Title 37 - TRADE REGULATION
- Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices
- Section 37-1-10 - Criminal prosecution by state's attorney on violation--Assistance by attorney general.
- Section 37-1-11 - Criminal proceedings instituted by attorney general.
- Section 37-1-11.1 - Demand by attorney general to produce evidence relating to violations--Service--Contents.
- Section 37-1-11.2 - Petition for enforcement of attorney general's demand--Court order--Protectiveprovisions.
- Section 37-1-11.3 - Confidentiality of evidence produced on demand--Waiver.
- Section 37-1-11.4 - Self-incriminating evidence required on promise of immunity.
- Section 37-1-14.1 - Venue of actions for violation.
- Section 37-1-14.2 - Actions on behalf of state for equitable relief and civil penalties--Amount of penalty.
- Section 37-1-14.3 - Action by public or private party for equitable relief or damages--Treble damages.
- Section 37-1-14.4 - Limitation of actions for violations.
- Section 37-1-15 - Certificate of general public importance in equity proceedings--Proceedingsexpedited.
- Section 37-1-16 - General law of injunction applicable.
- Section 37-1-16.1 - Judgment in action by state as prima facie evidence in later actions.
- Section 37-1-17 - Summons of other parties before court.
- Section 37-1-18 - Failure to attend or produce evidence as contempt.
- Section 37-1-19 - Repealed.
- Section 37-1-20 - Remedies cumulative.
- Section 37-1-21 - Repealed.
- Section 37-1-22 - Judicial interpretations of similar statutes as guide.
- Section 37-1-23 - Action by state as parens patriae--Circuit court jurisdiction--Monetary relief.
- Section 37-1-24 - Treble damages and cost of suit as measure of monetary relief.
- Section 37-1-25 - Exclusions in determining amount of monetary relief.
- Section 37-1-26 - Proof of damages--Assessment in aggregate.
- Section 37-1-27 - Notice--Manner of giving.
- Section 37-1-28 - Election by injured person to exclude claim from state action for monetary relief--Notice.
- Section 37-1-29 - Judgment as res judicata.
- Section 37-1-3.1 - Combinations in restraint of trade unlawful--Entities subject to prohibition.
- Section 37-1-3.2 - Monopolies and attempts to monopolize unlawful.
- Section 37-1-3.3 - Monopoly or restraint of trade as felony.
- Section 37-1-3.4 - Labor not an article of commerce--Labor and agricultural organizations permitted.
- Section 37-1-3.5 - Regulated utility services exempt.
- Section 37-1-30 - Dismissal or compromise--Approval of court required--Notice.
- Section 37-1-31 - Distribution of award of monetary relief--Treatment as civil penalty to be depositedin special revenue fund.
- Section 37-1-4 - Discriminating between localities in selling as unfair discrimination.
- Section 37-1-5 - Discriminating between localities in buying as unfair discrimination.
- Section 37-1-6 - Price differential to meet competition in buying permitted.
- Section 37-1-7 - Unlawful discrimination in buying or selling as felony.
- Section 37-1-8 - Fraudulent statements to affect market price as felony.
- Section 37-1-9 - Repealed.
- Sections 37-1-1 to 37-1-3 - Repealed
- Sections 37-1-12 to 37-1-14 - Repealed
- Chapter 02 - Petroleum Products
- Section 37-2-1 - Discrimination between localities in selling price as misdemeanor.
- Section 37-2-10 - Substitution of spurious product for trade name product prohibited.
- Section 37-2-11 - Display of signs and labels for trade name product prohibited if product not sold atlocation.
- Section 37-2-12 - Sale of substandard gasoline or motor fuel prohibited.
- Section 37-2-13 - Antiknock index for gasoline and gasoline blends to be posted.
- Section 37-2-14 - Prohibited contracts void--Action on contract prohibited.
- Section 37-2-15 - Retailer not liable for purchase price of substandard product delivered--Recoveryfrom wholesaler.
- Section 37-2-16 - Violation as misdemeanor.
- Section 37-2-17 - Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier.
- Section 37-2-18 - Acting as agent of another not a defense.
- Section 37-2-19 - Secretary of public safety as ex officio inspector--Trafficking in petroleum productsprohibited.
- Section 37-2-2 - Price differential to meet competition permitted.
- Section 37-2-20 - Reinspection of products--Cancellation of approval or rejection if not in compliance.
- Section 37-2-21 - Powers and duties of secretary of public safety, employees, and law enforcementofficers--Access to premises and records--Information furnished by carrieremployees.
- Section 37-2-22 - Collection and analysis of samples--Publication of results.
- Section 37-2-23 - Repealed.
- Section 37-2-24 - Administrative expenses paid from tax and license collections--Allocations fromcollections.
- Section 37-2-25 - Sale of certain petroleum products on other than gross volume basis unlawful.
- Section 37-2-26 - Substantially disabled may buy attendant-dispensed gasoline at self-service price.
- Section 37-2-29 - Listing different motor fuel prices for cash or credit--Violation as misdemeanor.
- Section 37-2-3 - Difference in selling prices as prima facie evidence of violation.
- Section 37-2-30 - Labeling of any gasoline containing oxygenate.
- Section 37-2-31 - Declaration of oxygenate for labeling purposes.
- Section 37-2-32 - Repealed.
