dealers" means each person or business entity, including all employees of the person or business entity, except automotive recyclers that are licensed pursuant to title 28, chapter 10 and whose primary business is the dismantling, selling or disposing of parts or accessories of motor vehicles, engaged in the business of purchasing, trading, bartering or otherwise receiving secondhand or castoff material of any kind that is commonly known as scrap metal.

6. "Scrap metals" includes insulated and uninsulated metallic cables and scrap vehicles.

7. "Scrap vehicle" means a vehicle that has been reported to the national vehicle title information system and that has been flattened, crushed, baled or logged so that the vehicle is less than fifty percent of its original volume, is no longer the vehicle that is described by the certificate of title and is sold for purposes of scrap metal only.
A.R.S. § 44-1043 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1043
44-1043 Attempted preference of creditor void
Status: in_force

44-1043. Attempted preference of creditor void

Any attempted preference, in the assignment, of one creditor or creditors of the assignor, is fraudulent and without effect.
A.R.S. § 44-352 — Arizona Code / Title 44 / Chapter 3.1 / Article 1 / Section 352
44-352 Acquiring title to loaned property
Status: in_force

44-352. Acquiring title to loaned property

A. A museum may acquire title to loaned property pursuant to this section. If, since the expiration date of the loan, seven years have passed with no written contact between the lender and the museum or if the loan has no expiration date and at least seven years have passed since the loan was made and written contact between the lender and the museum occurred the museum shall send a notice by certified mail, return receipt requested, to the lender's last known address. This notice shall contain a statement that the loan is now terminated as well as all information required in the notice under section 44-353, subsection A, paragraph 1. If proof of delivery of the notice is not received within thirty days from the date the notice was mailed, the museum shall publish a notice as prescribed by section 44-353, subsection A, paragraph 1.

B. If the requirements of subsection A of this section are met the museum may acquire title to the loaned property by sending a notice by certified mail, return receipt requested, to the lender's last known address. This notice shall contain all information required in the notice under section 44-353, subsection A, paragraph 2. If proof of delivery of the notice is not received within thirty days from the date the notice was mailed, the museum shall publish a notice as prescribed by section 44-353, subsection A, paragraph 2.
A.R.S. § 44-1365 — Arizona Code / Title 44 / Chapter 9 / Article 13 / Section 1365
44-1365 Definitions
Status: in_force

44-1365. Definitions

In this article, unless the context otherwise requires:

1. "Consumer" means a natural person or persons who purchase consumer services.

2. "Consumer service":

(a) Means a service that is primarily for personal, family or household purposes and that the seller provides in return for payment of periodic charges for the service but does not include financial services regulated by title 6, title 20 or the federal government.

(b) Includes a service in which the seller makes equipment or other personal property available to the consumer that is incidental to the provision of the service.
A.R.S. § 44-1602 — Arizona Code / Title 44 / Chapter 11 / Article 1 / Section 1602
44-1602 Requirements of dealers of precious items; violation; classification
Status: in_force

44-1602. Requirements of dealers of precious items; violation; classification

A. Each dealer shall keep for six months from the date of purchase of a precious item and make available on request of a peace officer:

1. The name, current address, date of birth and signature of the person from whom the item was purchased.

2. A description of the person, including height, weight, race, complexion and hair color.

3. Identification card serial number as required under subsection B.

4. A list pursuant to subsection C describing the items purchased from that person.

B. Before making a purchase, a dealer shall require the person from whom he is purchasing to identify himself with a valid motor vehicle operator's license, valid motor vehicle nonoperating identification license, valid armed forces identification card or other valid photo identification sufficient to verify the information required pursuant to subsection A of this section.

C. Each dealer shall, at least once each week in which he makes a purchase, make out and deliver to the local law enforcement agency a true, complete and legible list of all items purchased during the period since the last report. The dealer shall use local law enforcement agency forms to meet the requirements of this subsection if such forms are issued by the local law enforcement agency. The list shall include:

1. The brand name and serial number, if any.

2. An accurate description of each item sufficient to enable the local law enforcement agency to identify the item.

3. The date and time when the item was received.

4. The amount paid for each item.

5. All information pursuant to subsection A, paragraphs 1, 2 and 3.

D. Any item purchased shall be held in the same shape and form as receipted for in the dealer's custody for ten calendar days after delivering the list to the local law enforcement agency as required under subsection C. This subsection shall not apply to the redemption of pawned or pledged items.

E. Payment to the seller or consignor shall be by check only, made payable to a named payee who is the actual intended seller.

F. It is presumptive evidence of intent to violate this section if the items purchased are not listed or fail to agree with the description contained in the list.

G. On notification by a peace officer that the items purchased are the fruits of a crime, the dealer shall not dispose of those items.

H. A dealer shall not purchase any precious item from any person under eighteen years of age unless the person is accompanied by a parent or guardian who must submit identification as required under subsection B.

I. Dealers of precious items may only purchase at their permanent place of business, as listed on their sales tax license.

J. Each dealer shall prominently display a copy of this statute in a conspicuous place on the premises of the business.

K. A person who violates this article is guilty of a class 1 misdemeanor.
A.R.S. § 44-1241 — Arizona Code / Title 44 / Chapter 9 / Article 3 / Section 1241
44-1241 Fraudulent sales
Status: in_force

44-1241. Fraudulent sales

A. It is unlawful for any person to sell, attempt to sell, offer for sale or participate or assist in the sale of any gasoline, liquefied petroleum gas, distillate, kerosene or other motor fuel or lubricating oil or motor oil of any kind or quality whatever for use in internal combustion engines when the petroleum product is at the time it is sold, offered for sale, caused or attempted to be sold, falsely represented to the purchaser or intended purchaser thereof either verbally or by advertising labels, signs or literature as the product of any manufacturer, refiner, producer or importer other than the true manufacturer, refiner, producer or importer.

B. It is unlawful for any person to sell, attempt to sell, offer for sale or participate or assist in the sale of any gasoline, liquefied petroleum gas, distillate, kerosene or other motor fuel or motor oil or lubricating oil of any kind or quality whatever for use in internal combustion engines when the petroleum product is, at the time it is sold, offered for sale, caused or attempted to be sold, falsely represented to the purchaser or intended purchaser thereof, to be the product of the brand name or trade name specified by the purchaser or intended purchaser. It is unlawful to sell, offer for sale or attempt to sell to a purchaser or intended purchaser a motor oil or lubricating oil with a society of automotive engineers number classification other than the S.A.E. number classification as specified by the purchaser or intended purchaser.

C. It is unlawful for any person to permit, direct or cause any other person to do any of the acts prohibited by this section.
A.R.S. § 44-1373.01 — Arizona Code / Title 44 / Chapter 9 / Article 17 / Section 1373.01
44-1373.01 Exceptions
Status: in_force

44-1373.01. Exceptions

This article does not apply to:

1. The use of social security numbers by the department of revenue or by a law enforcement agency of this state or a law enforcement agency of a county, city, town or other political subdivision of this state, except that these agencies must comply with section 44-1373, subsection A, paragraphs 2 and 5.

2. The use of social security numbers by an agency of this state in its administration of employee payroll, employee benefits and workers' compensation matters, except that the agency shall comply with section 44-1373, subsection A, paragraphs 1, 2, 4 and 5.

3. Documents or records that are recorded or required to be open to the public pursuant to the constitution or laws of this state or by court rule or order, and this article does not limit access to these documents or records.

4. An individual’s social security number that is printed or caused to be printed on a document by the individual.

5. The use of social security numbers by the industrial commission of Arizona or an interested party as defined in section 23-901, on documents or records related to a workers' compensation claim under title 23, chapter 6, except that the industrial commission or the interested party shall comply with section 44-1373, subsection A, paragraphs 1, 2, 3 and 4.
A.R.S. § 44-7152 — Arizona Code / Title 44 / Chapter 28 / Article 1 / Section 7152
44-7152 Dating referral services contracts
Status: in_force

44-7152. Dating referral services contracts

A. Every contract for dating referral services shall be in writing and is subject to this article.  A dating services enterprise shall include any requirement or prohibition prescribed in this article in the written contract before the customer signs the contract.  The enterprise shall give the customer a copy of the written contract at the time the customer signs the contract.  The enterprise shall keep original copies of all contracts for services for three years after the expiration of those contracts.

B. Any contract for dating referral services that does not comply with this article is void and unenforceable.
A.R.S. § 44-1799.33 — Arizona Code / Title 44 / Chapter 11 / Article 19 / Section 1799.33
44-1799.33 Finding; impoundment of shopping carts by local agencies; conditions; emergencies; costs; fines; disposal of unclaimed carts; applicability
Status: in_force

44-1799.33. Finding; impoundment of shopping carts by local agencies; conditions; emergencies; costs; fines; disposal of unclaimed carts; applicability

A. The legislature finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section.

B. A shopping cart that has a sign affixed to it in accordance with section 44-1799.32 may be impounded by a city, town or county if both of the following conditions have been satisfied:

1. The shopping cart is located outside the premises or parking area of a retail establishment.  The parking area of a retail establishment located in a multistore complex or shopping center includes the parking area used by the complex or center.

2. The shopping cart is not retrieved within three business days after the date the owner of the shopping cart, or the owner's agent, receives actual notice from the city, town or county of the shopping cart's discovery and location.

C. If the location of the shopping cart will impede emergency services, obstruct vehicle traffic or create a safety hazard to the public on a public right-of-way, a city, town or county may immediately retrieve the shopping cart from public or private property.

D. A city, town or county that impounds a shopping cart may recover its actual costs for providing this service.

E. A shopping cart that is impounded by a city, town or county shall be held at a location that is within the city, town or county and open for business at least six hours on Monday through Friday of each week except on holidays observed by the city, town or county.

F. A city, town or county may fine the owner of a shopping cart not more than fifty dollars for each occurrence in excess of three during the previous six month period for failure to retrieve shopping carts within one day in accordance with this section.  An occurrence includes all shopping carts impounded in accordance with this section in a one day period.

G. A shopping cart that is not reclaimed from the city, town or county within thirty days after receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the city, town or county in possession of the shopping cart.

H. Notwithstanding subsection B, paragraph 2 of this section, a city, town or county may impound a shopping cart that otherwise meets the criteria prescribed in subsection B, paragraph 1 of this section without complying with the three day advance notice requirement if all of the following apply:

1. The owner of the shopping cart or the owner's agent is provided with actual notice within twenty-four hours after the impound and that notice informs the owner or the owner's agent of the location where the shopping cart may be claimed.

2. The shopping cart is impounded at a location in compliance with subsection E of this section.

3. The shopping cart is reclaimed by the owner or the owner's agent within three business days after the date of actual notice as provided in paragraph 1 of this subsection and is released and surrendered to the owner or agent at no charge, including the waiver of any impound and storage fees or fines that would otherwise apply pursuant to subsection D or F of this section.  Any cart reclaimed within the three business day period is not deemed an occurrence for purposes of subsection F of this section.

I. Any shopping cart not reclaimed by the owner or the owner's agent after three business days after the date of actual notice as provided in subsections B and H of this section is subject to any applicable fee or fine imposed pursuant to subsection D or F of this section commencing on the fourth business day after the date of the notice.

J. Any shopping cart not reclaimed by the owner or the owner's agent within thirty days after the date of actual notice as provided by subsection H, paragraph 1 of this section may be sold or disposed of in accordance with subsection G of this section.
A.R.S. § 44-7006 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7006
44-7006 Construction; application
Status: in_force

44-7006. Construction; application

This chapter shall be construed and applied to:

1. Facilitate electronic transactions consistent with other applicable law.

2. Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices.

3. Effectuate its general purpose to make uniform the law of this state with respect to the subject of this chapter for intrastate, interstate and international transactions.
A.R.S. § 44-161 — Arizona Code / Title 44 / Chapter 1 / Article 5 / Section 161
44-161 Interpretation of contracts, securities and other similar measures; currency; definitions
Status: in_force

44-161. Interpretation of contracts, securities and other similar measures; currency; definitions

A. If a subject or medium of payment of any contract, security or other similar instrument is the European currency unit or a currency that has been substituted or replaced by the euro, the euro is a commercially reasonable substitute and substantial equivalent that may be either tendered or used in determining the value of the European currency unit or other currency at the conversion rate specified in and calculated according to the regulations adopted by the council of the European union.

B. Except as provided in an agreement between parties regarding the introduction of the euro, none of the following actions discharge or excuse performance under any contract, security or other similar instrument or give a person the unilateral right to alter or terminate any contract, security or other similar instrument:

1. The introduction of the euro.

2. The tendering of euros for any obligation that complies with subsection A.

3. The determining of the value of any obligation that complies with subsection A or the calculating or determining of the subject or medium of payment of any contract, security or other similar instrument relating to an interest rate or other basis that has been substituted or replaced due to the introduction of the euro and that is a commercially reasonable substitute and substantial equivalent.

C. Notwithstanding title 47, this section applies to all contracts, securities and other similar instruments, including contracts relating to commercial transactions.

D. For the purposes of this section:

1. "Euro" means the currency of participating member states of the European union that adopt a single currency in accordance with the treaty on European union signed February 7, 1992.

2. "European currency unit" means the currency basket that is used as the unit of account of the European community pursuant to the European council's regulations.

3. "Introduction of the euro" includes the implementation of economic and monetary union in member states of the European union pursuant to the treaty on European union signed February 7, 1992.
A.R.S. § 44-1622 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1622
44-1622 Pawn tickets; requirements
Status: in_force

44-1622. Pawn tickets; requirements

A. All pawn transactions must be evidenced by a pawn ticket that is issued at the time of the pawn transaction.

B. A pawn ticket shall include, at a minimum, all of the following:

1. The name, address and telephone number of the pawnshop and pledgor.

2. The birth date and physical description of the pledgor, including height, weight and hair and eye color.

3. The number and type of the identification document presented by the pledgor.

4. A listing of the articles left in the possession of the pawnbroker.

5. The date of the pawn transaction.

6. The maturity date of the pawn transaction, which shall be set forth in at least twelve point type.

7. The principal amount of the pawn transaction.

8.  The following statement in at least ten point type:

"You are not obligated to redeem the pledged goods. The pledged goods will be forfeited to the pawnbroker after the maturity date unless the pledged goods are redeemed or you enter into a new pawn transaction for the pledged goods."
A.R.S. § 44-1797.07 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.07
44-1797.07 Availability of services; time
Status: in_force

44-1797.07. Availability of services; time

Each contract for discount buying services shall provide that the buying services become available to the buyer within three days from the date the contract was entered into.
A.R.S. § 44-1796 — Arizona Code / Title 44 / Chapter 11 / Article 13 / Section 1796
44-1796 Voidable contracts; waiver voidable; damages
Status: in_force

44-1796. Voidable contracts; waiver voidable; damages

A. Any contract for health spa services entered into in reliance upon any false, fraudulent or misleading information, representation, notice or advertisement of the health spa is voidable at the option of the customer. Any contract for health spa services which does not comply with the applicable provisions of this article is voidable at the option of the customer.

B. Any waiver by the customer of the provisions of this article is void.

C. Any customer injured by a violation of this article may bring an action for the recovery of damages, reasonable attorney fees, and, if the violation is wilful, punitive damages in the amount of two thousand five hundred dollars per violation.

D. The attorney general, county attorneys, city attorneys, or any aggrieved customer may institute proceedings to restrain and enjoin violations of this article.

E. The provisions of this article are in addition to all other causes of action, remedies and penalties available to this state or to the customer.
A.R.S. § 44-1376 — Arizona Code / Title 44 / Chapter 9 / Article 20 / Section 1376
44-1376 Definitions
Status: in_force

44-1376. Definitions

In this article, unless the context otherwise requires:

1. "Communication service record" includes subscriber information, including name, billing or installation address, length of service, payment method, telephone number, electronic account identification and associated screen names, toll bills or access logs, records of the path of an electronic communication between the point of origin and the point of delivery and the nature of the communication service provided, such as caller identification, automatic number identification, voice mail, electronic mail, paging or other service features.  Communication service records do not include the content of any stored oral, wire or electronic communication or a telephone record.

2. "Procure" means to obtain by any means, including electronically, in writing or in oral form, with or without consideration.

3. "Public utility" includes public service corporations, municipally owned systems and districts subject to article XIII, section 7, Constitution of Arizona, power districts, electrical districts, agricultural improvement districts or irrigation and water conservation districts established pursuant to title 48, chapter 11, 12, 17 or 19.

4. "Public utility record" includes customer information, including name, billing or installation address, length of service, payment method or any other personal identifying information.

5. "Telephone" means any device that is used by a person for voice communications in connection with the services of a telephone company whether the voice communications are transmitted in analog, data or any other form.

6. "Telephone company" means any person that provides commercial telephone services to a customer, irrespective of the communications technology that is used to provide the service, including:

(a) Traditional wire line or cable telephone service.

(b) Cellular, broadband personal communication systems or other wireless telephone service.

(c) Microwave, satellite or other terrestrial telephone service.

(d) Voice over internet telephone service.

7. "Telephone record" means information that is:

(a) Retained by a telephone company and that relates to the telephone number dialed by the customer or the incoming number of the call directed to a customer or other data related to such calls typically contained on a customer telephone bill, including the time the call started and ended, the duration of the call, the time of day the call was made, any charges applied and any information that indicates the location from which or to which the call was made.

