Title 4, Business and Commercial Law

As used in this subchapter: (1) “Account” means funds or assets held by a financial services provider, including without limitation:(A) A deposit account;(B) A checking account;(C) A money market account;(D) A savings account;(E) A share account;(F) A certificate of deposit;(G) A…

(a) If any person is found to have violated any provision of this chapter, including unlawful practices related to charitable solicitations, and the violation is committed against an elder person or a person with a disability, in addition to any civil penalty otherwise set forth …

(1) In determining whether to impose an enhanced civil penalty under this subchapter and the amount thereof, the court shall consider the extent to which one (1) or more of the following factors are present:(1) Whether the defendant's conduct was in disregard of the rights of the…

An elder person or person with a disability who suffers damage or injury as a result of an offense or violation described in this chapter has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuan…

The Attorney General shall, pursuant to the funds allocated in this subchapter, develop and implement statewide educational initiatives to inform elder persons and persons with a disability, law enforcement agencies, the judicial system, social services professionals, and the gen…

(a) The Attorney General shall establish and maintain referral procedures with the Adult Protective Services Unit of the Department of Human Services in order to provide any necessary intervention and assistance to an elder person or person with a disability who may have been vic…

The “Elder Person and Person with a Disability Victims Fund” is hereby created and established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State and shall consist of those special funds as may be provided by law. This fund sha…

(a) (1) If a financial services provider has reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted, the financial services provider may refuse or delay the execution of a financial transaction of an elder person …

(a) If necessary to provide intervention and assistance to consumers, including elder persons or persons with a disability, the Attorney General may petition a court of competent jurisdiction requesting an order delaying or extending a delay of disbursement of funds. (b) The dela…

(a) A financial services provider that voluntarily or mandatorily reports via a suspicious activity report, pursuant to 31 U.S.C. § 5318(g), as it existed on January 1, 2021, any violation of law or rule constituting a violation of this chapter, may also report the information co…

The General Assembly hereby finds that during emergencies and major disasters, including, but not limited to, tornadoes, earthquakes, fires, floods, or civil disturbances, some merchants have taken unfair advantage of consumers by greatly increasing prices for essential consumer …

(a) “Building materials” means lumber, construction tools, windows, and anything else used in the building or rebuilding of property. (b) “Consumer food item” means any article that is used or intended for use for food, drink, confection, or condiment by a person or animal. (c) “…

(a) (1) Upon the proclamation of a state of emergency resulting from a tornado, earthquake, flood, fire, riot, storm, or natural or man-made disaster declared by the President of the United States or the Governor and upon the declaration of a local emergency resulting from a torn…

(a) (1) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by this chapter.(2) All remedies, penalties, and authority granted to the Attorney General under this chapte…

Nothing in this section shall preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited in this section.

(1) As used in this subchapter:(1) “Person” means any individual, group, unincorporated association, limited or general partnership, limited liability corporation, corporation, professional fund raiser, charitable organization, or other business entity;(3) “Slamming” means submit…

No telecommunications service provider and no person acting on behalf of any telecommunications service provider shall engage in the practice of slamming as defined in § 4-88-401(2).

(a) When a person violates this subchapter or a rule prescribed under this subchapter, the violation shall constitute an unfair or deceptive act or practice as defined by this chapter. (b) (1) All remedies, penalties, and authority granted to the Attorney General under this chapt…

(1) As used in this subchapter:(1) “Person” shall have the same meaning as provided in § 4-88-102; and(2) “School calendar” means a poster or other printed material that depicts a school mascot, emblem, or name in conjunction with an athletic event or schedule. (1) “Person” shall…

(a) This subchapter shall not be construed to permit an activity otherwise prohibited by law. (b) (1) A person who solicits advertisements for school calendars shall disclose whether or not the school whose name, emblem, or mascot is used will receive any funds as a result of the…

(a) A violation of this subchapter shall constitute a violation of § 4-88-101 et seq. pertaining to deceptive trade practices. (b) All remedies, penalties, and authority granted to the Attorney General under § 4-88-101 et seq. shall be available to the Attorney General for the en…

This subchapter may be referred to and cited as the “Unsolicited Commercial and Sexually Explicit Electronic Mail and Text Message Prevention Act”.

