44-1273. Limited exemptions
A. The following sellers are not required to register and, except for section 44-1278, subsection B and section 44-1282, are exempt from this article:
1. A person acting within the scope of a license issued under title 20.
2. A person who is either a:
(a) Charitable organization as defined in section 44-6551, this state or any county or municipality of this state or its agencies.
(b) Political party, candidate for federal, state or local office or campaign committee required to file financial information with federal, state or local election agencies.
3. A person making telephone solicitations without the intent to complete and who does not complete the sales presentation during the telephone solicitation but completes the sales presentation at a later face-to-face meeting between the solicitor and the consumer provided that the later face-to-face meeting is not for the purpose of collecting the payment or delivering any item purchased.
4. A person who after making a telephone contact with a consumer sends the consumer descriptive literature and does not require payment before the consumer's review of the descriptive literature and the person is not conducting a solicitation involving any of the following:
(a) The sale of an investment or an opportunity for an investment that is not registered with any state or federal authority.
(b) A prize promotion or premium.
(c) A recovery service.
(d) A business opportunity or merchandise related to a business opportunity.
5. A person or solicitor for a person who operates a retail business establishment under the same name as the name used in the solicitation of sales by telephone, if on a continuing basis all of the following apply:
(a) Merchandise is displayed and offered for sale or services are offered for sale and provided at the person's business establishment.
(b) At least fifty percent of the person's business involves the buyer obtaining the merchandise at the person's business establishment.
(c) The person holds a transaction privilege tax license pursuant to title 42, chapter 5.
6. A person or solicitor for a person soliciting another business if all of the following apply:
(a) At least fifty percent of the person's dollar volume consists of repeat sales to existing businesses.
(b) The person does not conduct a prize promotion that requires or implies that to win a consumer must pay money or purchase merchandise.
(c) The person has not, or any of the person's principals have not, within twenty years been convicted in any state of a felony or crime of moral turpitude, breach of trust, fraud, theft, dishonesty or violation of telephone solicitation laws, been subject to a final judgment in a civil action involving fraud, deceit or misrepresentation or been subject to an administrative order involving fraud, deceit, misrepresentation or any violation of telephone solicitations laws of any agency of this state, another state, the federal government, a territory of the United States or another country.
(d) The person is not selling a business opportunity or merchandise related to a business opportunity.
7. A person or solicitor on behalf of a person who solicits sales by periodically publishing and delivering a catalog to consumers if all of the following apply:
(a) The catalog contains a written description or illustration of each item offered for sale and the price of each item offered for sale.
(b) The catalog includes the business address or home office address of the person.
(c) The catalog includes at least twenty-four pages of written material and illustrations.
(d) The catalog is distributed in more than one state and has an annual circulation by mail of at least two hundred fifty thousand.
B. The following sellers shall file a limited registration statement pursuant to section 44-1272.01 and, except for sections 44-1278 and 44-1282, are exempt from this article:
1. A person acting within the scope of a license issued under title 6 or 32 or by the corporation commission pursuant to this title, except persons licensed under title 6, chapter 13.
2. If soliciting within the scope of the license, any licensed securities, commodities or investments broker or dealer or investment advisor or any licensed associated person of a securities, commodities or investments broker or dealer or investment advisor.
3. An issuer or a subsidiary of an issuer that has a class of securities that is subject to section 12 of the securities exchange act of 1934 (15 United States Code sections 78a through 78mm) and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G) or (H) or subsection (g)(2) of section 12 of the act. A subsidiary of an issuer that qualifies for exemption under this paragraph is not exempt unless at least sixty percent of the voting power of the subsidiary's shares is owned by the qualifying issuer or issuers.
4. A person certificated or regulated by the corporation commission pursuant to title 40, chapter 2 or a subsidiary of that person or a federal communications commission licensed cellular telephone company or radio telecommunication services provider.
5. A person making telephone solicitations for a newspaper of general circulation, a magazine or a licensed cable television system or video service provider.
6. An issuer or subsidiary of an issuer that is subject to registration under chapter 12, article 6 or 7 of this title or that is exempt from registration under section 44-1843, subsection A, paragraph 1, 2, 3, 4, 5, 7 or 9.
7. A person making telephone solicitations for the sale or purchase of books, recordings, videocassettes and similar goods through a membership group or club regulated by the federal trade commission or through a contractual plan or arrangement such as a continuity plan, subscription arrangement, series arrangement or single purchase under which the seller ships goods to a consumer who has consented in advance to receive those goods and the recipient is given the opportunity to review goods for at least seven days and to receive a full refund for return of undamaged goods.
