Title 44, Trade and Commerce

A. If the attorney general has reasonable cause to believe that a person has engaged in, is engaging in or is about to engage in any practice or transaction which is in violation of this article or order or assurance of discontinuance entered under this article, he may: 1. Requir…

All information or evidence provided to the attorney general shall be confidential and shall not be made public unless in the judgment of the attorney general the ends of justice and the public interest will be served by the publication thereof, provided that the names of the int…

A. To accomplish the objectives and to carry out the duties prescribed in this article, the attorney general, in addition to other powers conferred upon him by this article, may: 1. Issue subpoenas to any person. 2. Administer an oath or affirmation to any person. 3. Conduct hear…

A. If any person fails or refuses to fully comply with a demand or any subpoena issued by the attorney general under sections 44-1524 or 44-1526, the attorney general may file a petition with the superior court and, after notice and hearing on the petition, request the following …

A. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or is engaging in any practice declared to be unlawful by this article, the attorney general may seek and obtain in an action in a court of comp…

When a receiver is appointed by the court pursuant to this article, he shall have the power to sue for, collect, receive, or take into his possession all the goods, and chattels, rights and credits, monies and effects, lands and tenements, books, records, documents, papers, chose…

In the enforcement of the provisions of this article, the attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of the provisions of this article from any person engaging in, or who has engaged in, such act or practice. Such assuran…

A. If a court finds that any person has wilfully violated section 44-1522, the attorney general upon petition to the court may recover from the person on behalf of the state a civil penalty of not more than ten thousand dollars per violation. B. For purposes of this section, a wi…

A. The consumer protection-consumer fraud revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. Monies in the fund are subject to legislative appropriation. Monies in the fund are exempt from t…

A. The consumer restitution and remediation revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided by this section. On notice from the attorney general, the state treasurer shall invest and divest monies in the …

A person who violates any order or injunction issued pursuant to this article shall forfeit and pay to the general fund of the state of Arizona a civil penalty of not more than twenty-five thousand dollars per violation. For the purpose of this section, the superior court in the …

A. The provisions of this article are in addition to all other causes of action, remedies and penalties available to this state. B. The provisions of this article shall not bar any claim against any person who has acquired any monies or property, real or personal, by means of any…

In any action brought under the provisions of this article, the attorney general is entitled to recover costs, which in the discretion of the court may include a sum representing reasonable attorney's fees for the services rendered, for the use of the state.

In this article, unless the context otherwise requires: 1. "Affiliate" means a person who controls, is controlled or is under common control with another person. 2. "Control" means actual or legal power of influence over another person, whether direct or indirect, arising through…

A distributor shall disclose to any prospective dealer the following information before any franchise agreement is concluded: 1. The gallonage volume history of gasoline sold to the previous dealer or dealers at the same premises and during a three-year period immediately past or…

Any franchise may be cancelled by the dealer at his option by sending a written declaration of that fact and the reasons therefor to the distributor if: 1. The distributor's offer was fraudulent or unlawful, provided that the dealer send such written declaration within sixty days…

It is a violation of this article for any distributor directly or indirectly or through any officer, agent or employee to engage in any of the following practices: 1. To prohibit directly or indirectly the right of free association among dealers for any lawful purpose. 2. To fail…

Nothing in this article shall prevent a distributor from imposing upon a dealer from time to time reasonable standards of performance, provided that such standards be enforced to the extent reasonable at the time of required performance.

A. It is a violation of this article for any distributor, directly or indirectly, or through an officer, agent or employee to terminate, cancel or fail to renew a franchise without having first given written notice as follows: 1. No cancellation or termination of the franchise sh…

Every agreement between a distributor and a dealer shall be in writing and contain: 1. In the absence of any express agreement, the dealer shall not be required to participate financially in the use of any premium, coupon, give-away, or rebate in the operation of his retail outle…

A. In the event of any termination, cancellation or failure to renew, whether by mutual agreement or otherwise, a distributor shall make or cause to be made a good faith offer to repurchase from the dealer, his heirs, successors and assigns, at the current wholesale prices, any a…

A. A dealer or distributor may bring an action against the other for violation of any provision of the franchise and may recover the damages sustained. B. An action for injunctive relief to prevent or restore rights lost upon the violation of any provision of the franchise may be…

A. Any condition, stipulation or provision binding any person to waive compliance with any provision of this article is void. B. The right of either party to trial by jury or to the interposition of counterclaims or cross-claims shall not be waived except after the filing of acti…

A. The chief executive officer of the Arizona commerce authority shall collect, compile and maintain all brand average retail prices for Phoenix, Tucson, Flagstaff, Kingman, Show Low, Yuma and Sierra Vista on a bimonthly basis in a format that is accessible to the attorney genera…

