Title 44 — Trade and Commerce

In a prosecution under this article the burden shall be on the defendant to prove that the subject matter contracted for or offered to be contracted for was in fact delivered in accordance with the terms of the contract or that it was the bona fide intention of the defendant at t…

The habitual, actual, threatened or contemplated use of any premises, place or building, telegraph or telephone wires or instruments in violation of the prohibitions imposed on bucket shops by this article may be enjoined by the state or any citizen thereof.

No person is exempt from testifying concerning any offense set forth or prohibited by this article on the ground that such testimony may incriminate him, but no prosecution may afterwards be had against him for any offense concerning which he testified.

In this article, unless the context otherwise requires: 1. "Auction" means the sale of jewelry at either private or public sale, upon oral or written bids, to the highest bidder, and includes all such sales by whatever name called. 2. "Jewelry" includes gold, platinum, silver, go…

It is unlawful to sell, offer for sale, or attempt to sell at auction any jewelry without a license as provided in this article, except as exempted by section 44-1685.

A. Not less than thirty days nor more than sixty days prior to the date of a proposed auction, any person desiring to sell at auction any jewelry shall apply to the board of supervisors of the county in which the auction is to be conducted for a license to conduct the auction. Th…

The application shall have attached thereto a detailed inventory listing each article to be auctioned, together with an inventory number for each article to be auctioned, and a detailed itemization of the quantity, quality, kind or class of each article to be sold and the wholesa…

The applicant shall verify under oath or affirmation that all the data and statements in the application and inventory are true and correct.

A. In addition to the inventory, the applicant shall submit, together with the application, a fee of two hundred dollars, and shall file with the county board of supervisors a bond in a form approved by the board, executed by a surety company authorized to do business in this sta…

The board of supervisors shall issue a license to conduct an auction of jewelry if it finds the application, inventory, fee and bond are in order, and further finds that the applicant has not been convicted of violating any provision of this article within a period of six years i…

A. No article shall be sold at the auction for which the license was obtained unless there is securely attached to the article sold a tag, card or label bearing accurate reference to the written inventory prescribed in section 44-1674, upon which shall be plainly written or print…

No article shall be listed in the inventory and any supplement thereto or sold at the auction which was purchased or stocked by the applicant within sixty days immediately preceding the date of application.

At an auction held under the provisions of this article, the licensee and his employees and agents shall represent to the public the true manufacture, quality and kind of articles to be sold. Upon request of any person, a copy of the inventory shall be shown.

The licensee shall cause to be displayed in a prominent place on the premises where the auction is being conducted a notice that all merchandise may be returned, if it is at the time in the same condition as when purchased, for the amount paid, if returned within forty-eight hour…

The board of supervisors may suspend and restore licenses as they may deem necessary or reasonable to insure compliance with the provisions of this article. Appeal from a decision of the board of supervisors may be made by the licensee or any aggrieved person within ten days from…

The licensee shall be responsible for compliance with the provisions of this article whether he is present at or absent from the auction.

No article shall be sold at auction which has been falsely described or concerning which any false statement has been made by the licensee or his employee or agent.

A. This article shall not apply to any sale of second-hand jewelry, judicial sales or government sales, sales by an executor, administrator, guardian, receiver, or trustee in bankruptcy authorized by any court of competent jurisdiction, or any other sale authorized by law. B. A l…

Violation of any provision of this article is a class 2 misdemeanor.

In this chapter, unless the context otherwise requires: 1. "Consumer" means an individual. 2. "Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or e…

A. Except as provided in section 44-1693, a consumer reporting agency may furnish a consumer report only under the following circumstances and no other: 1. In response to the order of a court having jurisdiction to issue such an order. 2. In accordance with the written instructio…

A. Upon furnishing adequate credentials by a consumer as to his identity: 1. A creditor who denies credit to any consumer shall disclose to such consumer the name and address of any consumer reporting agency which has furnished such creditor with a consumer report on such consume…

A. If any consumer disputes the accuracy of any item in the consumer's records with any consumer reporting agency, the consumer may give notice in writing to the consumer reporting agency specifying in what manner the report is inaccurate and the consumer reporting agency shall r…

A. A consumer reporting agency or information source is not liable to any consumer resulting from: 1. Reporting inaccurate information corrected in compliance with sections 44-1694 and 44-1698 except as provided in this section. 2. Failing to lift a security freeze pursuant to se…

A. Any person who requests or obtains a consumer report from a consumer reporting agency under false pretenses or furnishes a consumer report to any person except as prescribed by this article or any employee of a consumer reporting agency who knowingly falsifies a consumer repor…