8. A person or solicitor for a person when soliciting previous customers, if all of the following apply:
(a) The person is not offering to sell or selling a security that is not registered with any state or federal authority.
(b) The person makes the solicitation under the same name as the name used to sell merchandise to the customer previously.
(c) The person does not operate a recovery service.
(d) The person does not conduct a prize promotion that requires a consumer to, or implies that to win a consumer must, pay money or purchase merchandise.
(e) The person has not, or any of its principals have not, within twenty years been convicted in any state of a felony or a crime of moral turpitude, breach of trust, fraud, theft, dishonesty or a violation of telephone solicitation laws, been subject to a final judgment in a civil action involving fraud, deceit or misrepresentation or been subject to an administrative order involving fraud, deceit, misrepresentation or any violation of telephone solicitation laws of any agency of this state, another state, the federal government, a territory of the United States or another country.
9. A person making telephone solicitations exclusively for the purpose of the sale of telephone answering services to be provided by that person or that person's employer.
10. Any bank holding company, bank, financial institution, trust company, savings and loan association, credit union, mortgage banker or broker, consumer lender or insurer that is licensed or supervised by an official or agency of this state, any other state or the United States, including any parent, subsidiary or affiliate of these institutions.
11. A person providing telemarketing sales service continuously for at least five years under the same ownership and control that derives seventy-five percent of its gross telemarketing sales revenues from contracts with persons exempted by this section. A seller using an exempt telemarketing sales service is not exempt unless otherwise qualifying for an exemption under this section.
C. On request by the secretary of state, the director of the department of insurance and financial institutions shall provide a current list in a mutually acceptable electronic format to the secretary of state of the requested licensees described in subsection A, paragraph 1 of this section that includes all of the following information:
1. The true legal name of the seller.
2. All of the names under which the seller is doing business or intends to do business.
3. The complete street address of the physical location of the principal place of business of the seller and the telephone number for the location.
4. The name and address of the seller's agent who is authorized to receive service of process in this state.
D. In any civil proceeding alleging a violation of this article, the burden of proving an exemption or an exception from a definition is on the person claiming the exemption or exception. In any criminal proceeding in which a violation of this article is alleged, the burden of producing evidence to support a defense based on an exemption or an exception from a definition is on the person claiming the exemption or exception.
E. Any person or solicitor exempted in part from this article by this section shall not make or submit a charge to a consumer's credit card account or a consumer's checking, savings, share or similar account unless any of the following applies:
1. The person provides that the consumer may receive a full refund for the return of undamaged and unused goods or a cancellation of services by providing notice to the person within seven days after the date that the consumer receives the merchandise and the person processes:
(a) A full refund within thirty days after the date that the person receives the returned merchandise from the consumer.
(b) A full refund within thirty days after the purchaser of services cancels an order for the services or a pro rata refund for any services not yet performed for the consumer.
2. The person provides the consumer with a signed copy of a written contract that includes the person's name, address and business telephone number and that fully describes the merchandise offered by the person, the total price to be charged by the person and any terms or conditions affecting the sale.
3. The person is either a:
(a) Charitable organization as defined in section 44-6551, this state or any county or municipality of this state or its agencies.
(b) Political party, candidate for federal, state or local office or campaign committee required to file financial information with federal, state or local election agencies.
