Seller Is Liable Under Arizona Consumer Fraud Act for Transmitting Other’s Misrepresentation to Buyer Despite Seller’s Ignorance That Representation Was False

Arizona’s Consumer Fraud Act prohibits, inter alia, the use of any misrepresentation in connection with the sale or advertisement of merchandise.  A.R.S. § 44-1522(A).  An automobile dealer who voluntarily forwards a misleading email from the manufacturer containing misrepresentations may be liable under the Act.  That the dealer is merely the “messenger” and not the original source of the misrepresentation is not a defense.  Powers v. Guaranty RV, Inc., 1 CA-CV 11-0062, 6/12/12.