Title 44 — Trade and Commerce

A. Before beginning the solicitation or sales presentation over the telephone, the seller or solicitor shall disclose to the consumer: 1. The complete street address of the physical location from which the seller or solicitor is making the telephone solicitation and the complete …

A. A seller who offers or sells a business opportunity and who is required to file a registration statement pursuant to section 44-1272 shall not solicit a consumer from a location in this state or a consumer located in this state unless the seller provides a written disclosure d…

A. A business opportunity contract or agreement shall be in writing and shall be given to the consumer with the disclosure document required under section 44-1276.01. B. A business opportunity contract or agreement shall include the following: 1. The terms and conditions of payme…

A consumer may cancel a business opportunity contract or agreement with a seller for any reason at any time within ten business days after the date that the consumer signs the contract or agreement or the date that the seller notifies the consumer in writing that the contract or …

A. Except as provided in section 44-1273, it is unlawful for a seller to engage in a telephone solicitation unless the seller is registered pursuant to section 44-1272. B. A seller or solicitor engaged in a recovery service shall not charge or receive any money or other valuable …

A. It is an unlawful practice pursuant to section 44-1522 for a seller or solicitor or anyone acting on their behalf to make or authorize to any consumer any reference to the seller's or solicitor's compliance with this article other than on inquiry by the consumer. B. It is an u…

A consumer may rescind a sale by an unregistered seller at any time. The consumer may recover any purchase monies paid to the unregistered seller, financial damages caused by the unregistered seller and reasonable attorney fees and costs.

A. The county attorney or attorney general, in addition to other powers conferred on him by this article, may issue and serve in the manner provided under section 13-4072 a subpoena to a custodian of records of a public service corporation as defined by section 40-341 requesting:…

The secretary of state shall: 1. Prescribe and publish the forms and adopt the rules necessary to carry out this article. 2. Refer to the attorney general or county attorney for investigation any matter that the secretary of state has reason to believe constitutes a violation of …

A. A seller or solicitor or anyone acting on behalf of a seller or solicitor shall not initiate an outbound telephone solicitation call or text message to any telephone number if the telephone number is entered in the national do-not-call registry established by the federal trade…

In this article, unless the context otherwise requires: 1. "Aftermarket crash part" means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including the inner and outer panels. 2. "Installer" means…

A nonoriginal equipment manufacturer that supplies an aftermarket crash part for use in this state shall affix to the part or inscribe on the part the logo or name of the manufacturer.

A motor vehicle repair facility or motor vehicle parts installer shall not use a nonoriginal equipment manufacturer aftermarket crash part to repair a vehicle unless the part meets the specifications of section 44-1292 and unless the consumer is advised in a written notice attach…

Violation of this article is declared to be an unlawful practice and is subject to all of the penalties and enforcement procedures provided in chapter 10, article 7 of this title.

In this article, unless the context otherwise requires: 1. "Damage" means any cracking, bubbling, cutting, chunking or separation of the tire sidewall or tread, including exposed body ply or belt material, or any visible deterioration of the tire bead or inner liner. 2. "Improper…

(Rpld. 1/1/29) A. Until the effective date of the fees authorized pursuant to subsection N of this section, a retail seller of new motor vehicle tires shall collect a fee of two percent of the purchase price for each tire sold but not more than $2 for each tire sold, which shall …

A. An owner or operator of a waste tire collection site shall register with the department of environmental quality and provide the department with information concerning the site's location and size and the approximate number of waste tires that are stored at the site and shall …

A. The disposal of waste tires in landfills and the incineration of those tires is prohibited, except as provided in subsection C or D of this section or in accordance with rules adopted by the director of the department of environmental quality. An owner or operator of a solid w…

A. It is unlawful to store one hundred or more used motor vehicle tires outdoors as follows: 1. In any fashion that exceeds twenty feet in height. 2. In a pile that is more than one hundred fifty feet from a twenty foot wide access route that allows fire control apparatus to appr…

(Rpld. 1/1/29) A. A waste tire fund is established to be administered by the department of revenue consisting of monies collected from the fees applied to tires pursuant to this article. Monies in the fund are exempt from lapsing under section 35-190. B. At the end of each calend…

A. The department of environmental quality shall adopt and enforce rules to carry out the provisions of this article. B. Each county shall report by September 30 of each year to the department of environmental quality the following for the preceding fiscal year and provide a summ…

Unless otherwise provided, a person who violates a provision of this article, or any rule adopted by the director pursuant to this article, is subject to a civil penalty of not more than five hundred dollars per violation and is subject to citation under title 49, chapter 1, arti…