(b) Made available to a telephone company by a customer solely by virtue of the relationship between the telephone company and the customer. Telephone record does not include any information collected and retained by or on behalf of customers using caller identification or similar technology.
A.R.S. § 44-1941 — Arizona Code / Title 44 / Chapter 12 / Article 9 / Section 1941
44-1941 Application for registration as dealer; contents; filing; consent to service of process; fee; exemption
Status: in_force

44-1941. Application for registration as dealer; contents; filing; consent to service of process; fee; exemption

A. Application for registration as a dealer may be made by any person. An application for registration shall be signed by the applicant.  The application shall be filed with the commission and shall contain the following, together with other information the commission prescribes:

1. The name of the applicant.

2. The address of the principal place of business of the applicant and the addresses of all branch offices, if any, of the applicant in this state.

3. The character of business organization of the applicant and the date of organization.

4. The names and business addresses of all members, partners, officers, directors, trustees or managers of the applicant, a statement of the limitations, if any, of the liability of any partner, member, manager or trustee and a statement setting forth in chronological order the business history of each partner, member, officer, director, trustee or manager during the preceding ten years.

5. A brief description of the general character of the business conducted or to be conducted by the applicant.

6. A list of each state in which the applicant is registered as a dealer and whether or not the registration of the applicant as a dealer has been refused, cancelled, suspended or withdrawn in any state and, if so, a complete statement of the facts with respect thereto.

7. A statement showing whether the applicant is registered as a dealer under the securities exchange act of 1934 and whether any such registration of the applicant has been denied, revoked or suspended or made the subject of proceedings for denial, revocation or suspension by the SEC.

8. The name of each organization of dealers of which the applicant is a member, or before which any application for membership on the part of the applicant is pending, and whether any such membership of the applicant has been denied, revoked or suspended or made the subject of proceedings for denial, revocation or suspension.

9. The name of each securities exchange of which the applicant or any of its partners, officers, directors, trustees, members, managers or employees is a member and whether any such membership has been denied, revoked or suspended or made the subject of proceedings for denial, revocation or suspension.

10. For an applicant that is subject to the securities exchange act of 1934, any financial information that is required to be provided to the SEC or its designee, under the securities exchange act of 1934 to the extent requested by the commission.  All other applicants shall provide an audit report of an independent certified public accountant together with a balance sheet and related statements of income or operations, stockholders' equity or retained earnings and cash flows that reflect the dealer's financial position, results of operations and cash flows.  The financial statements listed in this subsection must be prepared in conformity with generally accepted accounting principles and examined in accordance with generally accepted auditing standards as of the most recent practicable date before the date of the application or the financial information established by the commission by rule.

11. A statement showing whether the applicant or an officer, director, partner, member, trustee or manager of the applicant has within the past ten years been convicted of or charged with a felony or misdemeanor of which fraud is an essential element, or a felony or misdemeanor involving the purchase or sale of securities or arising out of the conduct of the business of the applicant as a dealer in securities, and, if so, a complete statement of the facts with respect to the felony or misdemeanor.

12. A statement showing whether the applicant, or any officer, director, partner, member, trustee or manager of the applicant, has been enjoined or restrained by a court of competent jurisdiction in connection with any transaction involving the purchase or sale of securities and, if so, a complete statement of the facts with respect to the transaction.

B. An application for registration as a dealer shall be accompanied by a written consent to service of process on the commission in actions against that dealer, conforming to the requirements of section 44-1862, and payment of the registration fee prescribed by section 44-1861, subsection A or B.

C. The commission by rule or order may provide limited registration requirements for any dealer or class of dealers or exempt any dealer or class of dealers from registration under this article if the commission determines that registration is not necessary to protect the public interest due to the special characteristics of the securities or transactions in which the dealer or class of dealers is involved.
A.R.S. § 44-7042 — Arizona Code / Title 44 / Chapter 26 / Article 3 / Section 7042
44-7042 Sending and accepting electronic records; exemption
Status: in_force

44-7042. Sending and accepting electronic records; exemption

A. Except as otherwise provided in section 44-7012, subsection D, and this subsection, each governmental agency, except state agencies, shall determine if, and the extent to which, the governmental agency will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely on electronic records and electronic signatures. State agencies shall accept electronic records and electronic signatures and shall comply with the appropriate standards and policies adopted or established by the department of administration pursuant to title 18, chapter 1.

B. To the extent that a governmental agency uses electronic records and electronic signatures pursuant to subsection A of this section, the governmental agency after giving due consideration to security may specify:

1. The manner and format in which the electronic records must be created, generated, sent, communicated, received and stored and the systems established for those purposes.

2. If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record and the identity of or criteria that must be met by any third party used by a person filing a document to facilitate the process.

3. Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and ability to perform audits of electronic records.

4. Any other required attributes for electronic records that are specified for corresponding nonelectronic records or that are reasonably necessary under the circumstances.

C. This section does not apply to the judicial branch.
A.R.S. § 44-1752 — Arizona Code / Title 44 / Chapter 11 / Article 10.1 / Section 1752
44-1752 Pharmacy benefits managers; prohibitions; applicability
Status: in_force

44-1752. Pharmacy benefits managers; prohibitions; applicability

A. A pharmacy benefits manager may not do any of the following:

1. Prohibit a pharmacist or pharmacy from providing an insured individual information on the amount of the insured's cost share for the insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available.  A pharmacy benefits manager may not penalize a pharmacy or pharmacist for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available.

2. Require a pharmacist or pharmacy to charge or collect from an insured a copayment that exceeds the total submitted charges by the network pharmacy.

B. To the extent that any provision of this section is inconsistent or conflicts with an applicable federal law, rule or regulation, the applicable federal law, rule or regulation applies.

C. This section applies to all contracts between a pharmacy benefits manager and a pharmacy or a pharmacy's contracting representative or agent that are entered into or renewed on or after August 3, 2018.
A.R.S. § 44-1281 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1281
44-1281 Duties of secretary of state
Status: in_force

44-1281. Duties of secretary of state

The secretary of state shall:

1. Prescribe and publish the forms and adopt the rules necessary to carry out this article.

2. Refer to the attorney general or county attorney for investigation any matter that the secretary of state has reason to believe constitutes a violation of this article.

3. Preserve for five years from the date of filing all information required to be filed pursuant to this article, after which the information shall be destroyed. This information is public information and is open to public inspection.

4. With referral, provide the attorney general with a complete copy of all registration statements and attachments, including renewals and supplemental statements, that are filed pursuant to section 44-1272 by a seller of business opportunities or merchandise related to business opportunities.
A.R.S. § 44-1445 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1445
44-1445 Duration of registration; renewal notice; application and fee
Status: in_force

44-1445. Duration of registration; renewal notice; application and fee

A. Registration of a mark under the provisions of this article shall be effective for a term of ten years from the date of registration.  Upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registration may be renewed for a like term.  A mark registration may be renewed for successive periods of ten years in a like manner.

B. The secretary of state shall notify registrants of marks under this article of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration by writing to the last known address of the registrants.

C. Any registered mark expires ten years from the date of the registration, or of the last reregistration thereof, and may be reregistered by filing an application with the secretary of state on a form furnished by the secretary of state and paying the renewal fee therefor within six months prior to the expiration of the registration.
A.R.S. § 44-302 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 302
44-302 Presumptions of abandonment
Status: in_force

44-302. Presumptions of abandonment

A. Property is presumed abandoned if it is unclaimed by the apparent owner according to the following schedule:

1. A traveler's check is presumed abandoned fifteen years after issuance.

2. A money order or similar written instrument, other than a third-party bank check, is presumed abandoned three years after issuance.

3. Any stock or other equity interest in a business association or financial organization, including a security entitlement under title 47, chapter 8, is presumed abandoned three years after any of the following, whichever occurs first:

(a) The date of the most recent dividend, stock split or other distribution that is unclaimed by the apparent owner.

(b) The date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable.

(c) The date the holder discontinued mailings, notifications or communications to the apparent owner.

4. The principal on debt, other than a bearer bond or an original issue discount bond, of a business association or financial organization is presumed abandoned three years after the maturity date and the interest on the debt is presumed abandoned three years after the payment date.

5. Except as otherwise provided in this paragraph, a demand, savings or time deposit, including a deposit that is automatically renewable, and any interest or dividends are presumed abandoned three years after maturity or the date of the last indication by the owner of interest in the property, whichever occurs first. A certificate of deposit and any interest are presumed abandoned three years after maturity. For the purposes of this paragraph, a deposit that is automatically renewable is deemed matured on its initial date of maturity, unless the owner has consented to a renewal at the time of the account opening or about the time of the renewal and the consent is in writing or is evidenced by the original account agreement or by any memorandum or other record on file with the holder.

6. Credits owed to a customer as a result of a retail business transaction are presumed abandoned three years after the obligation accrued.

7. An amount owed by an insurance company on a life or endowment insurance policy or an annuity that has matured or terminated is presumed abandoned three years after the obligation to pay arose or, in the case of a policy or annuity that is payable on proof of death, the amount is presumed abandoned one year after the insured has attained, or would have attained if the insured were living, the limiting age under the mortality table on which the reserve is based. For the purposes of this paragraph, all of the following conditions apply:

(a) If a person other than the insured or annuitant is entitled to the owed amount and the person's address is not known to the company or it is not definite and certain from the records of the company who is entitled to the amount, it is presumed that the last known address of the person who is entitled to the amount is the same as the last known address of the insured or annuitant according to the company's records.

(b) Notwithstanding any law, if the company learns of the death of the insured or annuitant and the beneficiary has not communicated with the insurer within four months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary.

(c) Every change of beneficiary form issued by an insurance company under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this state shall request the following information:

(i) The name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the class.

(ii) The address of each beneficiary.

(iii) The relationship of each beneficiary to the insured.

8. A life or endowment insurance policy or annuity contract not matured by actual proof of the death of the insured or annuitant according to the company's records is deemed matured and the proceeds are deemed due and payable and are presumed abandoned after one year if all of the following conditions apply:

(a) The insured has attained, or would have attained if the insured were living, the limiting age under the mortality table on which the reserve is based.

(b) The policy was in force at the time the insured attained or would have attained the limiting age specified in subdivision (a) of this paragraph.

(c) Neither the insured nor any other person who appears to have an interest in the policy within the last year according to the company's records has assigned, readjusted or paid premiums on the policy or subjected the policy to a loan, corresponded in writing with the company concerning the policy or otherwise indicated an interest as evidenced by a memorandum or any other record on file with and prepared by an employee of the company.

9. Property that is distributable by a business association or financial organization in a course of dissolution is presumed abandoned one year after the property becomes distributable.

10. Property that is received by a court as proceeds of a class action and that is not distributed pursuant to the judgment is presumed abandoned one year after the distribution date.

11. Property that is held by a court, government or governmental subdivision, agency or instrumentality, except for support as defined in section 25-500 or for spousal maintenance, is presumed abandoned two years after the property becomes distributable.  Monies held for the payment of warrants by a state agency that remain unclaimed by the owner at the time of the void date printed on the face of the warrant are presumed abandoned.  For the purposes of this paragraph, governmental subdivision does not include a special taxing district as defined in section 48-241.

12. Wages or other compensation for personal services is presumed abandoned one year after the compensation becomes payable.

13. Property in any individual retirement account, defined benefit plan or other account or plan that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned two years after any of the following, whichever occurs first:

(a) The date of the distribution or attempted distribution of the property.

(b) The date of the required distribution as stated in the plan or trust agreement that governs the plan.

(c) If determinable by the holder, the date specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty.

14. Any amount that is payable on a check, draft or similar instrument on which a financial organization or business association is directly liable, including a cashier's check and a certified check, and that has been outstanding for more than three years after the check, draft or similar instrument was payable or after issuance if payable on demand is presumed abandoned unless within three years the owner has communicated in writing with the financial organization or business association concerning the check, draft or similar instrument or otherwise indicated an interest as evidenced by a memorandum or any other record on file and prepared by an employee of the financial organization or business association.

15. Digital assets are presumed abandoned three years after a written or electronic communication to the owner is returned to the owner as undeliverable by the United States postal service or email or any other electronic messaging method, as applicable. The three-year presumption of abandonment ceases immediately on the exercise of an act of ownership interest in the digital asset or by a written, oral or electronic communication with the holder of the digital asset and that is evidenced by a memorandum or other record that is on file with the holder or the holder's agent. For the purposes of this paragraph, "exercise of an act of ownership interest" includes any of the following:

(a) The owner taking action regarding the digital asset.

(b) Conducting a transaction regarding the digital asset or the account in which the digital asset is held, including depositing monies into or withdrawing monies from the account.

(c) Electronically accessing the account in which the digital asset is held.

(d) Conducting any activity with respect to another account that is owned by the owner and held by the same holder.

(e) Taking any other action that reasonably demonstrates to the holder that the owner knows the property exists.

16. All other property is presumed abandoned three years after the owner's rights to demand the property or after the obligation to pay or distribute the property arises, whichever occurs first.

17. Excess proceeds deposited with the county treasurer pursuant to section 33-812 are presumed abandoned if the monies remain with the treasurer for at least two years from the date of deposit and there is no pending application for distribution.

18. Any dividend, profit, distribution, interest, redemption, payment on principal or other sum held or owing by a business association for or to its shareholder, certificate holder, member, bondholder or other security holder who has not claimed it, or corresponded in writing with the business association concerning it, is presumed abandoned three years after the date prescribed for payment or delivery.

B. At the time that an interest is presumed abandoned under subsection A of this section, any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.

C. Property is unclaimed if, for the applicable period prescribed in subsection A of this section, the apparent owner has not communicated in writing with the holder or communicated by other means reflected in a contemporaneous record that is prepared by or on behalf of the holder and that concerns the property or the account or accounts in which the property is held and has not otherwise indicated an interest in the property and if the holder has not communicated in writing with regard to the property that would otherwise be unclaimed. A communication with an owner by a person other than the holder or the holder's representative who has not identified the property in writing to the owner is not an indication of interest in the property by the owner.

D. An indication of an owner's interest in property includes:

1. Presenting any check or other instrument of payment of any dividend or other distribution that is made with respect to any account, underlying stock or other interest in a business association or financial organization.  If the distribution is made by electronic or similar means, an indication of an owner's interest includes evidence that the distribution has been received.

2. The owner directing any activity in the account in which the property is held, including a direction by the owner to increase, decrease or change the amount or type of property held in the account.

3. Making a deposit to or withdrawal from a bank account.

4. Paying a premium with respect to a property interest in an insurance policy.  The application of an automatic premium loan provision or any other nonforfeiture provision in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or if the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.

E. Property is payable or distributable notwithstanding the owner's failure to make demand or present an instrument or document otherwise required to obtain payment.
A.R.S. § 44-7011 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7011
44-7011 Notarization; acknowledgment
Status: in_force

44-7011. Notarization; acknowledgment

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
A.R.S. § 44-1843.01 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1843.01
44-1843.01 Nonexempt government securities; covered securities; exemptions
Status: in_force

44-1843.01. Nonexempt government securities; covered securities; exemptions

A. Notwithstanding section 44-1843, subsection A, paragraph 1, sections 44-1841 and 44-1842 apply to the following classes of securities that are issued by a person who is located in this state, unless the requirements of subsection B or C of this section are met.  The requirements of subsection C of this section apply to the following classes of securities that are described as covered securities in section 18(b)(4)(C) of the securities act of 1933:

1. Any obligations or securities that are industrial development bonds as defined in section 103 of the United States internal revenue code of 1954, as amended, with no exception for the small issue exemptions contained in section 103(b)(6) or 103(d), except that the provisions of this paragraph shall not apply to any issue where substantially all of the proceeds are to be used to provide residential real property for family units, airports, docks, wharves, mass commuting facilities, parking facilities, sewage or solid waste disposal facilities, air or water pollution control facilities, or facilities for the furnishing of water if available on reasonable demand to members of the general public.

2. Bond anticipation notes authorized pursuant to title 48, chapter 6, article 1.

3. Improvement district bonds authorized pursuant to title 48, chapter 6, article 2.

4. Bonds of issuers located outside the state secured only by special assessments.

5. Securities of public subdivisions used to provide monies to finance the acquiring, constructing, improving, equipping or furnishing of medical office buildings, sanitariums, clinics, medical hotels, mortuaries, cemeteries, mausoleums, rest homes, nursing homes, skilled nursing facilities or other similar facilities for use by corporations or entities other than municipal which bonds or notes are not fully secured by payments to be made by an entity owning or operating, repurchasing or leasing a hospital from a political subdivision.

B. Sections 44-1841 and 44-1842 do not apply to the securities that are issued by a person who is located in this state and to which subsection A of this section applies if the following conditions are met:

1. With respect to the nongovernmental entity responsible for making the payments pledged to repay the obligations, there shall be filed with the commission a notice of the proposed offering, the trust indenture, if any, a two hundred dollar filing fee and an official statement or prospectus which includes the financial disclosures required by section 44-1894. The filing shall be by the nongovernmental user with respect to obligations to which subsection A, paragraphs 1 and 5 of this section apply and by the underwriter or dealer with respect to obligations to which subsection A, paragraph 2, 3 or 4 of this section applies.  The trust indenture, official statement or prospectus may be filed in draft form if substantially complete. In the case of special assessment bonds to which this section applies, the commission may waive the requirement for filing an official statement or prospectus, modify the information to be contained in the official statement or prospectus or permit the filing of information concerning the bonds in lieu of an official statement or prospectus. The notice, among other things, shall include a statement as to whether a rating on the securities will be sought and from whom the rating will be sought.

