Title 48 — MONOPOLIES AND TRADE PRACTICES
19 chapters · 203 sections in this title.
Idaho Code § 48-601 Short title and purpose
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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…
Idaho Code § 48-602 Definitions
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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…
Idaho Code § 48-603 Unfair methods and practices
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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…
Idaho Code § 48-603A Unfair solicitation practices
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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 …
Idaho Code § 48-603B Unfair tax return preparation practices
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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.…
Idaho Code § 48-603C Unconscionable methods, acts or practices
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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…
Idaho Code § 48-603D Unfair telephone services — Unordered goods and services — Disclosure to consumers
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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…
Idaho Code § 48-603E Unfair bulk electronic mail advertisement practices
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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…
Idaho Code § 48-603F mortgage loan modification fees
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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…
Idaho Code § 48-603G Cancellation of subscriptions
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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 …
Idaho Code § 48-604 Intent of legislature — Attorney general to make rules and regulations
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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…
Idaho Code § 48-605 Exceptions to chapter
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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…
Idaho Code § 48-606 Proceedings by attorney general
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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…
Idaho Code § 48-607 Additional relief by court authorized
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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 …
Idaho Code § 48-608 Loss from purchase or lease — Actual and punitive damages
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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…
Idaho Code § 48-610 Voluntary compliance — District court approval
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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…
Idaho Code § 48-611 Investigative demand by attorney general — Report required
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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…
Idaho Code § 48-612 Additional powers of attorney general
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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 …
Idaho Code § 48-613 Service of notice
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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…
Idaho Code § 48-614 Failure to obey attorney general — Application to district court
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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…
Idaho Code § 48-615 Violation of injunction — Civil penalty
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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…
Idaho Code § 48-616 Forfeiture of corporate franchise
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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 …
Idaho Code § 48-617 Local law enforcement officials — Duties
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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.
Idaho Code § 48-618 Construction of chapter
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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…
Idaho Code § 48-619 Limitation of action
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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.