Title 44 — Trade and Commerce

In this chapter, unless the context otherwise requires: 1. "Advertisement" means a commercial message in any medium that solicits a consumer to enter into a rental-purchase agreement. 2. "Cash price" means the price at which the lessor would have sold the property to the consumer…

A. This chapter does not apply to the following: 1. Rental-purchase agreements primarily for business, commercial or agricultural purposes. 2. Rental-purchase agreements with governmental agencies or instrumentalities or with organizations. 3. A lease of a safe deposit box. 4. A …

A. A lessor shall disclose to a consumer the information prescribed in section 44-6804. In a transaction involving more than one lessor, only one lessor is required to make the disclosures prescribed in section 44-6804, but all lessors are bound by the disclosures made. B. The di…

For each rental-purchase agreement, a lessor shall disclose in the agreement, or as otherwise required in this section, the following items: 1. The frequency with which periodic payments are to be made, the dollar amount of each periodic payment and the total number and total dol…

A. A rental-purchase agreement shall not contain any of the following: 1. A confession of judgment. 2. A negotiable instrument. 3. A security interest or any other claim of a property interest in any property of the consumer. 4. A wage assignment. 5. A waiver by the consumer of c…

A. A lessor shall not engage in any unlawful or deceptive conduct or make any untrue or misleading statement in connection with the collection of any payment owed by a consumer or the repossession of any rental property. B. All of the following apply to any communication by a les…

A. A consumer who fails to make a timely rental payment may reinstate the rental-purchase agreement, without losing any rights or options that exist under the rental-purchase agreement, by paying the following charges within seven days after the renewal date of the rental-purchas…

On request by the consumer, a lessor shall provide the consumer with a written receipt for each payment made by cash or money order.

A. A renegotiation occurs if any term of a rental-purchase agreement that is required to be disclosed by section 44-6804 is changed by agreement by the lessor and consumer. A renegotiation is considered to be a new rental-purchase agreement requiring the lessor to give all of the…

A. If an advertisement for a rental-purchase agreement refers to or states the dollar amount of any periodic payment and the right to acquire ownership of a specific item, the advertisement shall also clearly and conspicuously state the following, as applicable: 1. That the trans…

A. A lessor who fails to comply with the requirements of this chapter is liable to the consumer damaged by the lessor's failure to comply: 1. In an amount equal to the greater of either: (a) The actual damages sustained by the consumer as a result of the lessor's failure to compl…

A. If a lessor establishes by a preponderance of the evidence that a violation of this chapter was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid these errors, a court shall not impose a penalty prescribe…

If a lessor assigns or transfers a rental-purchase agreement to a third party, all of the consumer's rights created by the rental-purchase agreement and this chapter are preserved.

A written notice required or permitted by this chapter is: 1. Deemed to have been received on personal delivery to the consumer or lessor. 2. Presumed to have been received on the third day after mailing to the consumer's or lessor's last known address.

In this chapter, unless the context otherwise requires: 1. "Check" means a draft that is payable on demand and drawn on a financial institution, a cashier's check or a teller's check. 2. "Draft" means an item, other than an instrument, that is an order. 3. "Drawer" means a person…

Notwithstanding any other law and except as provided in section 32-507, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge and collect from the maker or drawer a service fee of not more than $25 plus any actual charges asse…

In this chapter, unless the context otherwise requires: 1. "Audited financial report" means a financial report on a provider that is prepared by an independent certified public accountant. 2. "Department" means the department of insurance and financial institutions. 3. "Director"…

A. Before a provider solicits, enters into or extends the term of a senior residential entrance fee contract the provider shall register with the department on a form prescribed by the department. The form shall include at least the following information: 1. The name of the provi…

A. To maintain a valid registration, within one hundred eighty days following the conclusion of each fiscal year each provider shall file its annual financial report for the previous fiscal year with the department. If a provider fails to timely file its annual financial report, …

A. A person shall not solicit or enter into or extend the term of a senior residential entrance fee contract as a provider except pursuant to this chapter and after registering with the department as provided in section 44-6952. B. The senior residential entrance fee contract, or…

This chapter may be cited as the Arizona electronic transactions act.

