REFERENCE TITLE: price tags; unfair pricing; penalties State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2940 Introduced by Representative Aguilar 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)
REFERENCE TITLE: price tags; unfair pricing; penalties
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2940
Introduced by Representative Aguilar
REFERENCE TITLE: price tags; unfair pricing; penalties
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2940
Introduced by
Representative Aguilar
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; state of emergency; digital shelf label prohibition; civil penalty; definitions A. A person that advertises, displays or offers a price for goods or services in this state shall: 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. If the governor declares a state of emergency pursuant to title 26, chapter 2, the current price of goods or services may not increase more than ten percent immediately before the governor declared a state of emergency. C. A business in this state may not use digital shelf labels. D. 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 civil penalty not to exceed $5,000. E. For the purposes of this section: 1. "Digital shelf label": (a) Means a form of digital wireless display technology that has the capability to display the label and to change the price remotely. (b) Includes digital price tags or any other similar technology. 2. "mandatory fees or charges": (a) Includes a fee or surcharge to which any of the following applies: (i) THat must be paid to purchase the advertised goods or services. (ii) That is not reasonably avoidable. (iii) For any goods or services that a reasonable consumer would expect to be included with the purchase of the advertised goods or services. (b) Does not include taxes imposed by the government. END_STATUTE
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; state of emergency; digital shelf label prohibition; civil penalty; definitions
A. A person that advertises, displays or offers a price for goods or services in this state shall:
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. If the governor declares a state of emergency pursuant to title 26, chapter 2, the current price of goods or services may not increase more than ten percent immediately before the governor declared a state of emergency.
C. A business in this state may not use digital shelf labels.
D. 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 civil penalty not to exceed $5,000.
E. For the purposes of this section:
1. "Digital shelf label":
(a) Means a form of digital wireless display technology that has the capability to display the label and to change the price remotely.
(b) Includes digital price tags or any other similar technology.
2. "mandatory fees or charges":
(a) Includes a fee or surcharge to which any of the following applies:
(i) THat must be paid to purchase the advertised goods or services.
(ii) That is not reasonably avoidable.
(iii) For any goods or services that a reasonable consumer would expect to be included with the purchase of the advertised goods or services.
(b) Does not include taxes imposed by the government. END_STATUTE