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Arizona
Law
Arizona Revised Statutes
Title 44Arizona Revised Statutes Title 44
Trade and Commerce
| Chapter 1 | CONTRACTS |
| Article 1 | Statute of Frauds |
| 44-101 | Statute of frauds |
| Article 2 | Consideration |
| 44-121 | Contracts in writing; consideration |
| Article 3 | Capacity to Contract |
| 44-131 | Capacity of minor veterans and married minors |
| 44-132 | Capacity of minor to obtain hospital, medical and surgical care; definition |
| 44-132.01 | Capacity of minor to obtain treatment for venereal disease without consent of parent |
| 44-133 | Emergency consent for hospital care, medical attention or surgery by person in loco parentis |
| 44-133.01 | Capacity of minor to consent to treatment for use of a dangerous drug or narcotic |
| 44-134 | Capacity of minor for blood donation |
| Article 3.1 | Model Minor Student Capacity to Borrow Act |
| 44-140 | Definitions |
| 44-140.01 | Educational loan; enforceable; prerequisites |
| Article 4 | Liability of Parties |
| 44-141 | Joint and several liability of parties to joint obligations |
| 44-142 | Action against persons primarily and secondarily liable on bill of exchange or other contract |
| 44-143 | Formal requirements for and limitations upon confession of judgment under power of attorney |
| 44-144 | Effect of assignment of chose in action upon defenses existing at time of assignment; exceptions |
| 44-145 | Negotiable instruments or other writings evidencing consumer obligations; limitation on liability |
| Article 5 | European Currency |
| 44-161 | Interpretation of contracts, securities and other similar measures; currency; definitions |
| Chapter 2.1 | MOTOR VEHICLE TIME SALES DISCLOSURE ACT |
| Article 1 | In General |
| 44-281 | Definitions |
| 44-282 | Licensing of sales finance companies and dealers required; penalty |
| 44-283 | Denial, suspension or revocation of licenses |
| 44-286 | Requirements and prohibitions as to retail installment contracts |
| 44-287 | Contents of contract |
| 44-288 | Insurance provisions of contract |
| 44-289 | Delinquent contract; recovery; transfer fees; blank spaces in contract |
| 44-290 | Amount of payments; waiver of remedies |
| 44-291 | Computation of interest; prepayment rebate; additional charges; secondary motor vehicle finance transaction; definitions |
| 44-293 | Motor vehicle; refinancing retail installment contract |
| 44-294 | Records |
| 44-295 | Penalties |
| Chapter 3 | REVISED ARIZONA UNCLAIMED PROPERTY ACT |
| Article 1 | In General |
| 44-301 | Definitions |
| 44-302 | Presumptions of abandonment |
| 44-303 | Contents of safe deposit box or other safekeeping depository |
| 44-304 | Rules for taking custody |
| 44-305 | Dormancy charge |
| 44-306 | Burden of proof as to property evidenced by record of check or draft |
| 44-307 | Report of abandoned property |
| 44-308 | Payment or delivery of abandoned property |
| 44-309 | Notice and publication of abandoned property |
| 44-310 | Custody by state; recovery by holder; defense of holder |
| 44-311 | Crediting of owner's account; interest |
| 44-312 | Public sale of abandoned property |
| 44-313 | Deposit of monies; definition |
| 44-314 | Federal deposit insurance corporation trust fund; temporary custody; interest |
| 44-315 | Confidentiality; violation; classification; definitions |
| 44-316 | Claim of another state to recover property |
| 44-317 | Filing claim with department |
| 44-318 | Action to establish claim; attorney fees |
| 44-319 | Election to take payment or delivery |
| 44-320 | Destruction or disposition of property having no substantial commercial value; immunity from liability |
| 44-321 | Periods of limitation |
| 44-322 | Requests for reports; examination of records |
| 44-323 | Retention of records |
| 44-324 | Enforcement |
| 44-325 | Interstate agreements and cooperation; joint and reciprocal actions with other states |
| 44-326 | Interest; penalties |
| 44-327 | Agreement to locate property |
| 44-328 | Foreign transactions |
| 44-329 | Transitional provisions |
| 44-330 | Rules |
| 44-331 | Uniformity of application and construction |
| 44-332 | Arizona unclaimed property assistance office; unclaimed property problem resolution officer; duties; program termination |
| 44-333 | Erroneous advice or misleading statements by the department; abatement of penalties and interest; definitions |
| 44-334 | Basis for evaluating employee performance |
| 44-335 | No additional audits or proposed increased demands; exceptions |
