reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1645 - Applicability; state preemption

44-1645.
Applicability;  state preemption
This article applies throughout this state and counties,  cities and towns may not enact or enforce ordinances,  rules or regulations that conflict with this article. Counties,  cities and towns may enact ordinances,  rules or regulations that regulate scrap metal dealers and that are not in conflict with this article.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1646 - Burned metallic wire; aluminum wire; copper wire; transaction restrictions; applicability

44-1646.
Burned metallic wire;  aluminum wire;  copper wire;  transaction restrictions;  applicability
A. A scrap metal dealer shall not purchase or receive metallic wire that was burned in whole or in part to remove insulation unless the scrap metal dealer receives from the scrap metal seller written evidence identifying the person who delivers the wire to the scrap metal dealer that includes evidence that the wire was lawfully burned.
B. A scrap metal dealer shall not accept aluminum wire with a diameter of 3/8 inch or more or any copper wire that has the insulation removed and shall not remove the insulation from the wire until after the seven-day period prescribed by section 44-1644,  subsection E.
C. This section does not apply to transactions with all industrial accounts or to transactions between scrap metal dealers.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1648 - Preemption; power of local authorities; city, town or county licensing system

44-1648.
Preemption;  power of local authorities;  city,  town or county licensing system
A. The state legislature determines that the registration of scrap metal dealers is a matter of statewide concern. The power to register scrap metal dealers is preempted by this state.
B. Sections 9-500.38 and 11-269.16 do not affect a city's,  town's or county's power to enforce laws relating to business licensing of scrap metal dealers. This article does not affect a city's,  town's or county's power to enforce laws relating to business licensing. Sections 9-500.38 and 11-269.16 and this article do not apply to a city's,  town's or county's system for licensing a scrap metal dealer if the licensing system includes background checks or identification and fingerprinting of the owners of the scrap metal dealer.
C. A scrap metal dealer's license that is current and in good standing with a city's,  town's or county's licensing system before September 13,  2013 is in compliance with that licensing system and the city,  town or county may not require the scrap metal dealer to reapply for licensure in order to be in compliance with the city's,  town's or county's licensing system unless there is an event or circumstance that requires an amendment or filing pursuant to the city's,  town's or county's licensing system's requirements.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1651 - Definitions

44-1651.
Definitions
In this article,  unless the context otherwise requires:
1. " Bucket shop"  means any place wherein dealing in futures is carried on as defined in this section.
2. " Futures, "  " dealing in futures, "  and " future contracts"  mean:
(a) A sale or purchase or contract to sell or offer to sell or purchase any copper,  gold,  silver,  lead,  cotton,  grain or meat or any stocks or bonds of any corporation,  to be delivered in the future when it is not the bona fide intention of the party being prosecuted,  at the time the transaction was made,  that the subject matter of the transaction should be delivered and paid for as specified in such transaction.
(b) Any sale,  purchase,  offer or contract where it was the intention of the party being prosecuted at the time of making the transaction,  that it should,  or at the option of either party might be,  settled by paying or receiving a margin,  or profit on such contract.
(c) Any purchase,  sale or offer of sale or purchase,  or contract for future delivery of anything set forth in this section,  on,  by or through any exchange or board of trade,  the rules,  by-laws,  customs or regulations of which permit such transaction to be settled or closed by delivery or tender of any grade of the thing specified in such transaction,  other than the grade upon which the price is based in such transaction,  at any price other than the actual price for spot delivery of such other grade at the time and place of delivery or tender.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1653 - Owner or manager of property permitting bucket shop; classification

44-1653.
Owner or manager of property permitting bucket shop;  classification
An owner or person managing or controlling property who knowingly rents or leases such property to be used as a bucket shop,  or knowingly permits the property to be so used,  is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1654 - Telegraph or telephone company permitting use of instrument in bucket shop; classification

44-1654.
Telegraph or telephone company permitting use of instrument in bucket shop;  classification
A telegraph or telephone company or any agent thereof which knowingly permits a telegraph or telephone wire or instrument to remain in a bucket shop or knowingly permits the wires,  instruments or equipment of the telegraph or telephone company to be used by a person operating a bucket shop,  whether or not such equipment or instruments are leased by the person illegally using them,  is guilty of a petty offense. Each day shall constitute a separate offense.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1655 - Making or offering to make future contract; classification; defense

