32-2409. Exemptions
This chapter does not apply to:
1. An officer or employee of the federal government, this state or a political
subdivision of this state, while engaged in the official performance of the officer's or
employee's duties.
2. A person, firm or corporation, or an employee of a person, firm or corporation,
engaged in the business of obtaining and furnishing financial and related personal
information for others, including a consumer reporting agency as defined in the fair
credit reporting act (15 United States Code section 1681a), if the person, firm or
corporation does not engage in other investigative research that is an investigative
consumer report as defined in the fair credit reporting act (15 United States Code
section 1681a) and if the employee is not employed or connected with any private
investigator or private investigator's business.
3. A practicing attorney involved in a case for which the attorney has been
retained or a person employed under an employee-employer relationship with a practicing
attorney, in the employee's performance of duties related to a case for which the
attorney has been retained.
4. A collection agency licensed in this state, or its employee while acting within
the scope of employment, while making an investigation incidental to the business of the
agency, including an investigation of the location of a debtor or the debtor's property
if the contract with an assignor creditor is for the collection of claims owed or due or
asserted to be owed or due or its equivalent.
5. Insurance brokers, adjusters and agents licensed by this state in performing
their duties in connection with insurance transacted by them.
6. The legal owner of personal property that has been sold under a sales agreement
in making investigations relating to the sales agreement.
7. A member of the news media and its employees when engaged in obtaining
information for the purpose of disseminating news to the public.
8. Public service corporations engaged in transmitting messages, furnishing public
telegraph or telephone service or investigating the use or misuse of their equipment and
facilities or the use or misuse of the equipment and facilities of any connecting
telecommunications company.
9. Private process servers who are duly registered and performing their duties
pursuant to the Arizona rules of civil procedure.
10. A person, firm or corporation, or an employee of a person, firm or corporation,
that, for any consideration, observes consumer purchases of products or services in the
public environments of a business establishment for the purpose of evaluating customer
service, operational procedures, cleanliness, product quality and availability if all of
the following apply:
(a) The information is obtained from questionnaires that the business establishment
approves in advance of use.
(b) The obtained information is used for employee training or incentives.
(c) The obtained information is not used for prosecution of an employee.
(d) The business establishment does not use a single evaluation as the only basis
for an employee's termination from employment.
11. A person or entity that is performing duties pursuant to statute and that is
certified or registered by the supreme court.
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