reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1372 - Definitions

44-1372.
Definitions
In this article,  unless the context otherwise requires:
1. " Commercial electronic mail"  means electronic mail sent for the purpose of encouraging the purchase or rental of,  or investment in,  property,  goods or services.
2. " Electronic mail"  means an electronic message,  executable program or computer file containing an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks.
3. " Electronic mail service provider"  means any person who is an intermediary in sending or receiving electronic mail and who provides to end users of electronic mail services the ability to send or receive electronic mail.
4. " Established business relationship"  means a prior or existing relationship formed by a voluntary communication between a person or entity and the recipient,  with or without an exchange of consideration,  on the basis of an inquiry,  application,  purchase or use by the recipient regarding products or services offered by the person or entity.
5. " Sender"  means a person who initiates an unsolicited commercial electronic mail.
6. " Unsolicited commercial electronic mail"  means a commercial electronic mail message sent,  without the consent of the recipient,  by a person with whom the recipient does not have an established business relationship.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1372.01 - Regulations; powers of attorney general; cumulative remedies; applicability

44-1372.01.
Regulations;  powers of attorney general;  cumulative remedies;  applicability
A. A person shall not knowingly transmit commercial electronic mail if any of the following apply:
1. The person falsifies electronic mail transmission information or other routing information for unsolicited commercial electronic mail.
2. The mail contains false or misleading information in the subject line.
3. The person uses a third party's internet address or domain name without the third party's consent for the purpose of transmitting electronic mail in a way that makes it appear that the third party was the sender of the mail.
B. If a person sends unsolicited commercial electronic mail or maintains a database for the purpose of sending unsolicited commercial electronic mail,  the person shall do the following:
1. Use the exact characters " ADV:"  as the first four characters in the subject line of the unsolicited commercial electronic mail.
2. Provide a procedure that allows recipients,  at no cost to the recipients,  to easily do both of the following:
(a) Remove themselves from the sender s electronic mail address lists so the recipients are not included in future electronic mailings from the sender. The sender shall have three business days to remove the recipient's electronic mail address from the sender's electronic mail address lists so the recipients are not included in future electronic mailings from the sender.
(b) Restrict the future sale or transfer of the recipient s electronic mail address information to another person or organization for the purpose of sending commercial electronic mail.
C. Failure to comply with this article is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10,  article 7 of this title.
D. This article is in addition to all other causes of action,  remedies and penalties available to this state.
E. The prohibitions in this section shall apply to any person doing business in this state and to any person who transmits a commercial electronic mail message by any of the following:
1. From a computer located in this state.
2. To an electronic mail address that the sender knows,  or has reason to know,  is held by a resident of this state.
3. To an interactive computer service with equipment or its principal place of business in this state.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1372.02 - Damages

44-1372.02.
Damages
A. A person whose property or person is injured because of a violation of this article may recover for any damages sustained,  including loss of profits,  and the costs incurred from the suit.
B. If an injury results from the intentional transmission of unsolicited commercial electronic mail,  the injured person may recover attorney fees and costs and may choose,  instead of receiving actual damages,  to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars,  whichever is less. This subsection does not apply to an electronic mail service provider.
C. Nothing in this article creates a cause of action or a right to bring an action against the electronic mail service provider for transmitting unsolicited commercial electronic mail over the computer network.
D. If an injury results from the intentional transmission of unsolicited commercial electronic mail,  an injured electronic mail service provider may recover attorney fees and costs and may choose,  instead of receiving actual damages,  to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars,  whichever is greater.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1372.03 - Court proceedings; secrecy

44-1372.03.
Court proceedings;  secrecy
At the request of any party to an action brought pursuant to this section,  the court may conduct all legal proceedings in a manner to protect the secrecy and security of the computer,  computer network,  computer data,  computer program and computer software involved in order to prevent possible recurrence of the same or similar act by another person and to protect any trade secrets of any party.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1372.04 - Applicability

