Chapter 9. TRADE PRACTICES GENERALLY  


Article 1. Miscellaneous Provisions Relating to Loans
Sec 44-1201. Rate of interest for loan or indebtedness; interest on judgments
Sec 44-1202. Forfeiture of all interest upon obligation involving interest exceeding the maximum amount set by contract
Sec 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
Sec 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
Sec 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
Sec 44-1206. Effect of obligations insured or guaranteed by the United States
Sec 44-1207. Interest on lawful charge, fee, cost or expense
Sec 44-1208. Loans secured by real estate; prohibited practices; insurance
Article 2. Miscellaneous Fraudulent Practices
Sec 44-1211. Fraudulent conveyance or other transaction with intent to defraud others or defeat creditors; classification
Sec 44-1212. False report to principal by agent; classification
Sec 44-1213. Issuance of get rich quick contract prohibited; classification
Sec 44-1214. Increase of weight of goods sold in container; classification
Sec 44-1215. Salting gold or silver ore to defraud; classification
Sec 44-1216. Fraud on seller of ore; classification
Sec 44-1217. Fraud on creditors by removal, sale or concealment of property; classification
Sec 44-1218. Fraudulent or mock auction; classification; forfeiture of license and disqualification of auctioneer
Sec 44-1219. Sale, removal or concealment of encumbered property; classification
Sec 44-1220. Fraudulent insurance claim; classification
Sec 44-1220.01. Fraudulent fire insurance application or claim; classification
Sec 44-1221. Deceptive use of name; classification; attorney general
Sec 44-1222. Unordered merchandise
Sec 44-1223. Fraudulent practices relating to motor vehicle odometers; classification
Sec 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
Sec 44-1231. Definitions
Sec 44-1231.01. Unlawful acts
Sec 44-1231.02. Sale of Indian arts and crafts; inquiry; labels
Sec 44-1231.03. Enforcement; civil action and penalty; injunctive relief; restitution; private right of action; damages
Sec 44-1231.04. Rules
Sec 44-1231.05. Violation; classification
Article 2.2. Registration of Fictitious Names
Sec 44-1236. Certificate of name required; exceptions
Article 3. Fraudulent Practices in Sale of Petroleum Products
Sec 44-1241. Fraudulent sales
Sec 44-1242. Sale under own trademark or brand; authority of manufacturer
Sec 44-1243. Mixtures
Sec 44-1244. Storage; container previously used for different product
Sec 44-1245. Violations; continuing violations; classification
Article 4. Beverage Containers
Sec 44-1251. Definitions
Sec 44-1252. Sale of beverages in containers with severable opening prohibited; exception; violation; classification
Article 5. Motor Vehicle Warranties
Sec 44-1261. Definitions; exemptions
Sec 44-1262. New motor vehicle; repair during express warranty or two years or twenty-four thousand miles
Sec 44-1263. Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund
Sec 44-1264. Reasonable number of attempts to conform motor vehicle to express warranty; presumption
Sec 44-1265. Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees
Sec 44-1266. Notice to dealers and prospective purchasers
Sec 44-1267. Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies
Article 6. Telephone Solicitations
Sec 44-1271. Definitions
Sec 44-1272. Telephone seller; registration; business opportunities; late filing penalty
Sec 44-1272.01. Limited registration; penalty; violation; classification
Sec 44-1273. Limited exemptions
Sec 44-1274. Bond; amount; filing; beneficiaries; cancellation
Sec 44-1275. Fees
Sec 44-1276. Required disclosures; payment for goods; identification of seller or solicitor; cancellation of telephone solicitation or business opportunity sale; notice of right to cancel
Sec 44-1276.01. Business opportunities; disclosure to consumer
Sec 44-1276.02. Business opportunity contracts in writing; required information
Sec 44-1276.03. Business opportunity contract cancellation
Sec 44-1277. Violation; classification
Sec 44-1278. Unlawful practice; powers of attorney general; cumulative remedies
Sec 44-1279. Civil remedies
Sec 44-1280. Subpoena; failure to supply information or obey subpoena; confidentiality of information; violation; classification
Sec 44-1281. Duties of secretary of state
Sec 44-1282. Intrastate telemarketing; prohibitions; enforcement; civil penalty; definition
Article 7. Aftermarket Crash Parts
