2005 Idaho Code - 48-603 — UNFAIR METHODS AND PRACTICES

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 6
                           CONSUMER PROTECTION ACT
    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 the past, or is:
    (1)  Passing off goods or services as those of another;
    (2)  Causing likelihood of confusion or of misunderstanding as to the
source, sponsorship, approval, or certification of goods or services;
    (3)  Causing likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with, or certification by, another;
    (4)  Using deceptive representations or designations of geographic origin
in connection with goods or services;
    (5)  Representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits, or quantities that they do not
have or that a person has a sponsorship, approval, status, affiliation,
connection, qualifications or license that he does not have;
    (6)  Representing that goods are original or new if they are deteriorated,
altered, reconditioned, reclaimed, used, or secondhand;
    (7)  Representing that goods or services are of a particular standard,
quality, or grade, or that goods are of a particular style or model, if they
are of another;
    (8)  Disparaging the goods, services, or business of another by false or
misleading representation of fact;
    (9)  Advertising goods or services with intent not to sell them as
advertised;
    (10) Advertising goods or services with intent not to supply reasonably
expectable public demand, unless the advertisement discloses a limitation of
quantity;
    (11) Making false or misleading statements of fact concerning the reasons
for, existence of, or amounts of price reductions;
    (12) Obtaining the signature of the buyer to a contract when it contains
blank spaces to be filled in after it has been signed;
    (13) Failing to deliver to the consumer at the time of the consumer's
signature a legible copy of the contract or of any other document which the
seller or lender has required or requested the buyer to sign, and which he has
signed, during or after the contract negotiation;
    (14) Making false or misleading statements of fact concerning the age,
extent of use, or mileage of any goods;
    (15) Promising or offering to pay, credit or allow to any buyer or lessee,
any compensation or reward in consideration of his giving to the seller or
lessor the names of prospective purchasers or lessees, or otherwise aiding the
seller or lessor in making a sale or lease to another person, if the earning
of the rebate, discount or other value is contingent upon the occurrence of an
event subsequent to the time the buyer or lessee agrees to buy or lease;
    (16) Representing that services, replacements or repairs are needed if
they are not needed, or providing services, replacements or repairs that are
not needed;
    (17) Engaging in any act or practice which is otherwise misleading, false,
or deceptive to the consumer;
    (18) Engaging in any unconscionable method, act or practice in the conduct
of trade or commerce, as provided in section 48-603C, Idaho Code, provided,
however, that the provisions of this subsection shall not apply to a regulated
lender as that term is defined in subsection (37) of section 28-41-301, Idaho
Code;
    (19) Taking advantage of a disaster or emergency declared by the governor
under chapter 10, title 46, Idaho Code, or the president of the United States
under the provisions of the disaster relief act of 1974, 42 U.S.C. section
5121 et seq., by selling or offering to sell to the ultimate consumer fuel or
food, pharmaceuticals, or water for human consumption at an exorbitant or
excessive price; provided however, this subsection shall apply only to the
location and for the duration of the declaration of emergency. In determining
whether a price is exorbitant or excessive, the court shall take into
consideration the facts and circumstances including, but not limited to:
    (a)  A comparison between the price paid by the alleged violator for the
    fuel, food, pharmaceuticals, or water and the price for which the alleged
    violator sold those same items to the ultimate consumer immediately before
    and after the period specified by the disaster or emergency declaration;
    (b)  Additional costs of doing business incurred by the alleged violator
    because of the disaster or emergency;
    (c)  The duration of the disaster or emergency declaration.
Notwithstanding anything to the contrary contained elsewhere in the act, no
private cause of action exists under this subsection.

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