Arizona Internet Representations (AZ Rev Stat § 18-541, et seq.)

Arizona Internet Representations

AZ Rev Stat § 18-541, et seq.

 

Arizona Revised Statutes

Title 18 - Information Technology

Article 3 - Internet Representations

§ 18-541 - Definitions

§ 18-542 - Prohibition

§ 18-543 - Civil remedies; damages

§ 18-544 - Violation; classification

 

18-541. Definitions

In this article, unless the context otherwise requires:

1. "Electronic mail message" means a message sent to a unique destination that consists of a unique user name or mailbox and a reference to an internet domain, whether or not displayed, and to which an electronic mail message can be sent or delivered.

2. "Identifying information" means an individual's piece of information that can be used to access an individual's financial accounts or to obtain goods or services and that includes an individual's:

(a) Social security number.

(b) Driver license number.

(c) Bank account number.

(d) Credit or debit card number.

(e) Personal identification number.

(f) Automated or electronic signature.

(g) Unique biometric data.

(h) Account passwords.

3. "Internet" means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected worldwide network of networks that employ the transmission control protocol or internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.

4. "Web page" means a location with respect to the worldwide web that has a single uniform resource locator or other single location with respect to the internet.

 

18-542. Prohibition

A person, with the intent to commit fraud or theft, shall not use a web page or electronic mail message or otherwise 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 online business without the authority or approval of the online business.

 

18-543. Civil remedies; damages

A. 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 article may bring an action against a person who violates this article to:

1. Enjoin further violations of this article.

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

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 article may bring an action only against the person who violates this article to:

1. Enjoin further violations of this article.

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

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

1. Enjoin further violations of this article.

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.

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 article.

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

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

 

18-544. Violation; classification

A person who violates this article is guilty of a class 5 felony.

 

For more information, see here: https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/18/00541.htm

 

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