2. On the receipt of the notice and official statement or prospectus, the exemption shall be effective within twenty days, or less than twenty days if accelerated by order of the director for good cause shown. The exemption shall not become effective if, within such twenty-day period, the commission issues an order to show cause why the exemption should not be denied.  If such order to show cause is issued, the applicant shall be given notice and opportunity to be heard pursuant to article 11 of this chapter.  The commission may deny an exemption if it finds that the official statement or prospectus is incomplete, inaccurate or misleading.

C. For securities to be offered in this state that are described as covered securities in section 18(b)(4)(C) of the securities act of 1933 a person shall file all of the following with the commission:

1. A cover letter that describes the offering to be made in this state.

2. Any documents that are filed with the SEC and that are required by the commission.

3. A filing fee of two hundred dollars.
A.R.S. § 44-1557 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1557
44-1557 Required provisions in agreements between distributors and dealers
Status: in_force

44-1557. Required provisions in agreements between distributors and dealers

Every agreement between a distributor and a dealer shall be in writing and contain:

1. In the absence of any express agreement, the dealer shall not be required to participate financially in the use of any premium, coupon, give-away, or rebate in the operation of his retail outlet, provided that the distributor may require the dealer to distribute to customers premiums, coupons or give-aways which are furnished to the dealer at the expense of the distributor.

2. The term of the initial agreement between the distributor and the dealer relating to specific premises shall not be less than one year and the term of all subsequent agreements between the distributor and the dealer shall not be for fewer than three years, provided that where the distributor is the lessee of the premises, this paragraph shall not be construed to require a term of greater duration than the remainder of the term to which the distributor is entitled under its lease, together with any renewal rights which the distributor may have, and further provided that notwithstanding any other provision of this article to the contrary a distributor may reserve the right to cancel such agreement without cause upon thirty days' notice during the first six months of the initial term thereof when no previous distributor-dealer relationship existed between the parties thereto. Agreements entered into by distributors who are not also engaged in the refining of gasoline may be for shorter terms.
A.R.S. § 44-7012 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7012
44-7012 Electronic records retention; originals; definition
Status: in_force

44-7012. Electronic records retention; originals; definition

A. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:

1. Accurately reflects the information prescribed in the record after the record was first generated in its final form as an electronic record or otherwise.

2. Remains accessible for later reference.

B. A person may satisfy subsection A of this section by using the services of another person to satisfy subsection A of this section.

C. If a law requires:

1. A record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained according to subsection A of this section.

2. Retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check according to subsection A of this section.

D. A record retained as an electronic record pursuant to subsection A of this section satisfies a law that requires a person to retain a record for evidentiary, audit or like purposes, unless a law that is enacted after July 18, 2000 prohibits the use of an electronic record for the specified purpose.

E. For the purposes of this section, "law" includes a governmental agency's policy.
A.R.S. § 44-1797.05 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.05
44-1797.05 Written contract; contents
Status: in_force

44-1797.05. Written contract; contents

A. Each contract for discount buying services shall be in writing and is subject to the provisions of this article. The address of the seller's discount buying facility and the residence address of the buyer shall be clearly indicated on the face of the contract. A copy of the written contract shall be given to the buyer at the time he signs the contract. All blank spaces in the contract shall be filled in before the contract is signed by the buyer. Provisions or terms written by hand on the buyer's copy shall be legible. The contract shall be specific as to the period of time for which the discount buying services will be available to the buyer. This time period shall not be measured by the life of the buyer.

B. No agreement of the buyer of a contract for discount buying services shall be effective unless the contract, receipt and all other documents pertaining to the contract are written in the same language used in the oral sales presentation. If a language which cannot be written is used in the oral sales presentation, such documents may be in English.

C. No contract for discount buying services shall be effective unless it is dated, signed by the buyer and contains a conspicuous notice in the language used in the oral sales presentation which, if in English, would read as follows:

Notice to buyer

1. Do not sign this agreement if any of the spaces intended for the agreed terms to the extent of then available information are left blank.

2. You are entitled to a copy of this agreement at the time you sign it.

3. You may pay off the full unpaid balance due under this agreement at any time, and in so doing you shall be entitled to a full rebate of the unearned finance and insurance charges.

4. You may cancel this agreement any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.

D. No contract for discount buying services shall be effective unless the following completed form, in duplicate and in the language used in the oral sales presentation which, if in English, would read in the form set forth in this subsection, is attached to the contract of receipt:

Notice of cancellation

Enter date of transaction

(Date)

You may cancel this transaction within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract of sale in excess of twenty-five dollars shall be refunded within fifteen business days following receipt by the seller of your cancellation notice. Any negotiable instrument executed by you will be returned within fifteen business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be cancelled.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to (name of seller), at (address of seller's place of business) not later than midnight of _________________ (date). I hereby cancel this transaction.

____________________    ______________________________

(Date)            (Buyer's signature)
A.R.S. § 44-1505 — Arizona Code / Title 44 / Chapter 10 / Article 6 / Section 1505
44-1505 False statements prohibited
Status: in_force

44-1505. False statements prohibited

An owner or operator of any establishment within the scope of this article shall not post or maintain outdoor or outside advertising signs in connection with any such establishment relating to rates which have thereon any untrue, false or fraudulent representations.
A.R.S. § 44-1406 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1406
44-1406 Investigation; service of demand sanctions; confidentiality
Status: in_force

44-1406. Investigation; service of demand sanctions; confidentiality

A. If the attorney general has reasonable cause to believe that a person has information or is in possession, custody or control of any document or other tangible object relevant to an investigation for a violation of this article, the attorney general may serve upon the person, before bringing any action in the superior court, a written demand to appear and be examined under oath, to answer written interrogatories under oath and to produce the document or object for inspection and copying. The demand shall:

1. Be served upon the person in the manner required for service of process in this state or by certified mail with return receipt requested.

2. Describe the nature of the conduct constituting the violation under investigation.

3. Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified.

4. Contain a copy of the written interrogatories.

5. Prescribe a reasonable time at which the person must appear to testify, within which to answer the written interrogatories and within which the document or object must be produced, and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general on or before that time.

6. Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object.

7. Contain a copy of subsections B and C of this section.

B. If a person objects to or otherwise fails to comply with the written demand served upon him under subsection A, the attorney general may file an action in the superior court for an order to enforce the demand. Venue for the action to enforce the demand shall be in the county in which the person resides or in which the person maintains a place of business or in which the event giving rise to jurisdiction occurred or in which the event had an effect. Notice of hearing the action to enforce the demand and a copy of the action shall be served upon the person in the same manner as that prescribed in the Arizona rules of civil procedure. If the court finds that the demand is proper, that there is reasonable cause to believe there may have been a violation of this article and that the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand, subject to modifications the court may prescribe. If the person fails to comply with such order, the court may issue any of the following orders until the person complies with such order:

1. Adjudging the person in contempt of court.

2. Granting injunctive relief against the person to whom the demand is issued to restrain the conduct which is the subject of the investigation.

3. Granting such other relief as the court may deem proper.

C. The court may award to the attorney general taxable costs and reasonable attorney fees as determined by the court against the person failing to obey the order. Upon motion by the person and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden or expense.

D. If the attorney general determines that disclosure to the respondent of the evidence relied on to establish reasonable cause is not in the best interests of the investigation, he may request that the court examine the evidence in camera. If the attorney general makes this request, the court may examine the evidence in camera and then make its determination.

E. Any procedure, testimony taken or material produced under this section shall be kept confidential by the attorney general before bringing an action against a person under this article for the violation under investigation unless any of the following applies:

1. Confidentiality is waived by the person whose testimony is disclosed.

2. Confidentiality is waived by the person who produced to the attorney general the material being disclosed.

3. The testimony or material is disclosed solely to the person, or the person's attorney, who testified or provided the material to the attorney general.

4. Disclosure is authorized by court order.

F. The attorney general may disclose the testimony or material to a person employed by this state, the United States or any other state, if before disclosure to another state or the United States the receiving official agrees in writing to comply with the confidentiality restrictions of this section.

G. An individual conducting an examination pursuant to this section may exclude from the place of examination any person, except the person being examined and the person's counsel.
A.R.S. § 44-1567 — Arizona Code / Title 44 / Chapter 10 / Article 9 / Section 1567
44-1567 Action for damages; other remedies; defense
Status: in_force

44-1567. Action for damages; other remedies; defense

A. Any wholesaler may bring an action against a supplier or a supplier may bring an action against a wholesaler for violation of section 44-1566 in any court of competent jurisdiction and may recover damages sustained. In such action the prevailing party shall receive reasonable attorney fees.

B. The remedies provided in this section are independent of and supplemental to any other remedy or remedies available to the wholesaler or supplier in law or equity.

C. In any action pursuant to this section for termination, cancellation or failure to renew a franchise in violation of section 44-1566, it shall be a complete defense to prove that the termination, cancellation or failure to renew was done in good faith and for good cause.

D. A person violating section 44-1566 shall not be subject to criminal prosecution as provided in section 4-246 for such violation.
A.R.S. § 44-1991 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 1991
44-1991 Fraud in purchase or sale of securities
Status: in_force

44-1991. Fraud in purchase or sale of securities

A. It is a fraudulent practice and unlawful for a person, in connection with a transaction or transactions within or from this state involving an offer to sell or buy securities, or a sale or purchase of securities, including securities exempted under section 44-1843 or 44-1843.01 and including transactions exempted under section 44-1844, 44-1845 or 44-1850, directly or indirectly to do any of the following:

1. Employ any device, scheme or artifice to defraud.

2. Make any untrue statement of material fact, or omit to state any material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.

3. Engage in any transaction, practice or course of business which operates or would operate as a fraud or deceit.

B. In a private action brought pursuant to subsection A, paragraph 2 of this section or section 44-1992, if the person who offered or sold the security proves that any portion or all of the amount recoverable under subsection A, paragraph 2 of this section or section 44-1992 represents an amount other than the depreciation in value of the subject security resulting from the part of the prospectus or oral communication, with respect to which the liability of the person is asserted, not being true or omitting to state a material fact required to be stated or necessary to make the statement not misleading, then the amount shall not be recoverable.  This subsection does not apply to any actions based on allegations of activities constituting dishonest or unethical practices in the securities industry.
A.R.S. § 44-1008 — Arizona Code / Title 44 / Chapter 8 / Article 1 / Section 1008
44-1008 Defenses, liability and protection of transferee
Status: in_force

44-1008. Defenses, liability and protection of transferee

A. A transfer or obligation is not voidable under section 44-1004, subsection A, paragraph 1 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

B. Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under section 44-1007, subsection A, paragraph 1, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection C of this section, or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against either:

1. The first transferee of the asset or the person for whose benefit the transfer was made.

2. Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.

C. If the judgment under subsection B of this section is based on the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

D. Notwithstanding voidability of a transfer or an obligation under this article, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to any of the following:

1. A lien on or a right to retain any interest in the asset transferred.

2. Enforcement of any obligation incurred.

3. A reduction in the amount of the liability on the judgment.

E. A transfer is not voidable under section 44-1004, subsection A, paragraph 2 or section 44-1005 if the transfer results from:

1. Termination of a lease on default by the debtor if the termination is pursuant to the lease and applicable law.

2. Enforcement of a security interest in compliance with title 47, chapter 9.
A.R.S. § 44-1799.51 — Arizona Code / Title 44 / Chapter 11 / Article 21 / Section 1799.51
44-1799.51 Loan information; solicitations; restrictions; injunction; definition
Status: in_force

44-1799.51. Loan information; solicitations; restrictions; injunction; definition

A. A person shall not reference the trade name or trademark of a lender or a trade name or trademark confusingly similar to that of a lender in a solicitation for the offering of services or products without the consent of the lender unless the solicitation clearly and conspicuously states all of the following in close proximity to and in the same or larger point type as the first and the most prominent use of a lender's trade name or trademark in the solicitation:

1. The name, address and telephone number of the person making the solicitation.

2. That the person making the solicitation is not affiliated with the lender.

3. That the solicitation is not authorized or sponsored by the lender.

4. That the loan information referenced was not provided by the lender.

B. A person shall not reference a loan number, loan amount or other specific loan information that is not publicly available in a solicitation for the purchase of services or products, except that this prohibition does not apply to communications by a lender or its affiliates with a current customer of the lender or with a person who was a customer of the lender during the eighteen months immediately preceding the solicitation.

C. A person shall not reference a loan number, loan amount or other specific loan information that is publicly available in a solicitation for the purchase of services or products unless the communication clearly and conspicuously states all of the following in close proximity to and in the same or larger point type as the first and the most prominent use of a loan number, loan amount or other specific loan information that is publicly available in the solicitation:

1. The name, address and telephone number of the person making the solicitation.

2. That the person making the solicitation is not affiliated with the lender.

3. That the solicitation is not authorized or sponsored by the lender.

4. That the loan information referenced was not provided by the lender.

D. Subsection C does not apply to communications by a lender or its affiliates with a current customer of the lender or with a person who was a customer of the lender during the eighteen months immediately preceding the solicitation.

E. A person shall not use the name of a lender or a name similar to that of a lender in a solicitation directed to consumers if that use could cause a reasonable person to be confused, mistaken or deceived as to either of the following:

1. The lender's sponsorship, affiliation, connection or association with the person using the name.

2. The lender's approval or endorsement of the person using the name or the person's services or products.

F. Any reference to an existing lender, a loan number, loan amount or other specific loan information that appears on the outside of an envelope, that is visible through the envelope window, or that appears on a postcard in connection with any written communication that includes or contains a solicitation for goods or services is prohibited without the consent of the existing lender.

G. It is not a violation of this section for a person to use the trade name of another lender in an advertisement for services or products to compare the services or products offered by the other lender.

H. A lender or owner of a trade name or trademark may seek an injunction against a person who violates this section to stop the unlawful use of the trade name, trademark or loan information.  The person seeking the injunction shall not have to prove actual damage as a result of the violation.  Irreparable harm and interim harm to the lender or owner shall be presumed.  The lender or owner seeking the injunction may seek to recover actual damages and any profits the defendant has accrued as a result of the violation. The prevailing party in any action brought pursuant to this section is entitled to recover costs associated with the action and reasonable attorney fees from the other party.

I. For the purposes of this section, "lender" means a bank, national bank doing business in this state, industrial bank, savings and loan association, savings bank, credit union, finance company, mortgage bank, mortgage broker, loan originator or holder of the loan or other person who makes loans in this state and any affiliate, or any third party operating with the consent of the lender.
A.R.S. § 44-1845 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1845
44-1845 Exemption or special registration of certain securities and transactions by commission rule
Status: in_force

44-1845. Exemption or special registration of certain securities and transactions by commission rule

A. The commission may by its rules, and subject to the terms and conditions prescribed in those rules, add any class of securities or transactions to the securities or transactions exempted as provided by sections 44-1843, 44-1843.01 and 44-1844, if it finds that registration of such securities under this chapter is not necessary in the public interest and for the protection of investors by reason of the special characteristics of the securities or transactions, the small amount involved or the limited character of the offering.

B. The commission by its rules, and subject to the terms and conditions prescribed in those rules, may, if it finds that registration is not necessary for the public interest and for the protection of investors, exempt or provide special registration for the following transactions:

1. Any transactions, including resales, involving securities offered and sold in reliance on rule 504 of regulation D (17 Code of Federal Regulations section 230.504) or any other exemption under section 3(b) or section 3(a)(11) of the securities act of 1933 or involving a small business issuer under the securities act of 1933 to accredited investors or to other investors meeting lesser net worth or suitability requirements established by the commission.

2. Any solicitations of interest in securities that may be offered and sold pursuant to this chapter.

C. Special registrations pursuant to this section may be exempt from any or all of the provisions of sections 44-1876, 44-1877, 44-1878 and 44-1921, or any rule adopted pursuant to those sections.
A.R.S. § 44-1522 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1522
44-1522 Unlawful practices; intended interpretation of provisions
Status: in_force

44-1522. Unlawful practices; intended interpretation of provisions

A. The act, use or employment by any person of any deception, deceptive or unfair act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely on such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice.

B. The violation of chapter 9, article 16 or chapter 19, article 1 of this title is declared to be an unlawful practice and subject to enforcement under this article.

C. It is the intent of the legislature, in construing subsection A, that the courts may use as a guide interpretations given by the federal trade commission and the federal courts to 15 United States Code sections 45, 52 and 55(a)(1).
A.R.S. § 44-402 — Arizona Code / Title 44 / Chapter 4 / Article 1 / Section 402
44-402 Injunctive relief
Status: in_force

44-402. Injunctive relief

A. Actual or threatened misappropriation may be enjoined. On application to the court, the court shall terminate an injunction if the trade secret has ceased to exist, but the court may continue the injunction for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

B. In exceptional circumstances an injunction may condition future use on payment of a reasonable royalty for no longer than the period of time for which the use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

C. In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
A.R.S. § 44-6805 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6805
44-6805 Prohibited rental-purchase agreement terms; practices
Status: in_force

44-6805. Prohibited rental-purchase agreement terms; practices

A. A rental-purchase agreement shall not contain any of the following:

1. A confession of judgment.

2. A negotiable instrument.

3. A security interest or any other claim of a property interest in any property of the consumer.

4. A wage assignment.

5. A waiver by the consumer of claims or defenses.

6. A provision authorizing the lessor or a person acting on the lessor's behalf to enter the consumer's premises without permission or to commit any breach of the peace in the repossession of rental property.

