Title 44 — Trade and Commerce

A. Any contract for dance studio lessons and other services entered into in reliance upon any wilful and false, fraudulent or misleading information, representation, notice or advertisement of the dance studio shall be voidable. Any contract for dance studio lessons and other ser…

A. The superior court of this state shall have jurisdiction in equity to restrain and enjoin the violation of any of the provisions of this article. B. The duty to institute actions for violation of the provisions of this article, including equity proceedings to restrain and enjo…

In this article, unless the context otherwise requires: 1. "Cost share" means an insured's applicable coinsurance, copayment and deductible requirement under a health plan based on the adjudicated claim. 2. "Pharmacy benefit manager" has the same meaning prescribed in section 20-…

A. A pharmacy benefits manager may not do any of the following: 1. Prohibit a pharmacist or pharmacy from providing an insured individual information on the amount of the insured's cost share for the insured's prescription drug and the clinical efficacy of a more affordable alter…

A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy in its network from dispensing a ninety-day fill of a prescription medication pursuant to Arizona state board of pharmacy rules and guidance if either: 1. A ninety-day fill of that medication is allo…

A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy from offering as an ancillary service of a pharmacy within the terms of the contract either of the following: 1. The limited delivery of prescription drugs by mail or common carrier to a patient. 2. …

In this article, unless the context otherwise requires: 1. "Collector" means a component of a solar energy device that is used to absorb solar radiation, convert it to heat or electricity and transfer the heat to a heat transfer fluid or to storage. 2. "Distributed energy generat…

A. The collectors, heat exchangers and storage units of a solar energy device that is sold or installed in this state or leased or financed under an agreement pursuant to section 44-1763, and the installation of the solar energy device, shall be warranted for a period of at least…

1. Be signed by the person buying, financing or leasing the distributed energy generation system and must be dated. Any agreement that contains blank spaces affecting the timing, value or obligations of the agreement in a material manner when signed by the buyer or lessee is void…

Any person who seeks to install, energize or interconnect a distributed energy generation system must first submit a complete application for interconnection to the power grid to the utility that owns or operates the power grid at the point of interconnection. A person shall not …

In this article, unless the context otherwise requires: 1. "Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction. 2. "Artist" means the creator of a work of fine…

If an art dealer accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art: 1. The art dealer is, with respect to that work of fine art, the agent of the artist. 2. The work of fine art is trust p…

A. If a work of fine art is trust property under section 44-1772 when initially received by the art dealer it remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer's own account until the…

Notwithstanding title 47, no property which is trust property under section 44-1772 or 44-1773 is subject to the claims, liens or security interests of the creditors of the art dealer.

A. An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishi…

A. An art dealer who accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art may use or display the work of fine art or a photograph of the work of fine art or permit the use or display of the w…

Any portion of an agreement which waives any provision of this article is void.

A. Any art dealer who violates section 44-1775 or section 44-1776, subsection A is liable to the artist in an amount equal to: 1. Five hundred dollars. 2. The actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the viol…

In this article, unless the context otherwise requires: 1. "Contract for health spa services" means a contract for membership in any health spa or for instruction, training, assistance or use of facilities primarily for physical exercise, weight control or figure development. 2. …

This article does not apply to: 1. Any private club owned and operated by its members, any facility owned or operated by the state of Arizona or any of its political subdivisions, any health spa operated by a fraternal or benevolent society organized under title 10, chapter 19, a…

A. Every contract for health spa services shall be in writing and subject to this article. A copy of the written contract shall be given to the customer at the time the customer signs the contract. B. A contract for health spa services shall specifically set forth in a conspicuou…

A. A contract for health spa services shall not require the execution of any note or series of notes by the customer which, if separately negotiated, will cut off as to third parties any right of action or defense which the customer has against the health spa. B. A right of actio…

A. A health spa may charge and accept a down payment not to exceed five per cent of the total contract price prior to opening of the health spa facility unless the seller maintains the same or similar facilities and services within ten miles of the customer's residence which the …

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

A. In this article, unless the context otherwise requires: 1. "Contract for discount buying services" means a written contract between one party who is purchasing the service for personal or family use and a discount buying organization by which the buyer for a consideration rece…

