Title 44 — Trade and Commerce
37 chapters · 786 sections in this title.
A.R.S. § 44-1375.03 Certification and compliance; violation; civil penalty
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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 …
A.R.S. § 44-1376 Definitions
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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…
A.R.S. § 44-1376.01 Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure
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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…
A.R.S. § 44-1376.02 Application
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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 …
A.R.S. § 44-1376.03 Unfair or deceptive trade practices
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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.
A.R.S. § 44-1376.04 Civil causes of action
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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 e…
A.R.S. § 44-1376.05 Violation; classification
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A person who violates this article is guilty of a class 1 misdemeanor and is subject to forfeiture of any personal property used or intended to be used to commit the offense.
A.R.S. § 44-1377 Disclosure of restocking fee; enforcement; definition
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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 f…
A.R.S. § 44-1378 Definitions
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In this article, unless the context otherwise requires: 1. "Covered service" includes: (a) Financial counseling, including debt counseling and budget counseling to assist a homeowner in connection with the homeowner's residence in foreclosure. (b) Receiving money for the purpose …
A.R.S. § 44-1378.01 Applicability
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A. This article does not apply to: 1. A person licensed to practice law in this state, while performing any activity related to the person's attorney-client relationship with a homeowner or with the beneficiary, mortgagee, grantee or holder of any lien being enforced by foreclosu…
A.R.S. § 44-1378.02 Prohibited acts
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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 w…
A.R.S. § 44-1378.03 Foreclosure consulting contract
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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 shal…
A.R.S. § 44-1378.04 Right of cancellation
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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 …
A.R.S. § 44-1378.05 Homeowner action to recover damages
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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 t…
A.R.S. § 44-1378.06 Fraud or deceit against homeowner; classification
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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.
A.R.S. § 44-1378.07 Enforcement
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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 prescri…
A.R.S. § 44-1378.08 Cumulative nature of penalties
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The rights, remedies and penalties provided pursuant to this article are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity.
A.R.S. § 44-1379 Indemnity agreements in motor carrier transportation contracts void; definitions
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A. A motor carrier and a promisee may not agree to either of the following as it relates to a transportation services contract entered into on or after the effective date of this section: 1. That the motor carrier will indemnify, defend or hold the promisee harmless, or agree to …
A.R.S. § 44-1380 Consumer incentive item regulation; state preemption; definition
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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 furthe…
A.R.S. § 44-1381 Operator service providers; collect call rates; disclosure
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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 p…
A.R.S. § 44-1382 Transfer of personal property; city, town or county
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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…
A.R.S. § 44-1401 Definition
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In this article, unless the context otherwise requires: "Person" means an individual, corporation, business trust, partnership, association or any other legal entity.
A.R.S. § 44-1402 Contract, combination or conspiracy to restrain or monopolize trade
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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.
A.R.S. § 44-1403 Establishment, maintenance or use of monopoly
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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.
A.R.S. § 44-1404 Exclusions
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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…
A.R.S. § 44-1405 Judicial jurisdiction
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An action for violation of this article shall be brought in the superior court.
A.R.S. § 44-1406 Investigation; service of demand sanctions; confidentiality
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A. If the attorney general has reasonable cause to believe that a person has information or is in possession, custody or control of any document or other tangible object relevant to an investigation for a violation of this article, the attorney general may serve upon the person, …
A.R.S. § 44-1407 Civil penalty and injunctive enforcement
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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 reasona…
A.R.S. § 44-1408 Damages; injunctive relief
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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, tax…
A.R.S. § 44-1409 Judgment as prima facie evidence
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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 su…
A.R.S. § 44-1410 Limitations of actions
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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 a…
A.R.S. § 44-1411 Remedies cumulative
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The remedies provided for in this article are cumulative.
A.R.S. § 44-1412 Uniformity
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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 i…
A.R.S. § 44-1413 Short title
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This article may be cited as the uniform state antitrust act.
A.R.S. § 44-1414 Order compelling testimony or production of evidence; immunity; contempt
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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 …
A.R.S. § 44-1415 Notice to attorney general; appearance
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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, c…
A.R.S. § 44-1416 Government contract, combination or conspiracy to restrain trade or commerce; violation; classification
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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.R.S. § 44-1421 Definitions
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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 infri…
A.R.S. § 44-1422 Bad faith patent infringement claims; prohibited
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A. A person may not make an assertion of patent infringement in bad faith. A court may consider the following nonexclusive factors as evidence that a person has made an assertion of patent infringement in bad faith: 1. The demand does not contain all of the following: (a) The pat…
A.R.S. § 44-1423 Enforcement
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An act or practice in violation of this article is an unlawful practice under section 44-1522 and subject to enforcement through private action and prosecution by the attorney general. The attorney general may investigate and take appropriate action as prescribed by article 7 of …
A.R.S. § 44-1424 Federal patent infringement allegation exception
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A civil action that includes a demand or assertion of patent infringement that arises under 35 United States Code section 271(e)(2) or 42 United States Code section 262 is not subject to this article.
A.R.S. § 44-1441 Definitions
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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 famo…
A.R.S. § 44-1442 Registrability
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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 dispa…
A.R.S. § 44-1443 Application for registration
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A. Subject to the limitations set forth in this article, any person who is domiciled in this state and who adopts and uses a trademark or service mark, or any person who adopts and uses a trademark or service mark in this state, may file in the office of the secretary of state, o…
A.R.S. § 44-1443.01 Electronic filing; acceptance
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B. Any document that is filed in accordance with this section is deemed to comply with: 1. The filing requirements of this article. 2. The requirement that a filing be verified or be submitted with a written signature. 3. Any requirement that the filing be filed under the penalty…
A.R.S. § 44-1444 Certificate of registration; admissibility as evidence
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A. Upon compliance by the applicant with the requirements of this article, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate shall be issued under the signature of the secretary of state and the seal of t…
A.R.S. § 44-1445 Duration of registration; renewal notice; application and fee
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A. Registration of a mark under the provisions of this article shall be effective for a term of ten years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registr…
A.R.S. § 44-1446 Assignment of mark and registration
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Any mark and its registration under the provisions of this article shall be assignable with the goodwill of the business in which the mark is used or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment shall be by instru…
A.R.S. § 44-1447 Records
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The secretary of state shall keep for public examination a record of all marks registered or renewed under this article.
A.R.S. § 44-1448 Cancellation of registrations
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The secretary of state shall cancel from the register: 1. Any registration concerning which the secretary of state receives a voluntary request for cancellation thereof from the registrant or the assignee of record. 2. All registrations granted under this article and not reregist…