Arizona Revised Statutes Title 44 - Trade And Commerce

Chapter 1 CONTRACTS
Article 1 Statute of Frauds

  • § 44-101 Statute Of Frauds
    No action shall be brought in any court in the following cases unless the promise or agreement upon which the action is brought, or...

Article 2 Consideration

Article 3 Capacity to Contract

Article 3.1 Model Minor Student Capacity to Borrow Act

  • § 44-140 Definitions
    In this article, unless the context otherwise requires: 1. " Educational institution" means a university, college, community college, junior college, high school, technical, vocational...
  • § 44-140.01 Educational Loan; Enforceable; Prerequisites
    Any written obligation signed by a minor sixteen or more years of age in consideration of an educational loan received by him from any...

Article 4 Liability of Parties

Article 5 European Currency

Chapter 2 MOTOR VEHICLE TIME SALES DISCLOSURE ACT
Article 1 In General

Chapter 3 REVISED ARIZONA UNCLAIMED PROPERTY ACT
Article 1 General Provisions

Chapter 3 UNCLAIMED PROPERTY IN MUSEUMS
Article 1 In General

Chapter 4 UNIFORM TRADE SECRETS ACT
Article 1 General Provisions

  • § 44-401 Definitions
    In this chapter, unless the context otherwise requires: 1. " Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a...
  • § 44-402 Injunctive Relief
    A. Actual or threatened misappropriation may be enjoined. On application to the court, the court shall terminate an injunction if the trade secret has...
  • § 44-403 Damages
    A. Except to the extent that a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation renders a...
  • § 44-404 Attorney Fees
    The court may award reasonable attorney fees to the prevailing party for any of the following: 1. A claim of misappropriation made in bad...
  • § 44-405 Preservation Of Secrecy; Definition
    A. In an action under this chapter or section 13-1802 or 13-2316.02 a court shall preserve the secrecy of an alleged trade secret by...
  • § 44-406 Statute Of Limitations
    An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have...
  • § 44-407 Effect On Other Laws
    A. Except as provided in subsection B, this chapter displaces conflicting tort, restitutionary and other laws of this state providing civil remedies for misappropriation...

Chapter 8 TRANSACTIONS AND TRANSFERS AFFECTING THE INTEREST OF CREDITORS
Article 1 Uniform Fraudulent Transfer Act

Article 3 Assignments for the Benefit of Creditors

Article 4 Sale or Assignment of Chattels Unaccompanied by Change of Possession

Chapter 9 TRADE PRACTICES GENERALLY
Article 1 Miscellaneous Provisions Relating to Loans

Article 2 Miscellaneous Fraudulent Practices

Article 2.1 Fraudulent Practices in the Sale of Indian Arts and Crafts

Article 2.2 Registration of Fictitious Names

Article 3 Fraudulent Practices in Sale of Petroleum Products

Article 4 Beverage Containers

Article 5 Motor Vehicle Warranties

Article 6 Telephone Solicitations

Article 7 Aftermarket Crash Parts

  • § 44-1291 Definitions
    In this article, unless the context otherwise requires: 1. " Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or...
  • § 44-1292 Identification Of Aftermarket Crash Part
    A nonoriginal equipment manufacturer that supplies an aftermarket crash part for use in this state shall affix to the part or inscribe on the...
  • § 44-1293 Disclosure On Use Of Aftermarket Crash Part
    A motor vehicle repair facility or motor vehicle parts installer shall not use a nonoriginal equipment manufacturer aftermarket crash part to repair a vehicle...
  • § 44-1294 Enforcement
    Violation of this article is declared to be an unlawful practice and is subject to all of the penalties and enforcement procedures provided in...

