A. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or is engaging in any practice declared to be unlawful by this article, the attorney general may seek and obtain in an action in a court of competent jurisdiction an injunction prohibiting the person from continuing the practices or engaging in the practice or doing any acts in furtherance of the practice after notice as is required by the rules of civil procedure. The court may make such orders or judgments as may be necessary to:
1. Prevent the use or employment by a person of any unlawful practices.
2. Restore to any person in interest any monies or property, real or personal, which may have been acquired by means of any practice in this article declared to be unlawful, including the appointment of a receiver.
3. Require that any profits, gain, gross receipts or other benefit obtained by means of any practice in this article declared to be unlawful be disgorged and paid to the state for deposit in the consumer remediation subaccount of the consumer restitution and remediation revolving fund established by section 44-1531.02.
4. Prohibit a person found to have violated this article from engaging in a specified trade or occupation.
B. Following an investigation made pursuant to section 44-1524 and when it appears to the attorney general that a person has engaged in or is engaging in a practice declared to be unlawful by this article and that the person is about to conceal the person's assets or the person's identity or whereabouts or leave the state, the attorney general may apply to a court of competent jurisdiction, ex parte, for an order appointing a receiver of the assets of the person. On a showing made by affidavit or other evidence that the person has engaged in or is engaging in a practice declared to be unlawful by this article and that the person is about to conceal the person's assets or the person's identity or whereabouts or leave the state, the court may order the appointment of a receiver to receive the assets of the person.
Notes of Decisions
State Ex Rel. Horne v. Autozone, Inc., 258 P.3d 289 (Ariz. Ct. App. 2011).
· cites it 50× “A.R.S. § 44-1528 (2003) (authorizing orders "as may be necessary" to prevent use of an unlawful practice or to restore money or property to injured persons).”
State Ex Rel. Horne v. Autozone, Inc., 275 P.3d 1278 (Ariz. 2012).
· cites it 13× “A.R.S. § 44-1528(A). The superior court may also issue orders and judgments “as may be necessary to:” 1.”
State v. Hameroff, 884 P.2d 266 (Ariz. Ct. App. 1994).
· cites it 8× “A.R.S. § 44-1528. Subsection (A) of that statute authorizes the attorney general to file an action for injunctive relief and provides that the trial court may make such orders or judgments as may be necessary to: 1.”
In re Ariz. Theranos, Inc., Litig., 308 F. Supp. 3d 1026 (D. Ariz. 2018).
· cites it 2× “A.R.S. § 44-1528(A)(3). Walgreens, Holmes, and Balwani have not disgorged any profits or gains as a result of the Consent Decree and it is possible that Theranos has not disgorged all of its profits or gains.”
Warfield v. Gardner, 346 F. Supp. 2d 1033 (D. Ariz. 2004).
· cites it 2× “They advance that the instant receivership is pursuant to a general receivership remedy under the consumer fraud statutes, A.R.S. § 44-1528 and § 44-1529, which provide a mechanism to prevent an entity engaging in consumer fraud from concealing its assets.”
State Ex Rel. Corbin v. Goodrich, 726 P.2d 215 (Ariz. Ct. App. 1986).
· cites it 2× “See A.R.S. §§ 44-1528 and 44-2032. In addition, the Attorney General is authorized by statute to represent the Securities Division of the Commission in actions brought under the provisions of A.”
Carrington v. Arizona Corp. Comm'n, 18 P.3d 97 (Ariz. Ct. App. 2001).
· cites it 2× “2d 215, 219 (1986) (citing A.R.S. §§ 44-1528 and 44-2032). Thus, it is not illegal or inappropriate for both agencies to investigate the same business.”
— Ariz. Rev. Stat. § 44-1528(2) — 2 cases
— Ariz. Rev. Stat. § 44-1528(A) — 4 cases
State Ex Rel. Horne v. Autozone, Inc., 258 P.3d 289 (Ariz. Ct. App. 2011).
“A.R.S. § 44-1528 (2003) (authorizing orders "as may be necessary" to prevent use of an unlawful practice or to restore money or property to injured persons).”
State v. Hameroff, 884 P.2d 266 (Ariz. Ct. App. 1994).
“A.R.S. § 44-1528. Subsection (A) of that statute authorizes the attorney general to file an action for injunctive relief and provides that the trial court may make such orders or judgments as may be necessary to: 1.”
— Ariz. Rev. Stat. § 44-1528(A)(1) — 2 cases
State Ex Rel. Horne v. Autozone, Inc., 258 P.3d 289 (Ariz. Ct. App. 2011).
“A.R.S. § 44-1528 (2003) (authorizing orders "as may be necessary" to prevent use of an unlawful practice or to restore money or property to injured persons).”
— Ariz. Rev. Stat. § 44-1528(A)(2) — 3 cases
State Ex Rel. Horne v. Autozone, Inc., 258 P.3d 289 (Ariz. Ct. App. 2011).
“A.R.S. § 44-1528 (2003) (authorizing orders "as may be necessary" to prevent use of an unlawful practice or to restore money or property to injured persons).”
State v. Hameroff, 884 P.2d 266 (Ariz. Ct. App. 1994).
“A.R.S. § 44-1528. Subsection (A) of that statute authorizes the attorney general to file an action for injunctive relief and provides that the trial court may make such orders or judgments as may be necessary to: 1.”
— Ariz. Rev. Stat. § 44-1528(A)(3) — 1 case
In re Ariz. Theranos, Inc., Litig., 308 F. Supp. 3d 1026 (D. Ariz. 2018).
“A.R.S. § 44-1528(A)(3). Walgreens, Holmes, and Balwani have not disgorged any profits or gains as a result of the Consent Decree and it is possible that Theranos has not disgorged all of its profits or gains.”
— Ariz. Rev. Stat. § 44-1528(A)(l) — 2 cases
State Ex Rel. Horne v. Autozone, Inc., 258 P.3d 289 (Ariz. Ct. App. 2011).
“A.R.S. § 44-1528 (2003) (authorizing orders "as may be necessary" to prevent use of an unlawful practice or to restore money or property to injured persons).”
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