44-1655.
Making or offering to make future contract;  classification;  defense
A. A person who makes or offers to make for himself a future contract is guilty of a class 3 misdemeanor.
B. It may be shown in defense of a prosecution under this section that the transaction out of which the prosecution arose was a " hedging"  contract between parties in this state and parties without the state,  and if such contract was made wholly or in part by a message sent by telegraph or telephone,  that such message was delivered to the person sending it by the defendant himself,  and not through or by any broker or agent,  and that the person rendering the service was a common carrier,  exclusively engaged as a common carrier with no connection with or interest in such transaction other than the transmission of the message and receiving the charges therefor which are not in excess of the usual rate for commission messages between the points of transmission and receipt of such message.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1656 - Acting or offering to act as agent or broker to make future contract; classification

44-1656.
Acting or offering to act as agent or broker to make future contract;  classification
A person who acts or offers to act as the agent or broker of any person in making or offering to make a future contract is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1657 - Facts constituting prima facie proof of future contract

44-1657.
Facts constituting prima facie proof of future contract
If in a prosecution it is a material issue whether or not the rules,  regulations,  by-laws or customs of an exchange or board of trade on,  by or through which a contract or offer for future delivery was made,  permitted such contract or transaction to be settled or closed by delivery or tender of any grade of the subject matter specified in the contract or transaction,  other than the grade upon which the price was based in the transaction,  or at any price other than the actual price for spot delivery of such other grade or grades,  at the time and place of the delivery or tender,  proof that the delivery or tender was made or offered or pretended to be made by,  through or upon any exchange or board of trade constitutes a prima facie case for the state.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1658 - Burden of proof in prosecution for making future contract

44-1658.
Burden of proof in prosecution for making future contract
In a prosecution under this article the burden shall be on the defendant to prove that the subject matter contracted for or offered to be contracted for was in fact delivered in accordance with the terms of the contract or that it was the bona fide intention of the defendant at the time of making the contract,  that the subject matter contracted for should be so delivered,  if it is a material issue,  and the court shall so instruct the jury.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1659 - Injunctive remedy against bucket shop

44-1659.
Injunctive remedy against bucket shop
The habitual,  actual,  threatened or contemplated use of any premises,  place or building,  telegraph or telephone wires or instruments in violation of the prohibitions imposed on bucket shops by this article may be enjoined by the state or any citizen thereof.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1660 - Compulsory testimony regarding futures or bucket shops; prosecution of witness prohibited

44-1660.
Compulsory testimony regarding futures or bucket shops;  prosecution of witness prohibited
No person is exempt from testifying concerning any offense set forth or prohibited by this article on the ground that such testimony may incriminate him,  but no prosecution may afterwards be had against him for any offense concerning which he testified.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1671 - Definitions

44-1671.
Definitions
In this article,  unless the context otherwise requires:
1. " Auction"  means the sale of jewelry at either private or public sale,  upon oral or written bids,  to the highest bidder,  and includes all such sales by whatever name called.
2. " Jewelry"  includes gold,  platinum,  silver,  gold-filled or plated ware,  diamonds and other precious or semiprecious stones whether mounted or unmounted,  cultured pearls,  watches,  clocks,  and goods,  wares and merchandise commonly classified as jewelry and commonly offered for sale in jewelry stores.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1673 - Application for license; contents

44-1673.
Application for license;  contents
A. Not less than thirty days nor more than sixty days prior to the date of a proposed auction,  any person desiring to sell at auction any jewelry shall apply to the board of supervisors of the county in which the auction is to be conducted for a license to conduct the auction. The application shall contain:
1. The name,  residence,  address and business address of applicant.
2. The purpose for which the auction is to be held.
3. The type and location of business,  if any,  engaged in by the applicant during the two years immediately preceding the date of application.
4. Whether the proposed auction is to be held at the applicant's existing regularly established place of business.
5. Whether applicant will personally participate at the auction.
6. Whether any addition to the stock to be sold at auction has been made within sixty days prior to the auction.
7. The name,  address and occupational history for the two years immediately preceding the date of application of any person who will participate in conducting the auction.
B. The application shall also contain a statement whether applicant has conducted any auction of jewelry within a period of five years prior to the date of application,  and,  if so,  a statement when and where such auction was held. The application shall further indicate that no person will be employed in any manner in the conduct of the auction who has been convicted of any violation of this article within the six-year period immediately preceding the date of application.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1674 - Inventory