| 44-336 | Private holder rulings; request; revocation or modification; definition |
| 44-337 | Abatement of interest for errors or delays caused by the department |
| 44-338 | Appeal of determination of amounts due |
| 44-339 | Signatures for documents; alternative methods; definition |
| Chapter 3.1 | UNCLAIMED PROPERTY IN MUSEUMS |
| Article 1 | In General |
| 44-351 | Definitions |
| 44-352 | Acquiring title to loaned property |
| 44-353 | Acquiring title to undocumented property |
| 44-354 | Reclamation of property |
| 44-355 | Museum obligations to the lender |
| 44-356 | Lender obligations to the museum |
| Chapter 4 | UNIFORM TRADE SECRETS ACT |
| Article 1 | General Provisions |
| 44-401 | Definitions |
| 44-402 | Injunctive relief |
| 44-403 | Damages |
| 44-404 | Attorney fees |
| 44-405 | Preservation of secrecy; definition |
| 44-406 | Statute of limitations |
| 44-407 | Effect on other laws |
| Chapter 8 | TRANSACTIONS AND TRANSFERS AFFECTING THE INTEREST OF CREDITORS |
| Article 1 | Uniform Fraudulent Transfer Act |
| 44-1001 | Definitions |
| 44-1002 | Insolvency |
| 44-1003 | Value |
| 44-1004 | Transfers fraudulent as to present and future creditors |
| 44-1005 | Transfers fraudulent as to present creditors |
| 44-1006 | When transfer is made or obligation is incurred |
| 44-1007 | Remedies of creditors |
| 44-1008 | Defenses, liability and protection of transferee |
| 44-1009 | Extinguishment of claim for relief |
| 44-1010 | Supplementary provisions |
| Article 3 | Assignments for the Benefit of Creditors |
| 44-1031 | Effect of assignment for the benefit of creditors; acknowledgment and recording; invalidity of assignments not made in accordance with this article |
| 44-1032 | Assignment for the benefit of consenting creditors; effect; execution of release by creditors |
| 44-1033 | Filing of assignment; accompanying inventory of property and indebtedness required; docketing of assignment by clerk |
| 44-1034 | Recording of deed of assignment by assignee; bond of assignee; recording; actions upon bond; duty of assignee to execute assignment |
| 44-1035 | Notice of appointment of assignee; publication |
| 44-1036 | Powers of court with respect to assignee; removal of assignee; appointment of assignee to fill vacancy |
| 44-1037 | Notice by creditors of consent to assignment; receipt by creditor of portion of claim as consent |
| 44-1038 | Filing of statement of claim by creditors |
| 44-1039 | Statement of claim by creditor as justification for payment by assignee; action to dispute claim; duty of assignee to permit creditor to inspect claims filed by other creditors |
| 44-1040 | Discount of claims allowed but not due; amount payable on claim secured by collateral in possession of creditor |
| 44-1041 | Right of assignee to property fraudulently conveyed by assignor; action by assignee or creditor to recover property fraudulently conveyed; non-recovery from bona fide purchaser |
| 44-1042 | Failure of assignor to supply inventory as prima facie evidence of concealment of property by assignor; examination of assignor by court upon application of assignee or creditor |
| 44-1043 | Attempted preference of creditor void |
| 44-1044 | Garnishment of assignee by nonconsenting creditor |
| 44-1045 | Distribution to creditors; compensation and expenses allowed assignee |
| 44-1046 | Final report by assignee; hearing; discharge of assignee; disposition of funds in estate at final settlement |
| 44-1047 | Fraudulent transactions by assignor; classification |
| Article 4 | Sale or Assignment of Chattels Unaccompanied by Change of Possession |
| 44-1061 | Sale of chattels unaccompanied by change of possession as prima facie evidence of fraud against creditors and subsequent purchasers |
| Chapter 9 | TRADE PRACTICES GENERALLY |
| Article 1 | Miscellaneous Provisions Relating to Loans |
| 44-1201 | Rate of interest for loan or indebtedness; interest on judgments |
| 44-1202 | Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract |
| 44-1203 | Application to principal of payments made upon interest contracted in excess of the maximum permitted by law; judgment in action to recover obligation involving usurious interest limited to amount due on principal |
| 44-1204 | Payments of interest on obligation involving more than the maximum permitted by law on counterclaim in action brought on obligation; action to recover payments of interest in excess of principal on usurious obligation |