Sec 44-1291. Definitions
Sec 44-1292. Identification of aftermarket crash part
Sec 44-1293. Disclosure on use of aftermarket crash part
Sec 44-1294. Enforcement
Article 8. Waste Tire Disposal
Sec 44-1301. Definitions
Sec 44-1302. Sale of new tires; fees; acceptance of waste tires; notice; definition
Sec 44-1303. Waste tire collection sites; registration
Sec 44-1304. Disposal of waste tires
Sec 44-1304.01. Storage, disposal, discard or abandonment of used motor vehicle tires; registration fees; violation; classification; exception
Sec 44-1305. Waste tire fund and program
Sec 44-1306. Department of environmental quality; rules; annual county report to the department
Sec 44-1307. Civil penalties; environmental nuisance
Article 9. Sale and Disposal of Batteries
Sec 44-1321. Definitions
Sec 44-1322. Disposal of lead acid batteries
Sec 44-1323. Sale of lead acid batteries; fee; notice
Sec 44-1324. Civil penalties; environmental nuisance
Sec 44-1325. Used automotive components dealers; records of purchase; age requirement for lead acid battery seller
Sec 44-1326. Violation; classification
Sec 44-1327. Report to the department of public safety; exemption; violation; classification
Article 10. Medical Sharps
Sec 44-1341. Medical sharps; label
Sec 44-1342. Tattoo needles and waste; disposal; civil penalty
Article 11. Assistive Device Warranties
Sec 44-1351. Definitions
Sec 44-1352. New assistive device; nonconformity; reasonable attempt to make a repair; reasonable allowance; options
Sec 44-1353. Replacement of assistive device; refund of monies; transfer of possession; limitations; disclosure
Sec 44-1354. Assistive device dealers; lessors; notice
Sec 44-1355. Exemption; waiver of rights; action to recover damages; attorney fees
Article 12. Check Cashers
Sec 44-1361. Definitions
Sec 44-1362. Check cashing; receipts; notices; government payment instruments; enforcement
Article 13. Consumer Service Fees
Sec 44-1365. Definitions
Sec 44-1366. Consumer services; delinquency fees; collection fees
Article 14. Credit Card Transaction Receipts
Sec 44-1367. Credit card transaction receipts; applicability; enforcement; definition
Article 15. Motor Vehicle Transactions
Sec 44-1371. Motor vehicle transactions; conditional financing; traded motor vehicle; definition
Article 16. Commercial Electronic Mail
Sec 44-1372. Definitions
Sec 44-1372.01. Regulations; powers of attorney general; cumulative remedies; applicability
Sec 44-1372.02. Damages
Sec 44-1372.03. Court proceedings; secrecy
Sec 44-1372.04. Applicability
Sec 44-1372.05. Violation; classification
Article 17. Confidentiality of Personal Identifying Information
Sec 44-1373. Restricted use of personal identifying information; civil penalty; definition
Sec 44-1373.01. Exceptions
Sec 44-1373.02. Restricted use of sequential numbers; definition
Sec 44-1373.03. Violation; civil penalty
Article 18. Confidentiality of Petroleum Industry Information
Sec 44-1374. Confidentiality of petroleum industry information; disclosure; supply emergency; definitions
Article 19. Appliances and Equipment Energy Efficiency Standards
Sec 44-1375. Definitions
Sec 44-1375.01. Applicability
Sec 44-1375.02. Standards
Sec 44-1375.03. Certification and compliance; violation; civil penalty
Article 20. Telephone, Utility and Communication Service Records
Sec 44-1376. Definitions
Sec 44-1376.01. Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure
Sec 44-1376.02. Application
Sec 44-1376.03. Unfair or deceptive trade practices
Sec 44-1376.04. Civil causes of action
Sec 44-1376.05. Violation; classification
Article 21. Restocking Fees
Sec 44-1377. Disclosure of restocking fee; enforcement; definition
Article 22. Foreclosure Consultants
Sec 44-1378. Definitions
Sec 44-1378.01. Applicability
Sec 44-1378.02. Prohibited acts
Sec 44-1378.03. Foreclosure consulting contract
Sec 44-1378.04. Right of cancellation
Sec 44-1378.05. Homeowner action to recover damages
Sec 44-1378.06. Fraud or deceit against homeowner; classification
Sec 44-1378.07. Enforcement
Sec 44-1378.08. Cumulative nature of penalties
Article 23. Transportation Service Contracts
Sec 44-1379. Indemnity agreements in motor carrier transportation contracts void; definitions
Article 24. Retail Food Establishments
Sec 44-1380. Consumer incentive item regulation; state preemption; definition
Article 25. Operator Service Providers
Sec 44-1381. Operator service providers; collect call rates; disclosure