44-1674.
Inventory
The application shall have attached thereto a detailed inventory listing each article to be auctioned,  together with an inventory number for each article to be auctioned,  and a detailed itemization of the quantity,  quality,  kind or class of each article to be sold and the wholesale cost or invoice price thereof.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1676 - Fee and bond

44-1676.
Fee and bond
A. In addition to the inventory,  the applicant shall submit,  together with the application,  a fee of two hundred dollars,  and shall file with the county board of supervisors a bond in a form approved by the board,  executed by a surety company authorized to do business in this state,  in an amount equal to one-half of the cost value of the articles inventoried for sale,  said bond to be approved by the board of supervisors.
B. The bond shall run to the state of Arizona and shall be conditioned that it is for the use or benefit of the person who may be damaged by the violation of any provision of this article by the licensee,  his employees or agents,  or who may have the cause of action against said licensee,  his employees or agents by reason of any matters arising out of the conduct of the auction. Any such person shall have,  in addition to any other right of action which he may have,  a right of action on the bond for all damages not exceeding one thousand dollars,  and the aggregate liability of the surety upon the bond for all claims which may arise thereunder shall not exceed the sum specified in the bond.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1677 - Issuance of license

44-1677.
Issuance of license
The board of supervisors shall issue a license to conduct an auction of jewelry if it finds the application,  inventory,  fee and bond are in order,  and further finds that the applicant has not been convicted of violating any provision of this article within a period of six years immediately preceding the date of application. The license shall be issued for a period of not more than thirty consecutive days,  legal holidays excepted.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1678 - Numbering of inventoried articles; subsequent inventory; intent to defraud

44-1678.
Numbering of inventoried articles;  subsequent inventory;  intent to defraud
A. No article shall be sold at the auction for which the license was obtained unless there is securely attached to the article sold a tag,  card or label bearing accurate reference to the written inventory prescribed in section 44-1674,  upon which shall be plainly written or printed a true statement of the kind,  quality and weight of the metal of which the article is made or composed and the percentage or karat or purity of such metal. If the article is plated or overlaid,  then the label shall contain a true statement of the kind of plate and percentage of purity thereof,  and the kind of metal or material covered. If the article is a precious or semiprecious stone,  the statement shall contain the true name,  weight,  quality and fineness thereof. If the article is a watch or clock,  the statement shall contain the true name of the manufacturer thereof. If a second-hand or old movement or substitute part or movement of any watch or clock is offered for sale in a new case,  such fact shall be set forth in the attached statement,  and no such article so sold or offered for sale shall bear any false or misleading name,  description or entry thereon.
B. The tag,  card or label shall remain securely attached to any article sold or offered for sale,  and shall be delivered to the purchaser by the person selling the same as a correct description or representation of the article sold. If there is more than one of the same kind of article to be sold,  then the tag,  card or label shall indicate the chronological number of the respective articles of the same class sold.
C. No article shall be sold at the auction for which the license was obtained unless it was listed in the inventory accompanying the application,  except that such articles may be sold if listed on a supplementary inventory subsequently approved by a majority of the board of supervisors of the county in which the auction is held.
D. It shall be presumptive evidence of intent to defraud or to violate the provisions of this article where goods,  wares,  merchandise or articles sold or offered for sale under the provisions of this article fail to agree with the description contained on the tag,  card or label provided for in this section.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1681 - Return of purchases; display of notice

