Title 45 — Trade and Commerce
49 chapters · 1,288 sections in this title.
AS 45.50.310 Disposition of fees.
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Fees collected under AS 45.50.210 — 45.50.325 by the department shall be deposited in the general fund of the state.
AS 45.50.315 Regulations.
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The department may adopt regulations necessary to implement AS 45.50.210 — 45.50.325.
AS 45.50.320 Penalties for fraudulent branding or other acts.
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A person who fraudulently brands timber property with a brand which the person knows or has reasonable cause to know is the registered brand of another person, or who knowingly alters, defaces, obliterates, or destroys a registered brand impressed or displayed upon timber propert…
AS 45.50.325 Definitions.
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In AS 45.50.210 — 45.50.325, (1) “brand” includes a mark or other designation that has been registered with the department; (2) “commissioner” means the commissioner of natural resources; (3) “department” means the Department of Natural Resources; (4) “rightful transporter” means…
AS 45.50.330 Secs. 45.50.330 — 45.50.460. Pooled music copyright law. [Repealed, § 1 ch 95 SLA 1984.]
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Article 3. Unfair Trade Practices and Consumer Protection.
AS 45.50.470 [Repealed, § 1 ch 246 SLA 1970.]
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[Repealed or reserved.]
AS 45.50.471 Unlawful acts and practices.
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(a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce are declared to be unlawful. (b) The terms “unfair methods of competition” and “unfair or deceptive acts or practices” include the following acts: (1) fraudulently conv…
AS 45.50.472 Junk telephone calls. [Repealed, § 5 ch 142 SLA 1996.]
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[Repealed or reserved.]
AS 45.50.473 Disclosure of costs of certain telephone services.
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(a) A person may not provide an alternate operator service without disclosing to the consumer before a charge is incurred the cost of the service provided by the person and the identity of the person providing those services. (b) The owner of a place where telephone business from…
AS 45.50.474 Required disclosures in promotions and shoreside sales on board cruise ships.
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(a) A person may not conduct a promotion on board a cruise ship that mentions or features a business in a state port that has paid something of value for the purpose of having the business mentioned, featured, or otherwise promoted, unless the person conducting the promotion clea…
AS 45.50.475 Unlawful, unwanted telephone advertisements and solicitations.
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(a) A person is in violation of AS 45.50.471(b)(41) if the person (1) [Repealed, § 35 ch 55 SLA 2004.] (2) engages in the telephone solicitation of a customer whose telephone number has been registered with the national do not call registry for the minimum amount of time required…
AS 45.50.477 Use of titles relating to industrial hygiene.
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(a) A person may not use the title “industrial hygienist,” the initials “I.H.,” another term that includes the phrase “industrial hygiene” or similar words, or represent to the public that the person is an industrial hygienist, unless the person has a baccalaureate or graduate de…
AS 45.50.479 Limitation on electronic mail.
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(a) A person may not send unsolicited commercial electronic mail to another person from a computer located in this state or to an electronic mail address that the sender knows is held by a resident of this state if the commercial electronic mail contains information that consists…
AS 45.50.480 [Repealed, § 1 ch 246 SLA 1970.]
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[Repealed or reserved.]
AS 45.50.481 Exemptions.
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(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 …
AS 45.50.490 [Repealed, § 1 ch 246 SLA 1970.]
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[Repealed or reserved.]
AS 45.50.491 Regulations.
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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.
AS 45.50.495 Investigative power of attorney general.
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(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…
AS 45.50.500 [Repealed, § 1 ch 246 SLA 1970.]
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[Repealed or reserved.]
AS 45.50.501 Restraining prohibited acts.
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(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…
AS 45.50.510 [Repealed, § 1 ch 246 SLA 1970.]
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[Repealed or reserved.]
AS 45.50.511 Assurances of voluntary compliance.
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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…
AS 45.50.521 When information and evidence confidential and nonadmissible.
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(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…
AS 45.50.531 Private and class actions.
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(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…
AS 45.50.535 Private injunctive relief.
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(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…
AS 45.50.536 Mediation.
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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…
AS 45.50.537 Attorney fees, costs, and damages.
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(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…
AS 45.50.541 Nonnegotiability of consumer paper.
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(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…
AS 45.50.542 Provisions not waivable.
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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.
AS 45.50.545 Interpretation.
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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).
AS 45.50.551 Civil penalties.
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(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 …
AS 45.50.561 Definitions; short title.
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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…
AS 45.50.562 Combinations in restraint of trade unlawful.
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Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is unlawful.
AS 45.50.564 Monopolies and attempted monopolies unlawful.
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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.
AS 45.50.566 Transactions and agreements not to use or deal in commodities or services unlawful.
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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…
AS 45.50.568 Mergers and acquisitions unlawful when competition lessened.
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(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…
AS 45.50.570 Interlocking directorates and relationships.
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(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…
AS 45.50.572 Exemptions.
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(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…
AS 45.50.574 Contracts voidable.
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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.
AS 45.50.576 Suits by persons injured; treble damages; costs.
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(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…
AS 45.50.577 Enforcement by attorney general.
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(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…
AS 45.50.578 Criminal and civil penalties.
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(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…
AS 45.50.579 Proof of aggregate damages.
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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…
AS 45.50.580 Injunction by attorney general.
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(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…
AS 45.50.582 Jurisdiction of court.
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An action arising under AS 45.50.562 — 45.50.596 shall be brought in the superior court.
AS 45.50.584 Consent judgment.
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(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…
AS 45.50.586 Judgment in favor of the state as evidence in another action.
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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…
AS 45.50.588 Limitation of actions.
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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…
AS 45.50.590 Powers of the attorney general.
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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, …
AS 45.50.592 Investigatory demand for documentary evidence.
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(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…