Each full-service gasoline station offering self-service at a lesser cost shall require an attendant who is employed by the station to dispense gasoline from the self-service portion of the station to a motor vehicle properly displaying a distinguishing insignia placard or number…

In this article, unless the context otherwise requires: 1. "Beer": (a) Means any beverage obtained by the alcoholic fermentation, infusion or decoction of barley malt, hops, rice, bran or other grain, glucose, sugar or molasses, or any combination of them, and may include, as adj…

A supplier of beer or wholesaler of beer shall not fail to act in good faith in performing or complying with any terms, provisions or condition of the franchise or in terminating, canceling or not renewing a franchise. Any termination, cancellation or failure to renew shall be do…

A. Any wholesaler may bring an action against a supplier or a supplier may bring an action against a wholesaler for violation of section 44-1566 in any court of competent jurisdiction and may recover damages sustained. In such action the prevailing party shall receive reasonable …

In this article, unless the context otherwise requires: 1. "Dealer" means a person engaged in conducting, managing or carrying on the business of purchasing solely precious items or precious items in addition to other tangible personal property. Dealer does not include: (a) Inves…

A. Each dealer shall keep for six months from the date of purchase of a precious item and make available on request of a peace officer: 1. The name, current address, date of birth and signature of the person from whom the item was purchased. 2. A description of the person, includ…

This article does not apply to: 1. Gem and mineral shows which have been regularly scheduled within this state for at least three consecutive years. 2. Transactions in precious items that constitute a partial trade for new or used merchandise of like kind. 3. Any person who purch…

This article does not supersede any city, town or county ordinance nor does this article prohibit a city, town or county from enacting an ordinance regulating dealers of precious items. If a city, town or county has an ordinance regulating dealers of precious items, the provision…

In this article, unless the context otherwise requires: 1. "Advertisement" has the same meaning prescribed in section 44-1521. 2. "Carrier's lien" means a lien that is established under section 47-7307. 3. "Consumer" means an individual who uses or intends to use household goods …

A. To qualify for the exemption set forth in section 44-1614, a household goods mover must: 1. Provide to the consumer a written contract that meets all of the following requirements: (a) Is signed and dated, through electronic means or otherwise, by the consumer and household go…

A. Except as provided in section 44-1614, after taking possession of a consumer's household goods, a household goods mover may not refuse to deliver or unload a consumer's household goods or enforce, or threaten to enforce, a carrier's lien against a consumer's household goods wh…

A. If a household goods mover complies with section 44-1612 and the household goods mover has transported the household goods to the moving destination, all of the following apply: 1. The household goods mover may require the consumer to tender the total estimated price set forth…

A. The requirements and rights set forth in this article may not be waived. B. If a household goods mover fails to comply with any requirements prescribed in this article, the household goods mover is not eligible for the exemption set forth in section 44-1614.

Notwithstanding any provision of this article, a household goods mover is entitled to pursue any lawful means to collect an amount properly due from a consumer after the household goods mover has finished delivering and unloading the household goods at the moving destination.

In this article, unless the context otherwise requires: 1. "Designee" means a local law enforcement agency designated in writing by a county sheriff to perform designated duties specified in this article on behalf of the sheriff. 2. "Identification document" means a valid driver …

A. All pawn transactions must be evidenced by a pawn ticket that is issued at the time of the pawn transaction. B. A pawn ticket shall include, at a minimum, all of the following: 1. The name, address and telephone number of the pawnshop and pledgor. 2. The birth date and physica…

A. A pawnbroker shall not sell any items pledged to him as security for a pawn transaction until at least the day after the maturity date. B. All of a pledgor's right, title and interest in the pledged goods shall pass by operation of law to the pawnbroker, without recourse, on t…

A. The length of all pawn transactions is a minimum of ninety days, except that a longer term may be contracted for between the pawnbroker and the pledgor. B. A pawnbroker shall not enter into a pawn transaction or good faith outright purchase of tangible personal property with a…

A. A pawnbroker shall make a true, complete and accurate report each day of each article the pawnbroker receives through a reportable transaction. The report shall be delivered within two business days to the sheriff or the sheriff's designee of the county in which the pawnbroker…

A. A pawnbroker may charge or receive interest at a rate not exceeding thirteen per cent per month for the first two months and at a rate not exceeding eleven per cent per month thereafter. A pawnbroker shall prorate interest on a daily basis and shall not impose an additional ch…

A. A person shall not act as a pawnbroker until licensed by the sheriff of the county in which the person regularly conducts business. B. A pawnbroker shall obtain a separate license for each pawnshop owned by that pawnbroker. C. A pawnbroker license may not be sold or transferre…

A. After notice and an opportunity for a hearing in accordance with title 41, chapter 6, article 6, the sheriff may suspend any license for a period of not more than thirty days for acts that demonstrate a pattern of misrepresentation or wilful omissions or a violation of or nonc…