44-1681.
Return of purchases;  display of notice
The licensee shall cause to be displayed in a prominent place on the premises where the auction is being conducted a notice that all merchandise may be returned,  if it is at the time in the same condition as when purchased,  for the amount paid,  if returned within forty-eight hours from the time of purchase and if the merchandise sold fails to agree with the description contained on the tag,  card or label. The notice shall be of sufficient size as to be readily discernible by the bidders.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1682 - Suspension, restoration of licenses; appeal

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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1685 - Application of article; exemptions

44-1685.
Application of article;  exemptions
A. This article shall not apply to any sale of second-hand jewelry,  judicial sales or government sales,  sales by an executor,  administrator,  guardian,  receiver,  or trustee in bankruptcy authorized by any court of competent jurisdiction,  or any other sale authorized by law.
B. A license issued under the provisions of this article shall be in addition to any license required by the ordinance of any city or town in which the auction is to be conducted.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1691 - Definitions

44-1691.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Consumer"  means an individual.
2. " Consumer reporting agency"  means any person which,  for monetary fees,  dues,  or on a cooperative nonprofit basis,  regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information on consumers for the purpose of furnishing consumer reports to third parties.
3. " Consumer report"  means any written,  oral,  or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness,  credit standing,  credit capacity,  character,  general reputation,  personal characteristics,  or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (a) credit or insurance to be used primarily for personal,  family,  or household purposes,  or (b) employment purposes,  or (c) other purposes authorized under section 44-1692. The term does not include any report containing information solely as to transactions or experiences between the consumer and the person making the report;  or any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;  or any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to such request,  if the third party advises the consumer of the name and address of the person to whom the request was made.
4. " Employment purposes"  when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment,  promotion,  reassignment or retention as an employee.
5. " File"  when used in connection with information on any consumer,  means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.
6. " Person"  means an individual,  partnership,  corporation,  association,  or any other entity of whatever kind or nature.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1692 - Permissible use of consumer reports

44-1692.
Permissible use of consumer reports
A. Except as provided in section 44-1693,  a consumer reporting agency may furnish a consumer report only under the following circumstances and no other:
1. In response to the order of a court having jurisdiction to issue such an order.
2. In accordance with the written instructions of the consumer to whom it relates.
3. To a person that it has reason to believe:
(a) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to,  or review or collection of an account of,  the consumer.
(b) Intends to use the information for employment purposes.
(c) Intends to use the information in connection with the underwriting of insurance involving the consumer.
(d) Intends to use the information in connection with a determination of the consumer's eligibility for any license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status.
(e) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.
4. On request by the department of economic security,  its agent or another agency administering a title IV-D program under the social security act certifying that:
(a) The obligor mother or the obligor father has been determined to be the parent of a child to whom a support obligation relates.
(b) The consumer report is needed to establish an obligor's capacity to make support payments or to determine the appropriate amount of the payments or for the purpose of setting an original support amount or modifying an existing support order.
(c) The obligor has received at least ten days' advance notice,  by certified mail,  at the last known address,  by personal delivery or by personal service that a consumer report will be requested.
(d) The consumer report shall be kept confidential and shall be used only for the purposes described in subdivision (b) of this paragraph.
(e) The consumer report shall not be used in connection with any other civil,  administrative or criminal proceeding or for any other purpose.
B. The report furnished in subsection A of this section may be provided by electronic or other means.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1694 - Correction of credit reports

