reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1272.01 - Limited registration; penalty; violation; classification

44-1272.01.
Limited registration;  penalty;  violation;  classification
A. Any seller who is listed in section 44-1273,  subsection B shall file with the secretary of state a limited registration statement on a form prescribed by the secretary of state before the seller solicits any consumer from a location in this state or any consumer located in this state.
B. If there is a change in any of the information required by subsection C of this section,  within ten days after the change the seller shall file a supplemental statement with the secretary of state.
C. Each limited registration statement shall include all of the following information:
1. The true legal name of the seller.
2. All of the names under which the seller is doing business or intends to do business.
3. The complete street address of the physical location of the principal place of business of the seller and the telephone number for the location.
4. The name and address of the seller's agent who is authorized to receive service of process. Alternatively,  the seller may designate the secretary of state to receive service of process.
5. The reason the seller is exempt from full registration.
6. The name and address of the person who files the limited registration statement.
D. A seller who files a limited registration statement pursuant to this section is not required to pay a filing fee and is not required to file and maintain a bond.
E. Compliance with the limited registration prescribed in this section does not constitute an approval or endorsement by this state of the seller's limited registration or conduct.
F. The secretary of state may send by certified mail a notice of failure to file a limited registration statement pursuant to this section to any seller who is listed in section 44-1273,  subsection B and who fails to comply with the limited registration prescribed in this section. The seller shall comply with the limited registration prescribed in this section within thirty days after receiving the notice from the secretary of state and shall pay a late registration penalty of twenty-five dollars. If the seller does not comply with this subsection,  the seller is guilty of a class 3 misdemeanor.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1274 - Bond; amount; filing; beneficiaries; cancellation

44-1274.
Bond;  amount;  filing;  beneficiaries;  cancellation
A. A seller shall maintain a bond of one hundred thousand dollars issued by a surety company duly authorized to do business in this state. The bond shall be filed with the state treasurer. No control or beneficiary interest may be held by the seller in the surety or by the surety company in the seller.
B. The bond required by subsection A of this section shall be in favor of this state to be held in trust by the state treasurer for the benefit of any consumer who suffers financial damage as a result of a violation of this article or an unlawful practice pursuant to section 44-1522.
C. A consumer who makes a claim against the bond may maintain an action against the seller and the surety,  except that the surety is liable only for any monies paid by the consumer to the seller or solicitor,  plus reasonable attorney fees. The surety bond may be sued upon in successive actions until the full amount is exhausted. A consumer may not commence suit on the bond more than four years after the act or omission on which the suit is based. Subject to the limitations in this article,  a surety is liable for damages for an act or omission during the time the bond is in effect.
D. The aggregate liability of the surety to all consumers for all breaches of the conditions of the bond provided in this section shall not exceed the amount of the bond.
E. A surety for any cause may cancel the bond by giving sixty days' written notice by certified mail of the cancellation to the state treasurer,  the attorney general and the seller. On or before the effective date of the cancellation of the bond,  the seller shall either obtain a new bond which meets the requirements of this section and file a copy of the new bond with the state treasurer or make a cash deposit.
F. In lieu of furnishing the surety bond as required by this section,  the seller may deposit with the state treasurer a cash deposit in the required amount.
G. The state treasurer shall maintain cash deposited pursuant to this section in an interest bearing trust account on behalf of the depositor. Deposits plus accrued interest may be withdrawn,  if there are no outstanding claims against them,  four years after the seller ceases to do business in this state. Deposits may be withdrawn four years after the filing of a surety bond as a replacement to the cash deposit.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1276.02 - Business opportunity contracts in writing; required information

44-1276.02.
Business opportunity contracts in writing;  required information
A. A business opportunity contract or agreement shall be in writing and shall be given to the consumer with the disclosure document required under section 44-1276.01.
B. A business opportunity contract or agreement shall include the following:
1. The terms and conditions of payment.
2. A full and detailed description of the acts or services that the seller undertakes to perform for the consumer.
3. The seller's principal business address and the name and address of its agent in this state that is authorized to receive service of process.
4. The approximate delivery date of any goods that the seller is to deliver to the consumer and an approximate timetable for performance of services necessary to begin substantial operation of the business.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1276.03 - Business opportunity contract cancellation

