TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 10

IDAHO TELEPHONE SOLICITATION ACT

48-1006.  Authority of the attorney general and district court. (1) The attorney general and the district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district courts under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

(2)  All penalties, costs and fees received or recovered by the attorney general shall be remitted to the consumer protection account and expended pursuant to subsection (5) of section 48-606, Idaho Code.

(3)  The attorney general shall also have the following authority:

(a)  To require the registering telephone solicitor to submit information necessary to assist the attorney general in enforcing the provisions of this section;

(b)  To require each registering telephone solicitor to remit a registration fee of fifty dollars ($50.00) or a registration renewal fee of twenty-five dollars ($25.00);

(c)  To send to each registrant a certificate or other appropriate document demonstrating registration compliance which shall be prominently posted in a publicly accessible place at the telephone solicitor’s principal business location; and

(d)  To accept service for those telephone solicitors who are required to register and appoint the attorney general as agent to receive civil process. Service may be effected by leaving a copy of the summons and complaint in the office of the attorney general, but it is not effective and complete until five (5) days after:

(i)   The plaintiff forthwith sends notice of the service and a copy of the summons and complaint by registered mail to the telephone solicitor at its last address on file with the attorney general; and

(ii)  The plaintiff files an affidavit of compliance with the provisions of this section with the district court.

History:

[48-1006, added 1992, ch. 27, sec. 1, p. 87.]