TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 6

CONSUMER PROTECTION ACT

48-603.  Unfair methods and practices. The following unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful, where a person knows, or in the exercise of due care should know, that he has in the past, or is:

(1)  Passing off goods or services as those of another;

(2)  Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(3)  Causing likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another;

(4)  Using deceptive representations or designations of geographic origin in connection with goods or services;

(5)  Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, connection, qualifications or license that he does not have;

(6)  Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(7)  Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(8)  Disparaging the goods, services, or business of another by false or misleading representation of fact;

(9)  Advertising goods or services with intent not to sell them as advertised;

(10) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(11) Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;

(12) Obtaining the signature of the buyer to a contract when it contains blank spaces to be filled in after it has been signed;

(13) Failing to deliver to the consumer at the time of the consumer’s signature a legible copy of the contract or of any other document that the seller or lender has required or requested the buyer to sign, and that he has signed, during or after the contract negotiation;

(14) Making false or misleading statements of fact concerning the age, extent of use, or mileage of any goods;

(15) Promising or offering to pay, credit or allow to any buyer or lessee any compensation or reward in consideration of his giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease;

(16) Representing that services, replacements or repairs are needed if they are not needed, or providing services, replacements or repairs that are not needed;

(17) Engaging in any act or practice that is otherwise misleading, false, or deceptive to the consumer;

(18) Engaging in any unconscionable method, act or practice in the conduct of trade or commerce, as provided in section 48-603C, Idaho Code, provided, however, that the provisions of this subsection shall not apply to a regulated lender as that term is defined in section 28-41-301, Idaho Code;

(19) (a) Taking advantage of a disaster or emergency declared by the governor under chapter 10, title 46, Idaho Code, or the president of the United States under the provisions of the disaster relief act of 1974, 42 U.S.C. 5121 et seq., by selling or offering to sell fuel or food, pharmaceuticals, or water for human consumption at an exorbitant or excessive increased price to the ultimate consumer; provided however, this subsection shall apply only to the location and for the duration of the declaration of emergency. In determining whether an increase in price to the ultimate consumer is exorbitant or excessive, the court shall consider an increase in the price of goods sold but shall not consider any increase in the margin earned through such sales and, with respect to price increases, shall take into consideration the facts and circumstances, including but not limited to:

(i)   The increased price, if any, for which the alleged violator sold fuel, food, pharmaceuticals, or water to the ultimate consumer before and after the period specified by the disaster or emergency declaration;

(ii)  Additional costs of doing business incurred by the alleged violator and increased prices due to loss of sales or volume sold because of the disaster or emergency; and

(iii) The duration of the disaster or emergency declaration.

(b)  Notwithstanding anything to the contrary contained elsewhere in this chapter, no private cause of action exists under this subsection.

History:

[48-603, added 1971, ch. 181, sec. 4, p. 847; am. 1973, ch. 285, sec. 2, p. 601; am. 1990, ch. 273, sec. 2, p. 767; am. 2002, ch. 358, sec. 1, p. 1016; am. 2002, ch. 361, sec. 2, p. 1019; am. 2013, ch. 54, sec. 16, p. 122; am. 2021, ch. 57, sec. 1, p. 184.]