7. A provision requiring the purchase of insurance or a liability damage waiver from the lessor for the rental property that is the subject of the rental-purchase agreement.

8. A provision that states that mere failure to return rental property constitutes probable cause for a criminal action.

9. A provision requiring the consumer to make a payment in addition to regular rental payments to acquire ownership of the rental property, or a provision requiring the consumer to make rental payments totalling more than the dollar amount necessary to acquire ownership as disclosed pursuant to section 44-6804.

10. A provision requiring a reinstatement fee unless a periodic payment is late more than seven days under a rental-purchase agreement with periodic payments made monthly or more than two days under a rental-purchase agreement with payments made more frequently than monthly.

11. A provision requiring a reinstatement fee of more than five dollars.

12. A provision requiring more than one reinstatement fee on any one periodic payment regardless of the period of time that it remains unpaid.

13. A provision requiring a late charge or any other type of charge or penalty for reinstating a rental-purchase agreement other than a reinstatement fee, except that a lessor may use the term "late charge" or a similar term to refer to a reinstatement fee.

14. A provision requiring that a consumer who rents multiple items in a single rental-purchase agreement pay an amount to acquire ownership of the items that exceeds the combined total amounts required to acquire ownership of the items if rented separately for the same term.

B. A lessor shall not engage in any unfair, unlawful or deceptive act or practice or make any false or misleading statement in connection with a rental-purchase agreement.
A.R.S. § 44-1626 — Arizona Code / Title 44 / Chapter 11 / Article 3 / Section 1626
44-1626 Interest; fees; payment; military members
Status: in_force

44-1626. Interest; fees; payment; military members

A. A pawnbroker may charge or receive interest at a rate not exceeding thirteen per cent per month for the first two months and at a rate not exceeding eleven per cent per month thereafter. A pawnbroker shall prorate interest on a daily basis and shall not impose an additional charge if the pledgor agrees to pay a loan in monthly installments, except that interest for two months may be charged or received if the pledged goods are redeemed within two months of the pawn transaction.

B. In addition to interest charged pursuant to subsection A of this section, a pawnbroker may charge and collect at redemption or renewal the following fees:

1. A fee that does not exceed five dollars for handling each firearm.

2. If the pledgor loses the pledgor's claim ticket, a fee that does not exceed seven dollars fifty cents.

3. An initial setup fee of not more than five dollars.

4. A storage fee that does not exceed five dollars per month or a portion of a month for each item of pledged goods, other than a vehicle as defined in section 28-101, that exceeds one cubic foot in volume.

5. A vehicle storage fee that does not exceed five dollars per day for each item of pledged goods that is a vehicle as defined in section 28-101.

6. A fee or charge equal to the amount of any fee, tax, imposition or assessment levied or imposed by any governmental agency in connection with or as a result of any reportable transaction.  The pawnbroker may collect at the time of any reportable transaction any fee, tax, imposition or assessment that relates to a reportable transaction and that is imposed by a governmental agency.

C. A pawnbroker shall not demand or require payment of a pawn ticket before the maturity date.

D. If a pawnbroker receives a copy of military orders that indicates that a pledgor has been deployed as a member of the Arizona national guard, the United States armed forces reserves or the regular component of the United States armed forces and the member is serving on federal active duty, the pawnbroker must waive any unpaid interest charges and hold the pledged goods until sixty days after the military member returns from deployment.
A.R.S. § 44-7003 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7003
44-7003 Scope
Status: in_force

44-7003. Scope

A. Except as otherwise provided in subsections B and C of this section, this chapter applies to any electronic record and electronic signature relating to a transaction.

B. For the purposes of this article and articles 2, 3 and 4 of this chapter, this chapter does not apply to a transaction to the extent the transaction is governed by:

1. Title 14 as it relates to the creation and execution of wills, codicils or testamentary trusts.

2. Title 19, chapter 1 as it relates to the signing of referendum petitions and initiative petitions.

3. Title 47, other than title 47, chapters 2 and 2A and section 47-1306 and as otherwise provided in section 44-7016.

C. Article 5 of this chapter applies only to title 10 and transactions governed by title 47, chapters 2, 2A and 7.

D. This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection B or C of this section to the extent the record or signature is governed by a law other than those laws described in subsection B or C of this section.

E. Any transaction subject to this chapter is also subject to any other applicable substantive law.
A.R.S. § 44-1751 — Arizona Code / Title 44 / Chapter 11 / Article 10.1 / Section 1751
44-1751 Definitions
Status: in_force

44-1751. Definitions

In this article, unless the context otherwise requires:

1. "Cost share" means an insured's applicable coinsurance, copayment and deductible requirement under a health plan based on the adjudicated claim.

2. "Pharmacy benefit manager" has the same meaning prescribed in section 20-3321.

3. "Plan sponsor" means an employer or organization that offers a group health plan to its employees or members.
A.R.S. § 44-1994 — Arizona Code / Title 44 / Chapter 12 / Article 13 / Section 1994
44-1994 Misrepresentation of effect of registration of dealers or salesmen
Status: in_force

44-1994. Misrepresentation of effect of registration of dealers or salesmen

Neither the fact that a dealer or salesman is registered under article 9 of this chapter, nor the fact that the registration of the dealer or salesman has not been denied, suspended or revoked shall be deemed a finding by the commission or by the director that the dealer or salesman is of good business reputation, or is not lacking in integrity, or is not insolvent, or that the application for registration of the dealer or salesman, or any financial statement, document or exhibit filed therewith is true or accurate, or does not contain untrue statements of material facts or omit material facts. It is a fraudulent practice and unlawful for a dealer or salesman in connection with any transaction involving the purchase or sale of securities to make a statement or other representation contrary to this section.
A.R.S. § 44-1451 — Arizona Code / Title 44 / Chapter 10 / Article 3 / Section 1451
44-1451 Remedies for infringement
Status: in_force

44-1451. Remedies for infringement

A. Subject to section 44-1452, the owner of a mark registered under this article may proceed by civil action against any person who, without the consent of the registrant:

1. Uses in this state the registered mark or a mark similar to the registered mark on or in connection with any goods or services or any container for goods in any manner that is likely to cause confusion, cause a mistake or deceive a person as to either:

(a) The affiliation, connection or association of the person with another person.

(b) The origin, sponsorship or approval of the goods, services or commercial activities by the owner of the registered mark.

2. Reproduces, counterfeits, copies or colorably imitates a registered mark in any manner whatsoever if such reproductions, counterfeits, copies or colorable imitations are for usage in contravention of paragraph 1 of this subsection.

3. Distributes or uses an unauthorized copy of computer software if the person knows that the copy is an unauthorized copy and when used the copy depicts, incorporates or displays or causes to be depicted, incorporated or displayed a mark that has been registered under this article for computer software. Unauthorized distribution or use is deemed to cause injury in this state.

4. Knowingly obliterates, covers, removes or otherwise alters the mark of another person.

B. In any such action, the court:

1. May grant injunctions to restrain any of such acts as the court deems just and reasonable.

2. May also require the defendant to pay to the plaintiff, subject to the principles of equity:

(a) The defendant's profits.

(b) Any damages sustained by the plaintiff.

(c) The costs of the action, provided that no profits or damages shall be awarded in the case of an action brought under subsection A, paragraph 2 of this section, unless the acts were committed with knowledge that the usage would be in contravention of subsection A, paragraph 1 of this section.

3. If the use is a nonpersonal, commercial use, shall grant to a prevailing plaintiff in an action brought under subsection A, paragraph 3 of this section the plaintiff's reasonable attorney fees and, at the plaintiff's election and in lieu of the defendant's profits or actual damages, presumed damages that are equal to five hundred dollars for each copy or the manufacturer's suggested retail price for each copy, whichever is greater.

4. If the use is a personal, noncommercial use, may grant to a prevailing plaintiff in an action brought under this section the plaintiff's reasonable attorney fees and, at the plaintiff's election and in lieu of the defendant's profits or actual damages, presumed damages that are equal to five hundred dollars for each copy or the manufacturer's suggested retail price for each copy, whichever is greater.

5. May also order the cancellation or transfer of a registration or that any reproductions, copies, counterfeits, or colorable imitations of the registered mark in the possession or under the control of the defendant be destroyed or delivered for destruction.

6. May also order the confiscation or destruction of any unauthorized copy of computer software that when used depicts or displays or causes to be depicted or displayed a registered mark.

C. The enumeration of any right or remedy provided in this article shall not affect a registrant's right to prosecution under any penal law of this state.
A.R.S. § 44-6708 — Arizona Code / Title 44 / Chapter 20 / Article 1 / Section 6708
44-6708 Cause of action; remedies
Status: in_force

44-6708. Cause of action; remedies

A. An equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation of the provisions of this chapter. The dealer may also recover costs and reasonable attorney fees.

B. An equipment dealer may be granted injunctive relief against unlawful termination, cancellation, nonrenewal or change in competitive circumstances.

C. The remedies provided by this section are in addition to any other remedies permitted by law and do not affect laws relating to product liability actions.
A.R.S. § 44-133 — Arizona Code / Title 44 / Chapter 1 / Article 3 / Section 133
44-133 Emergency consent for hospital care, medical attention or surgery by person in loco parentis
Status: in_force

44-133. Emergency consent for hospital care, medical attention or surgery by person in loco parentis

Notwithstanding any other provision of the law, in cases of emergency in which a minor is in need of immediate hospitalization, medical attention or surgery and after reasonable efforts made under the circumstances, the parents of such minor cannot be located for the purpose of consenting thereto, consent for said emergency attention may be given by any person standing in loco parentis to said minor.
A.R.S. § 44-8031 — Arizona Code / Title 44 / Chapter 41 / Article 1 / Section 8031
44-8031 Prohibitions
Status: in_force

44-8031. Prohibitions

A reseller, a secondary ticket exchange or any affiliate of a reseller or secondary ticket exchange may not:

1. Resell more than one copy of the same ticket to an athletic contest or live entertainment event.

2. Resell a ticket without first informing the purchaser of the location in the entertainment facility of the seat or, if there is not an assigned seat, the general admission area to which the ticket corresponds, including the row and section number of the ticket, as applicable.

3. Resell a ticket or advertise a ticket for resale, unless either:

(a) The ticket is in the possession or constructive possession of the reseller.

(b) The reseller has a written contract with the rights holder to obtain the ticket.
A.R.S. § 44-2125 — Arizona Code / Title 44 / Chapter 12 / Article 19 / Section 2125
44-2125 Civil penalties in cease and desist proceedings
Status: in_force

44-2125. Civil penalties in cease and desist proceedings

After notice and an opportunity for a hearing in a proceeding instituted pursuant to article 16 of this chapter, if the commission finds that an independent certified public accountant has wilfully violated section 44-2123, subsection C or D, in addition to entering an order pursuant to article 16 of this chapter, the commission may impose a civil penalty against the independent certified public accountant and any other person that the commission finds was a cause of the violation.
A.R.S. § 44-502 — Arizona Code / Title 44 / Chapter 5 / Article 1 / Section 502
44-502 Unlawful practices; listing services timeline; void agreement
Status: in_force

44-502. Unlawful practices; listing services timeline; void agreement

A. It is unlawful for an exclusive property engagement agreement to:

1. Last longer than twelve months after the date that the agreement is executed by the parties.

2. Be a covenant that runs with the land.

3. Bind a future owner of an interest in the residential real estate that is the subject of the exclusive property engagement agreement unless the future owner acquires an interest in the residential real estate after listing services have begun and a broker as defined in section 32-2101 has a ready, willing and able purchaser for the residential real estate.

4. Be recorded in the office of a county recorder.

5. Authorize a person to place a security interest or lien against or otherwise encumber any residential real estate or to constitute a lien, an encumbrance or a security interest in the residential real estate.

6. Allow for the assignment of the exclusive property engagement agreement or the obligation to provide the underlying services without notice to, and agreement by, the owner of the residential real estate that is the subject of the exclusive property engagement agreement.

7. Fail to meet the requirements prescribed in section 32-2151.02.

B. An exclusive property engagement agreement is void if the listing services do not begin within one year after the execution of the exclusive property engagement agreement by the parties.
A.R.S. § 44-1974 — Arizona Code / Title 44 / Chapter 12 / Article 11 / Section 1974
44-1974 Rehearings
Status: in_force

44-1974. Rehearings

The commission may institute or grant rehearings on application made within twenty calendar days after entry of an order or decision.  Unless otherwise ordered, filing an application for rehearing does not stay the commission's decision or order.  If the commission does not grant a rehearing within twenty calendar days, the application is considered to be denied. Rehearings are subject to the provisions of this article.
A.R.S. § 44-1523 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1523
44-1523 Exemptions
Status: in_force

44-1523. Exemptions

Nothing contained in this article shall apply to the owner or publisher of a newspaper, magazine, or other publication of printed matter wherein such advertisement appears, or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher, or operator has no knowledge of the intent, design, or purpose of the advertiser. Further, nothing contained in this article shall apply to any advertisement which is subject to and complies with the rules and regulations of, and the statutes administered by the federal trade commission.
A.R.S. § 44-7701 — Arizona Code / Title 44 / Chapter 34 / Article 1 / Section 7701
44-7701 Retention of customer information; transmission to third parties prohibited; enforcement; civil penalties
Status: in_force

44-7701. Retention of customer information; transmission to third parties prohibited; enforcement; civil penalties

A. A retailer may retain and use information from a customer's driver license or other state issued identification only for the purpose of verifying the customer's age, for the purpose of establishing a customer's identity, for the purpose of confirming that the customer is properly licensed to operate a motor vehicle, recreational vehicle, truck or motorcycle on public roads or for the purpose of disclosing the information to any of the following:

1. The department of transportation.

2. A person licensed pursuant to title 20.

3. A notary public pursuant to section 41-319.

4. A business for the purpose of any of the following:

(a) Verifying a check at the point of sale for the purchase of a good or service by check.

(b) Evaluating creditworthiness.

(c) Detecting or reducing the risk of fraud, abuse, identity theft or other crimes.

(d) Conducting account collection activities.

(e) Confirming that the customer has met the motor vehicle financial responsibility requirements pursuant to section 28-4135.

5. Financial institutions, if permitted by federal law.

B. Except as provided in this section, the retailer shall not transmit the information to a third party for any purpose, except that a retailer may disclose the information to a law enforcement agency for the purposes of a law enforcement investigation.

C. This section does not prohibit the use of the information in a court proceeding or administrative proceeding.

D. This section may be enforced by either of the following:

1. A county attorney in the county in which the violation occurs. If a violation occurs by the same retailer in multiple counties, a county attorney in a county in which a violation of this section occurred, after filing a notice of intent to enforce this section, may send a copy of the notice to the county attorney in each county in which a violation occurred and may request that the actions be consolidated.  A county attorney may obtain injunctive relief and recover costs, attorney fees and the penalties prescribed in subsection E of this section.

2. The attorney general.  An act or practice in violation of this section constitutes an unlawful practice pursuant to section 44-1522.  The civil penalty prescribed by subsection E of this section is in lieu of the penalty prescribed by section 44-1531.

E. A civil penalty shall be imposed for each violation of subsection A of this section.  The civil penalty shall not exceed:

1. Five hundred dollars for a first violation.

2. One thousand dollars for a second violation.

3. Five thousand dollars for a third or subsequent violation.
A.R.S. § 44-6803 — Arizona Code / Title 44 / Chapter 22 / Article 1 / Section 6803
44-6803 General requirements of disclosure
Status: in_force

44-6803. General requirements of disclosure

A. A lessor shall disclose to a consumer the information prescribed in section 44-6804. In a transaction involving more than one lessor, only one lessor is required to make the disclosures prescribed in section 44-6804, but all lessors are bound by the disclosures made.

B. The disclosures shall be made on or before the consummation of the rental-purchase agreement.

C. The disclosure shall be made clearly and conspicuously in writing, and a completed copy of the rental-purchase agreement shall be provided to the consumer upon signature of the consumer and lessor. The disclosures prescribed in section 44-6804 shall be made on the face of the agreement above the line for the consumer's signature.

D. If a disclosure becomes inaccurate as a result of any act, occurrence or agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy does not violate this chapter.

E. If any portion of the transaction is conducted in any language other than English, the disclosures prescribed in section 44-6804 shall be made in the language other than English.
A.R.S. § 44-1771 — Arizona Code / Title 44 / Chapter 11 / Article 12 / Section 1771
44-1771 Definitions
Status: in_force

44-1771. Definitions

In this article, unless the context otherwise requires:

1. "Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction.

2. "Artist" means the creator of a work of fine art.

3. "On consignment" means delivered to an art dealer for the purpose of sale or exhibition, or both, to the public by the art dealer other than at a public auction.

4. "Work of fine art" means an original or multiple original art work which is:

(a) A visual rendition, including a painting, drawing, sculpture, mosaic or photograph.

(b) A work of calligraphy.

(c) A work of graphic art, including an etching, lithograph, offset print or silk screen.

(d) A craft work in materials, including clay, textile, fiber, wood, metal, plastic or glass.