In this chapter, unless the context otherwise requires: 1. "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures that are given the effect of agreements under laws otherwise…

A. Except as otherwise provided in subsections B and C of this section, this chapter applies to any electronic record and electronic signature relating to a transaction. B. For the purposes of this article and articles 2, 3 and 4 of this chapter, this chapter does not apply to a …

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this chapter.

A. This chapter does not require a record or signature to be created, generated, sent, communicated, received or stored or otherwise processed or used by electronic means or in electronic form. B. This chapter applies only to transactions between parties each of which has agreed …

This chapter shall be construed and applied to: 1. Facilitate electronic transactions consistent with other applicable law. 2. Be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices. 3. Effectuate its general…

A. A record or signature in electronic form cannot be denied legal effect and enforceability solely because the record or signature is in electronic form. B. A contract formed by an electronic record cannot be denied legal effect and enforceability solely because an electronic re…

A. If the parties to a transaction have agreed to conduct the transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the c…

A. An electronic record or electronic signature is attributable to a person if the record or signature was the act of the person or the person's electronic agent. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure appli…

A. The following apply to any change or error in an electronic record that occurs in a transmission between the parties to a transaction: 1. If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure but the oth…

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…

A. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: 1. Accurately reflects the information prescribed in the record after the record was first generated in its final form as an elect…

In any proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

A. In any automated transaction, the parties may form a contract by the interaction of: 1. Electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements. 2. An electronic agent and an individu…

A. Unless otherwise agreed to by the sender and the recipient, an electronic record is sent if the record: 1. Is properly addressed or otherwise properly directed to an information processing system that the recipient has designated or uses for the purpose of receiving electronic…

A. A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. B. A system complies with subsectio…

A signature is a secure electronic signature if, through the application of a security procedure, it can be demonstrated that the electronic signature at the time the signature was made was all of the following: 1. Unique to the person using it. 2. Capable of verification. 3. Und…

If, through the ongoing application of a security procedure, it can be demonstrated that an electronic record signed by a secure electronic signature has remained unaltered since a specified time, the record is a secure electronic record from that time of signing forward.

A. There is a rebuttable presumption that a secure electronic record has not been altered since the specific time to which the secure status relates. B. There is a rebuttable presumption that the secure electronic signature is the electronic signature of the party to whom it rela…

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied if all of the following are true: 1. A secure electronic signature of the individual who is authorized to perform those acts and all other information…

A. Each governmental agency shall determine if, and the extent to which, the governmental agency will create and retain electronic records and convert written records to electronic records. Any governmental agency that is subject to the management, preservation, determination of …

A. Except as otherwise provided in section 44-7012, subsection D, and this subsection, each governmental agency, except state agencies, shall determine if, and the extent to which, the governmental agency will send and accept electronic records and electronic signatures to and fr…

Technology standards adopted by the governmental information technology agency, electronic signature use policies adopted by the secretary of state or any other similar standards adopted by any other governmental agency pursuant to section 44-7042 shall encourage and promote cons…

A. Nothing in this chapter diminishes the parties' consumer protection rights prescribed in chapter 10, article 7 of this title or any other federal or state law relating to consumers. B. If a consumer law, other than this chapter, requires a paper record or notice of the transac…

A. Any law requiring an entity, a government agency, a government official or any person acting with official government authority to communicate with a person in writing or by mail may be satisfied by use of a secure electronic delivery service. B. This section does not apply to…

A. A signature that is secured through blockchain technology is considered to be in an electronic form and to be an electronic signature. B. A record or contract that is secured through blockchain technology is considered to be in an electronic form and to be an electronic record…

This state enacts the model statute described in the master settlement agreement entered into on November 23, 1998 between this state and certain United States tobacco product manufacturers as exhibit T as follows: Section 1. Findings and Purpose. (a) Cigarette smoking presents s…

This state enacts the model nonparticipating manufacturers legislation as follows: Section 1. Findings and Purpose. The legislature finds that violations of section 44-7101 threaten the integrity of the tobacco master settlement agreement, the fiscal soundness of the state and th…

In this chapter, unless the context otherwise requires: 1. "Banned member" means a member whose account or profile is the subject of a fraud ban. 2. "Dating referral services" means services that are primarily intended to introduce or match adults for social or romantic activitie…

A. Every contract for dating referral services shall be in writing and is subject to this article. A dating services enterprise shall include any requirement or prohibition prescribed in this article in the written contract before the customer signs the contract. The enterprise s…