Title 44, Trade and Commerce

A. A health spa may charge and accept a down payment not to exceed five per cent of the total contract price prior to opening of the health spa facility unless the seller maintains the same or similar facilities and services within ten miles of the customer's residence which the …

A. Any contract for health spa services entered into in reliance upon any false, fraudulent or misleading information, representation, notice or advertisement of the health spa is voidable at the option of the customer. Any contract for health spa services which does not comply w…

A. In this article, unless the context otherwise requires: 1. "Contract for discount buying services" means a written contract between one party who is purchasing the service for personal or family use and a discount buying organization by which the buyer for a consideration rece…

Each discount buying organization shall maintain a bond in the principal sum of thirty thousand dollars for each outlet of such discount buying organization where contracts for discount buying services are sold or orders for goods are taken. The bond shall be executed by the disc…

A. The bond required by section 44-1797.01 shall be in favor of this state to be held in trust by the state treasurer for the benefit of any person who suffers financial damage as a result of any violation of this article or by fraud or dishonesty or failure to provide the servic…

A. In lieu of furnishing the bond as required by section 44-1797.01, the seller may deposit with the state treasurer a cash deposit in a like amount or by any of the following: 1. Certificates of deposit issued by banks doing business in this state and insured by the federal depo…

A. Each discount buying organization, immediately upon obtaining the signature of a buyer on any application or contract for discount buying services, shall provide to the buyer and shall allow the buyer to retain a copy of the following written disclosures: 1. An itemization of …

A. Each contract for discount buying services shall be in writing and is subject to the provisions of this article. The address of the seller's discount buying facility and the residence address of the buyer shall be clearly indicated on the face of the contract. A copy of the wr…

No contract for discount buying services may require payments or financing by the buyer over a period in excess of thirty months from the date the contract was entered into.

Each contract for discount buying services shall provide that the buying services become available to the buyer within three days from the date the contract was entered into.

No contract for discount buying services may require or entail the execution of any note or series of notes by the buyer which, if separately negotiated, will cut off as to any third party any right of action or defense which the buyer may have against the seller.

No right of action or defense arising out of a contract for discount buying services which the buyer has against the discount buying organization may be cut off by assignment or transfer of the contract to any third party.

A. Each contract for discount buying services shall provide that if any goods ordered by the buyer from the seller are not delivered to the buyer or available for pickup by the buyer at a location within his county of residence within one hundred twenty days from the date the buy…

A. Each contract for discount buying services shall further provide that such contract may be canceled at any time within three business days after the date of receipt by the buyer of a copy of the contract, such time to be computed exclusive of the date of receipt of the contrac…

A. A contract for discount buying services which does not comply with the applicable provisions of this article is voidable by the buyer. B. No discount buying organization may make or authorize the making of any reference to its compliance with this article.

Any untrue or misleading information, representation, notice, material omission or advertisement of the seller which has been received by or made to the buyer before he signs a contract for discount buying services renders the contract for discount buying services void and unenfo…

If a discount buying organization removes its place of business, or if it conducts business at more than one location, that place of business which is geographically closest to the buyer's residence indicated on the face of the contract, more than twenty miles farther from the bu…

A. Any transfer by a discount buying organization of its duty or obligation to provide services to buyers under its contracts for discount buying services to another individual, corporation or other business entity as a result of which a buyer has available substantially fewer go…

A buyer suffering financial damages as a result of a violation of this article may bring an action for the recovery of damages and return of all monies paid by the buyer to the seller. Judgment shall be entered for three times the amount at which the actual damages, plus such res…

A person who violates any provision of this article is guilty of a class 6 felony.

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.

A waiver by the buyer of the provisions of this article is deemed contrary to public policy and is void and unenforceable.