(e) A work in mixed media, including a collage or a work consisting of any combination of subdivisions (a) through (d).
A.R.S. § 44-1777 — Arizona Code / Title 44 / Chapter 11 / Article 12 / Section 1777
44-1777 Waiver voided
Status: in_force

44-1777. Waiver voided

Any portion of an agreement which waives any provision of this article is void.
A.R.S. § 44-1323 — Arizona Code / Title 44 / Chapter 9 / Article 9 / Section 1323
44-1323 Sale of lead acid batteries; refundable deposit; notice
Status: in_force

44-1323. Sale of lead acid batteries; refundable deposit; notice

A. A lead acid battery seller shall accept from customers at the point of transfer used lead acid batteries of the type and quantity sold at that point of transfer and may accept additional batteries. A seller shall not charge any deposit to receive those batteries, other than the refundable deposit authorized by subsection B. A lead acid battery seller shall post a written notice that is clearly visible in the public sales area of the establishment and that contains the following language:

"It is unlawful to dispose of a motor vehicle battery or other lead acid battery in a landfill or any unauthorized site.

Recycle all used batteries.

This seller is required by law to accept used lead acid batteries. When any new lead acid battery is purchased, a refundable deposit will be charged unless a used battery is returned for refund within forty-five days."

B. A lead acid battery seller shall charge each person who purchases a new lead acid battery a refundable deposit per battery. A seller shall refund the deposit to any person who presents a used lead acid battery to the seller with a receipt for the purchase of a new battery from that seller within the forty-five day period immediately following the purchase. A seller may keep any lead acid battery deposit monies that are not properly claimed within forty-five days after the date of sale.

C. All lead acid batteries sold after July 1, 1991 shall bear a universally accepted recycling symbol.

D. An advertisement or other printed promotional material related to the sale of lead acid batteries shall contain the following notice in bold print:

"A deposit is imposed on the purchase of each new lead acid battery unless a used battery is returned where applicable."

E. This section does not apply to a person whose sales of batteries are not in the ordinary course of business.

F. A wholesale seller of lead acid batteries who sells batteries to this state, to a political subdivision of this state or to a private entity that does not resell the batteries:

1. Is subject to this article.

2. May charge a deposit as prescribed by subsection B of this section.
A.R.S. § 44-356 — Arizona Code / Title 44 / Chapter 3.1 / Article 1 / Section 356
44-356 Lender obligations to the museum
Status: in_force

44-356. Lender obligations to the museum

The lender shall notify the museum of a change of address or of a change in ownership of the loaned property in order to ensure the retention of rights to the loaned property.
A.R.S. § 44-1799.01 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799.01
44-1799.01 Initial veterinary examination
Status: in_force

44-1799.01. Initial veterinary examination

A. A veterinarian who is licensed pursuant to title 32, chapter 21 shall examine all cats and dogs that are received by a pet dealer before the cat or dog is placed for sale.

B. If the veterinarian determines that a cat or dog is afflicted with a contagious disease, the cat or dog may be returned to the source or kept by the pet dealer. If the pet dealer keeps the cat or dog, the pet dealer shall cage the cat or dog separately from healthy animals and shall house and handle the cat or dog in a manner that will minimize the likelihood of contagion.
A.R.S. § 44-1944 — Arizona Code / Title 44 / Chapter 12 / Article 9 / Section 1944
44-1944 Registration in register of dealers and salesmen of applicant complying with requirements
Status: in_force

44-1944. Registration in register of dealers and salesmen of applicant complying with requirements

A. When an applicant has fully complied with this article and the rules of the commission thereunder, the director shall register the applicant as a dealer in a register of dealers and salesmen, unless the commission finds cause for denial as provided for in article 10 of this chapter.

B. When the director has registered an applicant as a dealer the director shall promptly notify the applicant of the registration by mail or by the CRD system.
A.R.S. § 44-131 — Arizona Code / Title 44 / Chapter 1 / Article 3 / Section 131
44-131 Capacity of minor veterans and married minors
Status: in_force

44-131. Capacity of minor veterans and married minors

A. A veteran who is entitled to benefits under the servicemen's readjustment act of 1944 (P.L. 78-346; 58 Stat. 284), or the spouse of that veteran, is not under legal disability by reason of minority to make any contract and any contract made by that veteran or spouse is not invalid or voidable by reason of the minority of the veteran or spouse.

B. A person who is married to an adult is not under legal disability because of that person's minority to make a contract and a contract made by that person is not invalid or voidable because of that person's minority.
A.R.S. § 44-1402 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1402
44-1402 Contract, combination or conspiracy to restrain or monopolize trade
Status: in_force

44-1402. Contract, combination or conspiracy to restrain or monopolize trade

A contract, combination or conspiracy between two or more persons in restraint of, or to monopolize, trade or commerce, any part of which is within this state, is unlawful.
A.R.S. § 44-1762 — Arizona Code / Title 44 / Chapter 11 / Article 11 / Section 1762
44-1762 Solar energy device warranties; installation standards; inspections
Status: in_force

44-1762. Solar energy device warranties; installation standards; inspections

A. The collectors, heat exchangers and storage units of a solar energy device that is sold or installed in this state or leased or financed under an agreement pursuant to section 44-1763, and the installation of the solar energy device, shall be warranted for a period of at least two years or shall include an energy production output guarantee provided pursuant to section 44-1763, subsection A, paragraph 4. The remaining components of the solar energy device and their installation shall be warranted for a period of at least one year.

B. Any person who manufactures, furnishes for installation or installs a solar energy device shall provide with the device a written statement of warranty, responsibilities assumed or disclaimed and performance data of the solar energy device and components of the solar energy device as prescribed by section 44-1763 as part of the agreement for the financing, sale or lease of a solar energy device. The form of the statement required by this subsection is subject to approval by the registrar of contractors.  The statement shall specify the source of any performance data it contains. A copy of the statement shall be delivered to the registrar of contractors where it shall be kept on public file.

C. A person who sells a solar energy device in this state shall furnish a certificate to the buyer that the solar energy device complies with the requirements of this section.

D. A solar energy device that is sold or installed in this state shall comply with all applicable state and federal consumer protection, rating, certification, performance, marking, installation and safety standards that are required by section 44-1763.

E. An individual who installs a solar energy device in this state, in addition to being a licensed solar contractor under title 32, chapter 10, article 4, shall:

1. Possess the general license that is appropriate to the type of solar energy device that is installed. Installers of a solar water heater or a photovoltaic device shall possess an appropriate contractor's license.

2. Meet any education and training standards that have been adopted by the registrar of contractors.

3. Pass an examination on the installation of the type of device to be installed, if the registrar of contractors has adopted such an examination.

F. Solar energy devices that are designed or installed by the final owner are exempt from the requirements of subsections A through E of this section.

G. The installation of a solar energy device shall meet the requirements of:

1. All applicable fire, safety and building codes.

2. Consumer protection standards, including any freeze protection and temperature related damage standards.

3. All other applicable federal, state and local laws.

H. Contractors who fail to meet safety, installation or other prescribed standards or the requirements of section 44-1763 are subject to disciplinary action under title 32, chapter 10, article 3.
A.R.S. § 44-3158 — Arizona Code / Title 44 / Chapter 13 / Article 4 / Section 3158
44-3158 Expiration, renewal or transfer of licensure; automatic suspension
Status: in_force

44-3158. Expiration, renewal or transfer of licensure; automatic suspension

A. All licenses expire on December 31 of each year unless renewed before expiration by payment through the IARD of the fees prescribed by section 44-3181.  If the IARD does not provide for receipt of a filing, the filing may be made with the commission by mail or any other reasonable method that is acceptable to the commission.

B. An investment adviser representative may transfer that investment adviser representative's license to an investment adviser that is either licensed by the commission or that has made a notice filing with the commission by filing a completed application for licensure and remitting a transfer fee to the commission through the IARD.  If the IARD does not provide for receipt of a filing, the filing may be made with the commission by mail or any other reasonable method that is acceptable to the commission. The license of an investment adviser representative will automatically be suspended from the time of termination of employment with an investment adviser until the investment adviser representative is employed by another licensed or federal covered adviser, the director is notified of the employment by the investment adviser in writing and the investment adviser is notified of approval of the licensure by the director by mail, through the IARD or by any other reasonable method established by the commission or the investment adviser representative has complied with all requirements in accordance with a temporary investment adviser representative transfer program.  The commission may adopt rules providing for temporary transfer of licensure of investment adviser representatives.
A.R.S. § 44-1963 — Arizona Code / Title 44 / Chapter 12 / Article 10 / Section 1963
44-1963 Entry of order of denial, revocation or suspension
Status: in_force

44-1963. Entry of order of denial, revocation or suspension

A. If, after A hearing or notice and opportunity for A hearing as provided by article 11 of this chapter, the commission finds grounds to deny, revoke or suspend the registration of a dealer or salesman, the director shall enter an order in the register of dealers and salesmen denying, revoking or suspending the registration of the dealer or salesman.  The order shall state specifically the grounds for its issuance.

B. A copy of the order shall be sent by certified mail to the dealer or salesman whose registration is denied, revoked or suspended and, if the denial, revocation or suspension of the registration is of a salesman, to the registered dealer who employs the salesman.

C. Denial, suspension or revocation of the registration of a dealer shall also suspend or revoke the registration of all of the dealer's salesmen, but suspension or revocation of the registration of a salesman solely because the salesman was employed by a dealer whose registration was denied, suspended or revoked shall not prejudice subsequent applications for registration by the salesman.

D. A dealer or salesman that has voluntarily terminated or allowed the dealer's or salesman's registration to lapse continues to be subject to actions by the commission under this article in connection with conduct that began before the termination or lapse of the registration.  The commission shall begin any action under this article against the dealer or salesman within two years after the termination or lapse of the registration.
A.R.S. § 44-1362 — Arizona Code / Title 44 / Chapter 9 / Article 12 / Section 1362
44-1362 Check cashing; receipts; notices; government payment instruments; enforcement
Status: in_force

44-1362. Check cashing; receipts; notices; government payment instruments; enforcement

A. A check casher may charge a fee for cashing a payment instrument, and the check casher shall give a receipt to the customer for each transaction.

B. A check casher shall display in a conspicuous location in the check casher's principal place of business and each branch office a complete and legible notice that is in English and Spanish and that includes both of the following:

1. A schedule of all fees for both of the following:

(a) Cashing each type of payment instrument.

(b) Issuing an identification card.

2. A list of any identification that is acceptable in lieu of the identification card provided by the check casher.

C. A check casher shall not charge a fee that is more than three per cent of the face amount of the payment instrument or five dollars, whichever is more, for cashing any payment instrument issued by an agency of the United States or of this state or any political subdivision of the United States or of this state.

D. A check casher operating within the office of a labor pool, or the owner or operator of a labor pool, shall not charge a day laborer for cashing a check that is issued by the labor pool.

E. Any act or practice in violation of this article is an unlawful act or practice under section 44-1522.  The attorney general may investigate and take appropriate action as prescribed in chapter 10, article 7 of this title.
A.R.S. § 44-7802 — Arizona Code / Title 44 / Chapter 35 / Article 1 / Section 7802
44-7802 Acceptance of credit card agreement
Status: in_force

44-7802. Acceptance of credit card agreement

A cardholder's acceptance of the terms and conditions of a credit card account may be established as binding and enforceable in accordance with the terms and conditions of the credit card agreement or by either of the following other methods:

1. The cardholder's written or electronic signature or by any other electronic record acceptance as provided by title 44, chapter 26, article 1.

2. Any cardholder or authorized user uses the credit card account.
A.R.S. § 44-1378.03 — Arizona Code / Title 44 / Chapter 9 / Article 22 / Section 1378.03
44-1378.03 Foreclosure consulting contract
Status: in_force

44-1378.03. Foreclosure consulting contract

A foreclosure consulting contract shall:

1. Be in writing and provided to and retained by the homeowner, without changes, alterations or modifications, for review at least twenty-four hours before it is signed by the homeowner.

2. Be printed in at least twelve-point type and shall include the name and address of the foreclosure consultant to which a notice of cancellation can be mailed and the date the homeowner signed the contract.

3. Fully disclose the exact nature of the foreclosure consulting services to be provided and the total amount and terms of any compensation the foreclosure consultant or associate will receive.

4. Be dated and personally signed, with each page being initialed, by each homeowner of the residence in foreclosure and the foreclosure consultant and shall be acknowledged by a notary public in the presence of the homeowner at the time the homeowner signs the contract.
A.R.S. § 44-2003 — Arizona Code / Title 44 / Chapter 12 / Article 14 / Section 2003
44-2003 Joint and several liability; proportionate liability; determination of responsibility; uncollectible share; settlement discharge; limitation on actions; definitions
Status: in_force

44-2003. Joint and several liability; proportionate liability; determination of responsibility; uncollectible share; settlement discharge; limitation on actions; definitions

A. Subject to the provisions of this section, an action brought under section 44-2001, 44-2002 or 44-2032 may be brought against any person, including any dealer, salesman or agent, who made, participated in or induced the unlawful sale or purchase, and such persons shall be jointly and severally liable to the person who is entitled to maintain such action. No person shall be deemed to have participated in any sale or purchase solely by reason of having acted in the ordinary course of that person's professional capacity in connection with that sale or purchase.

B. Any covered person against whom a final judgment is entered in a private action is jointly and severally liable for damages only if the trier of fact determines that the covered person recklessly or knowingly committed a violation of this chapter.

C. A covered person against whom a final judgment is entered in a private action is liable solely for the portion of the judgment that corresponds to the percentage of responsibility of the covered person as prescribed in subsection D of this section. In any case in which a contractual relationship permits, a covered person who prevails in any private action may recover the attorney fees and costs of that covered person for the private action.

D. The court in a private action shall instruct the jury to answer special interrogatories, or if there is no jury, make findings, for each covered person and any other person the parties claim to have caused or contributed to the loss incurred by the plaintiff, including any person who has entered into a settlement with the plaintiff or plaintiffs, concerning each of the following:

1. Whether the person committed a violation of this chapter.

2. The percentage of responsibility of the person, measured as a percentage of the total fault of all persons who caused or contributed to the loss incurred by the plaintiff.

3. Whether the person knowingly committed a violation of this chapter.

E. The responses to the interrogatories or findings under subsection D of this section shall specify the total amount of damages that the plaintiff is entitled to recover and the percentage of responsibility of each covered person found to have caused or contributed to the loss incurred by the plaintiff or plaintiffs. In determining the percentage of responsibility under this section, the trier of fact shall consider both the nature and extent of:

1. The conduct of each covered person found to have caused or contributed to the loss incurred by the plaintiff or plaintiffs.

2. The causal relationship between the conduct of each covered person and the damages incurred by the plaintiff or plaintiffs.

F. Notwithstanding subsection C of this section, on a motion made within six months after a final judgment is entered in any private action, if the court determines that all or part of the share of the judgment of the covered person is not collectible against that covered person and is also not collectible against a covered person described in subsection B of this section, each covered person described in subsection C of this section is liable for the uncollectible share as follows:

1. Each covered person is jointly and severally liable for the uncollectible share if the plaintiff establishes that the plaintiff is an individual whose recoverable damages under the final judgment are greater than ten per cent of the net worth of the plaintiff, and the plaintiff's net worth is less than two hundred thousand dollars, excluding the value of the plaintiff's owned primary residence.

2. With respect to any plaintiff not described in paragraph 1 of this subsection, each covered person is liable for the uncollectible share in proportion to the percentage of responsibility of that covered person, except that the total liability of a covered person under this subsection may not exceed fifty per cent of the proportionate share of that covered person, as determined under subsection E of this section.

G. For purposes of subsection F of this section, net worth is determined as of the date immediately preceding the date of the purchase or sale by the plaintiff of the security that is the subject of the action and is equal to the fair market value of assets, minus liabilities, including the net value of the plaintiff's investments in real and personal property and personal residences.

H. The total payments required pursuant to subsection F of this section shall not exceed the amount of the uncollectible share. A covered person against whom judgment is not collectible is subject to contribution and to any continuing liability to the plaintiff on the judgment.

I. To the extent that a covered person is required to make an additional payment pursuant to subsection F of this section, the covered person may recover contribution from any of the following or any combination of the following:

1. The covered person originally liable to make the payment.

2. Any covered person liable jointly and severally pursuant to subsection B of this section.

3. Any covered person who is held proportionately liable pursuant to this section, who is liable to make the same payment and who has paid less than the person's proportionate share of that payment.

4. Any other person who is responsible for the conduct giving rise to the payment and who would have been liable to make the same payment.

J. The standard for allocation of damages under subsections B, C and D of this section and the procedure for reallocation of uncollectible shares under subsection F of this section shall not be disclosed to members of the jury.

K. If a covered person settles any private action at any time before a final verdict or judgment, the court shall enter an order discharging the covered person from all claims for contribution brought by other persons. On entry of the settlement by the court, the court shall enter a bar order constituting the final discharge of all obligations to the plaintiff of the settling covered person arising out of the action. The order bars all future claims for contribution arising out of the action by:

1. Any person against the settling covered person.

2. The settling covered person against any person, other than a person whose liability has been extinguished by the settlement of the settling covered person.

L. If a covered person enters into a settlement with the plaintiff before a final verdict or judgment, the verdict or judgment shall be reduced by the greater of either:

1. The amount that corresponds to the percentage of responsibility of that covered person.

2. The amount paid to the plaintiff by that covered person.

M. Except as provided in subsection K of this section, a covered person who becomes jointly and severally liable for damages in any private action may recover contribution from any other person who, if joined in the original action, would have been liable for the same damages. A claim for contribution shall be determined based on the percentage of responsibility of the claimant and of each person against whom a claim for contribution is made.

