Title 45 — Trade and Commerce

[Repealed or reserved.]

(a) Nothing in AS 45.50.471 — 45.50.561 applies to (1) an act or transaction regulated by a statute or regulation administered by the state, including a state regulatory board or commission, unless the statute or regulation does not prohibit the practices declared unlawful in AS …

[Repealed or reserved.]

The attorney general, in accordance with AS 44.62 (Administrative Procedure Act), may adopt regulations interpreting and forms necessary for administering the provisions of AS 45.50.471 — 45.50.561.

(a) If the attorney general has cause to believe that a person has engaged in, is engaging in, or is about to engage in a deceptive trade practice under AS 45.50.471, the attorney general may (1) request the person to file a statement or report in writing, under oath, on forms pr…

[Repealed or reserved.]

(a) When the attorney general has reason to believe that a person has used, is using, or is about to use an act or practice declared unlawful in AS 45.50.471, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state a…

[Repealed or reserved.]

In the administration of AS 45.50.471 — 45.50.561, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice considered to be violative of AS 45.50.471 — 45.50.561 from a person who has engaged or was about to engage in such an act o…

(a) [Repealed by § 6 ch 53 SLA 1974.] (b) Subject to the provisions of AS 45.50.501(a), the attorney general may not make public the name of a person alleged to have committed an act or practice declared unlawful in AS 45.50.471 during an investigation conducted by the attorney g…

(a) A person who suffers an ascertainable loss of money or property as a result of another person's act or practice declared unlawful by AS 45.50.471 may bring a civil action to recover for each unlawful act or practice three times the actual damages or $500, whichever is greater…

(a) Subject to (b) of this section and in addition to any right to bring an action under AS 45.50.531 or other law, any person who was the victim of the unlawful act, whether or not the person suffered actual damages, may bring an action to obtain an injunction prohibiting a sell…

Notwithstanding the other provisions of AS 45.50.471 — 45.50.561, a civil action under AS 45.50.531 or 45.50.535 may be submitted to mediation under the Alaska Rules of Civil Procedure. The mediation must begin within 30 days after the court's order for mediation. During mediatio…

(a) In an action brought by a private person under AS 45.50.471 — 45.50.561, a prevailing plaintiff shall be awarded costs as provided by court rule and full reasonable attorney fees at the prevailing reasonable rate. (b) Unless the action is found to be frivolous, in an action b…

(a) If a contract for sale or lease of consumer goods or services on credit entered into between a retail seller and a retail buyer requires or involves the execution of a promissory note or instrument or other evidence of indebtedness of the buyer, the note, instrument, or evide…

A waiver by a consumer of the provisions of AS 45.50.471 — 45.50.561 is contrary to public policy and is unenforceable and void.

In interpreting AS 45.50.471 due consideration and great weight should be given the interpretations of 15 U.S.C. 45(a)(1) (§ 5(a)(1) of the Federal Trade Commission Act).

(a) A person who violates the terms of an injunction or restraining order issued under AS 45.50.501 shall forfeit and pay to the state a civil penalty of not more than $50,000 for each violation. For the purposes of this section, the superior court in a judicial district issuing …

Article 4. Monopolies; Restraint of Trade. (a) In AS 45.50.471 — 45.50.561 (1) “advertising” includes the attempt directly or indirectly by publication, dissemination, solicitation, endorsement, or circulation, display in any manner, including solicitation or dissemination by mai…

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is unlawful.

It is unlawful for a person to monopolize, or attempt to monopolize, or combine or conspire with another person to monopolize any part of trade or commerce.

It is unlawful for a person to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services, whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged for it, or discount fr…

(a) It is unlawful for a person to acquire and hold, directly or indirectly, the whole or a part of the stock, or other share capital, or assets of any corporation after August 5, 1975 if the effect of the acquisition and holding may be substantially to lessen competition or to t…

(a) It is unlawful for a person to be at the same time a director, officer, partner, or trustee in any two or more firms, partnerships, trusts, associations, or corporations or any combination of them engaged in commerce, if these firms, partnerships, trusts, associations, or cor…

(a) AS 45.50.562 — 45.50.596 do not forbid the existence or operation of labor, agricultural, horticultural, or marine pilot organizations created for the purpose of mutual help, and not conducted for profit, or forbid or restrain members of those organizations from lawfully carr…

A contract or agreement in violation of a provision of AS 45.50.562 — 45.50.596 is voidable by either party as to future performance by either party; however, the court may, in its discretion, order payment for goods or services already received to prevent unjust enrichment.