44-1694.
Correction of credit reports
A. If any consumer disputes the accuracy of any item in the consumer's records with any consumer reporting agency,  the consumer may give notice in writing to the consumer reporting agency specifying in what manner the report is inaccurate and the consumer reporting agency shall reinvestigate the inaccuracy at no charge to the consumer and record the current status of the disputed information. The consumer reporting agency shall provide forms for such notice and shall assist a consumer in preparing the notice when requested.
B. Within thirty days after receiving a notice of inaccuracy,  a consumer reporting agency shall deny or admit the inaccuracy to the consumer in writing. If the consumer reporting agency denies the inaccuracy,  the consumer reporting agency shall include the following information with the written results of the reinvestigation:
1. The basis for the denial.
2. A copy of the consumer's file that is based on the consumer's file as revised as a result of the reinvestigation,  including the business name and address of any furnisher of information who was contacted in connection with that information and,  if reasonably available,  the telephone number of the furnisher.
3. A notice that states that,  if requested by the consumer,  the consumer reporting agency shall provide the consumer with a description of the procedure used by the consumer reporting agency to determine the accuracy and completeness of the information.
C. If the consumer reporting agency admits that the item is inaccurate,  it shall immediately correct the item in its records and,  on request by the consumer,  it shall inform any person who within the last six months has previously received a report containing such inaccurate information.
D. A consumer may provide a statement to the consumer reporting agency and,  unless there are reasonable grounds to believe that it is frivolous or irrelevant,  the consumer reporting agency shall include the statement in the consumer's file if either of the following applies:
1. The statement is a written explanation regarding an item of information that the consumer reporting agency denies is inaccurate.
2. The statement is regarding the contents of the consumer's file. The consumer may provide such a statement at any time,  and the consumer reporting agency shall not charge the consumer for the statement.
E. A consumer reporting agency may limit a consumer's statement as described in subsection D to not more than one hundred words if the consumer reporting agency provides the consumer with assistance in writing the statement.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1695 - Liability

44-1695.
Liability
A. A consumer reporting agency or information source is not liable to any consumer resulting from:
1. Reporting inaccurate information corrected in compliance with sections 44-1694 and 44-1698 except as provided in this section.
2. Failing to lift a security freeze pursuant to section 44-1698,  subsection G.
B. A consumer reporting agency is liable for any damages and attorney fees and court costs that are incurred by a consumer and that result from reporting of inaccurate information that a consumer reporting agency refuses to correct as provided in section 44-1694.
C. Any consumer reporting agency,  user of information or source of information that is grossly negligent in the use or preparation of a consumer report or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages,  if any,  punitive damages and attorney fees and court costs. If a consumer reporting agency prepares a consumer report,  the consumer reporting agency shall follow reasonable procedures to ensure the maximum possible accuracy of the information relating to the consumer who is the subject of the consumer report.
D. Under section 44-1698,  any consumer reporting agency that is grossly negligent or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages,  if any,  attorney fees and court costs for the following:
1. Failing to implement a security freeze.
2. Releasing a credit report or credit score if a security freeze has been placed by the consumer.
3. Failing to remove a security freeze at the consumer's request.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1696 - Unlawful acts; classification

44-1696.
Unlawful acts;  classification
A. Any person who requests or obtains a consumer report from a consumer reporting agency under false pretenses or furnishes a consumer report to any person except as prescribed by this article or any employee of a consumer reporting agency who knowingly falsifies a consumer report or any records relating thereto shall be guilty of a class 1 misdemeanor.
B. Any person or the agent,  clerk or employee thereof,  who knowingly makes,  causes to be made,  or permits to be made,  any false statement to any consumer reporting agency for the purpose of having such false information reported on a consumer report,  shall be guilty of a class 1 misdemeanor.
C. Any consumer reporting agency,  or the agent,  clerk or employee thereof,  who knowingly violates any provision of this article,  shall be guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1697 - Fair credit reporting

44-1697.
Fair credit reporting
A. If a consumer makes a payment on a credit or loan account to the proper address to which the payment should be directed,  a person shall calculate the number of days by which an account is delinquent by determining the number of days between the scheduled due date of the payment and the date the payment was received by that person.
B. If a person uses a reporting standard that requires a calculation of the number of days an account is delinquent,  the person may report the delinquency based only on the number of days of the delinquency plus not more than four days.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1698.01 - Consumer credit reports; extension of credit; identity theft; definition