A. The attorney general or county attorney shall have the power to 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…

In this article, unless the context otherwise requires: 1. "Commission" means: (a) Compensation accruing to a sales representative for payment by a principal the rate of which is expressed as a percentage of the dollar amount of orders or sales. (b) Any other method of compensati…

A. The sales representative and the principal shall enter into a written contract. The contract shall set forth the method by which the sales representative's commission is to be computed and paid. B. The principal shall provide each sales representative with a signed copy of the…

A. If an agreement of services is terminated for any reason both of the following apply: 1. All the commissions due through the time of termination shall be paid to the sales representative within a period of not to exceed thirty days after termination. 2. All the commissions tha…

If a principal makes a revocable offer of a commission to a sales representative, the sales representative is entitled to the commission agreed on if all of the following apply: 1. The principal revokes the offer of commission and the sales representative establishes that the rev…

A principal who establishes a business relationship with a sales representative to solicit orders for products or services in this state is doing business in this state for purposes of jurisdiction. A provision in a contract between a sales representative and a principal that pur…

This article does not apply to any of the following: 1. An individual or business entity engaged in providing insurance pursuant to title 20. 2. A bank, trust company, savings and loan association, credit union, consumer lender or financial institution organized, chartered or hol…

A. If a person, whose principal place of business is located in a state other than this state and who has not appointed a statutory agent or maintained an office in this state for service of process, engages in servicing a residential loan, the person is deemed to have consented …

In this chapter, unless the context otherwise requires: 1. "Clinically ill" means an illness that is apparent to a veterinarian based on the veterinarian's observation, examination or testing of an animal or on a review of the animal's medical records. 2. "Nonelective surgical pr…

A. A veterinarian who is licensed pursuant to title 32, chapter 21 shall examine all cats and dogs that are received by a pet dealer before the cat or dog is placed for sale. B. If the veterinarian determines that a cat or dog is afflicted with a contagious disease, the cat or do…

A. At the time of sale, each pet dealer shall give the purchaser of a cat or dog a written statement that contains the following information: 1. The date of the animal's birth, if known, the state in which the animal was born, if known, and the date the pet dealer received the an…

A. A pet dealer shall maintain a written record on the health, status and disposition of each cat and dog at the time of sale for at least one year after the cat or dog is sold or as otherwise provided by law. B. The records shall contain all of the information that is required b…

A. A pet dealer shall do the following: 1. Maintain facilities in which cats or dogs are housed in a sanitary condition. 2. Provide cats or dogs with potable water and adequate nutrition. 3. Provide adequate space that is appropriate to the age, size, weight, species and breed of…

A. A cat or dog that is purchased from a pet dealer is considered to be unfit for sale if either of the following applies: 1. Within fifteen days after the purchaser takes possession of the animal, a veterinarian who is licensed pursuant to title 32, chapter 21, states in writing…

A. If a pet dealer contests a demand for remedies, the pet dealer may require the purchaser to produce the cat or dog for examination by a veterinarian who is licensed pursuant to title 32, chapter 21 unless the cat or dog has died. The pet dealer shall pay the costs of examinati…

A. It is a rebuttable presumption that an illness or a congenital or hereditary defect existed at the time of sale if the cat or dog dies within fifteen days after the purchaser takes possession of the cat or dog. B. A finding by a veterinarian who is licensed pursuant to title 3…

A. Except as provided in subsection B or C of this section, a pet dealer who violates this article is subject to a civil penalty of not more than one thousand dollars per violation. B. In an action brought by a city, town or county to enforce an ordinance against a pet store or p…

A. This article does not limit the rights or remedies that are otherwise available to consumers and does not prevent the purchaser and the pet dealer from agreeing on additional terms and conditions that are not inconsistent with this article. B. A contract or agreement under whi…

A. A pet store or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who is required to be licensed by the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United S…

The regulation of pet dealers is a matter of statewide concern. A city, town or county may enact or enforce an ordinance to enforce section 44-1799.10 against a pet store or pet dealer. Any local law, rule, regulation or ordinance that imposes requirements on pet dealers that exc…

A. A person offering caskets for sale to the public shall provide accurate price information to potential purchasers of caskets as follows: 1. The person offering caskets for sale shall provide accurate casket retail price information to any person who telephones for casket price…

In this article, unless the context otherwise requires: 1. "Business of shopping cart retrieval" means searching for, gathering and restoring possession to the owner or the owner's agent, for compensation or in expectation of compensation, of shopping carts located outside the pr…

A. A person shall not do any of the following with the intent to temporarily or permanently deprive the owner or retailer of possession of a shopping cart, if the shopping cart has a permanently affixed sign as provided in subsection B: 1. Remove a shopping cart from the premises…

A. The legislature finds that the retrieval by local government agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section. B. A shopping cart that has…