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H0239................................by JUDICIARY, RULES AND ADMINISTRATION
NAMES - TRANSFERRED WITHOUT AUTHORIZATION - Adds to existing law to provide
that persons whose names are transferred by other persons for consideration
without prior authorization shall receive ten percent of the value of the
consideration; to provide for a private cause of action; and to provide
application.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 239
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE CONSUMER PROTECTION ACT; AMENDING CHAPTER 6, TITLE 48, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 48-603F, IDAHO CODE, TO PROVIDE
4 THAT PERSONS WHOSE NAMES ARE TRANSFERRED BY OTHER PERSONS FOR CONSIDER-
5 ATION WITHOUT PRIOR AUTHORIZATION SHALL RECEIVE TEN PERCENT OF THE VALUE
6 OF THE CONSIDERATION, TO PROVIDE FOR A PRIVATE CAUSE OF ACTION AND TO PRO-
7 VIDE FOR PROSPECTIVE APPLICATION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 6, Title 48, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 48-603F, Idaho Code, and to read as follows:
12 48-603F. SALE OF NAMES. (1) If any person sells, rents, exchanges or
13 otherwise transfers for consideration the name of another person without that
14 person's prior authorization, the person receiving the consideration shall pay
15 a sum representing ten percent (10%) of the value of the consideration to the
16 person whose name was transferred.
17 (2) (a) In addition to any proceedings brought by the attorney general
18 pursuant to section 48-606, Idaho Code, any person whose name has been
19 sold, rented, exchanged or otherwise transferred for consideration by
20 another person without prior authorization may bring an action to recover
21 a sum representing ten percent (10%) of the value of the consideration.
22 (b) An action brought under subsection (1) of this section may be brought
23 in the county in which the person against whom it is brought resides, has
24 his principal place of business, is doing business, or in the county where
25 the transaction or any substantial portion of the transaction occurred.
26 (c) Costs shall be allowed to the prevailing party unless the court
27 otherwise directs. In any action brought by a person under this section,
28 the court shall award, in addition to the relief provided in this section,
29 reasonable attorney's fees to the plaintiff if he prevails. The court in
30 its discretion may award attorney's fees to a prevailing defendant if the
31 court finds that the plaintiff's action is spurious or brought for harass-
32 ment purposes only.
33 (3) The provisions of this section shall apply only to those sales,
34 rents, exchanges or other transfers, as set forth in subsection (1) of this
35 section, occurring after July 1, 2001.
STATEMENT OF PURPOSE
RS 10665C1
The purpose of this legislation is to allow each person whose name is
sold or transferred for consideration without prior authorization to
be reimbursed at the rate of 10% of the value of the consideration.
This legislation also allows authorization for private litigation in
the event of non compliance.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
Contact
Name: Chuck Cuddy
Phone: 208 332 1235