Arizona Laws 44-7051. Consumer protection
A. Nothing in this chapter diminishes the parties’ consumer protection rights prescribed in chapter 10, article 7 of this title or any other federal or state law relating to consumers.
Terms Used In Arizona Laws 44-7051
- Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures that are given the effect of agreements under laws otherwise applicable to a particular transaction. See Arizona Laws 44-7002
- Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and any other applicable law. See Arizona Laws 44-7002
- Contract: A legal written agreement that becomes binding when signed.
- Electronic: means relating to technology that has electrical, digital, magnetic, wireless, optical or electromagnetic capabilities or similar capabilities. See Arizona Laws 44-7002
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 44-7002
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 44-7002
- Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial or governmental affairs. See Arizona Laws 44-7002
B. If a consumer law, other than this chapter, requires a paper record or notice of the transaction, the parties to the transaction may request that the record or notice be provided in an electronic format and that record or notice shall comply with this chapter. Even if before completing a consumer transaction by an electronic method that complies with this chapter, a party to the transaction requests that a record or notice of the transaction be delivered in electronic form, that party may subsequently change that preference and request that all future records or notices relating to that transaction be sent in paper form to an appropriate address. Withdrawal of consent does not affect the enforceability of electronic records or notices previously provided or made available to that party in accordance with this chapter.
C. A nonelectronic consumer contract or agreement may not contain a provision that authorizes any transaction or part of any transaction pursuant to that contract or agreement by electronic means unless all of the following apply:
1. The consumer makes a separate and express assent or signing either manually or electronically that specifies that the consumer agrees that certain transactions or parts of transactions will be conducted by electronic means.
2. The contract or agreement indicates which transactions or parts of transactions that may be conducted by electronic means and the manner in which those transactions or parts of transactions shall be conducted.
3. The consumer agrees, as part of the assent, to provide the other party with the consumer’s electronic address that complies with section 44-7015.
4. The consumer agrees, as part of the assent, to notify the other party, either manually or electronically, of any change in the electronic address prescribed in paragraph 3 or the consumer’s withdrawal of consent to electronic transactions.