- Section 37-2-33 - Sale of products containing or treated with ether prohibited--Exception--Construction.
- Section 37-2-34 - Definition of terms.
- Section 37-2-35 - Certain contract restrictions on the sale of renewable motor fuels prohibited.
- Section 37-2-36 - Reasonable indemnification and insurance policies permitted.
- Section 37-2-37 - Franchisee may not be prevented from selling renewable fuel in lieu of one grade ofgasoline.
- Section 37-2-4 - Remedies cumulative.
- Section 37-2-5 - Definition of terms.
- Section 37-2-6 - Rules--Conformity to ASTM and NIST standards.
- Section 37-2-7 - Examination and testing specifications and methods--Procedure for adoption.
- Section 37-2-8 - Analyses by director of qualified laboratory--Test methods.
- Section 37-2-9 - Thorough analysis not required--Rejection of product on finding of impurity orimperfection.
- Sections 37-2-27, 37-2-28 - Repealed
- Chapter 02A - Antifreeze [Repealed]
- Chapter 03 - Dairy Industry Marketing Practices [Repealed]
- Chapter 04 - Public Commodity Exchanges
- Section 37-4-1 - Exchanges subject to chapter--Small-volume exchanges exempt.
- Section 37-4-2 - Open membership required of exchanges--Cooperatives included.
- Section 37-4-3 - Members to comply with rules, regulations, and bylaws--Fees and assessments.
- Section 37-4-4 - Exchange rules controlling distribution of member profits deemed unreasonable.
- Chapter 04A - Agricultural Contracts
- Chapter 05 - Franchises Of Dealers In Vehicles, Implements And Equipment
- Section 37-5-1 - Coercion of dealer to force unwanted purchases as misdemeanor.
- Section 37-5-1.1 - Omitted.
- Section 37-5-10 - Current unused complete farm implements, machinery or attachments defined.
- Section 37-5-11 - Limiting venue to out-of-state forum, or requiring application of foreign law,prohibited.
- Section 37-5-12 - Waiver of law void.
- Section 37-5-12.1 - Dealer defined.
- Section 37-5-12.2 - Merchandise defined.
- Section 37-5-12.3 - Contract defined.
- Section 37-5-12.4 - Merchandise manufacturer or supplier compensation of dealer for diagnostic andwarranty work.
- Section 37-5-13 - Definition of terms.
- Section 37-5-14 - Certain circumstances not cause for termination of dealership contract or enteringinto new dealership contract.
- Section 37-5-15 - Certain terms or conditions in dealership contract or lease prohibited--Not applicableto lease or sale of real property.
- Section 37-5-16 - Definitions.
- Section 37-5-17 - Manufacturer of outdoor power equipment required to compensate retailer forwarranty work--Amount of compensation.
- Section 37-5-2 - Coercion of dealer to control sales or force expenditures as misdemeanor.
- Section 37-5-3 - Unfair cancellation of dealer franchise as misdemeanor.
- Section 37-5-4 - Civil liability for damages from violation.
- Section 37-5-5 - Cancellation of contract--Recovery of costs and charges by dealer--Transfer of titleand possession.
- Section 37-5-5.5 - Reimbursement for computer and signage costs incurred under requirements ofwholesaler, manufacturer or distributor.
- Section 37-5-6 - Contracts subject to dealer's right to recovery of costs and charges on cancellation.
- Section 37-5-7 - Determination of prices to be paid to dealer on cancellation of contract.
- Section 37-5-7.1 - Time for payment of costs and charges to dealer--Final statement of account.
- Section 37-5-8 - Failure to pay dealer on cancellation of contract--Action by dealer--Applicability ofsection.
- Section 37-5-9 - Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise ofrights by heirs.
- Chapter 05A - Franchises For Brand-Name Goods And Services [Repealed]
- Chapter 05B - Franchise Investment
- Section 37-5B-1 - Definitions.
- Section 37-5B-10 - Negotiation of terms.
- Section 37-5B-11 - Signed receipt.
- Section 37-5B-12 - Exemptions from chapter.
- Section 37-5B-13 - Exemptions from notice filing and obligations to deliver disclosure document.
- Section 37-5B-14 - Exemptions from notice filing.
- Section 37-5B-15 - Exemptions by director.
- Section 37-5B-16 - Thresholds.
- Section 37-5B-17 - Delivery of disclosure document.
- Section 37-5B-18 - Time of delivery of disclosure document.
- Section 37-5B-19 - Books and records.
- Section 37-5B-2 - Jurisdiction.
- Section 37-5B-20 - Burden of proof.
- Section 37-5B-21 - Arbitration.
- Section 37-5B-22 - Consent to service of process.
- Section 37-5B-23 - Advertisement.
- Section 37-5B-24 - Fraud--Class 4 felony.
- Section 37-5B-25 - Fraud--Class 6 felony.
- Section 37-5B-26 - Prohibited practices.
- Section 37-5B-27 - Director approval not permitted.
- Section 37-5B-28 - Administration.
- Section 37-5B-29 - Promulgation of rules.
- Section 37-5B-3 - Offer or sale not made in state.
- Section 37-5B-30 - Opinions.
- Section 37-5B-31 - Filed documents.
- Section 37-5B-32 - Records of filings and orders.
- Section 37-5B-33 - Public and nonpublic records.