44-1698.01.
Consumer credit reports;  extension of credit;  identity theft;  definition
A. Any person who does not use a consumer credit report in connection with the approval of credit based on the application for an extension of credit shall not lend money or extend credit without taking reasonable steps to verify the consumer's identity and confirm that the application for an extension of credit is not the result of taking the identity of another person or entity pursuant to section 13-2008 or aggravated taking the identity of another person or entity pursuant to section 13-2009.
B. Any person who uses a consumer credit report in connection with the approval of credit based on the application for an extension of credit shall not lend money or extend credit without taking reasonable steps to verify the consumer's identity and confirm that the application for an extension of credit is not the result of taking the identity of another person or entity pursuant to section 13-2008 or aggravated taking the identity of another person or entity pursuant to section 13-2009 if either of the following applies:
1. The creditor has received notification that a police report has been filed with a consumer reporting agency and that the applicant has been a victim of an offense involving a violation of section 13-2008 or 13-2009.
2. The creditor has received notification that the consumer has placed a fraud alert or security freeze on the consumer's credit report.
C. In an action to collect on a debt as a result of an extension of credit,  if a consumer proves by a preponderance of the evidence that an extender of credit extended the credit in violation of this section,  the finder of fact may infer someone other than the consumer applied for and received the benefit of the extension of credit.
D. An act or practice in violation of this section is an unlawful practice under section 44-1522 and is subject to enforcement through private action and by the attorney general. Injunctive relief may be sought to prevent future violations of this section. The remedies provided in this section are not intended to be the exclusive remedies available to a person whose identity was used to secure an extension of credit in violation of this section.
E. For the purposes of this section,  extension of credit does not include an increase in an existing open-end credit plan,  as defined in regulation Z of the federal reserve system,  12 Code of Federal Regulations section 226.2,  or any change to or review of an existing credit account.
F. Financial institutions that are required to have a customer identification program pursuant to 31 Code of Federal Regulations section 103.121 are exempt from this section.
G. For the purposes of this section,  " reasonable steps"  means any commercially reasonable action taken by an extender of credit that is intended to improve identity verification or confirmation or to lessen the likelihood of a violation of sections 13-2008 and 13-2009.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1701 - Definitions

44-1701.
Definitions
In this article,  unless the context otherwise requires:
1. " Buyer"  means any natural person who is solicited to purchase or who purchases the services of a credit services organization.
2. " Credit services organization"  means a person who,  with respect to the extension of credit by others,  sells,  provides,  performs or represents that he can or will sell,  provide or perform any of the following services in return for the payment of monies or other valuable consideration:
(a) Improving a buyer's credit record,  history or rating.
(b) Obtaining an extension of credit for a buyer.
(c) Providing advice or assistance to a buyer with regard to either subdivision (a) or (b) of this paragraph.
3. " Extension of credit"  means the right to defer payment of debt or to incur debt and defer its payment,  which is offered or granted primarily for personal,  family or household purposes.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1702 - Exemptions

44-1702.
Exemptions
This article does not apply to:
1. A person who is organized,  chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States and who is subject to regulation and supervision by an official or agency of this state or the United States.
2. A bank or savings and loan institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or the federal savings and loan insurance corporation.
3. A person licensed as a real estate broker by this state if the person is acting within the course and scope of that license.
4. A person licensed to practice law in this state if the person renders services within the course and scope of his practice as an attorney at law.
5. A broker-dealer registered with the securities and exchange commission or the commodity futures trading commission if the broker-dealer is acting within the course and scope of such regulation.
6. Any nonprofit organization exempt from taxation under section 501(c)(3) of the internal revenue code.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1703 - Credit services organizations; prohibited activities

44-1703.
Credit services organizations;  prohibited activities
A credit services organization and its salespersons,  agents and representatives who sell or attempt to sell the services of a credit services organization shall not do any of the following:
1. Charge or receive monies or other valuable consideration before full and complete performance of the services the credit services organization has agreed to perform for or on behalf of the buyer,  unless the credit services organization,  in conformity with section 44-1708,  has obtained a surety bond issued by a surety company authorized to do business in this state. If a credit services organization is in compliance with this paragraph,  the salesperson,  agents and representatives who sell the services of the organization are not required to obtain the surety bond provided for in section 44-1708.
2. Charge or receive monies or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer,  if the credit which is or will be extended to the buyer is on substantially the same terms as those available to the general public.
3. Make or counsel or advise a buyer to make any statement which is untrue or misleading and which is known,  or which by the exercise of reasonable care should be known,  to be untrue or misleading to a consumer credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit,  with respect to a buyer's credit worthiness,  credit standing or credit capacity.
4. Make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage,  directly or indirectly,  in an act,  practice or course of business which operates or would operate as a fraud or deception on a person in connection with the offer or sale of the services of a credit services organization.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1704 - Information statement; necessity and time of delivery to buyer; acknowledgment of delivery; retention on file

