Bill Text: AZ SB1144 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Class action settlements; attorney general
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-21 - Senate read second time [SB1144 Detail]
Download: Arizona-2020-SB1144-Introduced.html
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REFERENCE TITLE: class action
settlements; attorney general |
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State of
Arizona Senate Fifty-fourth
Legislature Second Regular
Session 2020 |
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SB 1144 |
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Introduced by Senator Mesnard |
AN ACT
amending title
41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41‑200;
relating to the attorney general.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-200, to read:
41-200. Class action
settlement abuse; definitions
A. the attorney general shall protect
residents of this state from consumer class action settlement abuse and is
authorized to protect this state's interest in preventing consumer class action
settlement abuse.
b. If the attorney general believes
that a proposed consumer class action Does not provide fair, reasonable and adequate
restitution or other relief for class members or unlawfully or unfairly
compensates class counsel or named class members over unnamed class members,
the attorney general may file a motion to intervene in the class action
proceedings in the name of this state to represent the interests of this state
and class members in this state to seek an order that rejects or amends the
proposed consumer class action settlement.
The attorney general may file a motion to intervene regardless of
whether a class member in this state has objected. By intervening under this section, the
attorney general is serving the interests of this state and all class members
in this state consistent with the attorney general's duties under this article
and title 44, chapter 10, article 7.
C. Inaction by the attorney general
in connection with a particular consumer class action settlement does not
affect the rights of this state or the attorney general's ability to act under
this article, title 44, chapter 10, article 7 or other law, including the
ability to bring an action under this article, title 44, chapter 10, article 7
or other law and seek all available relief.
D. For the purposes of this section:
1. "Class action":
(a) means a civil action
that is either:
(i) Filed in the superior
court of this state under the Arizona rules of civil procedure or in a district
court of the united states under the federal rules of civil procedure.
(ii) Removed
to a district court of the united states and that was originally filed under a
state statute or rule of judicial procedure authorizing an action to be brought
by one or more representatives as a class action.
(b) Includes a civil
action that alleges any theory of recovery, not just recovery under this
article or title 44, chapter 10, article 7.
2. "Class action
settlement" means an agreement relating to a class action that is subject
to court approval and that if approved is binding on some or all class members.
3. "Class members" means the persons, named or unnamed, who fall within a proposed or certified class.
Sec. 2. Legislative findings
The legislature finds that this state has an interest in
protecting residents of this state from consumer class action settlement abuse.