Structure Arizona Revised Statutes
§ 44-121 - Contracts in writing; consideration
§ 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
§ 44-133.01 - Capacity of minor to consent to treatment for use of a dangerous drug or narcotic
§ 44-134 - Capacity for blood donation
§ 44-140.01 - Educational loan; enforceable; prerequisites
§ 44-141 - Joint and several liability of parties to joint obligations
§ 44-161 - Interpretation of contracts, securities and other similar measures; currency; definitions
§ 44-171 - Exemption from licensure, certification, registration or other authorization to act
§ 44-282 - Licensing of sales finance companies 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
§ 44-293 - Motor vehicle; refinancing retail installment contract
§ 44-302 - Presumptions of abandonment
§ 44-303 - Contents of safe deposit box or other safekeeping depository
§ 44-304 - Rules for taking custody
§ 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
§ 44-314 - 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
§ 44-321 - Periods of limitation
§ 44-322 - Requests for reports; examination of records
§ 44-323 - Retention of records
§ 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
§ 44-331 - Uniformity of application and construction
§ 44-334 - Basis for evaluating employee performance
§ 44-335 - No additional audits or proposed increased demands; exceptions
§ 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
§ 44-340 - Auditor contingent fee contracts; notice of rights
§ 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
§ 44-405 - Preservation of secrecy; definition
§ 44-406 - Statute of limitations
§ 44-407 - Effect on other laws
§ 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
§ 44-1035 - Notice of appointment of assignee; publication
§ 44-1038 - Filing of statement of claim by creditors
§ 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
§ 44-1047 - Fraudulent transactions by assignor; classification
§ 44-1201 - Rate of interest for loan or indebtedness; interest on judgments
§ 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
§ 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
§ 44-1219 - 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
§ 44-1231.02 - Sale of Indian arts and crafts; inquiry; labels
§ 44-1231.05 - Violation; classification
§ 44-1236 - Certificate of name required; exceptions
§ 44-1242 - Sale under own trademark or brand; authority of manufacturer
§ 44-1244 - Storage; container previously used for different product
§ 44-1245 - Violations; continuing violations; classification
§ 44-1261 - Definitions; exemptions
§ 44-1264 - Reasonable number of attempts to conform motor vehicle to express warranty; presumption
§ 44-1266 - Notice to dealers and prospective purchasers
§ 44-1272 - Telephone seller; registration; business opportunities; late filing penalty
§ 44-1272.01 - Limited registration; penalty; violation; classification
§ 44-1273 - Limited exemptions
§ 44-1274 - Bond; amount; filing; beneficiaries; cancellation
§ 44-1276.01 - Business opportunities; disclosure to consumer
§ 44-1276.02 - Business opportunity contracts in writing; required information
§ 44-1276.03 - Business opportunity contract cancellation
§ 44-1277 - Violation; classification
§ 44-1278 - Unlawful practice; powers of attorney general; cumulative remedies
§ 44-1281 - Duties of secretary of state
§ 44-1282 - National do-not-call registry; prohibitions; enforcement; civil penalty; definition
§ 44-1292 - Identification of aftermarket crash part
§ 44-1293 - Disclosure on use of aftermarket crash part
§ 44-1302 - Sale of new tires; fees; acceptance of waste tires; notice; definition
§ 44-1303 - Waste tire collection sites; registration
§ 44-1304 - Disposal of waste tires
§ 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
§ 44-1322 - Disposal of lead acid batteries
§ 44-1323 - Sale of lead acid batteries; refundable deposit; notice
§ 44-1324 - Civil penalties; environmental nuisance
§ 44-1326 - Violation; classification
§ 44-1327 - Report to the department of public safety; exemption; violation; classification
§ 44-1341 - Medical sharps; label
§ 44-1342 - Tattoo needles and waste; disposal; civil penalty
§ 44-1354 - Assistive device dealers; lessors; notice
§ 44-1355 - Exemption; waiver of rights; action to recover damages; attorney fees
§ 44-1362 - Check cashing; receipts; notices; government payment instruments; enforcement
§ 44-1366 - Consumer services; delinquency fees; collection fees
§ 44-1367 - Credit card transaction receipts; applicability; enforcement; definition
§ 44-1372.01 - Regulations; powers of attorney general; cumulative remedies; applicability