| 44-1205 | Closed end loans of five thousand dollars or less; revolving accounts; check loan accounts; credit card revolving account; delinquency charges; prepayment rebates and additional charges; definition |
| 44-1206 | Effect of obligations insured or guaranteed by the United States |
| 44-1207 | Interest on lawful charge, fee, cost or expense |
| 44-1208 | Loans secured by real estate; prohibited practices; insurance |
| Article 2 | Miscellaneous Fraudulent Practices |
| 44-1211 | Fraudulent conveyance or other transaction with intent to defraud others or defeat creditors; classification |
| 44-1212 | False report to principal by agent; classification |
| 44-1213 | Issuance of get rich quick contract prohibited; classification |
| 44-1214 | Increase of weight of goods sold in container; classification |
| 44-1215 | Salting gold or silver ore to defraud; classification |
| 44-1216 | Fraud on seller of ore; classification |
| 44-1217 | Fraud on creditors by removal, sale or concealment of property; classification |
| 44-1218 | Fraudulent or mock auction; classification; forfeiture of license and disqualification of auctioneer |
| 44-1219 | Sale, removal or concealment of encumbered property; classification |
| 44-1220 | Fraudulent insurance claim; classification |
| 44-1220.01 | Fraudulent fire insurance application or claim; classification |
| 44-1221 | Deceptive use of name; classification; attorney general |
| 44-1222 | Unordered merchandise |
| 44-1223 | Fraudulent practices relating to motor vehicle odometers; classification |
| 44-1224 | Law enforcement, firefighting or emergency medical services products; sales; certification |
| Article 2.1 | Fraudulent Practices in the Sale of Indian Arts and Crafts |
| 44-1231 | Definitions |
| 44-1231.01 | Unlawful acts |
| 44-1231.02 | Sale of Indian arts and crafts; inquiry; labels |
| 44-1231.03 | Enforcement; civil action and penalty; injunctive relief; restitution; private right of action; damages |
| 44-1231.04 | Rules |
| 44-1231.05 | Violation; classification |
| Article 2.2 | Registration of Fictitious Names |
| 44-1236 | Certificate of name required |
| Article 3 | Fraudulent Practices in Sale of Petroleum Products |
| 44-1241 | Fraudulent sales |
| 44-1242 | Sale under own trademark or brand; authority of manufacturer |
| 44-1243 | Mixtures |
| 44-1244 | Storage; container previously used for different product |
| 44-1245 | Violations; continuing violations; classification |
| Article 4 | Beverage Containers |
| 44-1251 | Definitions |
| 44-1252 | Sale of beverages in containers with severable opening prohibited; exception; violation; classification |
| Article 5 | Motor Vehicle Warranties |
| 44-1261 | Definitions; exemptions |
| 44-1262 | New motor vehicle; repair during express warranty or two years or twenty-four thousand miles |
| 44-1263 | Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund |
| 44-1264 | Reasonable number of attempts to conform motor vehicle to express warranty; presumption |
| 44-1265 | Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees |
| 44-1266 | Notice to dealers and prospective purchasers |
| 44-1267 | Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies |
| Article 6 | Telephone Solicitations |
| 44-1271 | Definitions |
| 44-1272 | Telephone seller; registration |
| 44-1272.01 | Limited registration; penalty; violation; classification |
| 44-1273 | Limited exemptions |
| 44-1274 | Bond; amount; filing; beneficiaries; cancellation |
| 44-1275 | Fees |
| 44-1276 | Required disclosures; payment for goods; identification of seller or solicitor; cancellation of telephone solicitation sale; notice of right to cancel |
| 44-1277 | Violation; classification |
| 44-1278 | Unlawful practice; powers of attorney general; cumulative remedies |
| 44-1279 | Civil remedies |
| 44-1280 | Subpoena; failure to supply information or obey subpoena; confidentiality of information; violation; classification |
| 44-1281 | Duties of secretary of state |
| 44-1282 | Intrastate telemarketing; prohibitions; enforcement; civil penalty; definition |
| Article 7 | Aftermarket Crash Parts |
| 44-1291 | Definitions |
| 44-1292 | Identification of aftermarket crash part |
| 44-1293 | Disclosure on use of aftermarket crash part |
| 44-1294 | Enforcement |
| Article 8 | Waste Tire Disposal |
| 44-1301 | Definitions |
| 44-1302 | Sale of new tires; fees; acceptance of waste tires; notice; definition |
| 44-1303 | Waste tire collection sites |
| 44-1304 | Disposal of waste tires |
| 44-1304.01 | Storage, disposal, discard or abandonment of used motor vehicle tires; violation; classification; exception |