(a) A person who is injured in business or property by a violation of AS 45.50.562 — 45.50.570, or a person so injured because the person refuses to accede to a proposal for an arrangement that, if consummated, would be a violation of AS 45.50.562 — 45.50.570, may bring a civil a…

(a) The attorney general may bring a civil action in superior court to secure monetary relief as provided in this section on behalf of the state and its agencies injured either directly or indirectly by reason of any violation of AS 45.50.562 — 45.50.570. (b) The attorney general…

(a) A person who violates AS 45.50.562 or 45.50.564 is guilty of a class C felony and upon conviction is punishable, (1) if a natural person, by a fine of not more than $1,000,000, notwithstanding AS 12.55.035, or by imprisonment as provided in AS 12.55, or by both; or (2) if not…

In a civil action brought by the attorney general under AS 45.50.577, the attorney general may recover aggregate damages by using statistical sampling or sampling methods, by the computation of illegal overcharges, or by a similar, reasonable system of estimating aggregate damage…

(a) In addition to any other relief provided by AS 45.50.562 — 45.50.596, the attorney general may bring an action to enjoin a violation of AS 45.50.562 — 45.50.596. This action may be brought as a sole action or in conjunction with another action that the attorney general is aut…

An action arising under AS 45.50.562 — 45.50.596 shall be brought in the superior court.

(a) In an action maintained under AS 45.50.562 — 45.50.596, the parties to it may file with the court a consent judgment or decree. The consent judgment or decree shall set out the alleged violations, future obligations of the parties, if any, damages, or other relief, the defend…

A final judgment rendered in a civil or criminal action brought by the state under AS 45.50.562 — 45.50.596 is prima facie evidence against the defendant in any other action under AS 45.50.562 — 45.50.596 brought by another party, or by the state, a city, a borough, or other gove…

An action to enforce a claim arising under AS 45.50.562 — 45.50.596 is barred unless commenced within four years after the claim accrues, except that when an action is brought by the attorney general under AS 45.50.562 — 45.50.596, the running of this period of limitation, with r…

If the attorney general determines, upon complaint or otherwise, that a person has engaged in, or engages in, or is about to engage in an act or practice prohibited or declared unlawful by AS 45.50.562 — 45.50.596, or that a person has assisted or participated in a plan, scheme, …

(a) If the attorney general determines that a person is in possession, custody, or control of documentary evidence, wherever situated, that the attorney general believes to be relevant to an investigation authorized in AS 45.50.590, the attorney general may execute in writing and…

(a) In connection with an investigation authorized by AS 45.50.590, the attorney general may issue an investigative demand compelling the attendance of a person for examination under oath before the attorney general or before a court of record. (b) Each demand shall (1) state the…

In AS 45.50.562 — 45.50.596, (1) “asset” includes any property, tangible or intangible, real, personal, or mixed and wherever located, and any other thing of value; (2) “documentary evidence” includes an original or copy of a book, record, report, memorandum, paper, communication…

Article 5. Deceptive Advertising of Civil Defense Aids. AS 45.50.562 — 45.50.598 may be cited as the Alaska Restraint of Trade Act.

The state director of civil defense (1) may adopt regulations under AS 44.62 (Administrative Procedure Act) defining fair standards in the advertising and sale of civil defense aids; and (2) shall prohibit unfair or deceptive practices.

Regulations adopted by the state director of civil defense must prohibit the following practices: (1) exaggerated or misleading claims of protection afforded by shelters; (2) the use of misleading pictures; (3) the use of deceptive pricing practices; (4) the use of guarantees in …

Installment or credit purchase plans for civil defense aids must include a clear statement of financial terms, including a statement of annual simple interest.

The attorney general shall prosecute any legal action on behalf of the state director of civil defense.

A person who violates a provision of AS 45.50.600 — 45.50.606 or a regulation adopted by the state director of civil defense under AS 45.50.600 — 45.50.606 is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or, in the alternative, is s…

Article 6. Alaska Gasoline Products Leasing Act. In AS 45.50.600 — 45.50.606 “civil defense aid” means a product, service, structure, or improvement intended for use by civilians as a protection against a result of an attack by a foreign power on the United States and includes bu…

Before entry into a lease agreement, a refiner or distributor shall disclose to the dealer facts that would reasonably be considered material to the dealer's decision to enter into the lease. These facts must include, but not be limited to, (1) ownership of property of the retail…

(a) A person may not, directly or indirectly, through officers, employees, or agents, (1) require the dealer at the time of entering into the lease agreement to relieve any person from liability imposed by AS 45.50.800 — 45.50.850; (2) require the dealer to agree to waive the rig…

If the refiner or distributor terminates, cancels, or fails to renew under AS 45.50.810(c)(1), (2), or (3) or for any good cause other than under AS 45.50.810(c)(4), the refiner or distributor shall compensate the dealer for the fair market value of the business, excluding goodwi…

Unless provided otherwise by the lease, upon the death of the lessee the lease shall terminate and the surviving spouse shall have the right of first refusal of the new lease if the surviving spouse has been an active participant in the business and is qualified.