44-1372.04.
Applicability
A. This article does not apply to electronic mail messages if any of the following applies:
1. The sender is an organization using electronic mail to communicate exclusively with either of the following:
(a) Members of the organization.
(b) Employees or contractors of the organization,  or both.
2. The sender has the consent of the recipient.
3. The sender has an established business relationship with the recipient.
4. The commercial electronic mail message is the result of an error.
5. An interactive computer service provider has attached an advertisement to the message in exchange for use of an electronic mail account or if the sender has agreed to the arrangement.
B. This article does not apply to an electronic mail service provider if either of the following apply:
1. The electronic mail service provider is an intermediary between the sender and the recipient in the transmission of electronic mail.
2. The electronic mail service provider transmits unsolicited commercial electronic mail over the provider's computer network or facilities.
C. An electronic mail service provider may establish and enforce a policy to block the receipt or transmission through its service of any commercial electronic mail that it believes is or will be sent in violation of this article.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1373.01 - Exceptions

44-1373.01.
Exceptions
This article does not apply to:
1. The use of social security numbers by the department of revenue or by a law enforcement agency of this state or a law enforcement agency of a county,  city,  town or other political subdivision of this state,  except that these agencies must comply with section 44-1373,  subsection A,  paragraphs 2 and 5.
2. The use of social security numbers by an agency of this state in its administration of employee payroll,  employee benefits and workers' compensation matters,  except that the agency shall comply with section 44-1373,  subsection A,  paragraphs 1,  2,  4 and 5.
3. Documents or records that are recorded or required to be open to the public pursuant to the constitution or laws of this state or by court rule or order,  and this article does not limit access to these documents or records.
4. An individual s social security number that is printed or caused to be printed on a document by the individual.
5. The use of social security numbers by the industrial commission of Arizona or an interested party as defined in section 23-901,  on documents or records related to a workers' compensation claim under title 23,  chapter 6,  except that the industrial commission or the interested party shall comply with section 44-1373,  subsection A,  paragraphs 1,  2,  3 and 4.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1373.02 - Restricted use of sequential numbers; definition

44-1373.02.
Restricted use of sequential numbers;  definition
A. Except as otherwise specifically provided by law,  beginning on January 1,  2009,  a person or entity shall not knowingly:
1. Print any sequence of more than five numbers that are reasonably identifiable as being part of an individual's social security number on any card required for the individual to receive products or services provided by the person or entity.
2. Print any sequence of more than five numbers that are reasonably identifiable as being part of an individual's social security number on any materials that are mailed to the individual,  unless state or federal law requires the social security number to be on the document to be mailed. This paragraph does not prohibit the mailing of documents to the individual that include social security numbers or any sequence of numbers contained in a social security number that is sent as part of an application or enrollment process or to establish,  amend or terminate an account,  contract or policy or to confirm the accuracy of the social security number or sequence of numbers.
B. For the purposes of this section,  " individual"  means a resident of this state.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1373.03 - Violation; civil penalty

44-1373.03.
Violation;  civil penalty
A. A person or entity that knowingly or intentionally violates section 44-1373,  subsection A,  paragraph 2 is subject to a civil penalty of one hundred dollars for each violation.
B. All civil penalties received pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1375.01 - Applicability

44-1375.01.
Applicability
A. This article applies to the following types of new products sold,  offered for sale or installed in this state:
1. Automatic commercial icemakers.
2. Commercial clothes washers.
3. Commercial prerinse spray valves.
4. Commercial refrigerators,  freezers and refrigerator freezers.
5. Illuminated exit signs.
6. Large packaged air conditioning equipment.
7. Low voltage dry type distribution transformers.
8. Metal halide lamp fixtures.
9. Single voltage external AC to DC power supplies.
10. Torchieres.
11. Traffic signal modules.
12. Unit heaters.
13. Portable electric spas.
14. Residential pool pumps and residential pool pump motors.
B. This article does not apply to:
1. New products manufactured in this state and sold outside this state.
2. New products manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state.
3. Products installed in mobile manufactured homes at the time of construction.
4. Products designed expressly for installation and use in recreational vehicles.
5. Products installed in a laundry facility located within an apartment complex or mobile home park at the time of construction or replacement. For the purposes of this paragraph,  " apartment complex"  means any real property that has one or more structures and that contains four or more dwelling units for rent or lease that are subject to the Arizona residential landlord and tenant act prescribed by title 33,  chapter 10.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1375.03 - Certification and compliance; violation; civil penalty

