Title 45 — Trade and Commerce
49 chapters · 1,288 sections in this title.
AS 45.45.010 Legal rate of interest; prepayment of interest.
2.8K chars
(a) The rate of interest in the state is 10.5 percent a year and no more on money after it is due except as provided in (b) of this section. (b) Interest may not be charged by express agreement of the parties in a contract or loan commitment that is more than the greater of 10 pe…
AS 45.45.020 Higher rate of interest prohibited.
0.3K chars
A person may not, directly or indirectly, receive in money, goods, or things in action, or in any other manner, a greater sum or value for the loan or use of money, or upon contract founded upon a bargain, sale, or loan of wares, merchandise, goods, chattels, lands, and tenements…
AS 45.45.030 Action for recovery of double amount of usurious interest paid.
0.3K chars
If interest greater than that prescribed in AS 45.45.010 and 45.45.020 is received or collected, the person paying it may, by action brought within two years after the payment, recover from the person receiving the payment double the amount of the interest received or collected.
AS 45.45.040 Usurious rate as working forfeiture of entire interest.
1.0K chars
If, in an action brought on a contract, the court determines that a rate of interest has been contracted for greater than is authorized by AS 45.45.010 — 45.45.070, either directly or indirectly, in money, property, or other valuable thing, or that a gift or donation of money, pr…
AS 45.45.050 Recovery by assignee of usurious contract of amount paid.
0.3K chars
AS 45.45.010 — 45.45.070 do not prevent the bona fide assignee of a usurious contract from recovering against the immediate assignor, or the original usurer, the full amount paid by the assignee for the contract if the assignee did not have notice of the usury affecting the contr…
AS 45.45.060 Contract not usurious because of agreement to pay taxes.
0.4K chars
A contract made in the state between borrower and lender, debtor and creditor, or mortgagor and mortgagee, on which the rate of interest is the legal rate of interest specified in AS 45.45.010 or less, by which one party agrees to pay the taxes on the debt, credit, or mortgage ex…
AS 45.45.070 Enforcement of contracts entered into under AS 45.45.060.
0.2K chars
Article 2. Collection of Advance Interest. A contract entered into under AS 45.45.060 may be enforced by the parties to it. However in making an assessment of a credit loan or mortgage, it shall be assessed to the holder of the contract.
AS 45.45.080 Money lenders may collect interest in advance.
3.4K chars
(a) A lender of money may, either upon the security of personal property or otherwise, charge and receive interest in advance. (b) In the case of a secured or unsecured instrument loan not exceeding the principal amount of $10,000, not including interest, which is repayable in su…
AS 45.45.090 Applicability of other laws.
0.1K chars
Article 3. Merchandise. No law of this state prescribing or limiting interest rates upon loans applies to loans made under AS 45.45.080.
AS 45.45.100 Requiring individuals to keep merchandise in full view.
0.4K chars
A merchant may request an individual on the merchant's premises to place or keep in full view merchandise that the individual removes, or that the merchant believes the individual may have removed, from its place of display or elsewhere, whether for examination, purchase, or anot…
AS 45.45.105 Unsolicited merchandise.
0.4K chars
(a) A person may not offer merchandise for sale, in any manner, when the offer includes the voluntary and unsolicited sending of merchandise not actually ordered or requested by the recipient, either orally or in writing. (b) Unsolicited merchandise received shall be considered a…
AS 45.45.110 Definitions.
0.6K chars
Article 4. Funerals. In AS 45.45.100 and 45.45.105, (1) “merchandise” means personal property capable of manual delivery that is produced, displayed, held, or offered for sale by a manufacturer, distributor, or merchant; (2) “merchant” means an owner or operator of a place of bus…
AS 45.45.120 Disclosure of costs.
1.5K chars
Article 5. Regulation of Motor Vehicle Repairs. Every person performing or arranging for services or providing merchandise relating to the disposition of a dead human body shall give to the person arranging for the disposition at the time the arrangements are completed and before…
AS 45.45.130 Repair order.
0.3K chars
Upon request of the customer and before the commencement of repairs, the shop shall provide the customer with a copy of a dated repair order legibly describing the repairs to be performed. The shop shall record the odometer reading of the customer's motor vehicle on the repair or…
AS 45.45.140 Repair price information.
0.5K chars
Upon request of the customer and before the commencement of repairs, the shop shall provide the customer with a price estimate for the repairs. The repair price estimate shall be made in good faith by the shop and may not be exceeded except for good cause and additional charges o…
AS 45.45.150 Notice to customer.
1.0K chars
The shop shall post a conspicuously located and easily readable sign that states: “You are entitled to a price estimate for the repairs you authorize if you request the estimate before the repairs are begun. This price estimate will not be exceeded if the motor vehicle is deliver…
AS 45.45.160 Charges.
