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Arizona Deceptive Trade Practices Laws

Arizona has not adopted the Uniform Deceptive Trade Practices Act.  Arizona Deceptive Trade Practices Laws are stated in Title 44 of Arizona Revised Statutes.

Under A.R.S. § 44-1522, false advertising is an unlawful practice, and according to § 13-2203 false advertising is also a class 1 misdemeanor.  Under § 44-1223, tampering a vehicle’s odometer to show lesser miles in the meter is an unlawful practice and a class 1 misdemeanor.

Under A.R.S. § 44-1524, the Attorney General has the power to bring an action against a person found involved in unlawful trade practices.  Under § 44-1526, the Attorney General can issue a subpoena to the wrongdoer.  Under § 44-1527, if the wrongdoer does not comply with the subpoena, the Attorney General can get the wrongdoer adjudged for contempt of court, and have an injunction issued against him/her.  Under § 44-1531, an amount not less than $10,000 is recoverable per violation, if it is found that the person has willfully violated the law.  Under § 44-1532, an amount not more than $25,000 is recoverable per violation if it is found the person is not complying a court order or an injunction order.

A.R.S. § 44-1522 reads:

“§ 44-1522. Unlawful practices; intended interpretation of provisions
   A. The act, use or employment by any person of any deception, deceptive act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice.
B. The violation of chapter 9, article 16 or chapter 19, article 1 of this title is declared to be an unlawful practice and subject to enforcement under this article.
C. It is the intent of the legislature, in construing subsection A, that the courts may use as a guide interpretations given by the federal trade commission and the federal courts to 15 United States Code sections 45, 52 and 55(a)(1).”

A.R.S. § 44-1531 reads:
” § 44-1531. Violations; civil penalties
   A. If a court finds that any person has wilfully violated section 44-1522, the attorney general upon petition to the court may recover from the person on behalf of the state a civil penalty of not more than ten thousand dollars per violation.
B. For purposes of this section, a wilful violation occurs when the party committing the violation knew or should have known that his conduct was of the nature prohibited by section 44-1522.”

A.R.S. § 44-1532 reads in part:

“§ 44-1532. Violation of order or injunction; penalty
   A person who violates any order or injunction issued pursuant to this article shall forfeit and pay to the general fund of the state of Arizona a civil penalty of not more than twenty-five thousand dollars per violation. For the purpose of this section, the superior court in the county issuing any order or injunction shall retain jurisdiction, and the cause shall be continued. In such cases, the attorney general acting in the name of the state may petition for the recovery of civil penalties.”

Inside Arizona Deceptive Trade Practices Laws