44-1375.03.
Certification and compliance;  violation;  civil penalty
A. Except as provided in subsection B of this section,  beginning January 1,  2008:
1. A person engages in a deceptive trade practice when,  in the course of the person's business,  vocation or occupation,  the person knowingly sells or installs a product that does not meet or exceed an applicable energy efficiency standard set forth in section 44-1375.02.
2. Manufacturers shall certify in writing to the governor's energy office that products sold in this state meet efficiency standards of this article. Certification to other states with like standards that publish databases of compliant products shall be permitted as an alternative to certifying to the energy office.
B. The requirements prescribed by subsection A of this section apply beginning January 1,  2010,  if the product is a commercial refrigerator,  freezer or refrigerator freezer or large packaged air conditioning equipment.
C. A deceptive trade practice pursuant to subsection A,  paragraph 1 of this section is an unlawful practice under section 44-1522 and subject to enforcement by the attorney general. The attorney general may investigate and take appropriate action as prescribed by chapter 10,  article 7 of this title. Notwithstanding section 44-1531,  the penalty for violation of this section shall be a civil penalty of not more than five hundred dollars per violation. All monies collected as civil penalties pursuant to this subsection shall be deposited into the state general fund.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1376 - Definitions

44-1376.
Definitions
In this article,  unless the context otherwise requires:
1. " Communication service record"  includes subscriber information,  including name,  billing or installation address,  length of service,  payment method,  telephone number,  electronic account identification and associated screen names,  toll bills or access logs,  records of the path of an electronic communication between the point of origin and the point of delivery and the nature of the communication service provided,  such as caller identification,  automatic number identification,  voice mail,  electronic mail,  paging or other service features. Communication service records do not include the content of any stored oral,  wire or electronic communication or a telephone record.
2. " Procure"  means to obtain by any means,  including electronically,  in writing or in oral form,  with or without consideration.
3. " Public utility"  includes public service corporations,  municipally owned systems and districts subject to article XIII,  section 7,  Constitution of Arizona,  power districts,  electrical districts,  agricultural improvement districts or irrigation and water conservation districts established pursuant to title 48,  chapter 11,  12,  17 or 19.
4. " Public utility record"  includes customer information,  including name,  billing or installation address,  length of service,  payment method or any other personal identifying information.
5. " Telephone"  means any device that is used by a person for voice communications in connection with the services of a telephone company whether the voice communications are transmitted in analog,  data or any other form.
6. " Telephone company"  means any person that provides commercial telephone services to a customer,  irrespective of the communications technology that is used to provide the service,  including:
(a) Traditional wire line or cable telephone service.
(b) Cellular,  broadband personal communication systems or other wireless telephone service.
(c) Microwave,  satellite or other terrestrial telephone service.
(d) Voice over internet telephone service.
7. " Telephone record"  means information that is:
(a) Retained by a telephone company and that relates to the telephone number dialed by the customer or the incoming number of the call directed to a customer or other data related to such calls typically contained on a customer telephone bill,  including the time the call started and ended,  the duration of the call,  the time of day the call was made,  any charges applied and any information that indicates the location from which or to which the call was made.
(b) Made available to a telephone company by a customer solely by virtue of the relationship between the telephone company and the customer. Telephone record does not include any information collected and retained by or on behalf of customers using caller identification or similar technology.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1376.01 - Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure

