Title 48, MONOPOLIES AND TRADE PRACTICES

48-601. Short title and purpose. This act shall be known and may be cited as the "Idaho consumer protection act". The purpose of this act is to protect both consumers and businesses against unfair methods of competition and unfair or deceptive acts and practices in the conduct of…

48-602. Definitions. As used in this act: (1) "Person" means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, trusts, business entities, and any other legal entity, or a…

48-603. Unfair methods and practices. The following unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful, where a person knows, or in the exercise of due care should know, that he has in…

48-603A. Unfair solicitation practices. (1) It is unlawful for any person to solicit a sale or order for sale of goods or services at other than appropriate trade premises, in person or by means of telephone, without clearly, affirmatively and expressly revealing at the time the …

48-603B. Unfair tax return preparation practices. (1) As used in this section, unless the context otherwise requires: (a) "Tax preparer" means a person who, for a fee, engages in the business of assisting with, or preparing, federal, state, or local government income tax returns.…

48-603C. Unconscionable methods, acts or practices. (1) Any unconscionable method, act or practice in the conduct of any trade or commerce violates the provisions of this chapter whether it occurs before, during, or after the conduct of the trade or commerce. (2) In determining w…

48-603D. Unfair telephone services — Unordered goods and services — Disclosure to consumers. (1) As used in this section: (a) "Telecommunications provider" means a person that provides telecommunications service. (b) "Telecommunications service" means the offering for sale of the…

48-603E. Unfair bulk electronic mail advertisement practices. (1) For purposes of this section, unless the context otherwise requires: (a) "Bulk electronic mail advertisement" means an electronic message, containing the same or similar advertisement, which is contemporaneously tr…

48-603F. mortgage loan modification fees. (1) For purposes of this section, unless the context otherwise requires: (a) "Fee" means any item of value including, but not limited to, goods or services. (b) "Loan modification activities" is defined in section 26-31-201(3), Idaho Code…

48-603G. Cancellation of subscriptions. (1) For purposes of this section, unless the context otherwise requires: (a) "Automatic subscription renewal" means an agreement entered into via the internet to provide goods or services to an Idaho consumer for a specified time and price …

48-603H. veterans benefits consumer protections. (1) As used in this section: (a) "Compensation" means a payment of any money, thing of value, or financial benefit. (b) "Veterans benefits matter" means the preparation, presentation, or prosecution of, or advertising or consulting…

48-604. Intent of legislature — Attorney general to make rules and regulations. (1) It is the intent of the legislature that in construing this act due consideration and great weight shall be given to the interpretation of the federal trade commission and the federal courts relat…

48-605. Exceptions to chapter. Nothing in this act shall apply to: (1) Actions or transactions permitted under laws administered by the state public utility commission or other regulatory body or officer acting under statutory authority of this state or the United States. (2) Act…

48-606. Proceedings by attorney general. (1) Whenever the attorney general has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by this chapter to be unlawful, and that proceedings would be in the public interest, he ma…

48-607. Additional relief by court authorized. In any action brought by the attorney general, wherein the state prevails, the court shall, in addition to the relief granted pursuant to section 48-606, Idaho Code, award reasonable costs, investigative expenses and attorney’s fees …

48-608. Loss from purchase or lease — Actual and punitive damages. (1) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act o…

48-610. Voluntary compliance — District court approval. (1) In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be violative of the provisions of this chapter from any pe…

48-611. Investigative demand by attorney general — Report required. (1) When the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this act, he may execute in writing and ca…

48-612. Additional powers of attorney general. To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred upon him by this chapter, may issue subpoenas to any person and conduct hearings in aid …

48-613. Service of notice. Service of any notice, demand or subpoena under this act shall be made personally within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner: (1) Personal service thereof without this state; or (2…

48-614. Failure to obey attorney general — Application to district court. (1) If any person fails or refuses to file any statement or report, or obey any subpoena or investigative demand issued by the attorney general, the attorney general may, after notice, apply to a district c…

48-615. Violation of injunction — Civil penalty. Any person who violates the terms of an injunction issued or consent order entered into pursuant to section 48-606, Idaho Code, or an order entered into pursuant to section 48-614, Idaho Code, shall forfeit and pay to the state a c…

48-616. Forfeiture of corporate franchise. Upon petition by the attorney general, the district court of the county in which the principal place of business of the corporation is located may, in its discretion, order the dissolution or suspension or forfeiture of franchise of any …

48-617. Local law enforcement officials — Duties. It shall be the duty of local law enforcement officials to provide the attorney general such assistance as the attorney general may request in the investigation, commencement and prosecution of actions pursuant to this chapter.

48-618. Construction of chapter. This act is to be construed uniformly with federal law and regulations. In any action instituted under this act it shall be an absolute defense to show the challenged practices are subject to and comply with statutes administrated by the federal t…

48-619. Limitation of action. No private action may be brought under this act more than two (2) years after the cause of action accrues.