44-1276.03.
Business opportunity contract cancellation
A consumer may cancel a business opportunity contract or agreement with a seller for any reason at any time within ten business days after the date that the consumer signs the contract or agreement or the date that the seller notifies the consumer in writing that the contract or agreement is accepted by the seller,  whichever is later.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1277 - Violation; classification

44-1277.
Violation;  classification
A. Except as provided in section 44-1273,  it is unlawful for a seller to engage in a telephone solicitation unless the seller is registered pursuant to section 44-1272.
B. A seller or solicitor engaged in a recovery service shall not charge or receive any money or other valuable consideration from a consumer before full and complete performance of the service that the seller or solicitor has agreed to perform for or on behalf of the consumer.
C. A seller or solicitor who violates this section is guilty of a class 5 felony.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1280 - Subpoena; failure to supply information or obey subpoena; confidentiality of information; violation; classification

44-1280.
Subpoena;  failure to supply information or obey subpoena;  confidentiality of information;  violation;  classification
A. The county attorney or attorney general,  in addition to other powers conferred on him by this article,  may issue and serve in the manner provided under section 13-4072 a subpoena to a custodian of records of a public service corporation as defined by section 40-341 requesting:
1. The name and billing address for a subscriber.
2. The physical location of the service address assigned to a subscriber.
3. The long-distance service provider.
4. Subscriber credit information.
B. If a custodian of records of a public service corporation fails or refuses to fully comply with a subpoena issued under this section,  the county attorney or attorney general may file a petition with the superior court and,  after notice and hearing on the petition,  request the following orders until the custodian of records complies:
1. Adjudging the custodian of records or corporation in contempt of court.
2. Granting such other relief as the court deems proper.
3. Granting reasonable attorney fees to the state or county.
C. If the county attorney or attorney general determines that disclosure to the custodian of records of a public service corporation of the evidence relied on to establish reasonable cause would not be in the best interests of the investigation,  he may request and the court may examine the evidence in camera and thereafter make its determination.
D. A person releasing information obtained pursuant to this section,  except in the proper discharge of official duties,  is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1281 - Duties of secretary of state

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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1282 - National do-not-call registry; prohibitions; enforcement; civil penalty; definition

44-1282.
National do-not-call registry;  prohibitions;  enforcement;  civil penalty;  definition
A. A seller or solicitor or anyone acting on behalf of a seller or solicitor shall not initiate an outbound telephone solicitation call or text message to any telephone number if the telephone number is entered in the national do-not-call registry established by the federal trade commission pursuant to the do-not-call implementation act,  except that this section does not apply to any telephone solicitation that would be authorized or permitted by federal law or regulation relating to a telephone solicitation or to calls made by or on behalf of a seller or solicitor who is licensed pursuant to title 32,  chapter 20 if the calls are made under any of the following circumstances:
1. In regard to a past or present employment agreement with the consumer pursuant to title 32,  chapter 20,  article 3 and who is calling in regard to a subject reasonably related to the employment agreement.
2. In response to a referral from a natural person with whom the consumer has a personal relationship.
3. In response to an express request or permission of a consumer whose telephone number is entered in the national do-not-call registry.
B. A violation of this section is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action pursuant to chapter 10,  article 7 of this title,  but a civil penalty under section 44-1531 for a violation of this section shall not exceed $1, 000 per violation. This subsection is in addition to all other causes of action,  remedies and penalties available to this state. All monies collected as fines and civil penalties pursuant to this subsection shall be credited to the state general fund.
C. For the purposes of this section,  " do-not-call implementation act"  means the do-not-call implementation act (P.L. 108-10;  117 Stat. 557) as enacted on March 11,  2003 and federal regulations adopted to implement that act.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1291 - Definitions

44-1291.
Definitions
In this article,  unless the context otherwise requires:
1. " Aftermarket crash part"  means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle,  including the inner and outer panels.
2. " Installer"  means an individual who actually does the work of replacing or repairing parts of a motor vehicle.
3. " Nonoriginal equipment manufacturer aftermarket crash part"  means an aftermarket crash part which is not made for or by the manufacturer of the motor vehicle.
4. " Repair facility"  means a motor vehicle dealer,  garage,  body shop or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1293 - Disclosure on use of aftermarket crash part