44-1376.01.
Unauthorized or fraudulent procurement,  sale or receipt prohibited;  procedures to protect against disclosure
A. A person shall not do any of the following:
1. Knowingly procure,  attempt to procure,  solicit or conspire with another to procure a public utility record,  a telephone record or communication service record of any resident of this state without the authorization of the customer to whom the record pertains or by fraudulent,  deceptive or false means.
2. Knowingly sell or attempt to sell a public utility record,  a telephone record or communication service record of any resident of this state without the authorization of the customer to whom the record pertains.
3. Except for the Arizona Corporation Commission in the performance of its official duties,  receive a public utility record,  a telephone record or communication service record of any resident of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent,  deceptive or false means.
B. Entities that maintain communication service records,  telephone records or public utility records of a resident of this state shall establish reasonable procedures to protect against unauthorized or fraudulent disclosure of such records that could result in a substantial harm or inconvenience to any customer. No private right of action is authorized under this subsection. For the purposes of this subsection,  a telephone company's procedures are reasonable if the telephone company complies with the provisions governing customer proprietary network information in section 222 of the communications act of 1934 (47 United States Code section 222),  as amended,  and regulations promulgated under that section.
C. Any personal information that is contained in a telephone record,  public utility record or communication service record that is obtained in violation of this article is inadmissible as evidence in any judicial,  administrative,  legislative or other proceeding unless that information is offered as proof in an action or prosecution pursuant to this article or is otherwise authorized by law.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1376.02 - Application

44-1376.02.
Application
A. This article does not prevent any action by a law enforcement agency or any officer,  employee or agent of a law enforcement agency to obtain public utility records,  telephone records or communication service records in connection with the performance of the official duties of the agency.
B. This article does not prohibit a public utility,  a telephone company or an entity that maintains communication service records from obtaining,  using,  disclosing or permitting access to any public utility record,  telephone record or communication service record,  either directly or indirectly through its agents:
1. As otherwise authorized by law.
2. With the lawful consent of the customer or subscriber.
3. As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service or to protect users of those services and other carriers from fraudulent,  abusive or unlawful use of or subscription to those services.
4. To a governmental entity,  if the public utility,  telephone company or entity that maintains communication service records reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information.
5. To the national center for missing and exploited children in connection with a report submitted under the victims of child abuse act of 1990 (42 United States Code section 13032).
C. This article does not prohibit a public utility,  a telephone company or an entity that maintains communication service records from disclosing or permitting access to any public utility record,  telephone record or other communication service record either directly or indirectly through its agents to the Arizona corporation commission for use in the performance of its duties.
D. This article does not apply to or expand on the obligations and duties of any public utility,  telephone company or entity that maintains communication service records or its agents,  employees or contractors to protect public utility records,  telephone records or communication service records beyond those otherwise established by federal and state law,  including the provisions governing customer proprietary network information in section 222 of the communications act of 1934 (47 United States Code section 222),  as amended,  and regulations promulgated under that section.
E. This article does not apply to a public utility,  a telephone company or an entity that maintains communication service records or its agents or representatives who reasonably and in good faith act pursuant to this article,  notwithstanding any later determination that the action was not authorized.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1376.03 - Unfair or deceptive trade practices

44-1376.03.
Unfair or deceptive trade practices
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.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1376.04 - Civil causes of action

44-1376.04.
Civil causes of action
A. In a civil action,  a customer whose communication service records,  telephone records or public utility records were procured,  sold or received in violation of this article may recover from the person that committed the violation the following relief:
1. Preliminary and other equitable or declaratory relief as may be appropriate.
2. Damages equal to the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation but in no case shall a person entitled to recover receive less than one thousand dollars.
3. Reasonable attorney fees and other litigation costs that are reasonably incurred.
B. A civil action under this section may not be commenced more than two years after the date on which the claimant first discovered or had a reasonable opportunity to discover the violation.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1377 - Disclosure of restocking fee; enforcement; definition

44-1377.
Disclosure of restocking fee;  enforcement;  definition
A. A business in this state that charges a restocking fee on a product the business sells shall disclose the existence of the fee and the amount of the fee to a customer in accordance with this section.
B. If a business charges a restocking fee,  the business shall do all of the following:
1. Disclose in any print advertising and promotional material,  including a catalog,  that a restocking fee may apply to the purchase of goods. The disclosure shall be printed in a clear and conspicuous manner in the advertising and promotional material.
2. Post a notice disclosing that a restocking fee may apply to the purchase of goods and where the customer may obtain the full restocking fee policy. The notice shall be clearly and conspicuously visible to the customer before purchase.
3. Disclose on the sales receipt in a conspicuous manner in type at least as large as the majority of the printed text on the receipt and in print that is clear and legible,  both of the following:
(a) That a restocking fee may apply to the purchased good.
(b) Where the customer may obtain the full restocking fee policy.
4. At the point of purchase for a good on the web site of the business,  disclose that a restocking fee may apply to the purchase of goods. The business must provide the full restocking fee policy on the web site. The disclosure prescribed by this paragraph shall be printed in a clear and conspicuous manner on the web site.
C. An act or practice in violation of this section is an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10,  article 7 of this title.
D. For the purposes of this section,  " restocking fee"  means a fee charged by a business for restocking of the good purchased on its return or exchange.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1378.02 - Prohibited acts