§ 44-1372.03 - Court proceedings; secrecy
§ 44-1372.05 - Violation; classification
§ 44-1373 - Restricted use of personal identifying information; civil penalty; definition
§ 44-1373.02 - Restricted use of sequential numbers; definition
§ 44-1373.03 - Violation; civil penalty
§ 44-1375.03 - Certification and compliance; violation; civil penalty
§ 44-1376.03 - Unfair or deceptive trade practices
§ 44-1376.04 - Civil causes of action
§ 44-1376.05 - Violation; classification
§ 44-1377 - Disclosure of restocking fee; enforcement; definition
§ 44-1378.02 - Prohibited acts
§ 44-1378.03 - Foreclosure consulting contract
§ 44-1378.04 - Right of cancellation
§ 44-1378.05 - Homeowner action to recover damages
§ 44-1378.06 - Fraud or deceit against homeowner; classification
§ 44-1378.08 - Cumulative nature of penalties
§ 44-1379 - Indemnity agreements in motor carrier transportation contracts void; definitions
§ 44-1380 - Consumer incentive item regulation; state preemption; definition
§ 44-1381 - Operator service providers; collect call rates; disclosure
§ 44-1382 - Transfer of personal property; city, town or county
§ 44-1402 - Contract, combination or conspiracy to restrain or monopolize trade
§ 44-1403 - Establishment, maintenance or use of monopoly
§ 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
§ 44-1414 - Order compelling testimony or production of evidence; immunity; contempt
§ 44-1415 - Notice to attorney general; appearance
§ 44-1422 - Bad faith patent infringement claims; prohibited
§ 44-1424 - Federal patent infringement allegation exception
§ 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
§ 44-1448 - 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
§ 44-1455 - Use of unauthorized copy of computer software; violation; classification
§ 44-1456 - Use of trademarked container for other articles; violation; classification
§ 44-1460 - Registration of trade name, title or designation
§ 44-1460.01 - Issuance of certificate; restrictions
§ 44-1460.02 - Effective term of registration; renewal; expiration notice
§ 44-1460.03 - Assignment and recording of rights
§ 44-1460.04 - Public examination of records
§ 44-1460.05 - Exclusive rights; common law rights
§ 44-1460.06 - Electronic filing; acceptance
§ 44-1460.07 - Trade name registration cancellation; release for use
§ 44-1481 - Fraudulent advertising practices defined; violation; classification
§ 44-1482 - Unsolicited commercial fax advertisements; definition
§ 44-1503 - Posting of minimum and maximum rates
§ 44-1504 - Accommodations advertised required to be available
§ 44-1505 - False statements prohibited
§ 44-1507 - Violation; classification
§ 44-1522 - Unlawful practices; intended interpretation of provisions
§ 44-1524 - Powers of attorney general
§ 44-1525 - Confidentiality of information or evidence
§ 44-1526 - Subpoena; hearing; rules and regulations
§ 44-1527 - Failure to supply information or obey subpoena; hearing
§ 44-1528 - Remedies; injunction; other reliefs; receiver
§ 44-1529 - Powers of receiver
§ 44-1530 - Assurance of discontinuance of unlawful practice
§ 44-1531 - Violations; civil penalties
§ 44-1531.01 - Consumer protection-consumer fraud revolving fund; use of fund
§ 44-1531.02 - Consumer restitution and remediation revolving fund; subaccounts
§ 44-1532 - Violation of order or injunction; penalty
§ 44-1533 - Cumulative remedies
§ 44-1552 - Disclosures to be made by distributor before conclusion of agreement
§ 44-1553 - Voidable franchises
§ 44-1554 - Prohibited practices
§ 44-1555 - Permitted practices
§ 44-1556 - Termination of franchise; notice; grounds
§ 44-1557 - Required provisions in agreements between distributors and dealers
§ 44-1561 - Arizona commerce authority; fuel price data; availability
§ 44-1562 - Full-service gasoline stations; assistance to drivers with disabilities
§ 44-1566 - Franchise termination
§ 44-1567 - Action for damages; other remedies; defense
§ 44-1602 - Requirements of dealers of precious items; violation; classification
§ 44-1612 - Exemption qualifications
§ 44-1613 - Unlawful moving practices
§ 44-1614 - Delivery and unloading of household goods; exemption
§ 44-1615 - Waiver prohibited; failure to comply with article
§ 44-1616 - Lawful collection of monies
§ 44-1622 - Pawn tickets; requirements
§ 44-1623 - Sale of pledged goods
§ 44-1624 - Pawn transactions; reportable transactions
§ 44-1626 - Interest; fees; payment; military members
§ 44-1627 - Licensing; requirements
§ 44-1628 - Revocation and suspension
§ 44-1630 - False representation
§ 44-1631 - Violations; classification
§ 44-1632 - Pawnshop hours; city or town ordinance
§ 44-1641.02 - Law enforcement; theft notification website
