Title 44, Trade and Commerce

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…

A. If a sale or lease of a motor vehicle from a motor vehicle dealer or a lessor to a customer is conditioned on final approval of financing by a lender or lessor, the motor vehicle dealer or lessor shall retain title and possession of any motor vehicle traded by a customer as pa…

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…

A. Except as otherwise specifically provided by law, beginning on January 1, 2009, a person or entity shall not knowingly: 1. Print any sequence of more than five numbers that are reasonably identifiable as being part of an individual's social security number on any card required…

A. A person or entity that knowingly or intentionally violates section 44-1373, subsection A, paragraph 2 is subject to a civil penalty of one hundred dollars for each violation. B. All civil penalties received pursuant to this section shall be deposited, pursuant to sections 35-…

A. A governmental entity shall classify as confidential and not publicly disclose any documents or other information that is received from any petroleum industry related private or public source if the person or entity that provides the information agrees to provide the informati…

In this article, unless the context otherwise requires: 1. "Automatic commercial icemaker" means a factory made assembly that is shipped in one or more packages, that consists of a condensing unit and icemaking section operating as an integrated unit, that makes and harvests ice …

A. This article applies to the following types of new products sold, offered for sale or installed in this state: 1. Automatic commercial icemakers. 2. Commercial clothes washers. 3. Commercial prerinse spray valves. 4. Commercial refrigerators, freezers and refrigerator freezers…

A. Except as provided in subsection C, the following standards apply beginning January 1, 2008: 1. Automatic commercial icemakers shall meet the requirements of section 1605.3 of the California Code of Regulations, title 20: division 2, chapter 4, article 4, in effect on August 1…

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 …

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. 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. 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 …

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. 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 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. 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…

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. 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 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 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. 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. 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 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. 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…

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. 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. 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 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…

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…

In this article, unless the context otherwise requires: "Person" means an individual, corporation, business trust, partnership, association or any other legal entity.

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.

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. 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…