N. In any private action determining liability, an action for contribution shall be brought within six months after the entry of a final, nonappealable judgment in the action, except that an action for contribution brought by a covered person who was required to make an additional payment pursuant to subsection F of this section may be brought within six months after the date on which the payment was made.

O. For purposes of this section, reckless conduct by a covered person does not constitute a knowing violation of this chapter by the covered person.

P. For the purposes of this section:

1. "Covered person" means a defendant in any private action arising under sections 44-1991 and 44-1992 or a defendant who is an outside director in a private action arising under section 44-1997.

2. "Knowingly committed a violation of this chapter" means either:

(a) In an action that is based on an untrue statement of material fact or omission of a material fact necessary to make the statement not misleading, the covered person makes an untrue statement of a material fact with actual knowledge that the representation is false or omits the statement of a fact necessary in order to make the statement made not misleading, with actual knowledge that, as a result of the omission, one of the material representations of the covered person is false and other persons are likely to reasonably rely on that misrepresentation or omission.

(b) In an action that is based on any conduct that is not described in subdivision (a), the covered person engages in conduct with actual knowledge of the facts and circumstances that make the conduct of that covered person a violation of this chapter.
A.R.S. § 44-1528 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1528
44-1528 Remedies; injunction; other reliefs; receiver
Status: in_force

44-1528. Remedies; injunction; other reliefs; receiver

A. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or is engaging in any practice declared to be unlawful by this article, the attorney general may seek and obtain in an action in a court of competent jurisdiction an injunction prohibiting the person from continuing the practices or engaging in the practice or doing any acts in furtherance of the practice after notice as is required by the rules of civil procedure.  The court may make such orders or judgments as may be necessary to:

1. Prevent the use or employment by a person of any unlawful practices.

2. Restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice in this article declared to be unlawful, including the appointment of a receiver.

3. Require that any profits, gain, gross receipts or other benefit obtained by means of any practice in this article declared to be unlawful be disgorged and paid to the state for deposit in the consumer remediation subaccount of the consumer restitution and remediation revolving fund established by section 44-1531.02.

4. Prohibit a person found to have violated this article from engaging in a specified trade or occupation.

B. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or is engaging in a practice declared to be unlawful by this article and that the person is about to conceal the person's assets or the person's identity or whereabouts or leave the state, the attorney general may apply to a court of competent jurisdiction, ex parte, for an order appointing a receiver of the assets of the person.  On a showing made by affidavit or other evidence that the person has engaged in or is engaging in a practice declared to be unlawful by this article and that the person is about to conceal the person's assets or the person's identity or whereabouts or leave the state, the court may order the appointment of a receiver to receive the assets of the person.
A.R.S. § 44-5004 — Arizona Code / Title 44 / Chapter 15 / Article 1 / Section 5004
44-5004 Agreement requirements
Status: in_force

44-5004. Agreement requirements

A. No agreement of the buyer in a home solicitation sale shall be effective unless the contract, receipt and all other documents pertaining to the contract are written in the same language used in the oral sales presentation. If a language which cannot be written is used in the oral sales presentation, such documents may be in English.

B. No agreement of the buyer in a home solicitation sale shall be effective unless it is dated, signed by the buyer and contains a conspicuous notice in the language used in the oral sales presentation which if in English would be as follows:

NOTICE TO BUYER

1. Do not sign this agreement if any of the spaces intended for the agreed terms to the extent of then available information are left blank.

2. You are entitled to a copy of this agreement at the time you sign it.

3. You may pay off the full unpaid balance due under this agreement at any time, and in so doing you shall be entitled to a full rebate of the unearned finance and insurance charges.

4. You may cancel this agreement any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.

5. It shall not be legal for the seller to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this agreement.

C. No agreement of the buyer in a home solicitation sale shall be effective unless the following completed form, in duplicate and in the language used in the oral sales presentation which, if in English, would be in the form set forth in this subsection, is attached to the contract or receipt:

NOTICE OF CANCELLATION

/enter date of transaction/

(date)

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to {name of seller}, at {address of seller's place of business} not later than midnight of ____________________.

(date)

I hereby cancel this transaction.

______________________________

(date)

________________________________

(buyer's signature)
A.R.S. § 44-1798 — Arizona Code / Title 44 / Chapter 11 / Article 15 / Section 1798
44-1798 Definitions
Status: in_force

44-1798. Definitions

In this article, unless the context otherwise requires:

1. "Commission" means:

(a) Compensation accruing to a sales representative for payment by a principal the rate of which is expressed as a percentage of the dollar amount of orders or sales.

(b) Any other method of compensation agreed to between a sales representative and a principal, including fees for services and retainers.

2. "Principal" means a person who does all of the following:

(a) Engages in the business of manufacturing, producing, importing, selling or distributing a product or service.

(b) Uses sales representatives to solicit orders for the product or service.

(c) Compensates the sales representative in whole or part by commission.

3. "Sales representative":

(a) Means a person who does both of the following:

(i) Establishes a business relationship with a principal to solicit orders for products or services.

(ii) Is compensated, in whole or in part, by commission.

(b)  Is not an employee or a person who places orders or purchases on the person's own account or for resale.

4. "Termination" means the end of the business relationship between the sales representative and the principal, whether by agreement, by expiration of time or by exercise of a right of termination by either party.
A.R.S. § 44-2083 — Arizona Code / Title 44 / Chapter 12 / Article 18 / Section 2083
44-2083 Sanctions for abusive litigation
Status: in_force

44-2083. Sanctions for abusive litigation

A. In any private action arising under this chapter, on final adjudication of the action, unless the parties stipulate otherwise, the court shall include in the record specific findings regarding compliance by each party and each attorney representing any party with each requirement of rule 11(b) of the Arizona rules of civil procedure or any applicable federal or other jurisdictional counterpart to the rules as to any complaint, responsive pleading or dispositive motion. If the federal or other jurisdictional rules of civil procedure do not have a counterpart to rule 11(b) of the Arizona rules of civil procedure, rule 11(b) of the Arizona rules of civil procedure applies.

B. If the court makes a finding under subsection A that a party or attorney violated any requirement of rule 11(b) of the Arizona rules of civil procedure or any federal or other jurisdictional counterpart to the rules as to any complaint, responsive pleading or dispositive motion, the court shall impose sanctions on that party or attorney in accordance with rule 11 of the Arizona rules of civil procedure or any federal or other jurisdictional counterpart to the rules. Before making a finding that any party or attorney has violated the applicable rules, the court shall give that party or attorney notice and an opportunity to respond.

C. Subject to subsections D and E, for the purposes of subsection B, the court shall adopt a presumption that the appropriate sanctions for:

1. Failure of any responsive pleading or dispositive motion to comply with any requirement of rule 11(b) of the Arizona rules of civil procedure or any applicable federal or other jurisdictional counterpart to the rules is an award to the opposing party of reasonable attorney fees and other expenses incurred as a direct result of the violation.

2. Substantial failure of any complaint to comply with any requirement of rule 11(b) of the Arizona rules of civil procedure or any federal or other jurisdictional counterpart to the rules is an award to the opposing party of reasonable attorney fees and other expenses incurred in the action.

D. The presumption prescribed in subsection C may be rebutted only on proof by the party or attorney against whom sanctions are to be imposed that either of the following applies:

1. The award of attorney fees and other expenses will impose an unreasonable burden on that party or attorney and would be unjust, and the failure to make an award would not impose a greater burden on the party in whose favor sanctions are to be imposed.

2. The violation of rule 11(b) of the Arizona rules of civil procedure or federal or other jurisdictional counterpart to the rules was de minimis.

E. If the party or attorney against whom sanctions are to be imposed meets the burden prescribed by subsection D, the court shall award the sanctions that the court deems appropriate pursuant to rule 11 of the Arizona rules of civil procedure or any applicable federal or other jurisdictional counterpart to the rules.
A.R.S. § 44-1040 — Arizona Code / Title 44 / Chapter 8 / Article 3 / Section 1040
44-1040 Discount of claims allowed but not due; amount payable on claim secured by collateral in possession of creditor
Status: in_force

44-1040. Discount of claims allowed but not due; amount payable on claim secured by collateral in possession of creditor

Claims not due may be allowed at their present value by discounting them at the rate of interest mentioned in the contract, if any, otherwise at the legal rate. If any creditor holds collateral or security of less value than his debt, the value thereof may be estimated by the assignee and only the difference between such value and the amount of the debt shall be allowed.
A.R.S. § 44-1278 — Arizona Code / Title 44 / Chapter 9 / Article 6 / Section 1278
44-1278 Unlawful practice; powers of attorney general; cumulative remedies
Status: in_force

44-1278. Unlawful practice; powers of attorney general; cumulative remedies

A. It is an unlawful practice pursuant to section 44-1522 for a seller or solicitor or anyone acting on their behalf to make or authorize to any consumer any reference to the seller's or solicitor's compliance with this article other than on inquiry by the consumer.

B. It is an unlawful practice pursuant to section 44-1522 for any seller or solicitor or anyone acting on their behalf who conducts a telephone solicitation in this state to do any of the following:

1. Use telephone equipment that blocks the caller identification function on the telephone or telephone equipment of the telephone number dialed so that the telephone number of the caller is not displayed on the telephone or telephone equipment that is capable of displaying the telephone number of the caller.

2. Initiate an outbound telephone call to a person if that person has previously stated a desire not to receive outbound telephone calls made by or on behalf of the seller whose goods or services are being offered. A seller or solicitor is not liable under this paragraph or paragraph 3 if all of the following apply:

(a) The seller or solicitor has established and implemented written procedures to comply with this paragraph.

(b) The seller or solicitor has trained the seller's or solicitor's personnel according to the written procedures prescribed in subdivision (a) of this paragraph.

(c) The seller or the solicitor acting on behalf of the seller establishes and maintains a no call list comprised of all persons who request not to be contacted and keeps all do not call requests for at least ten years.

(d) The initial outbound call or any subsequent outbound call made by the seller or solicitor is the result of an error.

3. Intentionally make or cause to be made any unsolicited telephone sales call to any mobile or telephone paging device.

4. Make a telephone call to any residential telephone using an artificial or prerecorded voice to deliver a message unless the call is initiated for emergency purposes or the call is made with the prior express consent of the called party.

5. Use any automatic terminal equipment that uses a random or sequential number generator unless the equipment excludes calls to the following telephone numbers:

(a) Emergency telephone numbers, including 911, of any hospital, medical physician, health care facility, poison control center, fire protection facility or law enforcement agency.

(b) Any guest room or patient room of a hospital, health care facility, elderly care home or similar establishment.

(c) A paging service, a cellular telephone service, a specialized mobile radio service or any service for which the called party is charged for the call.

(d) The telephone numbers maintained on a no call list established pursuant to paragraph 2 of this subsection.

6. Initiate an outbound call except as provided in 47 Code of Federal Regulations, section 64.1200 or 16 Code of Federal Regulations section 310.4.

C. Failure to comply with this article is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.

D. The provisions of this article are in addition to all other causes of action, remedies and penalties available to this state.

E. The attorney general may bring an action in federal court in accordance with 15 United States Code sections 6101 through 6108.
A.R.S. § 44-1231.03 — Arizona Code / Title 44 / Chapter 9 / Article 2.1 / Section 1231.03
44-1231.03 Enforcement; civil action and penalty; injunctive relief; restitution; private right of action; damages
Status: in_force

44-1231.03. Enforcement; civil action and penalty; injunctive relief; restitution; private right of action; damages

A. The attorney general or the county attorney shall enforce the provisions of this article. An authorized tribal prosecutor may assist the attorney general or the county attorney in determining whether the provisions of this article are violated.

B. In addition to the criminal penalties provided in this article, the attorney general or the county attorney may bring a civil action for a violation of this article, and the court may order temporary or permanent injunctive relief. In such an action the court may order restitution to the injured party and such other relief the court determines is appropriate.

C. In an action brought under this section, if the court finds that a person is wilfully using or has wilfully used a method, act or practice that is unlawful under this article, the attorney general or county attorney may recover a civil penalty of not more than five thousand dollars for each violation.

D. Civil penalties collected pursuant to this section shall be deposited in the state general fund if the action is brought by the attorney general and in the county general fund where the action is prosecuted if the action is brought by the county attorney.

E. Unless restitution is ordered in an action brought under subsection B, a person who suffers financial injury or damages by reason of any conduct which is in violation of this article may sue in the superior court and recover actual damages sustained and the cost of the suit, including reasonable attorney fees.
A.R.S. § 44-1355 — Arizona Code / Title 44 / Chapter 9 / Article 11 / Section 1355
44-1355 Exemption; waiver of rights; action to recover damages; attorney fees
Status: in_force

44-1355. Exemption; waiver of rights; action to recover damages; attorney fees

A. An assistive device dealer is not liable to a manufacturer for a refund if the assistive device dealer makes a repair in a manner that is consistent with the manufacturer's instructions.

B. This section does not limit any rights or remedies available to a consumer under any other law. Any waiver of rights by a consumer is void.

C. In addition to any other remedy, a consumer may bring an action in superior court to recover damages caused by a violation of this section. The court may award the prevailing consumer triple the amount of any pecuniary loss plus costs, disbursements and attorney fees. The court may also award any equitable relief deemed appropriate by the court.
A.R.S. § 44-1373 — Arizona Code / Title 44 / Chapter 9 / Article 17 / Section 1373
44-1373 Restricted use of personal identifying information; civil penalty; definition
Status: in_force

44-1373. Restricted use of personal identifying information; civil penalty; definition

A. Except as otherwise specifically provided by law, beginning on January 1, 2005, a person or entity shall not:

1. Intentionally communicate or otherwise make an individual's social security number available to the general public.

2. Print an individual's social security number on any card required for the individual to receive products or services provided by the person or entity.

3. Require the transmission of an individual's social security number over the internet unless the connection is secure or the social security number is encrypted.

4. Require the use of an individual's social security number to access an internet web site, unless a password or unique personal identification number or other authentication device is also required to access the site.

5. Print a number that the person or entity knows to be an individual's social security number on any materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed.  This paragraph does not prohibit the mailing of documents that include social security numbers sent as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security number.  In a transaction involving or otherwise relating to an individual, if a person or entity receives a number from a third party, the person or entity has no duty to inquire or otherwise determine if the number is or includes that individual's social security number.  The person or entity may print that number on materials that are mailed to the individual, unless the person or entity that received the number has actual knowledge that the number is or includes the individual's social security number. This paragraph does not prohibit the mailing to the individual of any copy or reproduction of a document that includes a social security number if the social security number was included on the original document before January 1, 2005.

B. Notwithstanding subsection A, a person or entity that before January 1, 2005 used an individual's social security number in a manner inconsistent with subsection A may continue using that individual's social security number in that manner on and after January 1, 2005 subject to the following conditions:

1. The use of the social security number must be continuous.  If the use is stopped for any reason, subsection A applies.

2. Beginning in 2005, the person or entity must provide the individual with an annual written disclosure of the individual's right to stop the use of the social security number in a manner prohibited by subsection A.

3. If the individual requests in writing, the person or entity must stop using the social security number in a manner prohibited by subsection A within thirty days after receiving the request.  No fee or charge is allowed for implementing the request, and the person or entity shall not deny services to the individual because of the request.

C. This section does not prohibit the collection, use or release of a social security number as required by the laws of this state or the United States or for internal verification or administrative purposes.

D. Beginning on January 1, 2005, this state or any political subdivision of this state shall not use an individual's social security number on state issued or political subdivision issued forms of identification.

E. This section does not prohibit an agency of this state or a political subdivision of this state from disseminating or using the last four numbers of an individual's social security number.

F. A government agency shall not transmit to an individual material that contains both an individual's social security number and bank, savings and loan association or credit union account number.  This subsection does not prohibit the transmitting of documents that include social security and bank, savings and loan association or credit union account numbers as a part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security, bank, savings and loan association or credit union account number.

G. Except as otherwise provided by law, documents or records that are recorded and made available on the recording entity's public web site after the effective date of this amendment to this section shall not contain more than five numbers that are reasonably identifiable as being part of an individual's social security number and shall not contain an individual's:

1. Credit card, charge card or debit card numbers.

2. Retirement account numbers.

3. Savings, checking or securities entitlement account numbers.

H. Only the attorney general or a county attorney, or both, may commence a legal action for a violation of this section.

I. A person or entity is subject to a civil penalty of up to five hundred dollars for each act of recording that violates subsection G.  The civil penalty shall not apply to a person or entity that transmits the document for recording but has no authority for the creation of the document.

J. A county agency is not subject to civil liability for any action relating to information recorded pursuant to subsection G.

K. For the purposes of this section, "individual" means a resident of this state.
A.R.S. § 44-310 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 310
44-310 Custody by state; recovery by holder; defense of holder
Status: in_force

44-310. Custody by state; recovery by holder; defense of holder

A. On payment or delivery of property to the department, the state assumes custody and responsibility for the safekeeping of the property.  A holder who pays or delivers property to the department in good faith is relieved of all liability with respect to the property that arises after the payment or delivery.

B. A holder who has paid money to the department pursuant to this chapter may subsequently make payment to a person who reasonably appears to the holder to be entitled to payment.  On a filing by the holder of proof of payment and proof that the payee was entitled to the payment, the department  shall promptly reimburse the holder for the payment without imposing any fee or other charge.  If the holder seeks reimbursement for a payment made on a negotiable instrument, including a traveler's check or money order, the department shall reimburse the holder if the holder files proof that the instrument was duly presented and that payment was made to a person who reasonably appeared to be entitled to payment.  The department shall reimburse the holder for payment even if the payment was made to a person whose claim was barred pursuant to section 44-321.