44-1704.
Information statement;  necessity and time of delivery to buyer;  acknowledgment of delivery;  retention on file
Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of monies or other valuable consideration,  whichever occurs first,  the credit services organization shall provide the buyer with a statement,  in writing,  containing all the information required by section 44-1705. The credit services organization shall maintain on file or microfilm for a period of two years an exact copy of the statement,  personally signed by the buyer,  acknowledging receipt of a copy of the statement.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1705 - Information statement; contents

44-1705.
Information statement;  contents
The information statement shall include all of the following:
1. A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer credit reporting agency and the right of the buyer to receive a copy of that file,  as provided by section 44-1693. The statement shall include the approximate price the buyer will be charged by the credit reporting agency for a copy of the file.
2. A complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by any consumer credit reporting agency as provided by section 44-1694.
3. A complete and detailed description of the services to be performed by the credit services organization for or on behalf of the buyer and the total amount the buyer has to pay,  or become obligated to pay,  for the services.
4. If the credit services organization is required to obtain a surety bond pursuant to section 44-1703,  the statement shall set forth both of the following:
(a) The buyer's right to proceed against the bond under the circumstances and in the manner set forth in section 44-1708.
(b) The name and address of the surety company which issued the bond.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1706 - Contracts; requirements; contents

44-1706.
Contracts;  requirements;  contents
A. Every contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing,  be dated,  be signed by the buyer and include all of the following:
1. A conspicuous statement in size equal to at least ten point type in immediate proximity to the space reserved for the signature of the buyer as follows: You,  the buyer,  may cancel this contract at any time before midnight of the third day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.
2. The terms and conditions of payment,  including the total of all payments to be made by the buyer,  whether to the credit services organization or to some other person.
3. A full and detailed description of the services to be performed by the credit services organization for the buyer,  including all guarantees and all promises of full or partial refunds,  and the estimated date by which the services are to be performed or the estimated length of time for performing the services.
4. The credit services organization's principal business address and the name and address of its agent authorized to receive service of process.
B. The contract shall be accompanied by a completed form in duplicate,  entitled " notice of cancellation" ,  which shall be attached to the contract and easily detachable and which shall contain in at least ten point type the following statement written in the same language as used in the contract: Notice of Cancellation You may cancel this contract without any penalty or obligation within three days from the date the contract is signed. If you cancel,  any payment made by you under this contract will be returned within fifteen days after receipt by the credit services organization of your cancellation notice. To cancel this contract,  mail or deliver a signed and dated copy of this cancellation notice,  or any other written notice,  to
(name of credit services organization)
_______________________________________________ at
(address of credit services organization) (place of business)
__________________________________________________________ _________________
not later than midnight (date) ________________.
I hereby cancel this transaction. (date) ________________
(purchaser's signature)
_________________________________
C. A copy of the fully completed contract and all other documents the credit services organization requires the buyer to sign shall be given to the buyer at the time they are signed.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1708 - Surety bond; procedures to obtain or establish; claim by action at law; limit of liability

44-1708.
Surety bond;  procedures to obtain or establish;  claim by action at law;  limit of liability
A. If a credit services organization is required to obtain a surety bond pursuant to section 44-1703,  the following procedures apply:
1. A copy of the bond shall be filed with the corporation commission.
2. The bond required shall be in favor of this state for the benefit of any person who is damaged by any violation of this article. The bond shall also be in favor of any person damaged by the practices.
3. A person claiming against the bond for a violation of this article may maintain an action at law against the credit services organization and against the surety.
B. The surety is liable only for actual damages and not the punitive damages permitted under section 44-1711. The aggregate liability of the surety to all persons damaged by a credit services organization's violation of this article shall in no event exceed the amount of the bond.
C. The bond shall be in an amount equal to five per cent of the total amount of the fees charged buyers by the credit services organization under the contracts entered into between the credit services organization and the buyers during the previous twelve months,  but in no case shall the bond be less than five thousand dollars or more than twenty-five thousand dollars. The amount required shall be adjusted once a year,  no later than the tenth day of the first month of the credit services organization's fiscal year.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1709 - Waiver of rights by buyer; prohibition; burden of proof on exemption or exception from article

