Title 48 — MONOPOLIES AND TRADE PRACTICES

48-907. Effect and admissibility of decision by informal dispute settlement mechanism. The decision issued in an informal dispute settlement mechanism required by this chapter is nonbinding on the parties involved, unless otherwise agreed by the parties. Any party, upon applicati…

48-908. Treble damages for bad faith appeal of decision. If the district court finds that a party has removed a decision of an informal dispute settlement mechanism in bad faith, by asserting a claim or defense that is frivolous and costly to the other party, or by asserting an u…

48-909. Civil remedy. Any consumer injured by a violation of this chapter may bring a civil action to enforce this chapter and recover costs and disbursements, including reasonable attorney’s fees incurred in the civil action. However, the provisions of this section do not includ…

48-910. Limitation on actions. A civil action brought under this chapter must be commenced within three (3) years of the date of original delivery of the new motor vehicle to a consumer, except that if the consumer applies to an informal dispute settlement mechanism within three …

48-911. Remedy nonexclusive. Nothing in this chapter limits the rights or remedies which are otherwise available to a consumer under any other law.

48-912. Disclosure requirement. In addition to any investigative powers authorized by law, the attorney general may inspect the records of the informal dispute settlement mechanism upon reasonable notice, during regular business hours, and may make available to the public informa…

48-913. Dealer liability. Nothing in this chapter imposes liability on a dealer or creates an additional cause of action by a consumer against a dealer, except for written express warranties made by the dealer apart from the manufacturer’s warranties. The manufacturer shall not c…

48-1001. Legislative findings and intent. (1) The use of telephones for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but also entails special risks and the potential for abuse. Many Idaho residents and businesses have lost mone…

48-1002. Definitions. In this chapter: (1) "Business days" means all days of the week except Saturdays and Sundays and all other legal holidays as defined in section 73-108, Idaho Code. (2) "Conducting business" means making telephone solicitations either to or from locations wit…

48-1003. Unlawful acts. (1) It is an unlawful act for a telephone solicitor to: (a) Intimidate or torment any person of normal and reasonable sensitivities in connection with a telephone solicitation; (b) Refuse to hang up and free the purchaser’s line immediately once requested …

48-1003A. No telephone solicitation contact list. (1) (a) Any Idaho residential, mobile or telephonic paging device telephone subscriber desiring to be placed on the Idaho "no telephone solicitation contact" list, indicating that the subscriber does not wish to receive telephone …

48-1003B. Consent required for telemarketing charges to previously obtained accounts. (1) As used in this section: (a) "Account" means a credit card, debit card, checking account, savings account, loan account, telephone service account, utility account or other similar account. …

48-1003C. Automatic dialing-announcing device. (1) When a person intends to utilize an automatic dialing-announcing device to send a message by using or connecting to a telephone line, the person must, at the outset of the message, disclose the following: (a) The name of the pers…

48-1004. Telephone solicitor duties. (1) Telephone solicitors shall: (a) Register with the attorney general at least ten (10) days prior to conducting business in Idaho. All registrations shall be valid for a period of one (1) year from the effective date of the registration. Any…

48-1005. Exemptions. (1) The following telephone solicitors are exempt from the provisions of section 48-1004, Idaho Code: (a) A person engaging in telephone solicitations where: (i) The solicitation is an isolated transaction and not done in the course of a pattern of repeated t…

48-1006. Authority of the attorney general and district court. (1) The attorney general and the district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district courts under the Idaho consume…

48-1007. Private causes of action and remedies. (1) Any person who purchases goods or services pursuant to a telephone solicitation and thereby suffers damages as a result of any act, conduct, or practice declared unlawful in this chapter shall have the same rights and remedies i…

48-1008. Liability of minors. (1) Any minor who purchases goods or services pursuant to any telephone solicitation may disaffirm the purchase within a reasonable time after the purchase is made. (2) No parent or legal guardian, having legal custody of a minor who is a purchaser p…

48-1009. Consumer notification — Rule making by the Idaho public utilities commission. (1) Telephone corporations providing basic local exchange service, as defined in section 62-603, Idaho Code, shall inform customers of the provisions of this chapter. Publication of such notifi…

48-1010. Limitation of action. (1) No private action may be brought under the provisions of this chapter more than two (2) years after the cause of action accrues. (2) A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of this…

48-1101. Legislative findings and intent. (1) The use of pay-per-telephone call services for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but also entails special risks and the potential for abuse. Many consumers of goods and s…

48-1102. Definitions. In this chapter: (1) "Adult entertainment pay-per-telephone call" means any pay-per-telephone call service that is of a sexually prurient nature. For the purpose of this section, sexually prurient is any comment, request, suggestion, proposal, image, or othe…

48-1103. Preamble message. (1) An information provider that offers pay-per-telephone call services in this state shall include at the beginning of its service a preamble message. No preamble message shall be required for pay-per-telephone call service for which the total charge f…