44-1378.02.
Prohibited acts
A foreclosure consultant shall not:
1. Claim,  demand,  charge,  collect or receive any compensation until after the foreclosure consultant has fully performed each covered service that the foreclosure consultant contracted to perform or represented that the foreclosure consultant would perform.
2. Claim,  demand,  charge,  collect or receive any fee,  interest or other compensation for any reason that is not fully disclosed to the homeowner.
3. Take any wage assignment,  lien on real or personal property,  assignment of a homeowner's equity or other interest in a residence in foreclosure or other security for the payment of compensation.
4. Receive any consideration from any third party in connection with a covered service provided to a homeowner unless the consideration is first fully disclosed to the homeowner.
5. Acquire,  directly or indirectly,  any interest in the residence in foreclosure of a homeowner with whom the foreclosure consultant has contracted to perform a covered service.
6. Accept a power of attorney from a homeowner for any purpose,  other than to inspect documents as provided by law.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1378.03 - Foreclosure consulting contract

44-1378.03.
Foreclosure consulting contract
A foreclosure consulting contract shall:
1. Be in writing and provided to and retained by the homeowner,  without changes,  alterations or modifications,  for review at least twenty-four hours before it is signed by the homeowner.
2. Be printed in at least twelve-point type and shall include the name and address of the foreclosure consultant to which a notice of cancellation can be mailed and the date the homeowner signed the contract.
3. Fully disclose the exact nature of the foreclosure consulting services to be provided and the total amount and terms of any compensation the foreclosure consultant or associate will receive.
4. Be dated and personally signed,  with each page being initialed,  by each homeowner of the residence in foreclosure and the foreclosure consultant and shall be acknowledged by a notary public in the presence of the homeowner at the time the homeowner signs the contract.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1378.04 - Right of cancellation

44-1378.04.
Right of cancellation
A. In addition to any right of rescission available under state or federal law,  a homeowner has the right to cancel a contract with a foreclosure consultant until midnight of the third business day following the day on which the homeowner signs a contract that complies with this article.
B. Cancellation occurs when the homeowner personally gives written notice of cancellation of the foreclosure consulting contract to the foreclosure consultant at the address specified in the contract or through any fax or electronic mail address identified in the contract or other materials provided to the homeowner by the foreclosure consultant.
C. Notice of cancellation,  if given by mail,  is effective on deposit of the notice in the United States mail,  properly addressed,  with postage prepaid.
D. A notice of cancellation given by the homeowner does not need to be in the particular form provided with the contract and,  however expressed,  is effective if it indicates the intention of the homeowner not to be bound by the contract.
E. As part of the cancellation of a foreclosure consulting contract,  the homeowner shall repay,  within sixty days after the notice of cancellation,  all monies paid or advanced in good faith before the receipt of notice of cancellation by the foreclosure consultant under the terms of the foreclosure consulting contract.
F. The right to cancel may not be conditioned on the repayment of any monies.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1378.05 - Homeowner action to recover damages

44-1378.05.
Homeowner action to recover damages
A. A homeowner who is injured as a result of a foreclosure consultant's violation of this article may bring an action against the foreclosure consultant to recover damages caused by the violation,  together with reasonable attorney fees and costs.
B. If the homeowner prevails in the action,  the court may award punitive damages as determined by a jury or by a court sitting without a jury,  but the punitive damages shall be at least one and one-half times the amount awarded to the homeowner as actual damages.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1378.06 - Fraud or deceit against homeowner; classification