Article 8 Waste Tire Disposal

Article 9 Sale and Disposal of Batteries

Article 10 Medical Sharps

Article 11 Assistive Device Warranties

Article 12 Check Cashers

Article 13 Consumer Service Fees

Article 14 Credit Card Transaction Receipts

Article 15 Motor Vehicle Transactions

Article 16 Commercial Electronic Mail

Article 17 Confidentiality of Personal Identifying Information

Article 18 Confidentiality of Petroleum Industry Information

Article 19 Appliances and Equipment Energy Efficiency Standards

  • § 44-1375 Definitions
    In this article, unless the context otherwise requires: 1. " Automatic commercial icemaker" means a factory made assembly that is shipped in one or...
  • § 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....
  • § 44-1375.02 Standards
    A. Except as provided in subsection C, the following standards apply beginning January 1, 2008: 1. Automatic commercial icemakers shall meet the requirements of...
  • § 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,...

Article 20 Telephone, Utility and Communication Service Records

Article 21 Restocking Fees

Article 22 Foreclosure Consultants

  • § 44-1378 Definitions
    In this article, unless the context otherwise requires: 1. " Covered service" includes: (a) Financial counseling, including debt counseling and budget counseling to assist...
  • § 44-1378.01 Applicability
    A. This article does not apply to: 1. A person licensed to practice law in this state, while performing any activity related to the...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 44-1378.08 Cumulative Nature Of Penalties
    The rights, remedies and penalties provided pursuant to this article are cumulative and do not abrogate and are in addition to any other rights,...

Article 23 Transportation Service Contracts

Article 24 Retail Food Establishments

Article 25 Operator Service Providers

Chapter 10 COMPETITION AND COMPETITIVE PRACTICES
Article 1 Uniform State Antitrust Act

Article 3 Registration and Protection of Trademarks and Service Marks

Article 3.1 Trade Names

Article 5 Advertising

Article 6 Rate Signs of Hotels and Motor Courts

Article 7 Consumer Fraud

Article 8 Petroleum Products Franchises

Article 9 Beer Franchises

  • § 44-1565 Definitions
    In this article, unless the context otherwise requires: 1. " Beer" means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley...
  • § 44-1566 Franchise Termination
    A supplier of beer or wholesaler of beer shall not fail to act in good faith in performing or complying with any terms, provisions...
  • § 44-1567 Action For Damages; Other Remedies; Defense
    A. Any wholesaler may bring an action against a supplier or a supplier may bring an action against a wholesaler for violation of section...

Article 10 Unlawful Practices in Telecommunications and Ancillary Services

Chapter 11 REGULATIONS CONCERNING PARTICULAR BUSINESSES
Article 1 Dealers of Precious Items

Article 3 Pawnbrokers

Article 3.1 Scrap Metal Dealers

Article 4 Future Contracts and Bucket Shops

Article 5 Jewelry Auctions

Article 6 Consumer Reporting Agencies and Fair Credit Reporting

Article 7 Credit Services

Article 8 Delivery Containers

Article 9 Pyramid Promotional Schemes

Article 10 Dance Studio Contracts

Article 11 Solar Energy Devices

Article 12 Consignments of Works of Fine Art

Article 13 Health Spa Contracts

Article 14 Discount Buying Services

Article 15 Sales Representative Contracts

Article 16 Loan Servicing

Article 17 Pet Dealers

Article 18 Casket Sales

Article 19 Shopping Carts

Article 20 Heavy Equipment Rental Agreements

Article 21 Solicitations Using Loan Information

Article 22 Amusement Ride Safety

Article 23 Public Sale of Animals

Article 24 Bulk Merchandise Containers

Article 25 Direct Primary Care Provider Plans

Chapter 12 SALES OF SECURITIES
Article 1 Definitions

  • § 44-1801 Definitions
    In this chapter and chapter 13 of this title, unless the context otherwise requires: 1. " Blind pool offering" means an offering in which...

Article 2 Administrative Personnel

Article 3 General Administrative Powers

Article 4 Sale of Securities

Article 5 Fees, Form of Consent to Service of Process and Securities Filings

Article 6 Registration of Securities by Description

Article 7 Registration of Securities by Qualification

Article 8 Denial, Revocation or Suspension of Securities by Registration

Article 9 Registration of Dealers and Salesmen

Article 10 Denial, Revocation or Suspension of Registration as Dealer or Salesman

Article 11 Hearings

Article 12 Appeals

  • § 44-1981 Judicial Review
    Decisions of the commission pursuant to this chapter shall be subject to judicial review in the Maricopa county superior court pursuant to title 12,...