0.4K chars
A shop may not charge for making a repair price estimate unless, before making the estimate, the shop discloses to the customer the amount of the charge, or, if the amount cannot be determined, the basis on which the charge will be calculated. A shop may not impose, or threaten t…
AS 45.45.170 Authorization to proceed with repairs.
1.7K chars
(a) If the shop has given the customer an estimate and the price for the authorized repairs will exceed the estimate, the shop shall call the customer before continuing with the repairs and shall provide the customer with a new, good faith estimate of the repair price. The shop m…
AS 45.45.180 Return of parts.
0.5K chars
Parts from a customer's motor vehicle that are replaced by the shop shall be returned to the customer if they are requested by the customer at the time the repair order is taken. However, parts that must be returned to the manufacturer because of a warranty or exchange agreement …
AS 45.45.190 Invoice.
0.3K chars
The shop shall provide every customer, at the time the customer retakes possession of the motor vehicle, with a copy of a dated invoice detailing the costs of all parts and labor involved in the repair, and identifying all parts replacements as being either new, used, rebuilt, or…
AS 45.45.200 Prohibited practices.
1.3K chars
(a) A shop may not misrepresent, directly or by implication, (1) the cost of repairs authorized by the customer; (2) the terms or conditions of a warranty or service agreement; (3) that repairs are necessary; (4) that repairs have been made; or (5) that the motor vehicle is in a …
AS 45.45.210 Disclosure of regulation.
0.3K chars
The following statement shall be conspicuously printed, either on the invoice or on another form given to every customer for whom the shop performs repairs: “Motor vehicle repair trade practices are regulated by Alaska Statutes 45.45.130 — 45.45.240, administered by the Alaska De…
AS 45.45.220 Records.
0.3K chars
A shop shall maintain repair records and invoices for parts purchased by the shop. The records shall be available for reasonable inspection by the attorney general or other persons acting at the request of the attorney general and shall be retained for at least two years.
AS 45.45.240 Definitions.
1.2K chars
Article 6. Motor Vehicle Warranties. In AS 45.45.130 — 45.45.240 (1) “customer” includes a person authorized by the customer to act on the customer's behalf; (2) “motor vehicle” or “vehicle” means a motor vehicle as defined in AS 28.90.990 that is required to be registered under …
AS 45.45.300 Repairs required.
0.4K chars
If a new motor vehicle does not conform to an express warranty that is applicable to it and the owner of the vehicle reports the defect or condition to the manufacturer of the vehicle or to the manufacturer's or distributor's dealer during the term of the warranty, the manufactur…
AS 45.45.305 Replacement or refund.
0.8K chars
If during the term of the express warranty or within one year from the date of delivery of the motor vehicle to the original owner, whichever period terminates first, the manufacturer, distributor, dealer, or repairing agent is unable to conform the motor vehicle to an applicable…
AS 45.45.310 Notice by owner.
1.0K chars
In order to claim a refund or replacement under AS 45.45.305, the owner shall give written notice by certified mail to the manufacturer and its dealer or repairing agent at any time before 60 days have elapsed after the expiration of the express warranty or the one-year period af…
AS 45.45.315 Exceptions.
0.5K chars
An owner may not receive a refund or replacement under AS 45.45.300 — 45.45.360 if the manufacturer or distributor shows that the nonconformity complained of (1) does not substantially impair either the use or the market value of the motor vehicle; or (2) is the result of (A) alt…
AS 45.45.320 Presumption.
0.9K chars
A presumption that a reasonable number of attempts have been made to conform a motor vehicle under an applicable express warranty is established if: (1) the same nonconformity has been subject to repair three or more times by the manufacturer, distributor, dealer, or repairing ag…
AS 45.45.325 Parts availability.
0.4K chars
A manufacturer whose vehicles are sold in the state through an authorized dealer shall provide its dealer or repairing agent with any part necessary to make a repair of a nonconformity covered under an express warranty, as soon as possible, without additional charge for freight o…
AS 45.45.330 Failure to replace or refund.
0.3K chars
A manufacturer or distributor who fails to refund the full purchase price of a motor vehicle or replace the motor vehicle when there is a requirement to do so under AS 45.45.300 — 45.45.360 is presumed to have committed an unfair trade practice under AS 45.50.471.
AS 45.45.335 Resale without disclosure prohibited.
0.2K chars
A motor vehicle returned under AS 45.45.305 may not be resold by the manufacturer or distributor in the state unless full disclosure of the reason for the return is made to the prospective buyer before the resale is concluded.
AS 45.45.340 Other rights and remedies.
0.4K chars
The provisions of AS 45.45.300 — 45.45.360 do not limit other rights and remedies that may be available to the owner of a motor vehicle under other provisions of law. This section does not create a new cause of action against a dealer or repairing agent who sells or attempts to r…
AS 45.45.345 Repair facilities.