48-1104. Advertisements. (1) If the total charge for the pay-per-telephone call service is more than two dollars ($2.00), advertisements by information providers for pay-per-telephone call services must clearly and conspicuously disclose, as that term is defined by the Idaho cons…

48-1105. Remedies. (1) When an information provider has failed to comply with any provision of this chapter, any obligation by a consumer that may have arisen from the dialing of a pay-per-telephone call service is void and unenforceable. (2) Any failure to comply with any provis…

48-1106. Authority of the attorney general and district court. The attorney general and district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district court under the Idaho consumer protect…

48-1107. Limitations of action. (1) No private action may be brought under the provisions of this chapter more than two (2) years after the cause of action accrues. (2) A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of thi…

48-1108. Adult entertainment pay-per-telephone calls. (1) Except as provided in subsection (2) of this section, no charge of any nature for any adult entertainment pay-per-telephone call is valid and enforceable unless the consumer has first entered into a presubscription or comp…

48-1201. Legislative findings and intent. (1) The incidents of deceptive collection of funds in the name of charities are increasing in Idaho. Many generous Idahoans and legitimate charities suffer financial losses because of misrepresentations and failures to disclose material f…

48-1202. Definitions. In this chapter: (1) "Charitable organization" means: (a) Any person determined by the Internal Revenue Service to be tax exempt pursuant to section 501(c)(3) of the Internal Revenue Code; or (b) Any person who is or who holds himself out to be established f…

48-1203. Unlawful acts. (1) It is unlawful for any person, except a religious corporation, a religious association, a religious educational institution or a religious society, in the planning, conduct or execution of any charitable solicitation, to utilize any unfair, false, dece…

48-1204. Authority of the attorney general and district court. (1) The attorney general and the district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district courts under the Idaho consume…

48-1205. Private causes of action and remedies. (1) Any person who, pursuant to a charitable solicitation, suffers damages as a result of any act, conduct, or practice declared unlawful under the provisions of this chapter, shall have the same rights and remedies in seeking and o…

48-1206. Limitation of action. (1) No private action may be brought under the provisions of this chapter more than two (2) years after the cause of action accrues. (2) A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of this…

48-1301. Short title. This act shall be known and may be cited as the "Music Licensing and Copyright Enforcement Act of 1996."

48-1302. Definitions. As used in this chapter: (1) "Copyright owner" means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States pursuant to title 17 of the United States Code, P.L. 94-553 (17 U.…

48-1303. Notice and information to be provided. No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless it agrees to provide to the proprietor upon request at the proprietor’s place of business, by elec…

48-1304. Royalty contract requirements. Every contract for the payment of royalties between a proprietor and a performing rights society executed, issued or renewed in the state on or after July 1, 1996 shall be: (1) In writing; (2) Signed by the parties; (3) Written to include, …

48-1305. Prohibited conduct. No performing rights society or any agent or employee thereof shall: (1) Enter onto the premises of a proprietor’s business for the purpose of discussing or inquiring about a contract for the payment of royalties with the proprietor or his employees, …

48-1306. Remedies — Injunction. Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney’s fees and seek an injunction or any other remedy available at law or in equity.

48-1307. Remedies cumulative. The rights, remedies and prohibitions contained in this chapter shall be in addition to and cumulative to any other right, remedy or prohibition accorded by common law, federal law or the statutes of the state, and nothing contained in this chapter s…

48-1308. Exceptions. This chapter shall not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the federal communications commission, or to contracts with cable operators, programmers or other transmission services. Nor shall t…

48-1401. Short title. This chapter governing the sale of assistive technology devices may be cited as the "Assistive Technology Warranty Act."

48-1402. Definitions. As used in this chapter: (1) "Assistive device" is an item, piece of equipment, or product system that is designated and used to increase, maintain or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking,…

48-1403. Express warranties. (1) A manufacturer who sells or leases a new assistive device to a consumer, either directly or through an assistive device dealer or lessor, shall furnish the consumer with an express warranty to preserve or maintain the utility or performance of the…

48-1404. Assistive device replacement or refund. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out, at the option of the consumer, the requirements under subsection (1)(a) or (b) or (2) of this section, whichever is appr…

48-1405. Nonconformity disclosure requirement. No assistive device returned by a consumer or assistive device lessor in this state or another state may be sold or leased in this state unless full disclosure of the reason for return is made to the prospective buyer or lessee.

48-1406. Manufacturer’s duty to provide reimbursement for temporary replacement of assistive devices and penalties. (1) Whenever an assistive device covered by manufacturer’s express warranty is tendered by a consumer to a dealer from whom it was purchased or exchanged for the re…

48-1407. Enforcement. (1) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of the chapter in the district court of the county where the consumer resides or where the manufacturer resides or has its principal…

48-1501. Legislative findings and intent. (1) Nonprofit hospitals hold assets in charitable trust, and are dedicated to the specific charitable purposes set forth in the articles of incorporation of the nonprofit corporations or governing papers of the nonprofit entities operatin…