Title 44, Trade and Commerce

A. It is a violation of this chapter for a supplier to do any of the following: 1. Coerce or compel an equipment dealer to enter into a written or oral agreement that is supplementary to an existing dealer agreement with the supplier unless that agreement is imposed on all other …

A. Unless one or more of subsection B, paragraphs 1 through 10 apply, a supplier shall give an equipment dealer ninety days' written notice of the supplier's intent to terminate, cancel or not renew a dealer agreement or to change the competitive circumstances of that agreement. …

A. Unless this section is specifically waived in writing by the dealer, a supplier shall allow a dealer to periodically, or at least once every twelve months, return a portion of the dealer's surplus parts inventory for credit. The supplier shall notify the dealer of a time perio…

A. If a dealer agreement is cancelled or not renewed, the supplier shall repurchase the dealer's remaining inventory. The supplier shall also repurchase any specific data processing hardware that the supplier required the dealer to purchase, including computer systems equipment t…

Upon payment of the repurchase amount to the equipment dealer, the title and right to possession of the repurchased inventory shall transfer or be transferred to the supplier and the equipment dealer shall have a continuing perfected security interest in the inventory until payme…

A. If an equipment dealer dies or becomes incapacitated, the supplier shall repurchase the inventory from the estate pursuant to the inventory repurchase provisions of section 44-6705 as if the supplier had terminated the dealer agreement. The guardian, the executor or, if the de…

A. An equipment dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier's violation of the provisions of this chapter. The dealer may also recover costs and reasonable attorney fees.…

A. This chapter applies to dealer agreements in effect on the effective date of this chapter at the time the agreements are extended, revised, modified or changed in any manner and applies to all dealer agreements entered into or renewed on or after the effective date of this cha…

In this article, unless the context otherwise requires: 1. "Administrator" means the deputy director of the financial institutions division of the department of insurance and financial institutions. 2. "Cash sale price" means the price stated in a retail installment contract for …

A. A person shall not engage in the business of a sales finance company in this state without a sales finance company license as provided in this article. A motor vehicle dealer shall not sell or transfer any contract to a person in this state not licensed under the terms of this…

A. The administrator may deny a license applied for under this chapter or suspend or revoke a license issued under this chapter on any of the following grounds: 1. Material misstatement in the application for a license. 2. A violation, either knowingly or without the exercise of …

A. A retail installment contract shall be in writing, shall be signed by both the buyer and the seller and shall be completed as to all essential provisions prior to the signing of the contract by the buyer. The printed portion of the contract, other than instructions for complet…

A. The contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the motor vehicle including its make, year, model and identification number or …

A. The amount, if any, included for insurance, which may be purchased by the holder of the retail installment contract, shall not exceed the applicable premiums chargeable in accordance with the rates filed with the director of the department of insurance and financial institutio…

A. If the contract or refinancing agreement so provides, the holder may, as to any delinquent contract, recover one or more of the following: 1. A reasonable amount for the holder's cost of collection. 2. Attorney's fees in a reasonable amount where such contract is referred for …

A. Upon written request from the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under such contract. A buyer shall be given a written receipt for any paymen…

A. Except as provided in subsections G and H of this section, under a retail installment contract it is lawful to charge and receive interest not to exceed the maximum rate set by contract. B. The finance charge may be computed either at a single annual percentage rate using the …

A. The holder of a contract, upon request by the buyer, may extend the scheduled due date of all or any part of any installment or installments, defer payment or payments, renew or restate the unpaid time balance of such contract, the amount of the installments and the time sched…

Every holder or sales finance company shall maintain in its office, for a period of not less than one year after date of final payment or entry therein, a copy of all retail installment contracts or retail installment transactions entered into under the terms of this chapter.

Any person wilfully violating any provision of this chapter relating to the provisions of a contract shall not receive or retain any finance, delinquency or collection charge on the contract.

Notwithstanding any other law, the investment managers of public and private pension funds deposited in this state shall not be required to invest in any type of investment dictated or required by any entity of the federal government that is intended to fund economic development …

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 …