44-1293.
Disclosure on use of aftermarket crash part
A motor vehicle repair facility or motor vehicle parts installer shall not use a nonoriginal equipment manufacturer aftermarket crash part to repair a vehicle unless the part meets the specifications of section 44-1292 and unless the consumer is advised in a written notice attached to or printed on a repair estimate which:
1. Clearly identifies each part.
2. Contains the following information in ten point or larger type:
" This estimate has been prepared based on the use of replacement parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1301 - Definitions

44-1301.
Definitions
In this article,  unless the context otherwise requires:
1. " Damage"  means any cracking,  bubbling,  cutting,  chunking or separation of the tire sidewall or tread,  including exposed body ply or belt material,  or any visible deterioration of the tire bead or inner liner.
2. " Improper repair"  means any puncture repair of damage larger than one-fourth of an inch,  any puncture repair to a tire sidewall,  the tread shoulder or belt edge area,  or a puncture repair that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside.
3. " Motor vehicle"  means any automobile,  motorcycle,  truck,  trailer,  semitrailer,  truck tractor and semitrailer combination or other vehicle operated on the roads of this state,  used to transport persons or property and propelled by power other than muscular power,  but motor vehicle does not include traction engines,  vehicles that run only on a track,  bicycles or mopeds.
4. " Off road motor vehicle"  means any automobile,  motorcycle,  truck,  trailer,  semitrailer,  truck tractor and semitrailer combination,  heavy equipment used in mining or metallurgical operations,  agriculture,  construction or earth moving,  airplanes or other vehicles operated off the roads of this state,  used to transport persons or property or used for agricultural,  construction or earth moving activities and propelled by power other than muscular power,  but off road motor vehicle does not include traction engines,  vehicles that run only on a track,  bicycles or mopeds.
5. " Person"  means any public or private corporation,  company,  partnership,  firm,  association or society of persons,  the federal government and any of its departments or agencies,  this state or any of its agencies,  departments,  political subdivisions,  counties,  towns or municipal corporations,  as well as a natural person.
6. " Waste tire"  means a motor vehicle tire that is no longer suitable for its original intended purpose because of wear,  damage,  improper repair or manufacturer's recall.
7. " Waste tire collection site"  means a site where waste tires are collected before being offered for recycling or reuse and where more than five hundred tires are kept on site on any day.
8. " Wear"  means the reduction of the major groove depth of the tire to two thirty-seconds of an inch.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1303 - Waste tire collection sites; registration

44-1303.
Waste tire collection sites;  registration
A. An owner or operator of a waste tire collection site,  within six months after September 27,  1990,  shall register with the department of environmental quality and provide the department with information concerning the site's location and size and the approximate number of waste tires that are stored at the site and shall initiate steps to comply with this article.
B. Any waste tire collection site that is established after the effective date of this amendment to this section shall register with the department before beginning operation and shall pay a registration fee. After the effective date of this amendment to this section,  the director shall establish by rule a registration fee,  including a maximum fee. As part of the rule making process,  there must be public notice and comment and a review of the rule by the joint legislative budget committee. After September 30,  2013,  the director shall not increase that fee by rule without specific statutory authority for the increase. Registration fees shall be deposited,  pursuant to sections 35-146 and 35-147,  in the solid waste fee fund established by section 49-881.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1305 - Waste tire fund and program

44-1305.
Waste tire fund and program
(Rpld. 1/1/26)
A. A waste tire fund is established to be administered by the department of revenue consisting of monies collected from the fees applied to tires pursuant to this article. Monies in the fund are exempt from lapsing under section 35-190.
B. At the end of each calendar quarter the department of revenue shall certify to the department of administration and to the department of environmental quality the amounts to be paid from the fund as follows:
1. An amount not to exceed three and one-half per cent of the monies in the fund shall be transferred to the department of environmental quality for deposit in the solid waste fee fund established by section 49-881 for monitoring and enforcing this article.
2. An amount not to exceed five per cent or two hundred fifty thousand dollars,  whichever is less,  may be used by the director of the department of environmental quality for tire fire cleanup expenses if no other funds are available.
3. The remainder of the monies shall be distributed among the counties in this state in proportion to the number of motor vehicles registered in the county as of the preceding July 1. Such monies shall be used by the counties for the purposes prescribed by subsection C of this section.
C. Each county shall establish a waste tire program and shall submit by September 1 of each year a waste tire management plan to the department of environmental quality for review and approval. A waste tire program may include contracts with private enterprise to do any of the following,  either individually or collectively:
1. Develop a plan to manage waste tires in the county.
2. Construct or operate or contract for the construction or operation of a waste tire processing facility and purchase equipment for that facility.
3. Contract for a waste tire processing facility service.
4. Remove or contract for the removal of waste tires from the county or other region.
5. Establish waste tire collection centers at solid waste disposal facilities or waste tire processing facilities.
6. Develop an accounting system for the waste tires managed with monies from the waste tire fund.
D. A county with a population of less than four hundred thousand persons as determined by the most recent United States decennial census may join with any other county and pool their financial resources to establish a program pursuant to this section to address the waste tire problem.
E. The department of revenue shall provide an annual report to the legislature and to the department of environmental quality on the collection and distribution of monies in the waste tire fund.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1306 - Department of environmental quality; rules; annual county report to the department