Article 13 Fraudulent Practices

Article 14 Civil Remedies and Liabilities

Article 15 Conservators and Receivers

Article 16 Enforcement

Article 17 Capital Markets

Article 18 Private Securities Litigation

Article 19 Audits

Chapter 13 INVESTMENT MANAGEMENT
Article 1 Definitions

  • § 44-3101 Definitions
    In this chapter, unless the context otherwise requires: 1. " Closed-end company" means any management company other than an open-end company or unit investment...
  • § 44-3102 Interpretations By Commission
    In interpreting the definitions prescribed in section 44-3101 and other terms and phrases used in this chapter, the commission may refer to identical terms...

Article 2 Administrative Personnel

Article 3 General Administrative Powers

Article 4 Licensure of Investment Advisers and Investment Adviser Representatives

Article 5 Fees

  • § 44-3181 Fees; Penalties; Abandonment
    A. The annual nonrefundable license fee for each licensed investment adviser and investment adviser representative and the annual nonrefundable notice filing fee for each...

Article 6 Denial, Revocation or Suspension of License

Article 7 Hearings

Article 8 Appeals

  • § 44-3231 Judicial Review
    Decisions of the commission pursuant to this chapter are subject to judicial review in superior court in Maricopa county pursuant to title 12, chapter...

Article 9 Fraudulent Practices

Article 10 Conservators and Receivers

Article 11 Enforcement

Article 12 Notice of Filings of Certain Investment Companies

Chapter 15 HOME SOLICITATIONS AND REFERRAL SALES
Article 1 In General

Chapter 16 RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES
Article 1 In General

  • § 44-5501 Restrictions
    A. This section applies to a consumer credit sale of goods or services. B. Notwithstanding any agreement to the contrary, if the seller or...

Chapter 17 RETAIL INSTALLMENT SALES TRANSACTIONS
Article 1 In General

Chapter 18 FOREIGN TRADE ZONES
Article 1 In General

Chapter 19 SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
Article 1 General Provisions

Chapter 20 EQUIPMENT DEALERS
Article 1 General Provisions

Chapter 21 INVESTMENT PENSION FUNDS
Article 1 General Provisions

  • § 44-6751 Investment Of Pension Funds
    Notwithstanding any other law, the investment managers of public and private pension funds deposited in this state shall not be required to invest in...

Chapter 22 RENTAL-PURCHASE AGREEMENTS
Article 1 General Provisions

  • § 44-6801 Definitions
    In this chapter, unless the context otherwise requires: 1. " Advertisement" means a commercial message in any medium that solicits a consumer to enter...
  • § 44-6802 Applicability
    A. This chapter does not apply to the following: 1. Rental-purchase agreements primarily for business, commercial or agricultural purposes. 2. Rental-purchase agreements with governmental...
  • § 44-6803 General Requirements Of Disclosure
    A. A lessor shall disclose to a consumer the information prescribed in section 44-6804. In a transaction involving more than one lessor, only one...
  • § 44-6804 Disclosures
    For each rental-purchase agreement, a lessor shall disclose in the agreement, or as otherwise required in this section, the following items: 1. The frequency...
  • § 44-6805 Prohibited Rental-Purchase Agreement Terms; Practices
    A. A rental-purchase agreement shall not contain any of the following: 1. A confession of judgment. 2. A negotiable instrument. 3. A security interest...
  • § 44-6806 Collection Practices
    A. A lessor shall not engage in any unlawful or deceptive conduct or make any untrue or misleading statement in connection with the collection...
  • § 44-6807 Reinstatement
    A. A consumer who fails to make a timely rental payment may reinstate the rental-purchase agreement, without losing any rights or options that exist...
  • § 44-6808 Receipts
    On request by the consumer, a lessor shall provide the consumer with a written receipt for each payment made by cash or money order.
  • § 44-6809 Renegotiations
    A. A renegotiation occurs if any term of a rental-purchase agreement that is required to be disclosed by section 44-6804 is changed by agreement...
  • § 44-6810 Advertising
    A. If an advertisement for a rental-purchase agreement refers to or states the dollar amount of any periodic payment and the right to acquire...
  • § 44-6811 Enforcement; Penalties
    A. A lessor who fails to comply with the requirements of this chapter is liable to the consumer damaged by the lessor's failure to...
  • § 44-6812 Lessor's Defenses; Definition
    A. If a lessor establishes by a preponderance of the evidence that a violation of this chapter was unintentional or the result of a...
  • § 44-6813 Assignment Of A Rental-Purchase Agreement
    If a lessor assigns or transfers a rental-purchase agreement to a third party, all of the consumer's rights created by the rental-purchase agreement and...
  • § 44-6814 Notices
    A written notice required or permitted by this chapter is: 1. Deemed to have been received on personal delivery to the consumer or lessor....