In this article, unless the context otherwise requires: 1. "Automotive recycler" has the same meaning prescribed in section 28-101. 2. "Industrial account" means a person or business entity that files or is required to file monthly returns for that person's or entity's transactio…

A. The disposal of lead acid batteries in landfills and the incineration of those batteries is prohibited. B. An owner or operator of a solid waste disposal facility shall not knowingly accept a lead acid battery for disposal. C. A lead acid battery shall be discarded or disposed…

A. A lead acid battery seller shall accept from customers at the point of transfer used lead acid batteries of the type and quantity sold at that point of transfer and may accept additional batteries. A seller shall not charge any deposit to receive those batteries, other than th…

A person who knowingly violates section 44-1322 or 44-1323 is subject to a civil penalty of not more than five hundred dollars per violation and is subject to citation under title 49, chapter 1, article 3, relating to environmental nuisances. Each battery that is sold, refunded o…

A. Every used automotive components dealer shall keep on the business premises a book or other similar record legibly printed or written in ink and in English of each transaction involving the receipt of two or more lead acid batteries, except if the batteries are a component of …

A used automotive components dealer who fails in any respect to keep a book or similar record prescribed by section 44-1325 or to set out in a book or similar record any matter this article requires or who refuses, on demand of any peace officer of this state, to exhibit a book o…

A. Within twenty-four hours of receipt of lead acid batteries, except from an industrial account or a used automotive components dealer, for which a record is required to be kept by section 44-1325, a used automotive components dealer shall electronically submit to the department…

A. A medical sharp which is sold only by prescription or which is otherwise restricted in its distribution to the general public but which is sold for personal use shall bear a label which describes a safe method for the disposal of the medical sharp. B. The director of the depar…

A. A tattoo needle and any waste exposed to human blood that is generated in the creation of a tattoo shall be disposed of in the same manner as biohazardous medical waste pursuant to section 49-761. B. A person who disposes of a tattoo needle or any waste generated in the creati…

In this article, unless the context otherwise requires: 1. "Assistive device" means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state and that is used to assist an individual with a disability as described in the Americans with d…

A. Except as provided in subsection B of this section, a manufacturer who sells an assistive device to a consumer, directly or through an assistive device dealer, shall give the consumer an express warranty against defects, malfunctions or conditions for the assistive device. The…

A. A consumer, as defined in section 44-1351, paragraph 5, subdivision (a), (b) or (c), shall notify the manufacturer of a nonconformity. Within thirty days after receiving notification of a nonconformity, the manufacturer shall provide the consumer with a comparable assistive de…

At the time the consumer takes possession of the assistive device, the assistive device dealer or assistive device lessor shall give the consumer the following written notice in fourteen point bold-faced type: By law the manufacturer is deemed to have provided to you, the purchas…

A. An assistive device dealer is not liable to a manufacturer for a refund if the assistive device dealer makes a repair in a manner that is consistent with the manufacturer's instructions. B. This section does not limit any rights or remedies available to a consumer under any ot…

In this article, unless the context otherwise requires: 1. "Check casher" means any person who engages in the business of cashing payment instruments more than ten times in any calendar year and who receives compensation of at least five hundred dollars during any thirty day peri…

A. A check casher may charge a fee for cashing a payment instrument, and the check casher shall give a receipt to the customer for each transaction. B. A check casher shall display in a conspicuous location in the check casher's principal place of business and each branch office …

In this article, unless the context otherwise requires: 1. "Consumer" means a natural person or persons who purchase consumer services. 2. "Consumer service": (a) Means a service that is primarily for personal, family or household purposes and that the seller provides in return f…

A. Unless otherwise prohibited by law, a seller of consumer services may impose a delinquency fee on any consumer with an account that has an unpaid balance of more than ten dollars if the following conditions are met: 1. For a sale of consumer services for which periodic charges…

A. Except as provided in subsection B of this section, a person who enters into a contract for the purpose of providing that person or another person with the means of accepting payment by credit card in exchange for goods or services shall not allow to be printed more than the l…

B. If a motor vehicle dealer charges a document fee for a motor vehicle transaction, the motor vehicle dealer must clearly and conspicuously disclose in its advertisement for a motor vehicle that a document fee will be charged for a motor vehicle transaction. C. For the purposes …

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…

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 in…

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 elect…

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 pre…

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 organiz…

A person who violates this article is guilty of a class 2 misdemeanor.

A. Except as otherwise specifically provided by law, beginning on January 1, 2005, a person or entity shall not: 1. Intentionally communicate or otherwise make an individual's social security number available to the general public. 2. Print an individual's social security number …

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…