44-1306.
Department of environmental quality;  rules;  annual county report to the department
A. The department of environmental quality shall adopt and enforce rules to carry out the provisions of this article.
B. Each county shall report by September 30 of each year to the department of environmental quality the following for the preceding fiscal year and provide a summary for each waste tire collection site:
1. The number of eligible waste tires collected each month at each collection site with a list of registered tire dealers delivering the tires to each collection site and the number of tires from each dealer.
2. The number of tires collected each month at each collection site from sources other than registered tire dealers.
3. The number of tires transported out of each collection site.
4. The estimated number of tires remaining at each collection site at the end of the preceding fiscal year.
5. Summaries of all manifests tracking the incoming and outgoing waste tires at each collection site.
6. The amount of monies received and expended pursuant to the waste tire program.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1307 - Civil penalties; environmental nuisance

44-1307.
Civil penalties;  environmental nuisance
Unless otherwise provided,  a person who violates a provision of this article,  or any rule adopted by the director pursuant to this article,  is subject to a civil penalty of not more than five hundred dollars per violation and is subject to citation under title 49,  chapter 1,  article 3,  relating to environmental nuisances. Each tire which is sold or disposed of improperly constitutes a separate violation.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1321 - Definitions

44-1321.
Definitions
In this article,  unless the context otherwise requires:
1. " Automotive recycler"  has the same meaning prescribed in section 28-101.
2. " Industrial account"  means a person or business entity that files or is required to file monthly returns for that person's or entity's transaction privilege tax license or a governmental entity that sells lead acid batteries to an automotive recycler.
3. " Lead acid battery"  means a battery with a core of elemental lead and a capacity of six or more volts that is suitable for use in a vehicle or a boat.
4. " Peace officer"  includes a law enforcement officer who is employed by the department of transportation.
5. " Used automotive components dealer" :
(a) Means any business that purchases used components of a motor vehicle with the intent to resell.
(b) Does not include:
(i) An automotive recycler who is licensed pursuant to title 28,  chapter 10.
(ii) A lead acid battery seller who is required to accept lead acid batteries pursuant to section 44-1323,  subsection A.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1322 - Disposal of lead acid batteries

44-1322.
Disposal of lead acid batteries
A. The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited.
B. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal.
C. A lead acid battery shall be discarded or disposed of only as follows:
1. A lead acid battery retailer or wholesaler may deliver a lead acid battery to any one of the following:
(a) A permitted secondary lead smelter.
(b) A battery manufacturer.
(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.
(d) In the case of battery retailers only,  an agent of a battery wholesaler.
2. A person other than a lead acid battery retailer or wholesaler may deliver a lead acid battery to any one of the following:
(a) A lead acid battery retailer or wholesaler.
(b) A permitted secondary lead smelter.
(c) A collection or recycling facility authorized by the federal environmental protection agency or the department of environmental quality.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1323 - Sale of lead acid batteries; refundable deposit; notice

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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1324 - Civil penalties; environmental nuisance

44-1324.
Civil penalties;  environmental nuisance
A person who knowingly violates section 44-1322 or 44-1323 is subject to a civil penalty of not more than five hundred dollars per violation and is subject to citation under title 49,  chapter 1,  article 3,  relating to environmental nuisances. Each battery that is sold,  refunded or disposed of improperly or improperly subjected to a fee constitutes a separate violation.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1326 - Violation; classification

44-1326.
Violation;  classification
A used automotive components dealer who fails in any respect to keep a book or similar record prescribed by section 44-1325 or to set out in a book or similar record any matter this article requires or who refuses,  on demand of any peace officer of this state,  to exhibit a book or similar record,  business record,  receipt or transaction record,  or who knowingly destroys a book or similar record within two years after making the final entry of any transaction or who otherwise fails to comply with this article is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1327 - Report to the department of public safety; exemption; violation; classification