- Section 37-5B-34 - Copies of notice filings and orders.
- Section 37-5B-35 - Investigations.
- Section 37-5B-36 - Request for information.
- Section 37-5B-37 - Subpoena powers.
- Section 37-5B-38 - Immunity.
- Section 37-5B-39 - Unauthorized use of information--Misdemeanor.
- Section 37-5B-4 - Notice filing required.
- Section 37-5B-40 - Cooperation with other agencies.
- Section 37-5B-41 - Cease and desist orders.
- Section 37-5B-42 - Order to show cause.
- Section 37-5B-43 - Civil penalty.
- Section 37-5B-44 - Order or request for hearing.
- Section 37-5B-45 - Effect of order without hearing.
- Section 37-5B-46 - Affirmance, modification, or vacation of order.
- Section 37-5B-49 - Civil damages or rescission.
- Section 37-5B-5 - Notice filing provisions.
- Section 37-5B-50 - Limitation of actions.
- Section 37-5B-51 - Pending actions and actions based on prior conduct.
- Section 37-5B-52 - Prior registrations and rulings.
- Section 37-5B-6 - Amendments.
- Section 37-5B-7 - Updating disclosure documents.
- Section 37-5B-8 - Start-up financial statements.
- Section 37-5B-9 - Phase-in of financial statements.
- Sections 37-5B-47, 37-5B-48 - Civil action by attorney general. Injunctive relief
- Chapter 06 - Trademark And Service Mark Protection
- Section 37-6-1 - Definition of terms used in counterfeiting provisions.
- Section 37-6-10 - Deceptive and merely descriptive marks not registrable--Marks made distinctive byprevious use.
- Section 37-6-11 - Mark similar to previously used marks not registrable.
- Section 37-6-12 - Classification of goods and services for mark registration--Registration limited tosingle class.
- Section 37-6-13 - Certificate of registration issued by secretary of state--Contents.
- Section 37-6-14 - Term of registration--Renewal.
- Section 37-6-15 - Omitted.
- Section 37-6-16 - Civil liability for damages from fraudulent mark registration.
- Section 37-6-17 - Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.
- Section 37-6-18 - Cancellation of registration on request or due to error or fraud.
- Section 37-6-19 - Cancellation of registration on court findings.
- Section 37-6-2 - Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale ofgoods under counterfeit mark.
- Section 37-6-20 - Cancellation of registration on court order.
- Section 37-6-21 - Cancellation of registrations not renewed.
- Section 37-6-22 - Public record of registered marks.
- Section 37-6-23 - Omitted.
- Section 37-6-24 - Proceedings to enjoin counterfeits or imitations of registered mark--Circuit courtjurisdiction--Damages--Destruction of counterfeits or imitations.
- Section 37-6-25 - Civil action against person using counterfeit or imitation of registered mark.
- Section 37-6-26 - Civil action against person counterfeiting or imitating registered mark--Knowledgerequired to recover profits or damages.
- Section 37-6-27 - Common-law rights in marks preserved.
- Section 37-6-28 - Recording of container markings by register of deeds--Unlawful use of containercovered by recording as petty offense.
- Section 37-6-29 - Use or possession of marked and registered container prima facie unlawful--Searchwarrant.
- Section 37-6-3 - Imitation of trade-mark as misdemeanor--Civil penalty.
- Section 37-6-30 - Obliteration of registered container mark as misdemeanor.
- Section 37-6-31 - Nonresidents entitled to protection of containers.
- Section 37-6-4 - Definition of terms used in mark registration law.
- Section 37-6-5 - Application to secretary of state for registration of mark--Contents and signature ofapplication--Facsimile--Filing fee.
- Section 37-6-5.1 - Superseded.
- Section 37-6-6 - Mark containing immoral, deceptive or scandalous matter not registrable.
- Section 37-6-7 - Mark disparaging or suggesting connection with persons, institutions, beliefs ornational symbols not registrable.
- Section 37-6-8 - Mark using or simulating flags or governmental insignia not registrable.
- Section 37-6-9 - Mark identified with living persons not registrable except by consent.
- Chapter 07 - Labeling Of Indian Products
- Chapter 08 - Convict-Made Goods [Repealed]
- Chapter 09 - Fair-Trade Law [Repealed]
- Chapter 10 - Unfair Cigarette Sales
- Section 37-10-1 - Definition of terms.
- Section 37-10-10 - Presumption as to cost of doing business by wholesaler--Cartage costs.
- Section 37-10-11 - Purchases outside ordinary trade channels not considered in determining costs.
- Section 37-10-12 - Cost survey as evidence of cost to retailer or wholesaler.
- Section 37-10-13 - Tie-in sale at less than value of other goods deemed rebate or concession.
- Section 37-10-14 - Application of minimum price provisions to combination sales, rebates andconcessions.
- Section 37-10-15 - Promotional merchandise not considered in determining cost.
- Section 37-10-16 - Price reductions permitted to meet competition--Sales not in ordinary trade channelsnot considered.
- Section 37-10-17 - Cost survey price considered competitive price.
- Section 37-10-18 - Isolated transactions exempt from chapter.
- Section 37-10-19 - Damaged merchandise sales exempt from chapter--Notice to customer.
- Section 37-10-2 - Sale at less than cost to prevent competition unlawful--Rebates and concessions notapplicable to other merchandise.
