A person who obtains public records for commercial purpose without indicating the commercial purpose or who obtains a public record for a non-commercial purpose and uses
or knowingly allows the uses of such public record for a commercial purpose or who obtains a public record for a commercial purpose and uses or knowingly allows the use
of such public record for a different commercial purpose shall in addition to other penalties be liable to the state or the political subdivision from which the public
record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated plus
costs and reasonable attorney's fees or shall be liable to the state or political subdivision for the amount of three times the actual damages if it can be shown that
the public record would have not been provided had the commercial purpose of actual use been stated at the time of obtaining the records.
A
“Commercial Purpose” means the use of a public record for the purpose of sale or resale including any of the following:
- Producing a document containing all or part of the copy, printout or photograph for sale, or
- Obtaining of names and addresses from such public records for the purpose of solicitation or for creating a list for resale, or
- For any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of such public records. (A.R.S.§39-121.03(D)).