§ 44-1641.03 - Registration; application; information disclosed on website
§ 44-1641.04 - Registration; fees
§ 44-1642.01 - Prohibited scrap metal transactions; exceptions; violation; classification
§ 44-1642.02 - Scrap vehicle purchase; applicable law
§ 44-1643 - Violation; classification
§ 44-1644 - Report; exemption; violation; classification
§ 44-1645 - Applicability; state preemption
§ 44-1647 - Department of public safety; transaction form
§ 44-1648 - Preemption; power of local authorities; city, town or county licensing system
§ 44-1649 - Joint legislative committee on metal theft
§ 44-1652 - Operating bucket shop prohibited; classification
§ 44-1653 - Owner or manager of property permitting bucket shop; classification
§ 44-1655 - Making or offering to make future contract; classification; defense
§ 44-1656 - Acting or offering to act as agent or broker to make future contract; classification
§ 44-1657 - Facts constituting prima facie proof of future contract
§ 44-1658 - Burden of proof in prosecution for making future contract
§ 44-1659 - Injunctive remedy against bucket shop
§ 44-1672 - License required; exemptions
§ 44-1673 - Application for license; contents
§ 44-1677 - Issuance of license
§ 44-1678 - Numbering of inventoried articles; subsequent inventory; intent to defraud
§ 44-1679 - Articles stocked within sixty days prior to application
§ 44-1680 - Representation of articles
§ 44-1681 - Return of purchases; display of notice
§ 44-1682 - Suspension, restoration of licenses; appeal
§ 44-1683 - Licensee's responsibility
§ 44-1684 - Sale of articles described falsely
§ 44-1685 - Application of article; exemptions
§ 44-1686 - Violation; classification
§ 44-1692 - Permissible use of consumer reports
§ 44-1693 - Access to reports by a consumer
§ 44-1694 - Correction of credit reports
§ 44-1696 - Unlawful acts; classification
§ 44-1697 - Fair credit reporting
§ 44-1698 - Security freeze on credit reports and credit scores; fees prohibited; definitions
§ 44-1698.01 - Consumer credit reports; extension of credit; identity theft; definition
§ 44-1698.02 - Security freezes; credit reports; protected person; fee prohibited; definitions
§ 44-1703 - Credit services organizations; prohibited activities
§ 44-1705 - Information statement; contents
§ 44-1706 - Contracts; requirements; contents
§ 44-1707 - Credit service organization's breach of contract or obligation; violation of article
§ 44-1710 - Violation; classification; enforcement
§ 44-1711 - Action for recovery of damages by buyer
§ 44-1712 - Application of other laws; remedies as additional
§ 44-1722 - Registration of name or mark; notice
§ 44-1723 - Unlawful activities; civil action
§ 44-1724 - Damages; costs; attorney fees
§ 44-1725 - Presumption of unauthorized activity
§ 44-1732 - Violation; classification
§ 44-1733 - Sale or contract for sale of interest in pyramid promotional scheme voidable
§ 44-1735 - Pyramid promotional scheme; prohibition; defenses excluded
§ 44-1742 - Written contract required; conspicuous statement of cost; limitation of amount
§ 44-1743 - Limitation on payment period; prohibition against life contract; single contract
§ 44-1744 - Contract; additional provisions required
§ 44-1745 - Execution of notes; assignment; customer's defenses retained
§ 44-1746 - Relief from payment
§ 44-1747 - Voidable contracts; waiver voidable; damages for violation of article
§ 44-1748 - Violation of provisions of article; injunction
§ 44-1752 - Pharmacy benefits managers; prohibitions; applicability
§ 44-1753 - Prescription medications; ninety-day fill; exceptions
§ 44-1754 - Delivery of prescription drugs; disclosure; exception
§ 44-1762 - Solar energy device warranties; installation standards; inspections
§ 44-1763 - Distributed energy generation system agreements; disclosures; exception
§ 44-1764 - Distributed energy generation systems; interconnection
§ 44-1772 - Art dealer and artist; relationship
§ 44-1773 - Purchase or resale of consigned fine art by art dealer
§ 44-1774 - Trust property exempt from claims of art dealer's creditors
§ 44-1775 - Art dealer required to obtain written contract
§ 44-1776 - Art dealer; duties
§ 44-1793 - Contract form; conspicuous statement of costs; duration and cancellation
§ 44-1794 - Execution of notes; assignment; customer's defenses retained
§ 44-1795 - Installment payments
§ 44-1796 - Voidable contracts; waiver voidable; damages
§ 44-1797.01 - Bond; amount; copy; conflict of interest
§ 44-1797.02 - Bond; beneficiaries; actions; liability; cancellation
§ 44-1797.03 - Cash deposit in lieu of bond
§ 44-1797.05 - Written contract; contents
§ 44-1797.06 - Payment or financing period; limitation