- Section 37-10-20 - Clearance sales exempt from chapter--Notice to customer.
- Section 37-10-21 - Liquidation sales exempt from chapter.
- Section 37-10-22 - Sales by officer acting under court order exempt from chapter.
- Section 37-10-23 - Sale at less than cost or offer of rebate as evidence of intent to prevent competition.
- Section 37-10-24 - Evidence of fictitious price or concealment of cost bearing on good faith--Evidenceof trade usages.
- Section 37-10-25 - Contracts in violation void--Recovery prohibited.
- Section 37-10-26 - Promulgation of rules--Cost survey.
- Section 37-10-27 - Duty to enforce chapter--Employment of personnel.
- Section 37-10-28 - Powers vested in secretary available for enforcement of chapter.
- Section 37-10-29 - Suspension or revocation of license under cigarette tax law.
- Section 37-10-3 - Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession.
- Section 37-10-30 - Disciplinary proceedings not abated by expiration or renewal of license.
- Section 37-10-31 - Procedure for suspension or revocation of license.
- Section 37-10-32 - Periods of suspension of license--Revocation for persistent violations.
- Section 37-10-33 - Appeal to courts from secretary of revenue and regulation.
- Section 37-10-34 - Sales prohibited during suspension or revocation of license.
- Section 37-10-35 - Reinstatement of revoked license.
- Section 37-10-36 - Injunction proceedings to prevent violations of chapter.
- Section 37-10-37 - Damages recovered in injunction proceeding.
- Section 37-10-38 - Action for damages without injunction.
- Section 37-10-39 - Severability of provisions--Severability from other laws.
- Section 37-10-4 - Sales between wholesalers permitted at less than cost--Basic cost to be charged.
- Section 37-10-5 - Computation of cost to retailer--Expenses included.
- Section 37-10-6 - Presumption as to cost of doing business by retailer.
- Section 37-10-7 - Wholesaler's costs added when retailer purchases from manufacturer.
- Section 37-10-8 - Presumption as to cost of doing business by retailer purchasing from manufacturer.
- Section 37-10-9 - Computation of cost to wholesaler--Expenses included.
- Chapter 10A - Unfair Alcoholic Beverages Sales
- Chapter 11 - Registration Of Business Names
- Section 37-11-1 - Filing of fictitious name statement required--Exceptions--Violation as misdemeanor.
- Section 37-11-2 - Statement filed on change in ownership of business--Fee.
- Section 37-11-2.1 - Repealed.
- Section 37-11-3 - Information recorded by secretary of state and register of deeds.
- Section 37-11-4 - Liability for business debts of persons shown as interested in business.
- Section 37-11-5 - Filing of statement required before bringing action for business debt--Refusal ofperson interested to verify statement.
- Section 37-11-6 - Repealed.
- Chapter 11A - Registration Of Management Consultants [Repealed]
- Chapter 12 - Transient Merchants [Repealed]
- Chapter 13 - Peddlers And Solicitors [Repealed]
- Chapter 14 - Auction Sales
- Section 37-14-1 - Repealed.
- Section 37-14-18 - Deposit of auction receipts into separate auction proceeds account.
- Section 37-14-19 - Transfer of auction receipts to client--Time limit.
- Section 37-14-2 - "New Merchandise" and "auction sale" defined.
- Section 37-14-20 - Application of deposit and transfer requirements.
- Section 37-14-3 - Repealed.
- Section 37-14-4 - Farm sales, judicial sales and closing out sales exempt.
- Section 37-14-5 - Requirements of chapter.
- Sections 37-14-6 to 37-14-17 - Repealed
- Chapter 15 - Purchases Of Precious Metals [Repealed]
- Chapter 16 - Pawnbrokers
- Section 37-16-1 - Charging excessive interest as misdemeanor.
- Section 37-16-2 - Sale of pledge during time for redemption as misdemeanor.
- Section 37-16-3 - Conduct of business without municipal license as misdemeanor.
- Section 37-16-4 - Refusal to disclose purchaser and price of article sold as misdemeanor.
- Chapter 17 - Sale Of Serially Numbered Appliances And Equipment
- Chapter 18 - Binder Twine Labeling [Repealed]
- Chapter 19 - Trading Stamps
- Section 37-19-1 - License required to engage in business.
- Section 37-19-10 - Disposition of fees collected.
- Section 37-19-11 - Violation as misdemeanor.
- Section 37-19-2 - Application for trading stamp license--Contents.
- Section 37-19-3 - Fee for license--Expiration and renewal.
- Section 37-19-4 - Surety bond required of licensee.
- Section 37-19-5 - Retailer covered by license issued to issuing firm.
- Section 37-19-6 - Cash value stated on face of stamps--Minimum redemption value--Place ofredemption.
- Section 37-19-7 - Exemption from cash redemption provisions.
- Section 37-19-8 - Notice to department of intention to discontinue redemption--Direction to set asideredemption funds.
- Section 37-19-9 - Bond required on notice of intention to discontinue redemption.
- Chapter 20 - Standard Weights And Measures
- Section 37-20-1 - Federally supplied weights and measures adopted as state standards.
- Section 37-20-2 - Preservation and safeguarding of state standards--Record of standards--Use to testduplicate standards.