A. If a consumer makes a payment on a credit or loan account to the proper address to which the payment should be directed, a person shall calculate the number of days by which an account is delinquent by determining the number of days between the scheduled due date of the paymen…

A. A consumer may request in writing or in a form acceptable to the consumer reporting agency that a consumer reporting agency place a security freeze on the consumer's credit report. If a security freeze is in place, a consumer reporting agency shall not release a consumer's cre…

A. Any person who does not use a consumer credit report in connection with the approval of credit based on the application for an extension of credit shall not lend money or extend credit without taking reasonable steps to verify the consumer's identity and confirm that the appli…

A. A consumer reporting agency shall place a security freeze on a protected person's record or credit report if both of the following apply: 1. The consumer reporting agency receives a request from the protected person's representative for the placement of the security freeze. 2.…

In this article, unless the context otherwise requires: 1. "Buyer" means any natural person who is solicited to purchase or who purchases the services of a credit services organization. 2. "Credit services organization" means a person who, with respect to the extension of credit …

This article does not apply to: 1. A person who is organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States and who is subject to regulation and supervision by an official …

A credit services organization and its salespersons, agents and representatives who sell or attempt to sell the services of a credit services organization shall not do any of the following: 1. Charge or receive monies or other valuable consideration before full and complete perfo…

Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of monies or other valuable consideration, whichever occurs first, the credit services organization shall provide the buy…

The information statement shall include all of the following: 1. A complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer credit reporting agency and the right of the buyer to receive a copy of that file, as provided by secti…

A. Every contract between the buyer and a credit services organization for the purchase of the services of the credit services organization must be in writing, be dated, be signed by the buyer and include all of the following: 1. A conspicuous statement in size equal to at least …

The credit services organization's breach of a contract under this article or of any obligation arising from the contract constitutes a violation of this article.

A. If a credit services organization is required to obtain a surety bond pursuant to section 44-1703, the following procedures apply: 1. A copy of the bond shall be filed with the corporation commission. 2. The bond required shall be in favor of this state for the benefit of any …

A. A waiver by a buyer of the provisions of this article is deemed contrary to public policy and is void and unenforceable. An attempt by a credit services organization to have a buyer waive rights given by this article consitutes a violation of this article. B. In any proceeding…

A. A person who violates section 44-1703, 44-1704, 44-1705, 44-1706 or section 44-1709, subsection A, is guilty of a class 1 misdemeanor. B. The superior court has jurisdiction to restrain and enjoin any violation of this article. C. The duty to institute actions for violations o…

A buyer injured by a violation of this article or by the credit services organization's breach of a contract subject to this article may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid by the buyer t…

A. The provisions of this article are not exclusive and do not relieve the parties or the contracts subject to this article from compliance with any other applicable provision of law. B. The remedies provided in this article for a violation of this article are in addition to any …

In this article, unless the context otherwise requires: 1. "Bakery rack" means a metal frame that holds bakery trays or other bakery products and that is used by a bakery, distributor or retailer or its agent as a means to transport, store or carry bakery products. 2. "Bakery tra…

To designate ownership of a particular name or mark, the owner of a container may either: 1. Use as a name or mark a trademark or trade name that the owner of the container has registered with the secretary of state pursuant to chapter 10, articles 3 and 3.1 of this title. 2. Use…

The owner of a container may file a civil action for and shall be awarded damages, injunctive relief or the provisional remedy of replevin or any such combination against a person who, without the owner's consent, does any of the following: 1. Removes the owner's container from t…

In a civil action pursuant to section 44-1723, the container owner is entitled to recover as damages the greater of three times the amount of actual replacement cost of each container recovered or taken or one hundred dollars for each violation and ten dollars for each container.…

A rebuttable presumption arises that there is a violation of section 44-1723 if any person other than the owner possesses, without the owner's consent, a container that displays the owner's name or mark.

In this article, unless the context otherwise requires: 1. "Compensation" includes a payment based on a sale or distribution made to a person who either is a participant in a pyramid promotional scheme or has the right to become a participant upon payment. 2. "Consideration" mean…

A. Any person who violates any of the provisions of this article is guilty of a class 6 felony. B. The attorney general or county attorney, or both, shall institute the criminal actions to enforce the provisions of this article. C. An act or practice in violation of this article …

Any purchaser in a pyramid promotional scheme may, notwithstanding any agreement to the contrary, declare the related sale or contract for sale void, and he may bring an action in a court of competent jurisdiction to recover the consideration he paid to participate in the scheme.…

A. The rights and remedies that this article grants to purchasers in pyramid promotional schemes are independent of and supplemental to any other right or remedy available to them in law or equity, and nothing contained herein shall be construed to diminish or to abrogate any suc…