Arizona-2015-HB2413-Chaptered

House Engrossed

State of Arizona

House of Representatives

Fifty-second Legislature

First Regular Session

2015

CHAPTER 123

HOUSE BILL 2413

AN ACT

amending sections 44-7202 and 44-7203, Arizona Revised Statutes; relating to

internet representations.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 44-7202, Arizona Revised Statutes, is amended to read:

START_STATUTE44-7202. Prohibition

A person, with the intent to commit fraud or theft, shall not by means of use a web page or electronic mail message or otherwise using use the internet to solicit, request or take any action to induce another person to provide identifying information by representing that the person, either directly or by implication, is an on-line online business without the authority or approval of the on-line online business. END_STATUTE

Sec. 2. Section 44-7203, Arizona Revised Statutes, is amended to read:

START_STATUTE44-7203. Civil remedies; damages

A. The attorney general, or A person who either is engaged in the business of providing internet access service to the public or owns a web page or trademark and who is adversely affected by reason of a violation of this chapter, may bring an action against a person who violates this chapter to:

1. Enjoin further violations of this chapter.

2. Recover the greater of actual damages or five hundred two thousand five hundred dollars for each separate violation of this chapter.

B. A person, other than a person who is described in subsection A of this section, who is adversely affected by reason of a violation of this chapter may bring an action only against the person who violates this chapter to:

1. Enjoin further violations of this chapter.

2. Recover the greater of actual damages or five thousand dollars for each separate violation of this chapter.

C. The attorney general may bring an action against a person who violates this chapter to:

1. Enjoin further violations of this chapter.

2. Recover two thousand five hundred dollars per violation.

D. An action under this section must be brought within three years after the violation is discovered or by the exercise of reasonable diligence should have been discovered, whichever is earlier.

B. E. In an action under this section, the court may increase a damage award to an amount equal to not more than three times the amount otherwise available under this section if the court determines that the defendant has engaged in a pattern and practice of violating this chapter.

C. F. The attorney general may also recover reasonable attorney fees and costs.

D. G. For the purposes of this section, multiple violations of this chapter resulting from any single action or act shall constitute one violation. END_STATUTE

Sec. 3. Legislative intent

It is the intent of the legislature to penalize the unlawful gathering of identifying information and the unpermitted use of another's goodwill to secure business or identifying information.