- Section 37-20-3 - Reference standards, working standards, and field standards to be supplied bydivision.
- Section 37-20-31 - Marking false weight on container as misdemeanor.
- Section 37-20-32 - Placing foreign substance in package to increase weight as misdemeanor.
- Section 37-20-33 - Metric measures not prohibited.
- Section 37-20-4 - Verification and sealing of working standards and field standards.
- Section 37-20-5 - Working standards used to test weighing and measuring devices.
- Sections 37-20-6 to 37-20-30 - Repealed
- Chapter 21 - Enforcement Of Weights And Measures Standards
- Section 37-21-1 - General supervision by Division of Commercial Inspection and Licensing.
- Section 37-21-1.1 - Division of Commercial Inspection and Licensing to administer chapters.
- Section 37-21-10 - Inspection and testing on complaint to director.
- Section 37-21-11 - Repealed.
- Section 37-21-12 - Impersonation of secretary or inspector as misdemeanor.
- Section 37-21-13 - Sealing and marking of weights, measures and devices found correct.
- Section 37-21-14 - Seizure and destruction of incorrect weights, measures and devices--Tagging forrepairs--Confiscation on failure to repair.
- Section 37-21-15 - Inspection of packages offered for sale.
- Section 37-21-16 - Access to premises and stopping of vendors or dealers for testing purposes.
- Section 37-21-17 - Repealed.
- Section 37-21-18 - Prohibited acts--Misdemeanor.
- Section 37-21-19 - Repealed.
- Section 37-21-2 - Secretary as inspector and sealer--Enforcement of standards--Powers and duties ofdivision personnel.
- Section 37-21-20 - Repealed.
- Section 37-21-21 - Assistance of law enforcement in prosecution of violations.
- Section 37-21-22 - Repealed.
- Section 37-21-3 - Repealed.
- Section 37-21-4 - Repealed.
- Section 37-21-5 - Regulations for enforcement of standards.
- Section 37-21-6 - Specifications and tolerances included in regulations--Purpose--Conformity withnational code.
- Section 37-21-7 - Conforming weights, measures, and devices deemed correct.
- Section 37-21-8 - Repealed.
- Section 37-21-9 - Inspection and testing of weights, measures and devices by director.
- Section 37-21-9.1 - Inspection and testing fees chargeable by division.
- Chapter 21A - Service Agencies For Weighing And Measuring Devices
- Section 37-21A-1 - Definition of terms.
- Section 37-21A-10 - Interstate agreements for reciprocal recognition of certification.
- Section 37-21A-2 - Application for registration as serviceman or agency--Evidence of qualifications.
- Section 37-21A-3 - Annual registration fees--Time of payment.
- Section 37-21A-4 - Issuance of certificate of registration--Assigned number--Duration of certificate.
- Section 37-21A-5 - Registrant's removal of tags and placement of devices in service before officialexamination.
- Section 37-21A-6 - Forms for reporting devices placed in service by agency--Distribution of copies ofreport.
- Section 37-21A-7 - Examination and certification of standards and equipment used by service agencies--Use of uncertified equipment prohibited--Fees.
- Section 37-21A-8 - Suspension or revocation of certificate of registration.
- Section 37-21A-9 - Repealed.
- Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards
- Section 37-22-1 - Scales under supervision of Division of Commercial Inspection and Licensing.
- Section 37-22-1.1 - Heavy scales division abolished--Performance of functions.
- Section 37-22-10 - Inspection and testing fees chargeable by division.
- Section 37-22-11 - Repealed.
- Section 37-22-12 - Hourly charges for requested testing outside regular route.
- Section 37-22-13 - Tagging of inaccurate scales--Removal of tag as misdemeanor--Repair, retesting, anduse of scales.
- Section 37-22-14 - Repealed.
- Section 37-22-15 - Repealed.
- Section 37-22-16 - Disposition of funds received by division.
- Section 37-22-17 - Prohibited acts--Misdemeanor.
- Section 37-22-2 - Repealed.
- Section 37-22-3 - Rules for installation, inspection, testing, and correction of scales.
- Section 37-22-4 - Division jurisdiction exclusive.
- Section 37-22-5 - Appointment of inspectors by division.
- Section 37-22-6 - Repealed.
- Section 37-22-7 - Facilities and equipment of division.
- Section 37-22-8 - Repealed.
- Section 37-22-9 - Entry of premises and testing of scales by division.
- Chapter 22A - Vehicle Scales
- Chapter 23 - Consumer Affairs
- Chapter 24 - Deceptive Trade Practices And Consumer Protection
- Section 37-24-1 - Definition of terms.
- Section 37-24-10 - Lawful practices unaffected by chapter.
- Section 37-24-11 - Advertising media exempt without knowledge of unlawfulness.
- Section 37-24-12 - Attorney general's investigative demand for report on suspect practices.
- Section 37-24-13 - Modification or setting aside of director's investigative demand.
- Section 37-24-14 - Subpoena powers of attorney general--Hearings--Forms--Rules and regulations.
- Section 37-24-15 - Self-incriminating evidence required on promise of immunity.
- Section 37-24-16 - Service of notice, demand, or subpoena.
- Section 37-24-17 - Judicial enforcement of notice, demand or subpoena.
- Section 37-24-18 - Information disclosed only as necessary for enforcement.
