PREFILED    JAN 04 2024

REFERENCE TITLE: unfair practices; goods; services; pricing

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HB 2122

Introduced by

Representatives Ortiz: Cook

An Act

amending title 44, chapter 10, article 7, Arizona Revised Statutes, by adding section 44-1535; relating to consumer fraud.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 44, chapter 10, article 7, Arizona Revised Statutes, is amended by adding section 44-1535, to read:

START_STATUTE44-1535. Goods and services; pricing; unlawful practice; attorney general powers; violation; fine; definition

A. A person that advertises, displays or offers a price for goods or services in this state must:

1. Include all mandatory fees or charges in the price.

2. Describe a clear process on a receipt after purchase relating to refunds, including whether the total amount paid may be refunded and The time frame for a refund.

B. Failure to comply with this section is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by this article, including seeking a temporary or permanent injunction to cease the unlawful practice. A person that violates this section is subject to a fine not to exceed $5,000.

C. For the purposes of this section, mandatory fees or charges:

1. Includes a fee or surcharge to which any of the following apply:

(a) That must be paid to purchase the advertised good or service.

(b) That is not reasonably avoidable.

(c) For any good or service that a reasonable consumer would expect to be included with the purchase of the advertised good or service.

2. does not include taxes imposed by the government. END_STATUTE