§ 44-1797.07 - Availability of services; time
§ 44-1797.11 - Cancellation of contract; time; definition
§ 44-1797.12 - Voidable contracts; reference to compliance with article
§ 44-1797.13 - Misrepresentation; contract void and unenforceable
§ 44-1797.14 - Rescission and pro rata refund; removal of place of business
§ 44-1797.17 - Violation; classification
§ 44-1797.18 - Provisions not exclusive
§ 44-1798.01 - Sales representative contract
§ 44-1798.02 - Termination of sales representative contract; payment of earned commissions
§ 44-1798.03 - Revocable offers of commission
§ 44-1798.04 - Jurisdiction; no waiver; election of remedies
§ 44-1798.21 - Loan servicing; service of process; definitions
§ 44-1799.01 - Initial veterinary examination
§ 44-1799.02 - Information statement; purchaser rights; notice
§ 44-1799.04 - Animal care requirements; violation; classification
§ 44-1799.05 - Purchaser remedies for sale of unfit cats or dogs; requirements; exceptions
§ 44-1799.06 - Contested actions; procedures
§ 44-1799.07 - Presumption of illness
§ 44-1799.08 - Civil penalties; enforcement actions
§ 44-1799.09 - Applicability to other laws; waiver of rights
§ 44-1799.10 - Pet stores; pet dealers; prohibitions on dog and cat purchases; recordkeeping
§ 44-1799.11 - Pet dealer regulation; state preemption
§ 44-1799.21 - Casket sales; price disclosure; definition
§ 44-1799.32 - Prohibition of certain shopping cart activity; applicability; consent; presumption
§ 44-1799.34 - Shopping cart retrieval; records; sign
§ 44-1799.35 - Applicability of article; local ordinances
§ 44-1799.36 - Violation; classification; applicability
§ 44-1799.41 - Heavy equipment rental agreements; requirements; definition
§ 44-1799.51 - Loan information; solicitations; restrictions; injunction; definition
§ 44-1799.61 - Definition of amusement ride
§ 44-1799.63 - Amusement ride owners and operators; requirements; denial of entry
§ 44-1799.71 - Unlawful public sale of animals; civil penalty; definitions
§ 44-1799.92 - Direct primary care agreements; requirements; notice
§ 44-1799.93 - Direct primary care provider; acceptance and discontinuance of patients
§ 44-1799.94 - Direct primary care agreements; fees
§ 44-1799.95 - Direct primary care agreements; dentists
§ 44-1799.96 - Direct primary care agreements; regulation
§ 44-1811 - Director of securities
§ 44-1812 - Assistant director of securities
§ 44-1813 - Employment of personnel; criminal records check
§ 44-1814 - Travel and other necessary expenses of employees
§ 44-1815 - Cooperation with other securities agencies
§ 44-3111 - Director of securities
§ 44-3112 - Assistant director of securities
§ 44-3113 - Employment of personnel
§ 44-3114 - Travel and other necessary expenses of employees
§ 44-3115 - Cooperation with other agencies
§ 44-1821 - General rule-making power of commission; delegation of authority; limitation
§ 44-1823 - Power to require testimony and production of records; order of nondisclosure
§ 44-1824 - Dealer examination assessment; foreign examination cost; payment
§ 44-1826 - No-action requests
§ 44-3131 - General rule making power of commission; delegation of authority; limitation
§ 44-3133 - Power to require testimony and production of records; order of nondisclosure
§ 44-1841 - Sale of unregistered securities prohibited; classification
§ 44-1842 - Transactions by unregistered dealers and salesmen prohibited; classification
§ 44-1843 - Exempt securities; fee; filing
§ 44-1843.01 - Nonexempt government securities; covered securities; exemptions
§ 44-1843.02 - Special filing requirements for certain exempt or federal covered securities
§ 44-1844 - Exempt transactions
§ 44-1846 - Powers of commission to exempt certain securities or transactions
§ 44-1847 - Power of commission to exempt certain securities or transactions of regulated issuers
§ 44-1849 - Real property investment contracts; recording
§ 44-1850 - Viatical or life settlement investment contracts
§ 44-1861 - Fees; deposit; abandonment
§ 44-1862 - Consent to service of process; service on commission
§ 44-1863 - Receipt of electronic securities filings
§ 44-1871 - Securities that may be registered by description
§ 44-1874 - Registration of additional securities by description
§ 44-1875 - Filing of additional information
§ 44-1876 - Escrow of certain securities; restrictive sales agreement
§ 44-1877 - Escrow of treasury stock; restrictive sales agreement
§ 44-1878 - Impoundment of funds from sale of speculative securities
§ 44-1891 - Registration by qualification
§ 44-1892 - Documents required for application for registration by qualification; fee
§ 44-1895 - Preparation of required financial statements
