Title 44, Trade and Commerce

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…

A. A person shall not establish, operate, advertise or promote a pyramid promotional scheme. B. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan o…

In this article, unless the context otherwise requires: 1. "Contract for dance studio lessons and other services" means a contract for instruction in ballroom or other types of dancing and includes but is not limited to dance competitions, olympics, single specialist projects, sh…

A. Every contract for dance studio lessons and other services shall be in writing and subject to the provisions of this article. A copy of the written contract shall be given to the customer at the time the customer signs the contract. B. No contract for dance studio lessons and …

A. No contract for dance studio lessons and other services shall require payments or financing by the customer over a period in excess of two years from the date the contract is signed, nor shall the term of any such contract be measured by the life of the customer. Lessons and o…

Every contract for dance studio lessons and other services shall provide: 1. That the lessons will begin within thirty days. 2. That a contract with respect to new or increased dance studio lessons and other services, which are not subject to prior agreements between the parties,…

A. No contract for dance studio lessons and other services shall require the execution of any note or series of notes by the customer which, when separately negotiated, will cut off as to third parties any right of action or defense which the customer may have against the dance s…

A. Every contract for dance studio lessons and other services shall contain a clause providing that if, by reason of death or disability, the customer is unable to receive all lessons and other services for which the customer has contracted, the customer or his estate shall be re…

A. Any contract for dance studio lessons and other services entered into in reliance upon any wilful and false, fraudulent or misleading information, representation, notice or advertisement of the dance studio shall be voidable. Any contract for dance studio lessons and other ser…

A. The superior court of this state shall have jurisdiction in equity to restrain and enjoin the violation of any of the provisions of this article. B. The duty to institute actions for violation of the provisions of this article, including equity proceedings to restrain and enjo…

In this article, unless the context otherwise requires: 1. "Cost share" means an insured's applicable coinsurance, copayment and deductible requirement under a health plan based on the adjudicated claim. 2. "Pharmacy benefit manager" has the same meaning prescribed in section 20-…

A. A pharmacy benefits manager may not do any of the following: 1. Prohibit a pharmacist or pharmacy from providing an insured individual information on the amount of the insured's cost share for the insured's prescription drug and the clinical efficacy of a more affordable alter…

A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy in its network from dispensing a ninety-day fill of a prescription medication pursuant to Arizona state board of pharmacy rules and guidance if either: 1. A ninety-day fill of that medication is allo…

A. A plan sponsor or pharmacy benefit manager may not prohibit a retail pharmacy from offering as an ancillary service of a pharmacy within the terms of the contract either of the following: 1. The limited delivery of prescription drugs by mail or common carrier to a patient. 2. …

In this article, unless the context otherwise requires: 1. "Collector" means a component of a solar energy device that is used to absorb solar radiation, convert it to heat or electricity and transfer the heat to a heat transfer fluid or to storage. 2. "Distributed energy generat…

A. The collectors, heat exchangers and storage units of a solar energy device that is sold or installed in this state or leased or financed under an agreement pursuant to section 44-1763, and the installation of the solar energy device, shall be warranted for a period of at least…

A. An agreement governing the sale or lease of a distributed energy generation system to any person or a political subdivision of this state must: 1. Be signed by the person buying or leasing the distributed energy generation system and must be dated. Any agreement that contains …

Any person who seeks to install, energize or interconnect a distributed energy generation system must first submit a complete application for interconnection to the power grid to the utility that owns or operates the power grid at the point of interconnection. A person shall not …

In this article, unless the context otherwise requires: 1. "Art dealer" means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction. 2. "Artist" means the creator of a work of fine…

If an art dealer accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art: 1. The art dealer is, with respect to that work of fine art, the agent of the artist. 2. The work of fine art is trust p…

A. If a work of fine art is trust property under section 44-1772 when initially received by the art dealer it remains trust property notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer's own account until the…

Notwithstanding title 47, no property which is trust property under section 44-1772 or 44-1773 is subject to the claims, liens or security interests of the creditors of the art dealer.

A. An art dealer may accept a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist establishi…

A. An art dealer who accepts a work of fine art, on a fee, commission or other compensation basis, on consignment from the artist who created the work of fine art may use or display the work of fine art or a photograph of the work of fine art or permit the use or display of the w…

Any portion of an agreement which waives any provision of this article is void.

A. Any art dealer who violates section 44-1775 or section 44-1776, subsection A is liable to the artist in an amount equal to: 1. Five hundred dollars. 2. The actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the viol…