2005 Legislation
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SENATE BILL NO. 1051 – Telephone company, consumr protectn

SENATE BILL NO. 1051

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Bill Status



S1051..........................................................by SCHROEDER
TELEPHONE COMPANY - CONSUMER PROTECTION - Adds to existing law to authorize
a private action under the Consumer Protection Act if a person has been
aggrieved by a telephone company, telephone carrier or cellular phone
company.
                                                                        
01/21    Senate intro - 1st rdg - to printing
01/24    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1051
                                                                        
                                        BY SCHROEDER
                                                                        
  1                                        AN ACT
  2    RELATING TO CONSUMER PROTECTION; AMENDING CHAPTER 6, TITLE 48, IDAHO CODE,  BY
  3        THE  ADDITION OF A NEW SECTION 48-620, IDAHO CODE, TO PROVIDE A CONSUMER'S
  4        ACTION AND RELIEF IF THE CONSUMER IS A TELEPHONE CUSTOMER AND  TO  PROVIDE
  5        FOR  VENUE, COURT COSTS AND ATTORNEY'S FEES; AND AMENDING CHAPTER 6, TITLE
  6        48, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 48-621,  IDAHO  CODE,  TO
  7        PROVIDE  FOR  A CLASS ACTION BY CONSUMERS REGARDING ACTIONS BY A TELEPHONE
  8        COMPANY, CARRIER OR CELLULAR PHONE COMPANY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Chapter 6, Title 48, Idaho Code,  be,  and  the  same  is
 11    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 12    ignated as Section 48-620, Idaho Code, and to read as follows:
                                                                        
 13        48-620.  CONSUMER'S ACTION -- RELIEF -- TELEPHONE CUSTOMERS  --  VENUE  --
 14    COURT  COSTS  AND  ATTORNEY'S  FEES.  (1) Any consumer of a telephone company,
 15    telephone carrier or cellular phone company who suffers any damage as a result
 16    of the use or employment by any person of a method, act or  practice  declared
 17    to  be  unlawful  pursuant to section 48-603D, Idaho Code, may bring an action
 18    against such person to recover or obtain any of the following:
 19        (a)  Actual damages, but in no case shall the total award of damages in  a
 20        class action be less than one thousand dollars ($1,000);
 21        (b)  An order enjoining such methods, acts or practices;
 22        (c)  Restitution of property;
 23        (d)  Punitive damages;
 24        (e)  Any other relief which the court deems proper.
 25        (2)  Any consumer who is sixty-five (65) years of age or older or is hand-
 26    icapped  as defined in section 67-6902, Idaho Code, as part of an action under
 27    subsection (1) of this section may seek and be awarded,  in  addition  to  the
 28    remedies  specified  therein  up  to  five thousand dollars ($5,000) where the
 29    court finds that the consumer has suffered substantial physical, emotional  or
 30    economic  damage  from  the  defendant's conduct, makes an affirmative finding
 31    that the defendant's conduct was willful and finds that an additional award is
 32    appropriate. Judgment in a class action  pursuant  to  section  48-621,  Idaho
 33    Code,  by persons sixty-five (65) years of age or older or handicapped persons
 34    may award each class member an additional award where the court has  made  the
 35    foregoing findings.
 36        (3)  An  action  under  subsection  (1) or (2) of this section may be com-
 37    menced in the county in which the person against whom it is  brought  resides,
 38    has  his  principal  place of business, or is doing business, or in the county
 39    where the transaction or any substantial portion thereof occurred.
 40        (4)  Any permanent injunction, judgment or order of the court  made  under
 41    section  48-606,  Idaho  Code,  shall  be  admissible as evidence in an action
 42    brought under this section, that the defendant used or employed a method,  act
 43    or practice declared unlawful by this section.
                                                                        
                                           2
                                                                        
  1        (5)  The court shall award court costs and attorney's fees to a prevailing
  2    plaintiff  in  litigation  filed  pursuant  to this section or to a prevailing
  3    defendant if it finds that the plaintiff's action is spurious or  brought  for
  4    harassment purposes only.
  5        (6)  Upon commencement of any action brought under this section, the clerk
  6    of  the  court shall mail a copy of the complaint or other initial pleading to
  7    the attorney general, and, upon entry of any judgment or decree in the action,
  8    shall mail a copy of such judgment or decree to the attorney general.
                                                                        
  9        SECTION 2.  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 48-621, Idaho Code, and to read as follows:
                                                                        
 12        48-621.  CONSUMER'S CLASS ACTION -- CONDITIONS -- NOTICES -- JUDGMENT. (1)
 13    Any consumer entitled to bring an action under  section  48-620,  Idaho  Code,
 14    may,  if  the unlawful method, act or practice has caused damage to other con-
 15    sumers similarly situated, bring an action on behalf of himself and other con-
 16    sumers to recover damages or  obtain  other  relief  as  provided  in  section
 17    48-620, Idaho Code.
 18        (2)  The  court  shall  permit  the suit to be maintained on behalf of all
 19    members of the represented class if all of the following conditions exist:
 20        (a)  It is impracticable to bring all members  of  the  class  before  the
 21        court;
 22        (b)  The  questions  of  law or fact common to the class are substantially
 23        similar and predominate over the questions affecting the  individual  mem-
 24        bers;
 25        (c)  The  claims  or defenses of the representative plaintiffs are typical
 26        of the claims or defenses of the class;
 27        (d)  The representative plaintiffs will fairly and adequately protect  the
 28        interests of the class.
 29        (3)  If  notice  of  the  time and place of the hearing is served upon the
 30    other parties at least ten (10) days prior thereto, the  court  shall  hold  a
 31    hearing,  upon motion of any party to the action which is supported by affida-
 32    vit of any person or persons having knowledge of the facts,  to  determine  if
 33    any of the following apply to the action:
 34        (a)  A class action pursuant to subsection (2) of this section is proper;
 35        (b)  Published notice pursuant to subsection (4) of this section is neces-
 36        sary to adjudicate the claims of the class;
 37        (c)  The action is without merit or there is no defense to the action.
 38        (4)  If  the  action  is permitted as a class action, the court may direct
 39    either party to notify each member of the  class  of  the  action.  The  party
 40    required to serve notice may, with the consent of the court, if personal noti-
 41    fication is unreasonably expensive or it appears that all members of the class
 42    cannot  be  notified  personally, give twenty (20) days' notice as provided in
 43    section 60-109, Idaho Code, in a  newspaper  of  general  circulation  in  the
 44    county in Idaho where the transaction occurred.
 45        (5)  The notice shall include the following:
 46        (a)  The  court  will  exclude the member notified from the class if he so
 47        requests by a specified date;
 48        (b)  The judgment, whether favorable or not, will include all members  who
 49        do not request exclusion.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14578

Amends Chapter 6, Title 48, Idaho Code, by the addition of a new
Section 48-620, Idaho Code, to provide a telephone customer
action and relief for venue, court costs and attorney's fees, for
the practice commonly known as "slamming"; and amends Chapter 6,
Title 48, Idaho Code, by addition of a new Section 48-621, Idaho
Code, to provide for a class action by consumers regarding
actions by a telephone company, carrier or cellular phone
company, for the practice commonly know as "slamming".



                           FISCAL NOTE

None


Contact
Name:  Senator Gary Schroeder 
Phone: 208-332-1324


STATEMENT OF PURPOSE/FISCAL NOTE                   S 1051