44-1378.06.
Fraud or deceit against homeowner;  classification
A foreclosure consultant who engages in any conduct that constitutes fraud or deceit against a homeowner in connection with a transaction that is subject to this article,  including a foreclosure reconveyance,  is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1378.07 - Enforcement

44-1378.07.
Enforcement
A. The attorney general or a county attorney may enforce the criminal provisions of this article.
B. An act or practice in violation of this article constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10,  article 7 of this title.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1380 - Consumer incentive item regulation; state preemption; definition

44-1380.
Consumer incentive item regulation;  state preemption;  definition
A. The regulation and use of consumer incentive items from retail food establishments are of statewide concern. The regulation of consumer incentive items pursuant to this article and their use,  including their use in retail food establishment marketing,  are not subject to further regulation by a county,  city,  town or other political subdivision of this state.
B. For the purposes of this section,  " consumer incentive item"  means any licensed media character,  toy,  game,  trading card,  contest,  point accumulation,  club membership,  admission ticket,  token,  code or password for digital access,  coupon,  voucher,  incentive,  crayons,  coloring placemats or other premium or prize or consumer product that is associated with a meal served by or acquired from a restaurant,  food establishment or convenience store.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1381 - Operator service providers; collect call rates; disclosure

44-1381.
Operator service providers;  collect call rates;  disclosure
A provider of automated or live operator services accessed from a jail,  prison or correctional facility in this state shall provide an oral rate disclosure to the party responsible for the payment of the call. The rate disclosure shall occur before the party responsible for the payment of the collect call accepts the call regardless if the call is an interstate or intrastate call.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1382 - Transfer of personal property; city, town or county

44-1382.
Transfer of personal property;  city,  town or county
Notwithstanding any other law,  this state and a city,  town or county shall not require as a condition of a private sale,  gift,  donation or other transfer of personal property that the owner of the personal property search or facilitate the search of any federal or state databases and shall not require that a third party be involved.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1402 - Contract, combination or conspiracy to restrain or monopolize trade

44-1402.
Contract,  combination or conspiracy to restrain or monopolize trade
A contract,  combination or conspiracy between two or more persons in restraint of,  or to monopolize,  trade or commerce,  any part of which is within this state,  is unlawful.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1403 - Establishment, maintenance or use of monopoly

44-1403.
Establishment,  maintenance or use of monopoly
The establishment,  maintenance or use of a monopoly or an attempt to establish a monopoly of trade or commerce,  any part of which is within this state,  by any person for the purpose of excluding competition or controlling,  fixing or maintaining prices is unlawful.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1404 - Exclusions

44-1404.
Exclusions
A. Labor of a human being is not a commodity or an article of commerce.
B. This article shall not be construed to forbid the existence and operation of any labor,  agricultural or horticultural organization instituted for the purpose of mutual help,  while lawfully carrying out its legitimate objects.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1407 - Civil penalty and injunctive enforcement

44-1407.
Civil penalty and injunctive enforcement
The attorney general or a county attorney with the permission or at the request of the attorney general may bring an action for appropriate injunctive or other equitable relief and civil penalties and as determined by the court,  taxable costs,  such other fees and expenses reasonably incurred and reasonable attorney fees,  in the name of the state for a violation of this article. The court may assess for the benefit of the state a civil penalty of not more than one hundred fifty thousand dollars for each violation of this article.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1408 - Damages; injunctive relief

44-1408.
Damages;  injunctive relief
A. The state,  a political subdivision or any public agency threatened with injury or injured in its business or property by a violation of this article may bring an action for appropriate injunctive or other equitable relief,  damages sustained and,  as determined by the court,  taxable costs and reasonable attorney's fees.
B. A person threatened with injury or injured in his business or property by a violation of this article may bring an action for appropriate injunctive or other equitable relief,  damages sustained and,  as determined by the court,  taxable costs and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant,  it shall increase recovery to an amount not in excess of three times the damages sustained.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1409 - Judgment as prima facie evidence

44-1409.
Judgment as prima facie evidence
A final judgment or decree determining that a person has violated this article in an action brought by the state under section 44-1407 or 44-1408,  subsection A,  other than a consent judgment or decree entered before any testimony has been taken,  is prima facie evidence against such person in any other action against him under section 44-1408 as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto. This section does not affect the application of collateral estoppel or issue preclusion.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1410 - Limitations of actions