Chapter 23 DISHONORED CHECK FEES
Article 1 General Provisions

  • § 44-6851 Definitions
    In this chapter, unless the context otherwise requires: 1. " Check" means a draft that is payable on demand and drawn on a financial...
  • § 44-6852 Dishonored Checks; Service Fee
    Notwithstanding any other law, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge...

Chapter 25 SENIOR RESIDENTIAL ENTRANCE FEE CONTRACTS
Article 1 General Provisions

Chapter 26 ELECTRONIC TRANSACTIONS
Article 1 General Provisions

Article 2 Secure Electronic Records and Signatures

  • § 44-7031 Secure Electronic Signatures
    A signature is a secure electronic signature if, through the application of a security procedure, it can be demonstrated that the electronic signature at...
  • § 44-7032 Secure Electronic Records
    If, through the ongoing application of a security procedure, it can be demonstrated that an electronic record signed by a secure electronic signature has...
  • § 44-7033 Presumptions
    A. There is a rebuttable presumption that a secure electronic record has not been altered since the specific time to which the secure status...
  • § 44-7034 Electronic Notarization; Acknowledgment
    If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied if all of...

Article 3 Governmental Electronic Records

Article 4 Miscellaneous Provisions

Chapter 27 TOBACCO PRODUCT MANUFACTURERS ESCROW ACCOUNTS
Article 1 Model Statute

Article 2 Model Nonparticipating Manufacturers Legislation

Chapter 28 DATING REFERRAL SERVICES
Article 1 General Provisions

Chapter 29 INTERNET REPRESENTATIONS
Article 1 General Provisions

  • § 44-7201 Definitions
    For the purposes of this chapter, unless the context otherwise requires: 1. " Electronic mail message" means a message sent to a unique destination...
  • § 44-7202 Prohibition
    A person, with the intent to commit fraud or theft, shall not use a web page or electronic mail message or otherwise use the...
  • § 44-7203 Civil Remedies; Damages
    A. A person who either is engaged in the business of providing internet access service to the public or owns a web page or...
  • § 44-7204 Violation; Classification
    A person who violates this chapter is guilty of a class 5 felony.

Chapter 30 COMPUTER SPYWARE
Article 1 General Provisions

  • § 44-7301 Definitions
    In this chapter, unless the context otherwise requires: 1. " Advertisement" means a communication the primary purpose of which is the commercial promotion of...
  • § 44-7302 Prohibited Activities; Applicability
    A. It is unlawful for any person who is not an owner or operator of a computer to transmit computer software to a computer,...
  • § 44-7303 Statewide Concern; Preemption
    It is the intent of the legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations,...
  • § 44-7304 Civil Remedies; Damages
    A. In addition to any other remedies provided by law, the attorney general, or a computer software provider or a web site or trademark...

Chapter 31 GIFT CARDS
Article 1 General Provisions

Chapter 32 NOTIFICATION FOR COMPROMISED PERSONAL INFORMATION
Article 1 General Provisions

Chapter 33 RECORD DISCARD AND DISPOSAL
Article 1 Discard and Disposal of Personal Identifying Information Records

Chapter 34 RETAILER USE OF IDENTIFICATION INFORMATION
Article 1 General Provisions

Chapter 35 CREDIT CARD AGREEMENTS
Article 1 General Provisions

Last modified: October 13, 2016