44-1709.
Waiver of rights by buyer;  prohibition;  burden of proof on exemption or exception from article
A. A waiver by a buyer of the provisions of this article is deemed contrary to public policy and is void and unenforceable. An attempt by a credit services organization to have a buyer waive rights given by this article consitutes a violation of this article.
B. In any proceeding involving this article the burden of proving an exemption or an exception is on the person claiming it.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1710 - Violation; classification; enforcement

44-1710.
Violation;  classification;  enforcement
A. A person who violates section 44-1703,  44-1704,  44-1705,  44-1706 or section 44-1709,  subsection A,  is guilty of a class 1 misdemeanor.
B. The superior court has jurisdiction to restrain and enjoin any violation of this article.
C. The duty to institute actions for violations of this article,  including proceedings to restrain and enjoin such a violation,  is vested in the attorney general,  county attorneys and city attorneys. The attorney general,  a county attorney or a city attorney may prosecute misdemeanor actions or institute proceedings to restrain and enjoin such violations,  or both.
D. This section does not prohibit the enforcement by a person of a right provided by this or any other law.
E. The class 1 misdemeanor provision of this section does not apply to a seller's breach of a contract subject to this article.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1711 - Action for recovery of damages by buyer

44-1711.
Action for recovery of damages by buyer
A buyer injured by a violation of this article or by the credit services organization's breach of a contract subject to this article may bring any action for recovery of damages. Judgment shall be entered for actual damages,  but in no case less than the amount paid by the buyer to the credit services organization,  plus reasonable attorney fees and costs. If the trial court deems it proper,  the court may enter an award for punitive damages.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1712 - Application of other laws; remedies as additional

44-1712.
Application of other laws;  remedies as additional
A. The provisions of this article are not exclusive and do not relieve the parties or the contracts subject to this article from compliance with any other applicable provision of law.
B. The remedies provided in this article for a violation of this article are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1721 - Definitions

44-1721.
Definitions
In this article,  unless the context otherwise requires:
1. " Bakery rack"  means a metal frame that holds bakery trays or other bakery products and that is used by a bakery,  distributor or retailer or its agent as a means to transport,  store or carry bakery products.
2. " Bakery tray"  means a wire or plastic receptacle that holds bread,  buns or other baked goods and that is used by a bakery,  distributor or retailer or its agent as a means to transport,  store or carry bakery products.
3. " Container"  means a bakery rack,  bakery tray,  dairy case,  egg basket or merchandise pallet.
4. " Dairy case"  means a plastic receptacle that holds sixteen quarts or more of beverage and that is used by a dairy,  distributor or retailer or its agent as a means to transport,  store or carry dairy products.
5. " Egg basket"  means a wire or plastic receptacle that holds four dozen or more shell eggs and that is used by a processor,  distributor or retailer or its agent as a means to transport,  store or carry eggs.
6. " Merchandise pallet"  means a wooden or plastic carrier or holder used by a manufacturer or distributor to transport merchandise to wholesale and retail outlets.
7. " Name or mark"  means a permanently affixed or permanently stamped name or mark that satisfies the requirements of section 44-1722 and that is used for the purpose of identifying the owner of the containers.
8. " Parking area"  means a lot or other property provided by a recipient for the use of its customers to park vehicles while at the recipient's establishment.
9. " Recipient"  means a person,  firm,  corporation or association that is authorized by the owner to use an owner's container.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1722 - Registration of name or mark; notice

44-1722.
Registration of name or mark;  notice
To designate ownership of a particular name or mark,  the owner of a container may either:
1. Use as a name or mark a trademark or trade name that the owner of the container has registered with the secretary of state pursuant to chapter 10,  articles 3 and 3.1 of this title.
2. Use as a name or mark the owner's legal corporate name.