Ariz. Rev. Stat. § 44-1523
Exemptions
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Nothing contained in this article shall apply to the owner or publisher of a newspaper, magazine, or other publication of printed matter wherein such advertisement appears, or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher, or operator has no knowledge of the intent, design, or purpose of the advertiser. Further, nothing contained in this article shall apply to any advertisement which is subject to and complies with the rules and regulations of, and the statutes administered by the federal trade commission.
Notes of Decisions
Cited in 4
cases, 1980–2014 · leading case: Powers v. GUARANTY RV, INC.
Powers v. GUARANTY RV, INC. (2012)
“¶ 20 Citing A.R.S. § 44-1523 (2003), which absolves media entities that publish or broadcast advertisements containing false information from liability, Guaranty nonetheless contends that it likewise acted as a conduit of information exempt from the CFA This claim is also…”
In re Horizon Organic Milk Plus Dha Omega-3 Marketing & Sales Practice Litigation (2013)
“As the Court found above, Plaintiffs’ allegations that WhiteWave’s brain health representations are false and that the falsity of these representations is shown by scientific studies are sufficient to allege false statements and misrepresentations under the various consumer…”
In re Standard & Poor's Rating Agency Litigation (2014)
“, Ariz.Rev.Stat. Ann. § 44-1523 (providing a carve-out for, among others, newspaper publishers, but not for general compliance with federal law).”
People Ex Rel. Babbitt v. Green Acres Trust (1980)
“We hold that pursuant to the broad terms of the Consumer Fraud Act, the attorney general has plenary power to enforce by injunctive and other specified remedies that enactment’s provisions proscribing “unlawful practices” in the consumer field except where an exemption has been…”
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