TITLE 39

HEALTH AND SAFETY

CHAPTER 87

IDAHO COMMONSENSE CONSUMPTION ACT

39-8705.  Pleading requirements. (1) In any action exempted pursuant to section 39-8703(1), Idaho Code, the complaint initiating such action shall state with particularity the following:

(a)  The statute, rule, regulation or other law of Idaho or the United States that was allegedly violated;

(b)  The facts that are alleged to constitute a material violation of such law; and

(c)  The facts that are alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.

(2)  In any action exempted pursuant to section 39-8703(2), Idaho Code, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was done with the intent to deceive or injure consumers or with actual knowledge that such violation was injurious to consumers.

History:

[39-8705, added 2004, ch. 380, sec. 1, p. 1142.]