- Section 37-24-19 - Acceptance of assurance of voluntary compliance authorized.
- Section 37-24-2 - Unordered merchandise as gift--Right to refuse--Exceptions.
- Section 37-24-20 - Form and contents of assurance of voluntary compliance--Approval by circuit court.
- Section 37-24-21 - Assurance not admission--Failure to comply prima facie evidence of violation.
- Section 37-24-22 - Reopening of matters closed by acceptance of assurance.
- Section 37-24-23 - Attorney general's action for injunction--Notice.
- Section 37-24-24 - State's attorneys to assist--Action by state's attorney.
- Section 37-24-25 - Venue of actions for injunction--Relief granted.
- Section 37-24-26 - Civil penalty for violation of injunction.
- Section 37-24-27 - Civil penalty for intentional violations recovered in action for injunction.
- Section 37-24-28 - Jurisdiction retained by court issuing injunction.
- Section 37-24-29 - Additional judicial relief from unlawful practices--Appointment of receiver.
- Section 37-24-30 - Powers of receiver.
- Section 37-24-31 - Action for damages brought by person adversely affected.
- Section 37-24-32 - Other private remedies unaffected.
- Section 37-24-33 - Limitation of actions.
- Section 37-24-34 - Chapter not retroactive.
- Section 37-24-35 - Severability of provisions.
- Section 37-24-43 - Internet access service provider policy restricting e-mail permitted.
- Section 37-24-44 - Collection of e-mail addresses to initiate unsolicited commercial e-mailadvertisements prohibited.
- Section 37-24-45 - Obtaining e-mail addresses by automated means to initiate unsolicited commerciale-mail advertisements prohibited.
- Section 37-24-46 - Use of automated means to register multiple e-mail accounts from which to initiateunsolicited commercial e-mail advertisements prohibited.
- Section 37-24-47 - Prohibited commercial e-mail advertisements.
- Section 37-24-5.1 - "Door to door sale" defined.
- Section 37-24-5.2 - Transactions not considered door to door sales.
- Section 37-24-5.3 - Door to door seller's failure to inform buyer of right to cancel.
- Section 37-24-5.4 - Cancellation notice form to be furnished and filled in by door to door seller.
- Section 37-24-5.5 - Deceptive to include confession of judgment or waiver of rights in door to door sale.
- Section 37-24-5.6 - Deceptive to fail to honor notice of cancellation of door to door sale--Notice of intentto repossess or abandon delivered goods.
- Section 37-24-5.7 - Criteria for compliance of door to door sales with notice requirements.
- Section 37-24-6 - Deceptive acts or practices--Each act as Class 2 misdemeanor--Subsequent acts.
- Section 37-24-6.1 - Electronic cash registers required to display transactions and issue receipts--Violationas petty offense.
- Section 37-24-6.2 - Advertisement at regular price not prohibited.
- Section 37-24-7 - Other remedies unimpaired by definition of deceptive practices--Actions underchapter restricted.
- Section 37-24-8 - Prima facie knowledge of deceptive practice--Civil relief unaffected.
- Section 37-24-9 - Repealed.
- Sections 37-24-3 to 37-24-5 - Repealed
- Sections 37-24-36 to 37-24-40 - Repealed
- Sections 37-24-41, 37-24-42 - Definitions. Unsolicited commercial e-mail advertisements restricted
- Chapter 25 - Multi-Level Distribution Plans [Repealed]
- Chapter 25A - Business Opportunities
- Section 37-25A-1 - Definitions.
- Section 37-25A-10 - Fee for registration.
- Section 37-25A-11 - Effective date of registration.
- Section 37-25A-12 - Term of registration--Renewal statement and fee--Sales report.
- Section 37-25A-13 - Rule requiring filing of advertising and literature authorized.
- Section 37-25A-14 - Delivery of written disclosure document to purchaser required.
- Section 37-25A-15 - Form and content of disclosure statement.
- Section 37-25A-16 - Business opportunity contract to be written--Copy to purchaser.
- Section 37-25A-17 - Required contract provisions.
- Section 37-25A-18 - Denial, revocation, or suspension of registration--Grounds.
- Section 37-25A-19 - Limitation of revocation, suspension, or denial proceeding.
- Section 37-25A-2 - Exclusions from definition of business opportunity.
- Section 37-25A-20 - Summary suspension or postponement of effectiveness of registration--Notice--Hearing--Modification.
- Section 37-25A-21 - Prerequisites to entry of stop order.
- Section 37-25A-22 - Vacation or modification of orders--Grounds.
- Section 37-25A-23 - Net worth or bond requirements for use of income, refund, or repurchaserepresentations.
- Section 37-25A-24 - Period bond required--Notice required prior to lapse.
- Section 37-25A-25 - Use or disclosure of information by director restricted.
- Section 37-25A-26 - Investigatory powers of director--Publication of information concerning violations.
- Section 37-25A-27 - Administration of oaths--Subpoena power--Taking evidence.
- Section 37-25A-28 - Enforcement of subpoena.
- Section 37-25A-29 - Privilege against self-incrimination not excusing witness--Prosecution of witnessrestricted.
- Section 37-25A-3 - Exemptions.
- Section 37-25A-30 - Cease and desist orders--Injunction actions--Reference of evidence for prosecution.
- Section 37-25A-31 - Appeal of director's order.