44-1410.
Limitations of actions
A. An action under section 44-1407 to recover a civil penalty is barred if it is not commenced within four years after the cause of action accrues.
B. An action under section 44-1408 to recover damages is barred if it is not commenced within four years after the cause of action accrues,  or within one year after the conclusion of any timely action brought by the state under section 44-1407 or 44-1408,  subsection A,  based in whole or in part on any matter complained of in the action for damages,  whichever is later.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1412 - Uniformity

44-1412.
Uniformity
This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among those states that enact it. It is the intent of the legislature that in construing this article,  the courts may use as a guide interpretations given by the federal courts to comparable federal antitrust statutes.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1414 - Order compelling testimony or production of evidence; immunity; contempt

44-1414.
Order compelling testimony or production of evidence;  immunity;  contempt
A. In any proceeding or investigation under this article,  if a person refuses to answer a question or produce evidence of any kind on the ground that he may be incriminated and if the attorney general or county attorney requests the court in writing to order the person to answer the question or produce the evidence,  the court may make this order and the person shall comply with the order. If the court denies the request,  the court shall state its reasons for denial in writing. After complying,  the testimony or evidence,  or any information directly or indirectly derived from the testimony or evidence,  shall not be used against the person in any proceeding or prosecution for a crime or offense concerning which he gave an answer or produced evidence under the court order,  except that immunity obtained pursuant to this section does not prevent or in any way affect the bringing of an action under section 44-1408. Immunity obtained pursuant to this section does not exempt any person from prosecution,  penalty or forfeiture for any perjury,  false swearing or contempt committed in answering,  or failing to answer,  or in producing,  or failing to produce,  evidence in accordance with the order.
B. If a person refuses to testify after being granted immunity and after being ordered to testify as prescribed in subsection A of this section,  he may be adjudged in contempt.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1415 - Notice to attorney general; appearance

44-1415.
Notice to attorney general;  appearance
A. A person filing a complaint,  counterclaim or answer for any violation of the provisions of this article shall simultaneously with the filing of the pleading in the superior court or,  in the case of pendent state law claims in the federal court,  serve a copy of the complaint,  counterclaim or answer on the attorney general. Proof of service on the attorney general shall be filed with the court.
B. A person who commences,  by special action or appeal,  any proceeding in any state or federal appellate court in which a violation of this article is alleged or any application of this article appears to be in issue shall serve notice of the special action or appeal on the attorney general within three days after the commencement of the proceeding,  provided that the time may be extended by leave of the court for good cause shown.
C. The state may appear as amicus curiae in any civil action or proceeding pending before any Arizona court,  agency,  board or commission in which matters related to this article appear to be in issue.
D. Service of any notice required under this section does not limit or otherwise affect the right of this state to maintain an action under this article or intervene in a pending action nor does it authorize the person to name this state or the attorney general as a party to the action.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1416 - Government contract, combination or conspiracy to restrain trade or commerce; violation; classification

44-1416.
Government contract,  combination or conspiracy to restrain trade or commerce;  violation;  classification
A. A contract,  combination or conspiracy in violation of section 44-1402 is per se unlawful if it involves:
1. A contract between a governmental agency and a person for the purchase of equipment,  services,  labor,  goods,  materials and commodities of any kind.
2. A subcontract with a contractor or proposed contractor for a governmental agency for the purchase of equipment,  services,  labor,  goods,  materials and commodities of any kind.
B. This section does not prevent or limit a court in finding other conduct that violates section 44-1402 to be per se unlawful.
C. A person who enters into a contract,  combination,  conspiracy or other act in violation of this section is guilty of a class 4 felony in addition to all other remedies provided by this chapter.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1421 - Definitions