44-1327.
Report to the department of public safety;  exemption;  violation;  classification
A. Within twenty-four hours of receipt of lead acid batteries,  except from an industrial account or a used automotive components dealer,  for which a record is required to be kept by section 44-1325,  a used automotive components dealer shall electronically submit to the department of public safety a record of the receipt of lead acid batteries. The record shall include the following information:
1. The date,  time and place of the transaction.
2. An identifying description of the specific lead acid batteries received including the amount of the transaction or other consideration given.
3. A description of the person delivering the lead acid batteries to the used automotive components dealer including the person's gender,  height,  weight,  race and hair and eye color,  address and date of birth and a photocopy of a current driver license,  nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.
4. The number and state of issuance of the license on the vehicle used to deliver the lead acid batteries.
B. The department of public safety shall establish by rule electronic submission standards. The submission standards shall allow the submission of the information in an electronic format that is compatible with the output format of not less than four of the record keeping software programs currently in use in the used automotive components dealer industry in this state in a manner that will allow the information to be electronically merged with the department of public safety's database. A used automotive components dealer that submits information to the department of public safety pursuant to this section shall not be required to submit the same information to a local law enforcement agency.
C. The department of public safety shall make the information submitted pursuant to this section available to local law enforcement agencies over the internet and shall provide for training and procedures to allow law enforcement personnel to access the information provided electronically for law enforcement purposes.
D. For transactions with a value over one hundred dollars,  a used automotive components dealer shall hold in its custody in the same size,  shape and condition in which the lead acid battery was received on its business premises any lead acid batteries received in a reportable transaction for seven days after filing the report prescribed by subsection A of this section.
E. Subsection D of this section does not apply to transactions with industrial accounts or lead acid batteries authorized for release by a peace officer of that jurisdiction.
F. A person who fails to file a report prescribed by this section is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1341 - Medical sharps; label

44-1341.
Medical sharps;  label
A. A medical sharp which is sold only by prescription or which is otherwise restricted in its distribution to the general public but which is sold for personal use shall bear a label which describes a safe method for the disposal of the medical sharp.
B. The director of the department of environmental quality shall establish,  by rule,  the written contents of the label.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1342 - Tattoo needles and waste; disposal; civil penalty

44-1342.
Tattoo needles and waste;  disposal;  civil penalty
A. A tattoo needle and any waste exposed to human blood that is generated in the creation of a tattoo shall be disposed of in the same manner as biohazardous medical waste pursuant to section 49-761.
B. A person who disposes of a tattoo needle or any waste generated in the creation of a tattoo in violation of this section is liable for a civil penalty of up to five hundred dollars for each violation.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1353 - Replacement of assistive device; refund of monies; transfer of possession; limitations; disclosure

44-1353.
Replacement of assistive device;  refund of monies;  transfer of possession;  limitations;  disclosure
A. A consumer,  as defined in section 44-1351,  paragraph 5,  subdivision (a),  (b) or (c),  shall notify the manufacturer of a nonconformity. Within thirty days after receiving notification of a nonconformity,  the manufacturer shall provide the consumer with a comparable assistive device or a refund. After receiving the new assistive device or refund,  the consumer shall return to the manufacturer the assistive device that has the nonconformity including any endorsements necessary to transfer physical possession to the manufacturer.
B. A consumer,  as defined in section 44-1351,  paragraph 5,  subdivision (d),  shall notify the assistive device lessor and manufacturer of a nonconformity. Within thirty days after receiving notification of a nonconformity,  the manufacturer shall provide the consumer with a comparable assistive device or a refund. After receiving the refund or comparable assistive device,  the consumer shall return to the manufacturer the assistive device that has the nonconformity.
C. An assistive device lessor shall offer to transfer possession to the manufacturer of the assistive device that has the nonconformity. Within thirty days after receiving the offer,  the manufacturer shall provide the assistive device lessor with a refund. After receiving the refund,  the assistive device lessor shall provide the manufacturer with any endorsements necessary to transfer legal possession to the manufacturer.
D. A person shall not enforce the lease against the consumer after the consumer receives a refund pursuant to this section.
E. An assistive device returned by a consumer or assistive device lessor in this state or by a consumer or assistive device lessor in another state under a similar provision shall not be sold or leased again in this state unless full written disclosure of the reasons for the return is made to the prospective buyer or lessee.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1354 - Assistive device dealers; lessors; notice

