2005 Idaho Code - 48-1108 — ADULT ENTERTAINMENT PAY-PER-TELEPHONE CALLS

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 11
                       IDAHO PAY-PER-TELEPHONE CALL ACT
    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 comparable agreement to
purchase the adult entertainment pay-per-telephone call.  Any adult
entertainment pay-per-telephone call charges incurred absent a presubscription
or comparable agreement are void and unenforceable.
    (2)  The second and successive time a consumer receives a telephone bill
that includes charges for an adult entertainment pay-per-telephone call, the
charges, if incurred absent a presubscription or comparable agreement, are
void and unenforceable if:
    (a)  The charges were incurred as the result of third-party fraud; or
    (b)  The bill is sent to the consumer by a telephone corporation as a
    holder in due course and, upon written notification to the applicable
    telephone corporation of the disputed charge, the telephone corporation is
    able to recourse the bill back to the information provider or its agent.
    (3)  Any information provider which, on its own, or through an agent,
assign, or successor who seeks to collect a charge of any nature for an adult
entertainment pay-per-telephone call that does not have a presubscription or
comparable agreement evidencing the consumer's agreement to purchase the call,
has committed an unfair, unlawful and deceptive act or practice in trade and
commerce for purposes of applying the Idaho consumer protection act, chapter
6, title 48, Idaho Code.