§ 44-1897 - Amendment or withdrawal of application, prospectus or other documents
§ 44-1899 - Renewal of registration by qualification
§ 44-1900 - Registration of additional securities by qualification
§ 44-1901 - Registration of certain securities by qualification; definitions
§ 44-1921 - Denial of registration by qualification
§ 44-1922 - Revocation of registration by qualification or description; grounds
§ 44-1923 - Order denying or revoking registration; notice to issuer and dealers
§ 44-1924 - Order suspending registration; grounds; hearing; notice
§ 44-1942 - Power of commission or director to require filing of additional information
§ 44-1943 - Power of commission to require bond from dealer
§ 44-1945 - Application for registration as salesman; filing; contents; exemptions
§ 44-1948 - Reporting requirements of dealers and salesmen; real property records
§ 44-1950 - Active military duty; compensation
§ 44-1963 - Entry of order of denial, revocation or suspension
§ 44-1964 - Temporary suspension orders
§ 44-1971 - Initiation of hearing; purpose of hearing
§ 44-1972 - Notice of and opportunity for hearing; time of hearing
§ 44-1973 - Conduct of hearing
§ 44-1991 - Fraud in purchase or sale of securities
§ 44-1992 - Filing of misleading information with commission
§ 44-1993 - Misrepresentation of effect of registration of securities
§ 44-1994 - Misrepresentation of effect of registration of dealers or salesmen
§ 44-1995 - Violation; classification
§ 44-1996 - Prohibition of referral fees
§ 44-1997 - False registration statement; liability
§ 44-1998 - Offers and sales; liability
§ 44-1999 - Controlling persons; liability
§ 44-2000 - Contrary stipulations void
§ 44-2001 - Voidable sale or contract for sale of securities; remedy
§ 44-2002 - Remedy for voidable purchases
§ 44-2004 - Limitation of civil actions
§ 44-2005 - Remedy not exclusive
§ 44-2011 - Petition for appointment of conservator or receiver
§ 44-2012 - Complaint; contents
§ 44-2013 - Preliminary injunction; appointment of temporary conservator or receiver
§ 44-2014 - Permanent injunction; permanent conservator or receiver
§ 44-2015 - Conservator; bond; powers and duties
§ 44-2017 - Compensation of conservators and other personnel
§ 44-2031 - Jurisdiction and venue of offenses and actions; joinder of spouse
§ 44-2033 - Burden of proof of exemptions
§ 44-2034 - Evidence of registration or notice filing; lack of registration or notice filing
§ 44-2035 - Evidence of record of proceedings
§ 44-2036 - Administrative penalty
§ 44-2039 - Securities regulatory and enforcement fund; purpose
§ 44-2040 - Violation; classification
§ 44-2041 - Continuance of prior law for certain purposes
§ 44-2051 - Advancement of economic development and capital formation
§ 44-2052 - Exchange operation; commission rules
§ 44-2053 - Limitation on liability
§ 44-2055 - Securities public reference rooms
§ 44-2081 - Private securities class action litigation
§ 44-2082 - Requirements for securities fraud actions involving misleading statements or omissions
§ 44-2083 - Sanctions for abusive litigation
§ 44-2084 - Right to written interrogatories
§ 44-2085 - Limitation on damages; definition
§ 44-2086 - Attorney fees paid from disgorgement monies; prohibition
§ 44-2087 - Application of safe harbor for forward-looking statements; definitions
§ 44-2121 - Definition of illegal act
§ 44-2122 - Audit requirements
§ 44-2123 - Audit discoveries; required responses
§ 44-2124 - Auditor liability limitation
§ 44-2125 - Civil penalties in cease and desist proceedings
§ 44-2126 - Preservation of existing authority
§ 44-3102 - Interpretations by commission
§ 44-3151 - Licensure required; exclusion; violation; classification
§ 44-3154 - Licensure application; additional information
§ 44-3155 - Investment adviser license; notification
§ 44-3156 - Application for licensure as investment adviser representative
§ 44-3157 - Investment adviser representative license; notification
§ 44-3158 - Expiration, renewal or transfer of licensure; automatic suspension
§ 44-3159 - Reporting requirements
§ 44-3181 - Fees; penalties; abandonment
§ 44-3201 - Grounds for denial, revocation or suspension of license; administrative remedies
§ 44-3202 - Entry of order of denial, suspension or revocation
§ 44-3211 - Initiation of hearing; purpose of hearing
§ 44-3212 - Notice of an opportunity for a hearing; time of hearing
§ 44-3213 - Conduct of hearing
§ 44-3241 - Fraud in provision of investment advisory services; liability; violation; classification
§ 44-3271 - Petition for appointment of conservators and receivers
§ 44-3272 - Conservators and receivers