| 44-1305 | Waste tire fund and program |
| 44-1306 | Department of environmental quality; rules; annual county report to the department |
| 44-1307 | Civil penalties; environmental nuisance |
| Article 9 | Sale and Disposal of Batteries |
| 44-1321 | Definition of lead acid battery |
| 44-1322 | Disposal of lead acid batteries |
| 44-1323 | Sale of lead acid batteries; fee; notice |
| 44-1324 | Civil penalties; environmental nuisance |
| Article 10 | Medical Sharps |
| 44-1341 | Medical sharps; label |
| 44-1342 | Tattoo needles and waste; disposal; civil penalty |
| Article 11 | Assistive Device Warranties |
| 44-1351 | Definitions |
| 44-1352 | New assistive device; nonconformity; reasonable attempt to make a repair; reasonable allowance; options |
| 44-1353 | Replacement of assistive device; refund of monies; transfer of possession; limitations; disclosure |
| 44-1354 | Assistive device dealers; lessors; notice |
| 44-1355 | Exemption; waiver of rights; action to recover damages; attorney fees |
| Article 12 | Check Cashiers |
| 44-1361 | Definitions |
| 44-1362 | Check cashing; receipts; notices; government payment instruments; enforcement |
| Article 13 | Consumer Service Fees |
| 44-1365 | Definitions |
| 44-1366 | Consumer services; delinquency fees; collection fees |
| Article 14 | Credit Card Transaction Receipts |
| 44-1367 | Credit card transaction receipts; applicability; enforcement; definition |
| Article 15 | Motor Vehicle Transactions |
| 44-1371 | Motor vehicle transactions; conditional financing; traded motor vehicle; definition |
| Article 16 | Commercial Electronic Mail |
| 44-1372 | Definitions |
| 44-1372.01 | Regulations; powers of attorney general; cumulative remedies; applicability |
| 44-1372.02 | Damages |
| 44-1372.03 | Court proceedings; secrecy |
| 44-1372.04 | Applicability |
| 44-1372.05 | Violation; classification |
| Article 17 | Confidentiality of Social Security Numbers |
| 44-1373 | Restricted use of social security numbers; definition |
| 44-1373.01 | Exceptions |
| 44-1373.02 | Restricted use of sequential numbers; definition |
| 44-1373.03 | Violation; civil penalty |
| Article 18 | Confidentiality of Petroleum Industry |
| 44-1374 | Confidentiality of petroleum industry information; disclosure; supply emergency; definitions |
| 44-1375 | Definitions |
| 44-1375.01 | Applicability |
| 44-1375.02 | Standards |
| 44-1375.03 | Certification and compliance; violation; civil penalty |
| Chapter 10 | COMPETITION AND COMPETITIVE PRACTICES |
| Article 1 | Uniform State Antitrust Act |
| 44-1401 | Definition |
| 44-1402 | Contract, combination or conspiracy to restrain or monopolize trade |
| 44-1403 | Establishment, maintenance or use of monopoly |
| 44-1404 | Exclusions |
| 44-1405 | Judicial jurisdiction |
| 44-1406 | Investigation; service of demand sanctions; confidentiality |
| 44-1407 | Civil penalty and injunctive enforcement |
| 44-1408 | Damages; injunctive relief |
| 44-1409 | Judgment as prima facie evidence |
| 44-1410 | Limitations of actions |
| 44-1411 | Remedies cumulative |
| 44-1412 | Uniformity |
| 44-1413 | Short title |
| 44-1414 | Order compelling testimony or production of evidence; immunity; contempt |
| 44-1415 | Notice to attorney general; appearance |
| 44-1416 | Government contract, combination or conspiracy to restrain trade or commerce; violation; classification |
| Article 3 | Registration and Protection of Trademarks |
| 44-1441 | Definitions |
| 44-1442 | Registrability |
| 44-1443 | Application for registration |
| 44-1443.01 | Electronic filing; acceptance |
| 44-1444 | Certificate of registration; admissibility as evidence |
| 44-1445 | Duration of registration; renewal notice; application and fee |
| 44-1446 | Assignment of mark and registration |
| 44-1447 | Records |
| 44-1448 | Cancellation of registrations |
| 44-1448.01 | Injury to business reputation; dilution |
| 44-1449 | Classification of goods or services |
| 44-1450 | Fraudulent registration; damages |
| 44-1451 | Remedies for infringement |
| 44-1452 | Common law rights |
| 44-1453 | Counterfeit marks; violation; classification; presumption; seizure; forfeiture; remedies; definitions |
| 44-1455 | Use of unauthorized copy of computer software; violation; classification |
| 44-1456 | Use of trademarked container for other articles; violation; classification |
| Article 3.1 | Trade Names |
| 44-1460 | Registration of trade name, title or designation |
| 44-1460.01 | Issuance of certificate; restrictions |