44-1354.
Assistive device dealers;  lessors;  notice
At the time the consumer takes possession of the assistive device,  the assistive device dealer or assistive device lessor shall give the consumer the following written notice in fourteen point bold-faced type:
By law the manufacturer is deemed to have provided to you,  the purchaser of an assistive device,  a one year warranty that begins on the date of the initial delivery to you. This warranty provides that the assistive device will be free from any defect,  malfunction or condition that substantially impairs its use,  safety or value.
To ensure that you receive the benefits of this warranty,  within one year after the initial delivery to you of the assistive device,  you must report any problem with the assistive device to the manufacturer,  authorized assistive device dealer or assistive device lessor and make the assistive device available for repair by the manufacturer,  authorized assistive device dealer or assistive device lessor.
During the warranty period,  if any defect,  malfunction or condition cannot be repaired after two attempts or if your assistive device is out of service for at least thirty days for repair of any defect,  malfunction or condition that substantially impairs the use,  safety or value of the assistive device,  you are entitled to either a comparable new assistive device or a refund of the full purchase price plus any finance charge and collateral cost minus a reasonable allowance for use. If you are leasing an assistive device you are entitled to either a comparable assistive device or a refund of the amount paid under the written lease plus all collateral costs minus a reasonable allowance for use.
The warranty provided to you by law does not cover any defect,  malfunction or condition that results from an accident involving the assistive device or from neglect,  modification or alteration of the assistive device by any person other than the manufacturer or the manufacturer's agent or distributor or an authorized assistive device dealer or assistive device lessor and the warranty relieves the manufacturer of liability for repairs in these instances.
A manufacturer may refuse to replace an assistive device or may refuse to refund the purchase price if the problem does not substantially impair the use,  safety or value of your assistive device.
A contract or agreement for the sale or lease of an assistive device cannot void any of these rights.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1355 - Exemption; waiver of rights; action to recover damages; attorney fees

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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1361 - Definitions

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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1362 - Check cashing; receipts; notices; government payment instruments; enforcement

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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1365 - Definitions

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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1366 - Consumer services; delinquency fees; collection fees

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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1367 - Credit card transaction receipts; applicability; enforcement; definition

44-1367.
Credit card transaction receipts;  applicability;  enforcement;  definition
A. Except as provided in subsection B of this section,  a person who enters into a contract for the purpose of providing that person or another person with the means of accepting payment by credit card in exchange for goods or services shall not allow to be printed more than the last five digits of the credit card account number or the credit card expiration date on a credit card receipt provided to the cardholder.
B. This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the credit card number is by handwriting or by an imprint or copy of the credit card.
C. Any violation of this article is an unlawful act or practice pursuant to section 44-1522. The attorney general may investigate the act or practice and take appropriate action pursuant to chapter 10,  article 7 of this title.
D. This section is effective from and after:
1. June 30,  2002 for any person described in subsection A of this section who begins accepting payment by credit card in exchange for goods or services on or after July 1,  2002.
2. June 30,  2004 for any person described in subsection A of this section who began accepting payment by credit card in exchange for goods or services on or before June 30,  2002.
E. For the purposes of this section " credit card"  has the same meaning prescribed in section 13-2101.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1371 - Motor vehicle transactions; conditional financing; traded motor vehicle; advertised price; definition

44-1371.
Motor vehicle transactions;  conditional financing;  traded motor vehicle;  advertised price;  definition
A. If a sale or lease of a motor vehicle from a motor vehicle dealer or a lessor to a customer is conditioned on final approval of financing by a lender or lessor,  the motor vehicle dealer or lessor shall retain title and possession of any motor vehicle traded by a customer as part of the transaction until financing is finally approved or the traded motor vehicle is returned to the customer. Any remedy for a violation of this section may not be waived,  modified or limited by agreement or contract.
B. If a motor vehicle dealer charges a document fee for a motor vehicle transaction,  the motor vehicle dealer must clearly and conspicuously disclose in its advertisement for a motor vehicle that a document fee will be charged for a motor vehicle transaction.
C. For the purposes of this section,  " motor vehicle dealer"  has the same meaning prescribed in section 28-4301.