C. Without paying any fee or other charge, a holder who has delivered property other than money to the department pursuant to this chapter may reclaim the property if the property is still in the possession of the department and the holder files proof that the apparent owner has claimed the property from the holder.

D. The department may accept a holder's affidavit as sufficient proof of the holder's right to recover money and property under this chapter.

E. If a holder pays or delivers property to the department in good faith and after the payment or delivery another person claims the property from the holder or another state claims the money or property under that state's laws relating to escheat or abandoned or unclaimed property, on written notice of the claim the department shall defend the holder against the claim and indemnify the holder against any liability on the claim that results from payment or delivery of the property to the department.

F. If the department receives any property that is removed from a safe deposit box or any other safekeeping depository the department is subject to the holder's right to be reimbursed for the cost of the opening and to any valid lien or contract that provides for the holder to be reimbursed for unpaid rent or storage charges.  The department shall reimburse the holder from the proceeds that remain after deducting the expense incurred by the department in selling the property.

G. For the purposes of this section, payment or delivery is made in good faith if all of the following requirements are met:

1. Payment or delivery was made in a reasonable attempt to comply with this chapter.

2. At the time of the payment or delivery the holder was not in breach of a fiduciary obligation with respect to the property and based on facts known by the holder at the time of the payment or delivery the holder reasonably believed that the property was presumed abandoned.

3. Records pursuant to which the payment or delivery was made meet reasonable commercial standards of practice.
A.R.S. § 44-1409 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1409
44-1409 Judgment as prima facie evidence
Status: in_force

44-1409. Judgment as prima facie evidence

A final judgment or decree determining that a person has violated this article in an action brought by the state under section 44-1407 or 44-1408, subsection A, other than a consent judgment or decree entered before any testimony has been taken, is prima facie evidence against such person in any other action against him under section 44-1408 as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto. This section does not affect the application of collateral estoppel or issue preclusion.
A.R.S. § 44-3292 — Arizona Code / Title 44 / Chapter 13 / Article 11 / Section 3292
44-3292 Cease and desist orders; injunctions; civil restitution; prosecutions for violations
Status: in_force

44-3292. Cease and desist orders; injunctions; civil restitution; prosecutions for violations

If it appears to the commission, either on complaint or otherwise, that any person has engaged in, is engaging in or is about to engage in any act, practice or transaction that constitutes a violation of this chapter or any rule or order of the commission adopted or issued under this chapter, the commission may:

1. Issue an order directing the person to cease and desist from engaging in the act, practice or transaction, or doing any act in furtherance of the act, practice or transaction, and to take appropriate affirmative action within a reasonable period of time, as prescribed by the commission, to correct the conditions resulting from the act, practice or transaction including a requirement to provide restitution as prescribed by rules of the commission.  If a person fails to comply with an order issued under this paragraph, the superior court in Maricopa county, on application by the commission, shall:

(a) Issue an order to show cause why the person has not complied with the commission’s order. On a showing that the person has violated the commission’s order, the court may exercise its contempt powers and impose a civil penalty of not more than twenty thousand dollars for each violation as the court considers to be just and proper.

(b) Award reasonable costs, including attorney fees, to the commission unless other circumstances make an award of costs unjust.  Any costs, including attorney fees, collected pursuant to this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

2. Apply to the superior court in Maricopa county or any federal court for an injunction restraining the person from any violation, and on a showing by the commission that the person has engaged in, is engaging in or is about to engage in an act, practice or transaction in violation of this chapter or any rule or order of the commission, a temporary restraining order, preliminary injunction or permanent injunction shall be granted without bond. Process in these actions may be served on the defendant in any county of this state in which the defendant transacts business or is found.

3. Apply to the superior court in Maricopa county or any federal court for an order restoring to any person in interest any monies or property, real or personal, that may have been acquired or transferred in violation of this chapter.

4. Petition the superior court in Maricopa county or transmit any evidence available concerning the act, practice or transaction to the attorney general, and the attorney general may petition the superior court in Maricopa county for the appointment of a conservator to reorganize the affairs of, or a receiver to wind up the affairs of, the violator.  Process in these actions may be served on the defendant in any county in this state in which the defendant transacts business or is found.

5. Transmit any evidence available concerning such act, practice or transaction to a county attorney, the attorney general or the United States attorney who, with or without such transmittal, may directly institute or cause to be instituted such criminal proceedings as the evidence warrants.
A.R.S. § 44-7806 — Arizona Code / Title 44 / Chapter 35 / Article 1 / Section 7806
44-7806 Consumer protection rights
Status: in_force

44-7806. Consumer protection rights

Nothing in this chapter diminishes the party's consumer protection rights that are prescribed in any federal law or other state law relating to consumers.
A.R.S. § 44-1403 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1403
44-1403 Establishment, maintenance or use of monopoly
Status: in_force

44-1403. Establishment, maintenance or use of monopoly

The establishment, maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce, any part of which is within this state, by any person for the purpose of excluding competition or controlling, fixing or maintaining prices is unlawful.
A.R.S. § 44-7010 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7010
44-7010 Effect of change or error
Status: in_force

44-7010. Effect of change or error

A. The following apply to any change or error in an electronic record that occurs in a transmission between the parties to a transaction:

1. If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.

2. In an automated transaction that involves an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:

(a) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person.

(b) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record.

(c) Has not used or received any benefit or value from the consideration, if any, received from the other person.

B. If subsection A, paragraphs 1 and 2 do not apply, the change or error has the effect provided by other applicable law, including the law of mistake, and the parties' contract, if any.

C. The parties to the transaction shall not agree to vary the requirements prescribed in subsection A, paragraph 2 and subsection B.
A.R.S. § 44-3135 — Arizona Code / Title 44 / Chapter 13 / Article 3 / Section 3135
44-3135 No-action letters
Status: in_force

44-3135. No-action letters

The director may formally respond to written requests from interested persons for interpretative no-action letters as provided in section 44-1826.
A.R.S. § 44-1251 — Arizona Code / Title 44 / Chapter 9 / Article 4 / Section 1251
44-1251 Definitions
Status: in_force

44-1251. Definitions

In this article, unless the context otherwise requires:

1. "Beverage" means beer or other malt beverages, mineral water, soda water and similar carbonated soft drinks, fruit juices and vegetable juices in liquid form which are intended for human consumption.

2. "Consumer" means a person who purchases a beverage in this state in a container for use or consumption.

3. "Container" means the individual, separate can sealed or under pressure of carbonation which is composed of metal and contains a beverage.
A.R.S. § 44-1797.15 — Arizona Code / Title 44 / Chapter 11 / Article 14 / Section 1797.15
44-1797.15 Transfer to another entity of duty or obligation to provide services; defense in action for enforcement or collection on contract; definition
Status: in_force

44-1797.15. Transfer to another entity of duty or obligation to provide services; defense in action for enforcement or collection on contract; definition

A. Any transfer by a discount buying organization of its duty or obligation to provide services to buyers under its contracts for discount buying services to another individual, corporation or other business entity as a result of which a buyer has available substantially fewer goods and services constitutes a complete defense to an action for further enforcement of or collection on such a contract for discount buying services which may be asserted by any buyer who did not consent in writing, after a full and fair disclosure of the categories of goods and services to be provided by the new discount buying organization, to such transfer of the duty or obligation of performance and entitles such a nonconsenting individual to rescind the contract and obtain a pro rata refund from the transferor.

B. For the purposes of this section, "substantially fewer goods and services" is defined to be less than seventy-five per cent of the lines of merchandise, catalogs or types of services available than at the time the buyer entered into the contract with the discount buying organization.
A.R.S. § 44-1949 — Arizona Code / Title 44 / Chapter 12 / Article 9 / Section 1949
44-1949 Duty of dealer to give notice of termination of employment of salesman; automatic suspension of salesman's registration; notice of employment of salesman
Status: in_force

44-1949. Duty of dealer to give notice of termination of employment of salesman; automatic suspension of salesman's registration; notice of employment of salesman

Each registered dealer shall promptly notify the director of the termination of the employment of a registered salesman.  The registration of the salesman shall automatically be suspended from the time of termination of the employment until the salesman is again employed by a registered dealer and the director is notified by the dealer in writing or by the CRD system, and the registered dealer is notified of approval of the registration by the director or the CRD system or the salesman has complied with all requirements in accordance with a temporary agent transfer program utilized by the CRD system and the commission.
A.R.S. § 44-1552 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1552
44-1552 Disclosures to be made by distributor before conclusion of agreement
Status: in_force

44-1552. Disclosures to be made by distributor before conclusion of agreement

A distributor shall disclose to any prospective dealer the following information before any franchise agreement is concluded:

1. The gallonage volume history of gasoline sold to the previous dealer or dealers at the same premises and during a three-year period immediately past or such shorter period during which the same premises were used for engaging in the sale of gasoline while the franchise or business operation was in effect.

2. To the extent previously made available to the distributor, the name and last known address of the previous dealer or dealers for the preceding three years or such shorter period during which the premises were used for engaging in the sale of petroleum products.

3. Any legally binding commitments for the sale, demolition or other disposition of the location.

4. The training programs, if any, and the specific goods and services the distributor will provide for and to the dealer.

5. Full disclosure of any and all obligations which will be required of the dealer.

6. Full disclosure of all restrictions on the sale, transfer and termination of the agreement. Any disclosure required by this section may be made in the body of the franchise agreement or separately.
A.R.S. § 44-1682 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1682
44-1682 Suspension, restoration of licenses; appeal
Status: in_force

44-1682. Suspension, restoration of licenses; appeal

The board of supervisors may suspend and restore licenses as they may deem necessary or reasonable to insure compliance with the provisions of this article. Appeal from a decision of the board of supervisors may be made by the licensee or any aggrieved person within ten days from date of filing of the decision of the board of supervisors, to the superior court of the county in which the license was issued. The appeal may be taken by the issuance of an order to show cause directed to the board of supervisors, or by any other appropriate legal remedy afforded by law.
A.R.S. § 44-1410 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1410
44-1410 Limitations of actions
Status: in_force

44-1410. Limitations of actions

A. An action under section 44-1407 to recover a civil penalty is barred if it is not commenced within four years after the cause of action accrues.

B. An action under section 44-1408 to recover damages is barred if it is not commenced within four years after the cause of action accrues, or within one year after the conclusion of any timely action brought by the state under section 44-1407 or 44-1408, subsection A, based in whole or in part on any matter complained of in the action for damages, whichever is later.
A.R.S. § 44-1531.01 — Arizona Code / Title 44 / Chapter 10 / Article 7 / Section 1531.01
44-1531.01 Consumer protection-consumer fraud revolving fund; use of fund
Status: in_force

44-1531.01. Consumer protection-consumer fraud revolving fund; use of fund

A. The consumer protection-consumer fraud revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. Monies in the fund are subject to legislative appropriation. Monies in the fund are exempt from the provisions of section 35-190, relating to lapsing of appropriations.

B. The fund consists of the following:

1. Any investigative or court costs, attorney fees or civil penalties recovered for the state by the attorney general as a result of enforcement of either state or federal statutes pertaining to consumer protection or consumer fraud, whether by final judgment, settlement or otherwise, except that the costs, penalties or fees recovered by a county attorney shall be retained in the county and used for investigative operations for consumer protection in the county.

2. Monies deposited pursuant to section 41-5603.

C. The attorney general shall use the monies in the fund for operating expenses, including any cost or expense associated with the tobacco master settlement agreement arbitration, consumer fraud education and investigative and enforcement operations of the consumer protection division.

D. Notwithstanding subsection C of this section, the attorney general may use up to $335,000 annually from the fund to continue the operation of the federally recognized internet crimes against children task force program. This program shall coordinate a national network of task forces that assist federal, state, local and tribal law enforcement agencies in investigations, forensic examinations and prosecutions related to the technology-facilitated sexual exploitation of children and internet crimes against children.

E. On or before January 15, April 15, July 15 and October 15, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate, the speaker of the house of representatives, the secretary of state and the staff director of the joint legislative budget committee, a full and complete account of the receipts and disbursements from the fund in the previous calendar quarter.

F. On or before January 15, April 15, July 15 and October 15, each county attorney who retains monies pursuant to subsection B of this section shall provide the county board of supervisors with a full and complete account of the receipts and disbursements of the monies in the previous calendar quarter.
A.R.S. § 44-1799.03 — Arizona Code / Title 44 / Chapter 11 / Article 17 / Section 1799.03
44-1799.03 Record keeping
Status: in_force

44-1799.03. Record keeping

A. A pet dealer shall maintain a written record on the health, status and disposition of each cat and dog at the time of sale for at least one year after the cat or dog is sold or as otherwise provided by law.

B. The records shall contain all of the information that is required by section 44-1799.02 and shall be made available to animal control officers, law enforcement officers and representatives of the county health or environmental services department for inspection during normal business hours.
A.R.S. § 44-1375.01 — Arizona Code / Title 44 / Chapter 9 / Article 19 / Section 1375.01
44-1375.01 Applicability
Status: in_force

44-1375.01. Applicability

A. This article applies to the following types of new products sold, offered for sale or installed in this state:

1. Automatic commercial icemakers.

2. Commercial clothes washers.

3. Commercial prerinse spray valves.

4. Commercial refrigerators, freezers and refrigerator freezers.

5. Illuminated exit signs.

6. Large packaged air conditioning equipment.

7. Low voltage dry type distribution transformers.

8. Metal halide lamp fixtures.

9. Single voltage external AC to DC power supplies.

10. Torchieres.

11. Traffic signal modules.

12. Unit heaters.

13. Portable electric spas.

14. Residential pool pumps and residential pool pump motors.

B. This article does not apply to:

1. New products manufactured in this state and sold outside this state.

2. New products manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state.

3. Products installed in mobile manufactured homes at the time of construction.

4. Products designed expressly for installation and use in recreational vehicles.

5. Products installed in a laundry facility located within an apartment complex or mobile home park at the time of construction or replacement.  For the purposes of this paragraph, "apartment complex" means any real property that has one or more structures and that contains four or more dwelling units for rent or lease that are subject to the Arizona residential landlord and tenant act prescribed by title 33, chapter 10.
A.R.S. § 44-7009 — Arizona Code / Title 44 / Chapter 26 / Article 1 / Section 7009
44-7009 Attribution and effect of electronic record and signature
Status: in_force

44-7009. Attribution and effect of electronic record and signature

A. An electronic record or electronic signature is attributable to a person if the record or signature was the act of the person or the person's electronic agent.  The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

B. The effect of an electronic record or electronic signature that is attributed to a person under subsection A is determined from the context and surrounding circumstances at the time the record or signature was created, executed or adopted, including the parties' agreement, if any, and as otherwise provided by law.
A.R.S. § 44-3211 — Arizona Code / Title 44 / Chapter 13 / Article 7 / Section 3211
44-3211 Initiation of hearing; purpose of hearing
Status: in_force

44-3211. Initiation of hearing; purpose of hearing

The commission may order a hearing on its own initiative or at the written request of any interested person, either before or after licensure of an investment adviser or investment adviser representative:

1. For the purpose of administering or obtaining information necessary in the enforcement of this chapter or the rules or orders of the commission adopted or issued under this chapter.

2. To enable the commission to take appropriate action in connection with any pending application for licensure of any investment adviser or investment adviser representative.

3. To modify the terms and conditions of any license, order or notice filing.

4. To determine whether the license of any investment adviser or investment adviser representative should be denied, suspended or revoked.
A.R.S. § 44-1361 — Arizona Code / Title 44 / Chapter 9 / Article 12 / Section 1361
44-1361 Definitions
Status: in_force

44-1361. Definitions

In this article, unless the context otherwise requires:

1. "Check casher" means any person who engages in the business of cashing payment instruments more than ten times in any calendar year and who receives compensation of at least five hundred dollars during any thirty day period for cashing payment instruments.  Check casher does not include:

(a) Any person who does business pursuant to any law of this state or any other state if the business conducted in this state is regulated by an agency of this state, of another state or of the United States and the business relates to a bank, savings bank, trust company, savings and loan association or credit union.

(b) Any international banking corporation, a branch office of a foreign bank, a corporation that is organized pursuant to the bank service company act (12 United States Code sections 1861 through 1867) or a corporation that is organized pursuant to the edge act (12 United States Code sections 611 through 633).

(c) The United States or any department, agency, subdivision or instrumentality of the United States.

(d) The United States postal service.

(e) Any state or any department, agency, subdivision or instrumentality of any state.

(f) Electronic funds transfers of government benefits for a federal, state or governmental agency by a contractor on behalf of the United States or any state or a department, agency, subdivision or instrumentality of the United States or any state.

(g) Any person who provides clearance or settlement services pursuant to a registration as a clearing agency or who is exempt from registration pursuant to federal securities laws to the extent of the person's operation as a clearance or settlement service provider.

(h) Any operator of a payment system that provides processing, clearing or settlement services between or among persons who are excluded by this paragraph.

(i) Any person who is registered as a securities broker dealer pursuant to federal securities laws to the extent of the person's operation as a securities broker dealer.

(j) A person who is engaged in the business of issuing, selling or redeeming stored value instruments that are subject to regulation, supervision and examination by a federal or state banking agency that does not issue, sell or redeem stored value instruments to or from individuals.