- Section 37-25A-32 - Promulgation of rules and forms.
- Section 37-25A-33 - Findings required for adoption or change of rules--Cooperation with otherjurisdictions.
- Section 37-25A-34 - Liability not imposed on acts conforming to rule, form or order.
- Section 37-25A-35 - Receipt by director as filing--Records maintained--Public inspection.
- Section 37-25A-36 - Interpretive opinions by director--Fee.
- Section 37-25A-37 - Sales and offers subject to chapter.
- Section 37-25A-38 - Offers to sell made in this state.
- Section 37-25A-39 - Offers to sell accepted in this state.
- Section 37-25A-4 - Revocation or denial of exemption--Procedure.
- Section 37-25A-40 - Offers to sell not made in this state.
- Section 37-25A-43 - Fraud, deceit, and misleading statements and omissions prohibited in connection withoffer or sale.
- Section 37-25A-44 - False or misleading statements or omissions in proceedings or filings prohibited.
- Section 37-25A-45 - Filing and registration not constituting finding of truthfulness or approval--Contraryrepresentations prohibited.
- Section 37-25A-46 - Advertising with misleading statements or omissions prohibited.
- Section 37-25A-47 - Violations as felonies--Separate offenses.
- Section 37-25A-48 - Civil liability for registration violations.
- Section 37-25A-49 - Civil liability for representation violations.
- Section 37-25A-5 - Revocation or denial of exemption without hearing pending final determination--Notice--Request for hearing.
- Section 37-25A-50 - Action on bond.
- Section 37-25A-51 - Liability of person aiding or controlling violator.
- Section 37-25A-52 - Limitation of actions to enforce civil liability.
- Section 37-25A-53 - Rights and remedies under chapter additional.
- Section 37-25A-54 - Waiver of rights void.
- Section 37-25A-6 - Offer or sale without knowledge of order revoking or denying exemption.
- Section 37-25A-7 - Offer or sale of opportunity not registered or exempt prohibited.
- Section 37-25A-8 - Filings required to register opportunity.
- Section 37-25A-9 - Appointment of director as agent for service of process--Procedure for servicethrough director.
- Sections 37-25A-41, 37-25A-42 - Conduct constituting appointment of director as attorney for service of process. Continuances where process served under chapter
- Chapter 26 - Buying Clubs
- Section 37-26-1 - Definition of terms.
- Section 37-26-10 - Civil action for damages from violation of chapter--Equitable relief.
- Section 37-26-2 - Fraudulent offer or sale of membership as felony.
- Section 37-26-3 - Bond required of buying club--Amount.
- Section 37-26-4 - Loss covered by bond--Filing and approval of bond--Action on bond.
- Section 37-26-5 - Liability of surety limited to amount of bond.
- Section 37-26-6 - Exemption from bond requirements of clubs not receiving prepayment--Declarationfiled.
- Section 37-26-7 - Violation of chapter as felony.
- Section 37-26-8 - Punishment under other criminal laws not prevented by chapter.
- Section 37-26-9 - Consumer protection avoidance period provisions applied.
- Chapter 27 - Charitable And Professional Solicitation Of Contributions [Repealed]
- Chapter 28 - Foreign Trade Zones
- Chapter 29 - Uniform Trade Secrets Act
- Section 37-29-1 - Definitions.
- Section 37-29-10 - Reserved.
- Section 37-29-2 - Injunctive relief.
- Section 37-29-3 - Damages.
- Section 37-29-4 - Attorney's fees.
- Section 37-29-5 - Preservation of secrecy.
- Section 37-29-6 - Statute of limitations.
- Section 37-29-7 - Effect on other law.
- Section 37-29-8 - Uniformity of application and construction.
- Section 37-29-9 - Short title.
- Chapter 30 - Telephone Solicitation
- Section 37-30-1 - Definition of terms.
- Section 37-30-10 - Employee of paid solicitor--Requirements.
- Section 37-30-11 - Solicitor required to file financial report--Time period--Form and contents--Failureto file reports as misdemeanor.
- Section 37-30-12 - Solicitor required to maintain records--Time periods--Contents of records--Failureto keep records as misdemeanor.
- Section 37-30-13 - Where solicitor sells tickets to an event--Record keeping requirements--Contents ofrecords--Failure to comply as misdemeanor.
- Section 37-30-14 - All funds to be deposited in bank account--Charitable organization to have sole orjoint control--Failure to comply as misdemeanor.
- Section 37-30-15 - Solicitor required to make written report as to material changes in filed information--Time requirements--Failure to comply as misdemeanor.
- Section 37-30-16 - Prior conviction of felony or certain misdemeanors precludes operation as solicitor.
- Section 37-30-17 - Misdemeanors involving knowing misrepresentations and false, misleading orunauthorized solicitation practices--Use of unregistered paid solicitor asmisdemeanor.
- Section 37-30-18 - Attorney general may investigate complaint--Investigatory powers.
- Section 37-30-19 - Power of attorney general to compel testimony--Use of such testimony in criminalproceedings prohibited--Exceptions.
- Section 37-30-2 - Sale of items associated with charity as solicitation--Includes offer or attempt to sell.
- Section 37-30-20 - Power of attorney general to deny, suspend or revoke registration of paid solicitor.
- Section 37-30-21 - Power of attorney general to bring action for injunction--Restraint of violations.