44-1421.
Definitions
In this article,  unless the context otherwise requires:
1. " Assertion of patent infringement"  means any of the following:
(a) Sending or delivering a demand to a target.
(b) Threatening a target with litigation and asserting or alleging that the target has engaged in patent infringement.
(c) Sending or delivering a demand to the customers of a target.
(d) Making assertions or allegations,  other than those made in litigation against a target,  that a target has engaged in patent infringement or that a target should obtain a license to a patent in order to avoid litigation.
2. " Claim"  means the scope of the patent owner's exclusive rights to the use and control of the patent owner's invention.
3. " Demand"  means a letter,  an e-mail or any other communication asserting that a person has engaged in patent infringement or should obtain a license to a patent but does not include a petition filed in a court of competent jurisdiction.
4. " Person"  means any individual,  corporation,  partnership,  limited liability company,  governmental entity,  institution of higher education or other legal or commercial entity.
5. " Target"  means any of the following:
(a) A person that has received a demand or against whom an assertion of patent infringement has been made and who has information indicating the assertion was made in bad faith pursuant to section 44-1422.
(b) A person that has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement and who has information indicating the assertion of patent infringement was made in bad faith pursuant to section 44-1422.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1441 - Definitions

44-1441.
Definitions
A. In this article,  unless the context otherwise requires:
1. " Applicant"  means the person filing an application for registration of a mark under this article or the person's legal representatives,  successors or assigns.
2. " Dilution"  means the lessening of the capacity of a famous mark to identify and distinguish goods or services,  regardless of the presence or absence of either:
(a) Competition between the owner of the famous mark and other parties.
(b) Likelihood of confusion,  mistake or deception.
3. " Mark"  means any trademark or service mark.
4. " Person"  means any individual,  firm,  partnership,  corporation,  association,  union or other organization.
5. " Registrant"  means the person to whom the registration of a mark under this article is issued or the person's legal representatives,  successors or assigns.
6. " Service mark"  means any word,  name,  symbol or device or any combination of these items that is adopted and used by a person to identify services provided or sold by that person and to distinguish the services from services provided or sold by others.
7. " Trademark"  means any word,  name,  symbol or device or any combination of these items that is adopted and used by a person to identify goods made or sold by that person and to distinguish the goods from goods made or sold by others.
8. " Use"  or " used"  means the bona fide use of a mark in the ordinary course of trade and not made merely to reserve a right in a mark.
B. A mark is in use:
1. On goods when it is placed in any manner on the goods or other containers or the displays associated with the goods or other containers or on the tags or labels affixed to the goods or other containers,  or if the nature of the goods makes the placement impracticable,  then on documents associated with the goods or their sale,  and the goods are sold,  transported or distributed in this state.
2. On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.
C. A mark is abandoned if either of the following occurs:
1. Its use has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances. Nonuse for three consecutive years constitutes prima facie evidence of abandonment.
2. Any course of conduct of the owner,  including acts of omission as well as commission,  causes the mark to lose its significance as a mark.
2023 Arizona Revised Statutes › Title 44 - Trade and Commerce › § 44-1442 - Registrability

44-1442.
Registrability
A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
1. Consists of or comprises immoral,  deceptive or scandalous matter.
2. Consists of or comprises matter which may disparage or falsely suggest a connection with persons,  living or dead,  institutions,  beliefs,  or national symbols,  or bring them into contempt,  or disrepute.
3. Consists of or comprises the flag or coat of arms or other insignia of the United States,  or of any state or municipality,  or of any foreign nation,  or any simulation thereof.
4. Consists of or comprises the name,  signature or portrait of any living individual,  except with his written consent.
5. Consists of a mark which:
(a) When used on or in connection with the goods or services of the applicant,  is merely descriptive or deceptively misdescriptive of them.
(b) When used on or in connection with the goods or services of the applicant,  is primarily geographically descriptive or deceptively misdescriptive of them.
(c) Is primarily merely a surname,  but nothing in this paragraph shall prevent the registration of a mark which has become distinctive of the applicant's goods or services in this state. The secretary of state may accept as prima facie evidence that a mark has become distinctive of the applicant's goods in this state proof of substantially exclusive and continuous use of such mark in this state by the applicant during the five-year period preceding the execution of the application for registration.
6. Consists of or comprises a mark that so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned,  and that when applied to the goods or services of the applicant,  is likely to cause confusion or mistake or to deceive.