Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session

2017

 

 

HOUSE BILL 2145

 

 

 

AN ACT

 

amending title 44, chapter 11, Arizona Revised Statutes, by adding article 2; relating to consumer household goods.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Title 44, chapter 11, Arizona Revised Statutes, is amended by adding article 2, to read:

ARTICLE 2.  HOUSEHOLD GOODS MOVERS

START_STATUTE44-1611.  Definitions

In this article, unless the context otherwise requires:

1.  "Advertisement" has the same meaning prescribed in section 44‑1521. 

2.  "Carrier's lien" means a lien that is established under section 47-7307.

3.  "Consumer" means an individual who uses or intends to use household goods moving services provided by a household goods mover.

4.  "Household goods" means goods that are used primarily for personal, family or household purposes and that are used in connection with household goods moving services.

5.  "Household goods mover" means a person that provides household goods moving services.

6.  "Household goods moving services":

(a)  Means the loading, packing, moving, transporting, storing while in transit, delivering, unloading or otherwise taking possession or control of household goods from a consumer for the purpose of intrastate household goods moves to another location at the direction of the consumer for a fee.

(b)  Does not include moving household goods for disposal or destruction or moving household goods from a factory or store, unless a consumer has purchased the property to be moved from a factory or store with the intent to use that property for personal, family or household purposes.

7.  "Moving destination" means the location that the consumer specifies is where the household goods shall be delivered and unloaded. 

8.  "Person" has the same meaning prescribed in section 44-1521. END_STATUTE

START_STATUTE44-1612.  Exemption qualifications

A.  To qualify for the exemption set forth in section 44‑1614, A household goods mover must:

1.  provide to the consumer a written contract that meets all of the following requirements:

(a)  Is signed and dated, through electronic means or otherwise, by the consumer and household goods mover before the household goods mover provides any household goods moving services or takes possession of any household goods.

(b)  Includes:

(i)  The name, telephone number and physical address of the household goods mover that issues the contract and that provides the household goods moving services.

(ii)  The date and time of the scheduled household goods moving services.

(iii)  The name, address and telephone number of the consumer, the address of where the household goods that need to be moved are located and the address of the moving destination.

(iv)  A detailed list of household goods moving services to be provided under the contract and any other fees that the consumer may be required to pay.

(v)  A list of any terms and conditions for payment of the total charges, including a notice of any minimum charges.

(vi)  A list of acceptable methods of payment for the household goods moving services.

(vii)  A statement as to whether a household goods mover will reimburse consumers for any loss or damage incurred during the move and, if applicable, an explanation of how the household goods mover will reimburse consumers for loss or damage and the process consumers must follow to obtain a reimbursement.

(viii)  The total estimated price, including all anticipated fees and charges, based on the specific circumstances of the services to be performed.

2.  Before providing any household goods moving services, the household goods mover must also provide the consumer with a clear and conspicuous disclaimer with the following language: "by signing this disclaimer, i acknowledge that the household goods mover may refuse to unload and deliver my household goods until i have paid the total estimated price set forth in this contract.  i can cancel this contract at any time prior to the moving company providing services." the disclaimer must be signed by the household goods mover and the consumer.

3. the household goods mover must provide to the consumer a legible copy of the signed contract and the disclaimer before providing any household goods moving services.

B.  The consumer may cancel the contract at any point before the household goods mover provides any household goods moving services.  The notice of cancellation does not need to be in any particular form and is effective if it indicates the intention of the consumer not to be bound by the contract.  END_STATUTE

START_STATUTE44-1613.  Unlawful moving practices

A.  Except as provided in section 44‑1614, after taking possession of a consumer's household goods, a household goods mover may not refuse to deliver or unload a consumer's household goods or enforce, or threaten to enforce, a carrier's lien against a consumer's household goods when providing household goods moving services for an intrastate move.  For the purposes of this subsection, a written estimate or contract that includes disclosure of a carrier's lien does not constitute threatening to enforce a carrier's lien.

B.  Any advertisement or representation by a household goods mover relating to:

1.  Insurance, loss or damage must accurately disclose the extent to which the referenced insurance and the household goods mover will cover loss or damage incurred during household goods moving services.

2.  Fees, charges and rates must accurately disclose all fees, charges and rates. 

C.  An act or practice in violation of this article constitutes an unlawful practice under section 44-1522.  The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.  In addition to being subject to the enforcement and penalty provisions in chapter 10, article 7 of this title, a household goods mover that violates this article is subject to any other civil or criminal action, remedy and penalty provided by law.END_STATUTE

START_STATUTE44-1614.  Delivery and unloading of household goods; exemption

A.  If a household goods mover complies with section 44‑1612 and the household goods mover has transported the household goods to the moving destination, all of the following apply:

1.  the household goods mover may require the consumer to tender the total estimated price set forth in the contract pursuant to section 44‑1612 before delivering and unloading the household goods, except that on a consumer's request a household goods mover may not refuse or charge additional fees to deliver and unload medicine or medical devices or items used to treat or assist an individual with a disability.

2.  On the consumer's tender of payment of the total estimated price set forth in the contract, less any amounts previously collected from the consumer, the household goods mover must deliver and unload household goods at the moving destination.

3.  A household goods mover may not refuse to deliver and unload household goods to a consumer at the moving destination based on the household goods mover's refusal or inability to accept a method of payment listed in the contract pursuant to section 44‑1612.

4.  If a consumer does not tender the total estimated price set forth in the contract pursuant to section 44‑1612, the household goods mover may refuse to deliver and unload the household goods until the consumer tenders payment of the total estimated price.

B.  If a household goods mover refuses to deliver and unload household goods, the household goods mover must use reasonable care to safeguard, preserve and protect the household goods until the household goods are properly delivered and unloaded at the moving destination.

C.  If a household goods mover unlawfully fails to deliver and unload household goods, a peace officer may take custody of the household goods or direct the household goods mover to deliver and unload the household goods to the consumer.

D.  After the written contract is signed pursuant to section 44‑1612, if the consumer makes any request for an additional service not reflected in the contract prescribed by section 44-1612, the household goods mover must obtain written acknowledgement from the consumer of the fee the consumer should expect to pay for the service requested before the household goods mover provides the service.  the household goods mover must also provide the consumer with a copy of the written acknowledgement of the fee before providing the service.

E.  After delivering and unloading the household goods at the moving destination, a household goods mover may present an invoice for any remaining charges for additional services not reflected in the contract prescribed by section 44-1612, but that is acknowledged under subsection D of this section.  To secure payment for any additional services provided, a household goods mover may not refuse to deliver and unload household goods at the moving destination.  if the total amount collected by a household goods mover exceeds the amount prescribed by the contract as set forth in section 44-1612 and any acknowledged fees as set forth in subsection d of this section, the household goods mover shall refund the excess amount.  the requirement to refund the excess amount does not apply to any gratuity that may have been collected by the household goods mover. END_STATUTE

START_STATUTE44-1615.  Waiver prohibited; failure to comply with article

A.  The requirements and rights set forth in this article may not be waived.

B.  If a household goods mover fails to comply with any requirements prescribed in this article, the household goods mover is not eligible for the exemption set forth in section 44-1614. END_STATUTE

START_STATUTE44-1616.  Lawful collection of monies

Notwithstanding any provision of this article, a household goods mover is entitled to pursue any lawful means to collect an amount properly due from a consumer after the household goods mover has finished delivering and unloading the household goods at the moving destination. END_STATUTE