§ 44-3291 - Jurisdiction and venue of offenses and actions; joinder of spouse
§ 44-3292 - Cease and desist orders; injunctions; civil restitution; prosecutions for violations
§ 44-3293 - Burden of proof of exemptions
§ 44-3294 - Evidence of licensure or lack of licensure
§ 44-3295 - Evidence of record of proceedings
§ 44-3296 - Administrative penalty
§ 44-3298 - Investment management regulatory and enforcement fund; purpose
§ 44-3299 - State liability; limitation
§ 44-3321 - Notice filings by open-end companies and unit investment trusts
§ 44-3322 - Amount and term of securities subject to notice filing
§ 44-3324 - Notice filing fees
§ 44-3325 - Notice filings by closed-end companies
§ 44-5002 - Cancellation period; method of cancellation; intent; waiver void
§ 44-5003 - Referral sales, rebate or discount violations
§ 44-5004 - Agreement requirements
§ 44-5006 - Time limitation; disposition of goods
§ 44-5007 - Buyer responsibility; services
§ 44-5008 - Violation; classification
§ 44-5101 - Wholesale buyers; wholesale sellers; disclosure; unlawful practice; definitions
§ 44-6002 - Retail installment contracts; retail charge account agreements; definitions
§ 44-6004 - Assignment or transfers
§ 44-6005 - Periodic statements required
§ 44-6006 - Violation; bar to recovery
§ 44-6501 - Authorization to apply for foreign trade zone
§ 44-6561 - Unlawful acts or practices; violation; classification; civil penalty
§ 44-6702 - Prohibited acts of supplier
§ 44-6703 - Dealer agreements; cancellation
§ 44-6704 - Surplus parts inventory; credits
§ 44-6705 - Cancellation of dealer agreement; repurchase
§ 44-6706 - Repurchase; title; security interest
§ 44-6707 - Death of equipment dealer; definition
§ 44-6708 - Cause of action; remedies
§ 44-6709 - Current agreements; effect of law; void provisions
§ 44-6751 - Investment of pension funds
§ 44-6803 - General requirements of disclosure
§ 44-6805 - Prohibited rental-purchase agreement terms; practices
§ 44-6806 - Collection practices
§ 44-6811 - Enforcement; penalties
§ 44-6812 - Lessor's defenses; definition
§ 44-6813 - Assignment of a rental-purchase agreement
§ 44-6852 - Dishonored checks; service fee
§ 44-6952 - Senior residential entrance fee contracts; provider registration; registration fee
§ 44-6953 - Maintaining valid registration
§ 44-6954 - Senior residential entrance fee contracts; offer; rescission; disclosure
§ 44-7004 - Prospective application
§ 44-7005 - Use of electronic records and signatures; variation by agreement
§ 44-7006 - Construction; application
§ 44-7007 - Legal recognition of electronic records, signatures and contracts; definition
§ 44-7008 - Provision of information in writing; presentation of records
§ 44-7009 - Attribution and effect of electronic record and signature
§ 44-7010 - Effect of change or error
§ 44-7011 - Notarization; acknowledgment
§ 44-7012 - Electronic records retention; originals; definition
§ 44-7013 - Admissibility in evidence
§ 44-7014 - Automated transaction contracts
§ 44-7015 - Time and place of sending and receipt
§ 44-7016 - Transferable records; definition
§ 44-7031 - Secure electronic signatures
§ 44-7032 - Secure electronic records
§ 44-7034 - Electronic notarization; acknowledgment
§ 44-7041 - Creation; retention; conversion of written records
§ 44-7042 - Sending and accepting electronic records; exemption
§ 44-7051 - Consumer protection
§ 44-7052 - Electronic delivery of written communications; exception; definition
§ 44-7101 - Tobacco product manufacturers escrow accounts; model statute
§ 44-7111 - Tobacco; nonparticipating manufacturers; civil penalty; violation; classification
§ 44-7152 - Dating referral services contracts
§ 44-7153 - Rescission; refunds; definition
§ 44-7154 - Prohibited contract provisions; prohibited acts
§ 44-7155 - Damages; attorney fees
§ 44-7156 - Enforcement by attorney general
§ 44-7157 - Fraud ban disclosures
§ 44-7402 - Gift card fees prohibited; underlying monies expiration date prohibited; civil penalty
§ 44-7802 - Acceptance of credit card agreement
§ 44-7803 - Consumer credit cardholder liability
§ 44-7804 - Establishment of amount owed on a credit card account
§ 44-7805 - Establishment of interest rate
§ 44-7806 - Consumer protection rights
§ 44-7852 - Private party firearms transfer; state or political subdivision encumbrance prohibited
§ 44-7902 - Mugshot website operators; prohibited acts; exceptions
§ 44-7951 - Businesses exempt from mask mandate
§ 44-8002 - Direct-to-consumer genetic testing company requirements; prohibition
§ 44-8004 - Enforcement; violation; civil penalty; damages; costs; attorney fees
§ 44-8021 - Dog or cat possession; microchip scan; owner notification; definition