Title 44 — Trade and Commerce

A. Interest on any loan, indebtedness or other obligation shall be as follows: 1. The maximum interest rate on medical debt shall be the lesser of the following: (a) The annual rate equal to the weekly average one-year constant maturity treasury yield, as published by the board o…

A person shall not directly or indirectly take or receive in money, goods or things in action, or in any other way, any greater sum or any greater value for the loan or forbearance of any money, goods or things in action, than the maximum permitted by law. Any person, contracting…

Where a rate of interest greater than the maximum permitted by law is contracted for, reserved or received, directly or indirectly, all payments of money or property made on account of such interest, or as inducements to contract for more than the maximum permitted by law, whethe…

In an action to recover on an obligation whereby there is contracted for, reserved or taken, a greater rate of interest than the maximum permitted by law, all payments made in money or property may be pleaded as a counterclaim or set-off. If such payments exceed the amount of the…

A. The following apply to closed end loans, other than closed end loans subject to title 6, chapter 5, in which the principal amount of the loan does not exceed five thousand dollars: 1. Interest not to exceed the maximum rate set by contract may be charged. Interest may be compu…

No law requiring security upon which loans may be made, prescribing the nature, amount or form of such security, prescribing or limiting interest rates upon loans, or prescribing or limiting the period for which loans may be made, shall apply to loans, advances of credit, or purc…

Any lawful charge, fee, cost or expense paid by or due to a lender on behalf of a borrower, with his consent, may be added to the principal amount of a loan made to such borrower under the provisions of this title or under the provisions of title 6, and such amount shall become p…

Except for consumer lender loans regulated pursuant to section 6-636, for any loan that is secured by real property, a person shall not require as a condition of the loan that the borrower obtain property insurance coverage in an amount that exceeds the replacement cost of the im…

A person is guilty of a class 2 misdemeanor who: 1. Is a party to any fraudulent conveyance of any lands, tenements or hereditaments, goods or chattels or any right or interest issuing therefrom, had, made or contrived with intent to deceive and defraud others, or to defeat, hind…

A commission merchant, broker, agent, factor or consignee who knowingly and with intent to defraud makes to his principal or consignor a false statement concerning the price obtained for, or the quality or quantity of property consigned or entrusted to him for sale, is guilty of …

A person is guilty of a class 2 misdemeanor who issues any contract: 1. Providing for its redemption or fulfillment from contributions made by subscribers to or holders of other similar contracts. 2. Providing for payment of money or giving any consideration greater in value than…

A person who, in putting up in a bag, bale, barrel or other package any hops, cotton, wool, grain, hay or other commodities usually sold in such bag, bale, barrel or other package by weight, places or conceals therein anything for the purpose of increasing the weight, with intent…

A person who mingles with a sample of gold or silver bearing ore, any metal or substance whatever which will in any manner change the value of the ore, with intent to deceive, cheat or defraud any person, is guilty of a class 6 felony.

A person or the agent of any person engaged in milling, smelting, sampling, concentrating, reducing, shipping or purchasing ores in this state, who in any manner knowingly alters or changes the true value of ores delivered to him to deprive the seller of the correct value thereof…

A debtor who fraudulently removes his property or effects from the state, or fraudulently sells, conveys, assigns or conceals his property, with intent to defraud, hinder or delay his creditors of their rights, claims or demands, is guilty of a class 2 misdemeanor.

A. A person who obtains money or property from another, or obtains the signature of another to a written instrument, the false making of which would be forgery, by means of a false or fraudulent sale of property or pretended property by auction, or by any practice known as a mock…

A. It is unlawful for a person who has mortgaged personal property to another, or who has possession of personal property under a contract of sale whereby the vendor retains title, to: 1. During the existence of the mortgage or contract, and without first obtaining the written co…

A person who presents a false or fraudulent claim or proof in support of such claim, upon a contract of insurance for payment of any loss, or who prepares, makes or subscribes to an account, certificate of survey, affidavit or proof of loss, or other book, paper or writing, with …

A person who knowingly provides false or fraudulent material information to or withholds material information from an insurance producer on an application for fire insurance or who presents a false or fraudulent claim or proof in support of such claim, upon a contract of insuranc…

A. It is unlawful for a person to deceive another person by misrepresenting the geographical origin or location of the person's business in the conduct of the person's business. B. A person who intentionally or knowingly violates subsection A of this section is guilty of a class …

A. If unsolicited goods are delivered by mail or common carrier to a person, such person may refuse to accept delivery of the goods and shall not be bound to return such goods to the sender. If such unsolicited goods are addressed to and intended for the recipient, they shall be …

A. It is unlawful for any person to: 1. Advertise for sale, sell, use or install any device which causes the odometer of a motor vehicle to register mileage other than the true mileage driven. For the purposes of this paragraph the true mileage driven is that mileage driven by th…

A. It is an unlawful practice pursuant to section 44-1522 for any person to sell or offer to sell any product, not including firearms, that is specifically designed, offered for sale or sold for the personal safety of law enforcement, firefighting or emergency medical services pe…

In this article, unless the context otherwise requires: 1. "Authentic Indian arts and crafts" means any product which is Indian handcrafted and is not made by machine or from unnatural materials, except stabilized or treated turquoise. 2. "Findings" means an ingredient part of th…