- Section 37-30-22 - Documents required to be filed--Status as public records--Exceptions.
- Section 37-30-23 - "Automatic telephone dialing system" defined.
- Section 37-30-24 - "Telephone solicitation" defined.
- Section 37-30-25 - Registration as to intended use of automatic telephone dialing system--Failure tocomply as misdemeanor.
- Section 37-30-26 - Required contents of message--Failure to comply as misdemeanor.
- Section 37-30-27 - Forbidden uses of automatic telephone dialing system--Failure to comply asmisdemeanor.
- Section 37-30-28 - Permissible hours as to use of automated telephone dialing system--Disconnectionrequirements--Failure to comply as misdemeanor.
- Section 37-30-3 - Solicitor to register with attorney general--Registration periods--Information to beprovided by solicitor--Failure to register as misdemeanor.
- Section 37-30-4 - Attorney general's approval of application required prior to solicitation--Period forreview--Basis for denial of registration.
- Section 37-30-5 - Applicant must file bond--Requirements as to bond--Failure to provide bond asmisdemeanor.
- Section 37-30-6 - Solicitation notice--Form and contents--Failure to comply as misdemeanor.
- Section 37-30-7 - Contract between solicitor and charitable organization--Requirements--Failure tocomply as misdemeanor.
- Section 37-30-8 - Solicitor required to have written consent before permitted to use name of charitableorganization--Failure to comply as misdemeanor.
- Section 37-30-9 - Solicitor required to have written commitment where charitable organization agreesto accept donated tickets to an event--Failure to comply as misdemeanor.
- Chapter 30A - Telemarketing
- Section 37-30A-1 - Definition of terms.
- Section 37-30A-10 - Additional excluded transactions.
- Section 37-30A-11 - Return of goods within refund period--Duties of telemarketer who has receivednotice to cancel from consumer.
- Section 37-30A-12 - Location of sale.
- Section 37-30A-13 - Willful violation.
- Section 37-30A-14 - Civil action permitted for willful violation.
- Section 37-30A-15 - Other actions not affected.
- Section 37-30A-16 - Violation as misdemeanor.
- Section 37-30A-2 - Required disclosures.
- Section 37-30A-3 - Unreasonable solicitor practices.
- Section 37-30A-4 - Written confirmation of verbal agreement required.
- Section 37-30A-5 - Contents of written confirmation.
- Section 37-30A-6 - Terms of liability for goods or services.
- Section 37-30A-7 - Right of cancellation for consumer.
- Section 37-30A-8 - Excluded transactions.
- Section 37-30A-9 - Repealed.
- Chapter 31 - Assistive Devices
- Section 37-31-1 - Definition of terms.
- Section 37-31-2 - Manufacturer's warranty--Duration.
- Section 37-31-3 - Repair of nonconforming devices--Reimbursement by manufacturer--Failure torepair.
- Section 37-31-4 - Return of nonconforming device for replacement or refund.
- Section 37-31-5 - Refund for leased nonconforming assistive device--Transfer of possession of device.
- Section 37-31-6 - No enforcement of lease following refund to consumer.
- Section 37-31-7 - Other rights and remedies of consumer--Action for damages--Award.
- Section 37-31-8 - Restrictions on resale or lease of returned devices.
- Chapter 32 - Sweepstake Prizes
- Section 37-32-1 - Definition of terms.
- Section 37-32-10 - Prize unavailable.
- Section 37-32-11 - Temporary or permanent injunction for violation.
- Section 37-32-12 - Civil penalties for violation of injunction.
- Section 37-32-13 - Civil penalties for intentional violation.
- Section 37-32-14 - Civil action by individual.
- Section 37-32-15 - Venue of action.
- Section 37-32-16 - Conflict with other actions.
- Section 37-32-17 - Violation is Class 1 misdemeanor.
- Section 37-32-2 - Payment not allowed as requirement to receive written prize notice.
- Section 37-32-3 - Written prize notice--Contents.
- Section 37-32-4 - Retail value and statement of odds.
- Section 37-32-5 - Statement of shipping and handling fees.
- Section 37-32-6 - Location and size of information in notice.
- Section 37-32-7 - Name of sponsor on notice.
- Section 37-32-8 - Limitations on solicitor or sponsor.
- Section 37-32-9 - Sales presentations.
- Chapter 33 - Pyramid Promotional Schemes
- Section 37-33-1 - "Promote" defined.
- Section 37-33-10 - Civil proceedings by attorney general--Entry of orders--Injunctions--Hearings--Penalties--Payment of costs.
- Section 37-33-2 - "Appropriate inventory repurchase program" defined--"Inventory" defined--"Commercially reasonable" defined--"Current and marketable" defined.
- Section 37-33-3 - "Pyramid promotional scheme" defined.
- Section 37-33-4 - "Compensation" defined.
- Section 37-33-5 - "Consideration" defined.
- Section 37-33-6 - "Inventory loading" defined.
- Section 37-33-7 - Pyramid promotional schemes prohibited--Operation of scheme a felony--Participation in scheme a misdemeanor.
- Section 37-33-8 - Certain plans not defined as pyramid promotional schemes.
- Section 37-33-9 - Attorney general may proceed against pyramid promotional schemes.
- Chapter 34 - Debt Adjusting