Each discount buying organization shall maintain a bond in the principal sum of thirty thousand dollars for each outlet of such discount buying organization where contracts for discount buying services are sold or orders for goods are taken. The bond shall be executed by the disc…

A. The bond required by section 44-1797.01 shall be in favor of this state to be held in trust by the state treasurer for the benefit of any person who suffers financial damage as a result of any violation of this article or by fraud or dishonesty or failure to provide the servic…

A. In lieu of furnishing the bond as required by section 44-1797.01, the seller may deposit with the state treasurer a cash deposit in a like amount or by any of the following: 1. Certificates of deposit issued by banks doing business in this state and insured by the federal depo…

A. Each discount buying organization, immediately upon obtaining the signature of a buyer on any application or contract for discount buying services, shall provide to the buyer and shall allow the buyer to retain a copy of the following written disclosures: 1. An itemization of …

A. Each contract for discount buying services shall be in writing and is subject to the provisions of this article. The address of the seller's discount buying facility and the residence address of the buyer shall be clearly indicated on the face of the contract. A copy of the wr…

No contract for discount buying services may require payments or financing by the buyer over a period in excess of thirty months from the date the contract was entered into.

Each contract for discount buying services shall provide that the buying services become available to the buyer within three days from the date the contract was entered into.

No contract for discount buying services may require or entail the execution of any note or series of notes by the buyer which, if separately negotiated, will cut off as to any third party any right of action or defense which the buyer may have against the seller.

No right of action or defense arising out of a contract for discount buying services which the buyer has against the discount buying organization may be cut off by assignment or transfer of the contract to any third party.

A. Each contract for discount buying services shall provide that if any goods ordered by the buyer from the seller are not delivered to the buyer or available for pickup by the buyer at a location within his county of residence within one hundred twenty days from the date the buy…

A. Each contract for discount buying services shall further provide that such contract may be canceled at any time within three business days after the date of receipt by the buyer of a copy of the contract, such time to be computed exclusive of the date of receipt of the contrac…

A. A contract for discount buying services which does not comply with the applicable provisions of this article is voidable by the buyer. B. No discount buying organization may make or authorize the making of any reference to its compliance with this article.

Any untrue or misleading information, representation, notice, material omission or advertisement of the seller which has been received by or made to the buyer before he signs a contract for discount buying services renders the contract for discount buying services void and unenfo…

If a discount buying organization removes its place of business, or if it conducts business at more than one location, that place of business which is geographically closest to the buyer's residence indicated on the face of the contract, more than twenty miles farther from the bu…

A. Any transfer by a discount buying organization of its duty or obligation to provide services to buyers under its contracts for discount buying services to another individual, corporation or other business entity as a result of which a buyer has available substantially fewer go…

A buyer suffering financial damages as a result of a violation of this article may bring an action for the recovery of damages and return of all monies paid by the buyer to the seller. Judgment shall be entered for three times the amount at which the actual damages, plus such res…

A person who violates any provision of this article is guilty of a class 6 felony.

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.

A waiver by the buyer of the provisions of this article is deemed contrary to public policy and is void and unenforceable.

A. The attorney general or county attorney shall have the power to 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…

In this article, unless the context otherwise requires: 1. "Commission" means: (a) Compensation accruing to a sales representative for payment by a principal the rate of which is expressed as a percentage of the dollar amount of orders or sales. (b) Any other method of compensati…

A. The sales representative and the principal shall enter into a written contract. The contract shall set forth the method by which the sales representative's commission is to be computed and paid. B. The principal shall provide each sales representative with a signed copy of the…

A. If an agreement of services is terminated for any reason both of the following apply: 1. All the commissions due through the time of termination shall be paid to the sales representative within a period of not to exceed thirty days after termination. 2. All the commissions tha…

If a principal makes a revocable offer of a commission to a sales representative, the sales representative is entitled to the commission agreed on if all of the following apply: 1. The principal revokes the offer of commission and the sales representative establishes that the rev…

A principal who establishes a business relationship with a sales representative to solicit orders for products or services in this state is doing business in this state for purposes of jurisdiction. A provision in a contract between a sales representative and a principal that pur…