(1) As used in this subchapter:(1) “Commercial” means for the purpose of promoting the sale, lease, or exchange of goods, services, or real property;(2) “Computer network” means a set of related remotely connected devices and communication facilities, including two (2) or more co…

(a) Each person who sends or causes to be sent an unsolicited commercial electronic mail or text message or an unsolicited sexually explicit electronic mail or text message through the intermediary of an electronic mail service provider or to an electronic mail address or phone n…

(a) An interactive computer service or electronic mail service provider, or phone service provider may block the receipt or transmission through its service of any bulk electronic mail or text message that it reasonably believes is or will be sent in violation of this subchapter.…

(a) A person who violates any requirement of § 4-88-603 with respect to an unsolicited sexually explicit electronic mail is guilty of a Class B misdemeanor. (b) A person who is found guilty of, or pleads guilty or nolo contendere to, violations of § 4-88-603 is not relieved from …

(a) For any violation of a provision of this subchapter, an action may be brought by:(1) A person who received the unsolicited commercial electronic mail or text message or unsolicited sexually explicit electronic mail or text message that violates this subchapter; or(2) An elect…

(a) (1) Any transmission of unsolicited commercial or sexually explicit electronic mail or text message in violation of this subchapter shall constitute an unfair and deceptive act or practice under § 4-88-107.(2) All remedies, penalties, and authority granted to the Attorney Gen…

This act shall be known and may be cited as the “Fair Gift Card Act”.

(1) As used in this subchapter:(1) “Debit card” means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at the financial institution for the purpose of transferring money between accounts or…

(a) A person shall not sell or issue a gift certificate, a store gift card, or a general use prepaid card that is subject to an expiration date earlier than two (2) years from the date of issuance or sale of the gift certificate, store gift card, or general use prepaid card. (b) …

(1) The prohibitions and requirements of this subchapter shall not apply to gift certificates, store gift cards, or general use prepaid cards that:(1) Are distributed pursuant to an award, loyalty, or promotional program and for which there is no money or other value exchanged;(2…

A violation of the provisions of this subchapter shall constitute a deceptive and unconscionable trade practice as defined by § 4-88-101 et seq. and is subject to all the authority, remedies, and penalties granted under those sections.

(a) The State Bank Department shall promulgate rules pertaining to the regulation of state-chartered banks and the selling of gift cards. (b) The department shall have authority of the sale of gift cards by state-chartered banks and promulgate rules based on guidance issued by th…

This subchapter shall be known and may be cited as the “Fair Disclosure of State Funded Payments for Pharmacists' Services Act”.

(1) As used in this subchapter:(1) “Pharmacist” means a licensed pharmacist as defined in § 17-92-101;(2) “Pharmacist services” means products, goods, or services provided as a part of the practice of pharmacy as defined in § 17-92-101 to individuals who reside or are employed in…

(a) A PBM, when seeking payment or reimbursement for pharmacist services provided in connection with a pharmacy benefits plan or program or reporting expenditures for pharmacist services provided in connection with a pharmacy benefits plan or program, shall itemize by individual …

A violation of this subchapter is a deceptive and unconscionable trade practice under the Deceptive Trade Practices Act, § 4-88-101 et seq.

(a) This subchapter applies to a residential real estate repair contract under which a person has contracted with a residential contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy. (b) The rights and responsibilities co…

(1) As used in this subchapter:(1) (A) “Emergency services” means services performed with the express permission of the insured and that are immediately necessary for:(i) The preservation of the residential real estate; or(ii) The health of the insured, owner, or possessor.(B) “E…

(1) Before signing a residential real estate repair contract with an insured, a residential contractor shall furnish to the insured:(1) The following statement in at least 10-point boldface type, the following:“You may cancel this residential real estate repair contract at any ti…

(a) A residential contractor in a residential real estate repair contract with an insured shall not commence work until the insured's right to cancel under subsection (b) of this section has expired. (b) A person who has entered into a residential real estate repair contract with…

(a) A violation of this subchapter by a residential contractor is an unfair and deceptive act or practice as defined by this chapter. (b) This subchapter does not prohibit an insured that is harmed by a deceptive trade practice from commencing a civil action against a residential…