Title 44, Trade and Commerce

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…

A customer may rescind a contract for dating referral services within three business days after the customer signs the contract if within the three day period the customer either sends a signed written notice by certified mail to the dating services enterprise at the address spec…

A. A contract for dating referral services shall not: 1. Require payments or financing over a period of more than three years after the effective date of the contract and shall not extend for the life of the customer. 2. Extend the initial term of services to be rendered under th…

A court of competent jurisdiction may award a prevailing party actual damages and reasonable attorney fees and costs.

Any violations of this article is an unlawful act or practice pursuant to section 44-1522. The attorney general may investigate the act or practice and take appropriate action pursuant to chapter 10, article 7 of this title.

A. An online dating service shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from another member who is subject to a fraud ban. The notice shall include all of the following: …

In this chapter, unless the context otherwise requires: 1. "Bot": (a) Means any automated software program that performs automatic and repetitive tasks and that is designed to impersonate or replicate human activity online. (b) Does not include autofill or password management fea…

A person may not use or create a bot to do any of the following: 1. Purchase tickets in excess of the posted limit for an online ticket sale. 2. Use multiple internet protocol addresses, multiple purchaser accounts or multiple email addresses to purchase tickets in excess of the …

A. A violation of this chapter constitutes an unlawful practice under section 44-1522. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7. B. Each ticket acquired in violation of section 44-7202 is a separate violation for…

For the purposes of this chapter, unless the context otherwise requires: 1. "Lender" means a person whose name appears on the records of the museum as the person legally entitled to property held or owing by the museum. 2. "Lender's last known address" means a description of the …

A. A museum may acquire title to loaned property pursuant to this section. If, since the expiration date of the loan, seven years have passed with no written contact between the lender and the museum or if the loan has no expiration date and at least seven years have passed since…

A. A museum may acquire title to undocumented property held by a museum for seven years or longer, verifiable through written records, with no valid claim or contact by any person in the following manner: 1. The museum shall publish a notice once a week for two consecutive weeks …

After title to the loaned property is transferred to the museum the lender has two years to bring an action against the museum to claim the property. At the end of this two year period no action or proceeding may be brought against the museum, its employees or agents by a lender …

In order to take title pursuant to this chapter a museum shall have the following obligations to a lender: 1. The museum must keep written records regarding the property for at least two years from the date of taking title pursuant to this chapter. 2. The museum must keep written…

The lender shall notify the museum of a change of address or of a change in ownership of the loaned property in order to ensure the retention of rights to the loaned property.

In this chapter, unless the context otherwise requires: 1. "Fee" means any amount or value automatically deducted from the amount of the gift card due to a period of nonuse or inactivity. 2. "Gift card" means any gift certificate, gift card or electronic gift card or any other me…

A. A gift card may not be subject to a fee. B. The underlying monies on a gift card may not be subject to an expiration date. C. A gift card or a code or device associated with a gift card may contain an expiration date with respect to the gift card or the code or device, but not…

A. An entity shall not knowingly discard or dispose of records or documents without redacting the information or destroying the records or documents if the records or documents contain an individual's first and last name or first initial and last name in combination with a corres…

A. A retailer may retain and use information from a customer's driver license or other state issued identification only for the purpose of verifying the customer's age, for the purpose of establishing a customer's identity, for the purpose of confirming that the customer is prope…

In this article, unless the context otherwise requires: 1. "Authorized user" means any person other than a cardholder who has actual, implied or apparent authority to use a cardholder's credit card or credit card account. 2. "Cardholder" means the named person who applies for or …

A cardholder's acceptance of the terms and conditions of a credit card account may be established as binding and enforceable in accordance with the terms and conditions of the credit card agreement or by either of the following other methods: 1. The cardholder's written or electr…

A cardholder is personally liable for all charges and interest incurred on the cardholder's credit card account by the cardholder or an authorized user. In no case is a cardholder liable for any charges or interest that result from the unauthorized use of a credit card.

In an uncontested court action in this state a creditor may establish the amount of the debt that is owed on a credit card account through a copy of the issuer's final billing statement or by the electronic record pursuant to section 44-7007 that is maintained by the issuer and t…

Subject to sections 44-1205 and 44-6002, if applicable, a creditor may establish the contracted interest rate for a credit card account through either of the following: 1. Terms and conditions that contain a stated or variable interest rate. 2. A billing statement generated by th…

Nothing in this chapter diminishes the party's consumer protection rights that are prescribed in any federal law or other state law relating to consumers.

In this chapter, unless the context otherwise requires: 1. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel or that is designed to or may readily be converted to expel a solid projectile by the action of expanding ga…