0.3K chars
A manufacturer or distributor of motor vehicles who authorizes the sale of the manufacturer's or distributor's motor vehicles in the state shall maintain authorized dealership facilities within the state that are able to perform the service and make the repairs required by the ma…
AS 45.45.350 Reimbursement of shipping costs.
0.3K chars
A manufacturer or distributor who accepts the return of a nonconforming motor vehicle under AS 45.45.305 shall reimburse the owner for any reasonable cost incurred in shipping the vehicle to and from the nearest authorized facility for warranty service and repair of a nonconformi…
AS 45.45.355 Arbitration or mediation.
0.8K chars
If a manufacturer or distributor has established an informal dispute settlement procedure that substantially complies with the requirements of 16 C.F.R. Part 703, as that section may be amended, or if the manufacturer or distributor, after receipt of notice required by AS 45.45.3…
AS 45.45.360 Definitions.
2.9K chars
Article 7. Used Vehicle Sales in Emission Inspection Areas. In AS 45.45.300 — 45.45.360, (1) “dealer” means a person who has obtained a franchise from, or is authorized by, a motor vehicle manufacturer to engage in the retail sale and warranty repair of the manufacturer's new mot…
AS 45.45.400 Prohibited transfer of used motor vehicles.
0.8K chars
(a) A person engaged in the business of selling used motor vehicles may not transfer or assign the owner's title or interest in the used vehicle to a person who resides in an area subject to a state-approved emission inspection program established under AS 46.14.400 or 46.14.510 …
AS 45.45.450 Identification of cost recovery fees.
0.3K chars
If a rental car business charges a cost recovery fee, the rental car business shall separately identify and charge for each cost recovery fee in writing in the rental car agreement. In this section, “cost recovery fee” means a vehicle licensing cost recovery fee, an airport-relat…
AS 45.45.455 Vehicle licensing cost recovery fee.
1.1K chars
(a) A rental car business may not charge a renter a vehicle licensing cost recovery fee unless the vehicle licensing cost recovery fee represents a good faith estimate by the rental car business of the average daily cost to the rental car business of recovering its actual total a…
AS 45.45.459 Definitions.
0.5K chars
Article 9. Copyright Royalties and Licensing. In AS 45.45.450 — 45.45.459, (1) “car” means a motor vehicle; (2) “licensing cost” means the cost of titling, registering, obtaining license plates for, or inspection of the rental cars of a rental car business in the state; (3) “moto…
AS 45.45.500 Notice required before contract.
1.3K chars
A copyright owner or a performing rights society may not enter into, or offer to enter into, a contract for the payment of royalties by a business proprietor unless at the time of the offer, or within 72 hours before entering into the contract, the copyright owner or performing r…
AS 45.45.510 Minimum contents of royalties contracts.
1.1K chars
(a) A royalties contract entered into, issued, or renewed in this state must be in writing and signed by the parties. The contract must include at least the (1) business proprietor's name and business address, and the name and location of each place of business of the business pr…
AS 45.45.520 Collection of royalties.
0.4K chars
A copyright owner, a performing rights society, or an agent or employee of a copyright owner or performing rights society may not collect or attempt to collect a payment or another fee under a royalties contract between the copyright owner or performing rights society and a busin…
AS 45.45.530 Prohibited practices.
0.7K chars
(a) A performing rights society, or an agent or employee of a performing rights society, may not collect or attempt to collect a royalty payment or another fee from a business proprietor licensed by the performing rights society, unless the collection or collection attempt is mad…
AS 45.45.550 Private action.
0.4K chars
A person who suffers a loss as a result of another person knowingly engaging in conduct that violates AS 45.45.500 — 45.45.590 may bring a civil action to recover actual damages and reasonable attorney fees, to enjoin the violation, and to seek any other remedy available at law o…
AS 45.45.560 Exemptions.
0.5K chars
The provisions of AS 45.45.500 — 45.45.590 do not apply to (1) a royalties contract between copyright owners, or performing rights societies, and (A) broadcasters licensed by the Federal Communications Commission; or (B) a cable television operator, a cable television programmer,…
AS 45.45.570 Construction.
0.3K chars
AS 45.45.500 — 45.45.590 may not be construed to prevent a performing rights society from informing a business proprietor of the business proprietor's obligations under 17 U.S.C. (federal copyright law) or from exercising any exclusive rights preempted under 17 U.S.C. 301(a).
AS 45.45.590 Definitions.
1.3K chars
Article 10. Warranties For Assistive Technology Devices and Mobility Aids. In AS 45.45.500 — 45.45.590, (1) “business proprietor” means a person who owns a place of business in which the public may assemble and in which copyrighted musical works may be performed, broadcasted, or …
AS 45.45.600 Express warranty required.
0.7K chars
A manufacturer who sells an assistive technology device or a mobility aid to a consumer, either directly or through a dealer, shall furnish the consumer with an express warranty stating that the assistive technology device or mobility aid is free from any nonconformity. The durat…