2. "Payment instrument" means any check, draft, money order, traveler's check in record form, stored value instrument or other instrument for the transmission or payment of money, whether negotiable, and in record form.  Payment instrument does not include a credit card voucher, a letter of credit or any instrument that is redeemable by the issuer in goods or services.
A.R.S. § 44-322 — Arizona Code / Title 44 / Chapter 3 / Article 1 / Section 322
44-322 Requests for reports; examination of records
Status: in_force

44-322. Requests for reports; examination of records

A. The department may require any person who has not filed a report or any person who the department believes has filed an inaccurate, incomplete or false report to file a verified report in a form specified by the department.  The report shall:

1. State whether the person is holding property that is reportable under this chapter.

2. Describe the property not previously reported or property about which the department has inquired.

3. Identify and state the amount of property that may be in issue.

B. At reasonable times and on reasonable notice, the department may examine the records of any person to determine whether the person has complied with this chapter.  The department may conduct the examination even if the person believes that it is not in possession of any property that must be reported, paid or delivered pursuant to this chapter.

C. At reasonable times the department may examine the records of an agent, including a dividend disbursing agent or transfer agent, of a business association or financial organization that is the holder of property presumed abandoned if the department has given the notice prescribed in subsection B of this section to both the association or organization and the agent at least ninety days before the examination.

D. Documents and working papers that the department or the department's agent, employee or designated representative obtains or compiles in the course of conducting an examination are confidential and are not public records.  However, notwithstanding sections 42-2003 and 44-315, the documents and papers may be:

1. Used by the department in the course of an action to collect unclaimed property or otherwise enforce this chapter.

2. Used in joint examinations conducted with or pursuant to an agreement with another state, the federal government or any other governmental subdivision, agency or instrumentality.

3. Produced pursuant to subpoena or court order.

4. Disclosed to the abandoned property office of another state for that state's use in circumstances that are equivalent to those described in this subsection, if the other state is bound to keep the documents and papers confidential.

E. If an examination of the records of a person results in the disclosure of property that is reportable under this chapter, the department may assess the cost of the examination against the holder at the rate of one hundred dollars each day for each examiner, but the assessment shall not exceed the value of the property found to be reportable.  The department may assess the cost of an examination made pursuant to subsection C of this section only against the business association or financial organization.

F. If a holder does not maintain the records required in section 44-323 and the records of the holder that are available for the periods subject to this chapter are insufficient to allow the preparation of a report, the department may require the holder to report and pay to the department the amount that the department reasonably believes, based on the holder's available records or any other reasonable method of estimation, should have been but was not reported.  The method of estimation shall be agreed to by the holder or shall be a statistically valid sampling method.
A.R.S. § 44-1366 — Arizona Code / Title 44 / Chapter 9 / Article 13 / Section 1366
44-1366 Consumer services; delinquency fees; collection fees
Status: in_force

44-1366. Consumer services; delinquency fees; collection fees

A. Unless otherwise prohibited by law, a seller of consumer services may impose a delinquency fee on any consumer with an account that has an unpaid balance of more than ten dollars if the following conditions are met:

1. For a sale of consumer services for which periodic charges begin after December 31, 2000, the seller provides the consumer with a notice written in ten point bold type and in a clear and conspicuous manner that the seller imposes a fee on delinquent accounts and provides the notice not later than at the time the seller and consumer enter into the initial agreement for services.

2. At least ten days before the date that the seller imposes the fee, the seller notifies the consumer of the amount of the fee that the seller will impose if the seller does not receive the consumer's delinquent payment and the earliest date on which the seller will impose the fee.  The notice prescribed in this paragraph shall appear clearly and conspicuously on the face of any invoice or other similar written document in at least ten point bold type, and the seller shall send the notice by first class mail to the consumer's last known billing address as shown on the seller's records.

3. The notice shall clearly and conspicuously identify the place and address for making the payment.

4. The consumer's invoice specifies a due date that is not before the tenth day of the service period for which the invoice is issued.

5. The seller imposes the fee at least fifteen days after the due date specified on the invoice.

6. The fee imposed by the seller is not more than five dollars for an unpaid balance of twenty-five dollars or less, or for an unpaid balance of more than twenty-five dollars, ten dollars or five per cent of the balance, whichever is more.

B. In any consumer service transaction the seller may impose a collection fee that is not more than ten dollars and that is in addition to the delinquency fee prescribed in subsection A if the seller does both of the following:

1. Sends an employee, agent or contractor of the seller to the consumer's premises to collect the payment or to disconnect or discontinue the service.

2. For a sale of consumer services for which periodic charges begin after December 31, 2000, provides the consumer with a written notice that the seller imposes a fee on delinquent accounts and provides the notice not later than at the time the seller and consumer enter into the initial agreement for services.

C. This article does not:

1. Impair the enforceability of an agreement that is for the sale of a service to a person who is not a consumer and that provides for the imposition of a delinquency fee on any unpaid balance.

2. Apply to consumer services that are subject to the jurisdiction of the corporation commission.
A.R.S. § 44-1850 — Arizona Code / Title 44 / Chapter 12 / Article 4 / Section 1850
44-1850 Viatical or life settlement investment contracts
Status: in_force

44-1850. Viatical or life settlement investment contracts

A. Section 44-1841 does not apply to viatical or life settlement investment contracts if either:

1. The person who assigns, transfers, sells, devises or bequests any portion of the death benefit under or ownership of either an insurance policy or certificate of insurance does not enter into more than three viatical or life settlement investment contracts in any calendar year.

2. All of the following apply:

(a) At least ten days before the initial sale of a viatical or life settlement investment contract within or from this state, and every twelve months after the initial filing date if the issuer continues to offer securities within or from this state, the issuer files with the commission all of the following:

(i) A notice of the issuer's intent to sell securities pursuant to this section that includes the issuer's name, the issuer's type of organization, the state in which the issuer is organized, the date the issuer intends to begin selling securities within or from this state, the issuer's principal business and mailing address and a statement that the issuer is not prohibited pursuant to subsection E of this section from claiming an exemption pursuant to this subsection.  An authorized officer of the issuer shall sign the notice and the signature shall be notarized.

(ii) A consent to service of process.

(iii) An audit report of an independent certified public accountant 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 as of a date within fifteen months before the date of filing the notice prescribed in this subdivision.  The financial statements listed in this subdivision shall be prepared in conformity with generally accepted accounting principles and shall be examined in accordance with generally accepted auditing standards.  If the date of the audit report is more than one hundred twenty days before the date of filing the notice prescribed in this subdivision, the issuer shall provide unaudited interim financial statements prepared in conformity with generally accepted accounting principles.

(b) The issuer discloses to the offeree in writing all of the following:

(i) The purchaser's right to rescind or cancel the investment and receive a refund.

(ii) The name, address and telephone number of the issuing insurance company.

(iii) The total value of the policy and the percentage of the policy the purchaser will own.

(iv) The policy number, issue date and type.

(v) If a group policy, the name, address and telephone number of the group and, if applicable, the material terms and conditions of converting the policy to an individual policy, including the amount of increased premiums.

(vi) If a term policy, the term and the name, address and telephone number of the person who will be responsible for renewing the policy if necessary.

(vii) Whether the policy is contestable.

(viii) If a contestable policy, the risk that the insurance company may cancel the policy or refuse to pay a claim made during the contestable period.

(ix) The policy premiums and terms of policy payments.

(x) The amount of the purchaser's monies that will be set aside to pay premiums.

(xi) The name, address and telephone number of the person who will be the policy owner and the person who will be responsible for paying premiums.

(xii) The date on which the purchaser will be required to pay premiums if necessary and the amount of the premium.

(xiii) The separate amounts of the purchaser's monies that will be used to pay the seller's commission, purchase the policy and pay administrative expenses and other transaction costs.

(xiv) Any other disclosure required by the commission.

B. At least ten days before use within this state, an issuer shall file with the commission all advertising and sales materials that will be published, exhibited, broadcast or otherwise used, directly or indirectly, in the offer or sale of a viatical or life settlement investment contract.

C. A purchaser of a viatical or life settlement investment contract that was purchased pursuant to this section may rescind or cancel the viatical or life settlement investment contract pursuant to this section. The purchaser may rescind or cancel the investment at any time before seven calendar days after the date the purchaser pays the required consideration to the issuer or the issuer's agent or the date the purchaser receives the written disclosures required under subsection A of this section, whichever is later.  The purchaser shall notify the issuer or the issuer's agent in writing of the rescission or cancellation.  No specific form is required for the rescission or cancellation.  The rescission or cancellation is effective when personally delivered, deposited in the United States mail or deposited with a commercial courier or delivery service.  The issuer shall refund all the purchaser's money within seven calendar days after receiving the notice of rescission or cancellation.

D. The commission may deny or revoke an exemption pursuant to subsection A of this section.  A denial or revocation of the exemption is effective on the date the commission signs the notice of denial or revocation.  The commission may deny or revoke the exemption if the commission finds any of the following:

1. The notice filing, advertising materials, sales materials or disclosures made to offerees are incomplete, inaccurate or misleading.

2. The sale of the securities operates or would operate as a fraud or deceit on investors.

3. The issuer is insolvent or is in an unsound financial condition.

4. The issuer has refused to allow the commission to examine the issuer's affairs or has failed or refused to provide information to the commission that is required by this chapter or any rule or order of the commission.

5. The issuer has failed to reasonably supervise the issuer's salesmen.

6. The issuer has knowingly retained a salesman after notice that the salesman has committed an offense under this chapter or has been convicted of an offense or is subject to an order or judgment as described in subsection E of this section.

E. The securities of an issuer are not exempt pursuant to subsection A of this section if the issuer or any of its affiliates, directors, officers, general partners or beneficial owners of at least ten per cent of any class of its equity securities or managing underwriter of the securities:

1. Has been convicted of a felony involving racketeering or a transaction in securities or of which fraud is an essential element or of any offense listed in section 13-2301, subsection D, paragraph 4.

2. Has been convicted within the ten years before or at any time after the filing of a notice of intent to sell securities pursuant to this section of a misdemeanor involving racketeering or a transaction in securities or of which fraud or dishonesty is an essential element.

3. Is subject to an order or judgment of a court of competent jurisdiction or any state or federal administrative tribunal entered within ten years before or at any time after the filing of a notice of intent to sell securities pursuant to this section and that either:

(a) Enjoins or restrains that person from engaging in or continuing any conduct or practice in connection with the sale or purchase of securities or the business of insurance.

(b) Involves fraud, deceit, racketeering or consumer protection laws.

4. Is subject to the reporting requirements of the securities exchange act of 1934 and has not filed all required reports during the twelve calendar months before the filing of a notice of intent to sell securities pursuant to this section.

5. Is subject to an order of an administrative tribunal, an SRO or the SEC denying, suspending or revoking for at least six months a membership, registration or license to do any of the following:

(a) Act as a broker, dealer or salesman of securities.

(b) Act as an investment adviser or investment adviser representative as defined in section 44-3101.

F. The commission at its discretion may waive any disqualification caused by subsection E of this section if the waiver would not be contrary to the public interest.  A disqualification under subsection E of this section ceases to exist if the basis for the disqualification has been removed by the jurisdiction that created it.

G. Subsection E, paragraph 3, subdivision (a) of this section does not exclude securities from the exemption provided in subsection A of this section, but may be a basis for denial or revocation pursuant to subsection D of this section, if all of the following apply:

1. The order of judgment is related to a viatical or life settlement investment contract.

2. The issuer provides the commission with a copy of the order or judgment at the time the initial notice is filed pursuant to subsection A, paragraph 2, subdivision (a) of this section or within twenty business days after entry of the order or judgment, whichever occurs last.

3. At the time the order or judgment is entered, the law of the issuing jurisdiction does not include a specific statute, regulation, rule or controlling judicial decision that requires the registration of a viatical or life settlement investment contract or its equivalent as a security.

H. Attempted compliance with this section does not act as an exclusive election.
A.R.S. § 44-3133 — Arizona Code / Title 44 / Chapter 13 / Article 3 / Section 3133
44-3133 Power to require testimony and production of records; order of nondisclosure
Status: in_force

44-3133. Power to require testimony and production of records; order of nondisclosure

A. For the purpose of investigations or hearings that, in the opinion of the commission, are necessary and proper for the enforcement of this chapter, any member of the commission, the director or any officer or officers designated by the commission may administer oaths and affirmations, subpoena witnesses, take evidence and require by subpoena duces tecum or by citation the production of books, papers, contracts, agreements or other documents, records or information, whether filed or kept in original form or electronically stored or recorded, that the commission deems relevant or material to the inquiry.

B. The commission may issue and apply to enforce a subpoena in this state at the request of a securities agency or administrator of another state if the activities constituting an alleged violation for which the information is sought would be a violation of this chapter if the activities had occurred in this state.

C. In connection with the power to enforce the production of evidence by subpoena vested in the commission by article XV of the Constitution of Arizona and the commission's power to conduct private investigations pursuant to section 44-3132, the commission has the authority to order a financial institution not to disclose the existence or content of the subpoena to persons not affiliated with the financial institution other than to the financial institution's legal counsel.  The commission shall exercise such power if the commission finds it necessary or appropriate in the public interest or for the protection of investors.
A.R.S. § 44-1555 — Arizona Code / Title 44 / Chapter 10 / Article 8 / Section 1555
44-1555 Permitted practices
Status: in_force

44-1555. Permitted practices

Nothing in this article shall prevent a distributor from imposing upon a dealer from time to time reasonable standards of performance, provided that such standards be enforced to the extent reasonable at the time of required performance.
A.R.S. § 44-1415 — Arizona Code / Title 44 / Chapter 10 / Article 1 / Section 1415
44-1415 Notice to attorney general; appearance
Status: in_force

44-1415. Notice to attorney general; appearance

A. A person filing a complaint, counterclaim or answer for any violation of the provisions of this article shall simultaneously with the filing of the pleading in the superior court or, in the case of pendent state law claims in the federal court, serve a copy of the complaint, counterclaim or answer on the attorney general. Proof of service on the attorney general shall be filed with the court.

B. A person who commences, by special action or appeal, any proceeding in any state or federal appellate court in which a violation of this article is alleged or any application of this article appears to be in issue shall serve notice of the special action or appeal on the attorney general within three days after the commencement of the proceeding, provided that the time may be extended by leave of the court for good cause shown.

C. The state may appear as amicus curiae in any civil action or proceeding pending before any Arizona court, agency, board or commission in which matters related to this article appear to be in issue.

D. Service of any notice required under this section does not limit or otherwise affect the right of this state to maintain an action under this article or intervene in a pending action nor does it authorize the person to name this state or the attorney general as a party to the action.
A.R.S. § 44-1294 — Arizona Code / Title 44 / Chapter 9 / Article 7 / Section 1294
44-1294 Enforcement
Status: in_force

44-1294. Enforcement

Violation of this article is declared to be an unlawful practice and is subject to all of the penalties and enforcement procedures provided in chapter 10, article 7 of this title.
A.R.S. § 44-288 — Arizona Code / Title 44 / Chapter 2.1 / Article 1 / Section 288
44-288 Insurance provisions of contract
Status: in_force

44-288. Insurance provisions of contract

A. The amount, if any, included for insurance, which may be purchased by the holder of the retail installment contract, shall not exceed the applicable premiums chargeable in accordance with the rates filed with the director of the department of insurance and financial institutions.

B. If dual interest insurance on the motor vehicle is purchased by the seller or seller's assignee, as the case may be, it shall within thirty days after execution of the retail installment contract send or cause to be sent to the buyer a policy, or policies, or certificates of insurance written by an insurance company authorized to do business in this state, clearly setting forth the amount of the premium, the kind or kinds of insurance, the coverages and all the terms, options, limitations, restrictions and conditions of the contract or contracts of insurance.  The buyer at the time of execution of the contract may purchase such insurance from an agent or broker of the buyer's own selection and may select an insurance company acceptable to the holder, but in such case the inclusion of the insurance premium in the retail installment contract shall be optional with the seller.

C. If any insurance is canceled, or the premium adjusted, any refund of the insurance premium received by the holder shall be credited to the contract except to the extent applied toward payment for similar insurance protecting the interests of the buyer and the holder or either of them.
A.R.S. § 44-1675 — Arizona Code / Title 44 / Chapter 11 / Article 5 / Section 1675
44-1675 Verification
Status: in_force

44-1675. Verification

The applicant shall verify under oath or affirmation that all the data and statements in the application and inventory are true and correct.
A.R.S. § 44-1501 — Arizona Code / Title 44 / Chapter 10 / Article 6 / Section 1501
44-1501 Definitions
Status: in_force

44-1501. Definitions

In this article, unless the context otherwise requires:

1. "Operator" includes a manager or any person in charge of the operation of motels, motor hotels, motor courts, motor camps, hotels, and like establishments. "Operator" or "owner" includes natural persons, firms, and corporations.

2. "Outdoor sign" or "outside sign" means any sign visible to passers-by whether it is located within or without the building.

3. "Room rates" means the rates at which rooms or other accommodations are rented to occupants.
A.R.S. § 44-1215 — Arizona Code / Title 44 / Chapter 9 / Article 2 / Section 1215
44-1215 Salting gold or silver ore to defraud; classification
Status: in_force

44-1215. Salting gold or silver ore to defraud; classification

A person who mingles with a sample of gold or silver bearing ore, any metal or substance whatever which will in any manner change the value of the ore, with intent to deceive, cheat or defraud any person, is guilty of a class 6 felony.