It is unlawful for any person to knowingly do any of the following: 1. Sell or offer for sale any products represented to be authentic Indian arts and crafts unless the products are in fact authentic Indian arts and crafts. 2. Sell or offer for sale any authentic Indian arts and …

A. A person who sells or offers to sell nonauthentic Indian arts and crafts shall post a sign bearing the words, in letters not less than three inches in height, "nonauthentic Indian arts and crafts" above or adjacent to the articles being sold. B. A person who sells or offers to…

A. The attorney general or the county attorney shall enforce the provisions of this article. An authorized tribal prosecutor may assist the attorney general or the county attorney in determining whether the provisions of this article are violated. B. In addition to the criminal p…

The attorney general shall adopt necessary rules to implement and enforce the provisions of this article. Rules adopted under this article may specify designations other than "authentic Indian arts and crafts", including a designation such as "Indian crafted", for authorized labe…

Unless the conduct is prohibited by section 13-1802 or section 13-2310 in which case those sections shall apply, a person who knowingly violates the provisions of this article is guilty of the following: 1. A class 3 misdemeanor if the violation involves property offered for sale…

A. Any person other than a partnership transacting business in this state under a fictitious name or a designation not showing the name of the owner of the business or the name of the corporation doing such business shall record with the county recorder of the county in which the…

A. It is unlawful for any person to sell, attempt to sell, offer for sale or participate or assist in the sale of any gasoline, liquefied petroleum gas, distillate, kerosene or other motor fuel or lubricating oil or motor oil of any kind or quality whatever for use in internal co…

This article shall not prohibit any person from selling under his own trademarks, trade names, brands, or the words "no brand", the product of any manufacturer, if such person has first obtained the written authorization of the true manufacturer so to sell such product.

A. It is unlawful for any person or corporation to mix or adulterate any gasoline or different grades of gasoline or other motor fuel, distillate, kerosene, or lubricating or motor oil, or fraudulently to sell or offer for sale or attempt to sell or assist in the sale of, any of …

It is unlawful for any person to place, store or keep, or cause or permit to be placed, stored or kept, for the purpose of sale any petroleum product in any storage tank underground or otherwise, or container or receptacle which contains or has previously contained a different pr…

A. A person who violates any provision of this article is guilty of a class 2 misdemeanor. B. A person is guilty of a separate offense for each day during any portion of which a violation of this article is committed, continued or permitted by such person and such person shall be…

In this article, unless the context otherwise requires: 1. "Beverage" means beer or other malt beverages, mineral water, soda water and similar carbonated soft drinks, fruit juices and vegetable juices in liquid form which are intended for human consumption. 2. "Consumer" means a…

A. A person shall not sell or offer to sell to consumers a beverage in a container designed or constructed with a metal opening device that detaches when opening the container. This section does not prohibit the sale of a beverage in a container which has an opening device compos…

A. In this article, unless the context otherwise requires: 1. "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle or a…

A. If a new motor vehicle does not conform to all applicable express warranties: 1. A consumer shall report the nonconformity to the manufacturer, its agent or its authorized dealer or issuer of a warranty during the shorter of the following: (a) The term of the express warranty.…

A. If the manufacturer, its agents or its authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a re…

A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either: 1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers d…

A. If a manufacturer has established or participates in an informal dispute settlement procedure which complies in all respects with 16 Code of Federal Regulations part 703, section 44-1263 relating to refunds or replacement does not apply to any consumer who has not first resort…

A. A manufacturer who has been ordered by judgment or decree to replace or repurchase or who has replaced or repurchased a motor vehicle pursuant to this article or the repair or replace laws of another state shall, before offering the motor vehicle for resale, attach to the moto…

A. Before the seller attempts to sell a used motor vehicle the seller shall possess the title to the used motor vehicle and the title shall be in the seller's name. B. Except as provided in subsection I of this section and in addition to the requirements of section 28-4412, a use…

In this article, unless the context otherwise requires: 1. "Business opportunity": (a) Means the sale or lease, or offer for sale or lease, of any goods or services to a consumer for an initial payment of five hundred dollars or greater for the purpose of enabling the consumer to…

A. A seller shall file a verified registration statement with the secretary of state before the seller solicits any consumer from a location in this state or any consumer located in this state. Each principal of the seller shall sign the registration statement, have the signature…

A. Any seller who is listed in section 44-1273, subsection B shall file with the secretary of state a limited registration statement on a form prescribed by the secretary of state before the seller solicits any consumer from a location in this state or any consumer located in thi…

A. The following sellers are not required to register and, except for section 44-1278, subsection B and section 44-1282, are exempt from this article: 1. A person acting within the scope of a license issued under title 20. 2. A person who is either a: (a) Charitable organization …

A. A seller shall maintain a bond of one hundred thousand dollars issued by a surety company duly authorized to do business in this state. The bond shall be filed with the state treasurer. No control or beneficiary interest may be held by the seller in the surety or by the surety…

A. The secretary of state shall set the annual fee for registration which shall not exceed five hundred dollars. B. The secretary of state shall set the fee for each supplemental statement which shall not exceed twenty-five dollars.