Idaho Code § 48-1404 — Idaho Code / Title 48 / Chapter 14 / Section 48-1404
48-1404 ASSISTIVE DEVICE REPLACEMENT OR REFUND.
Status: in_force

48-1404. Assistive device replacement or refund. If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out, at the option of the consumer, the requirements under subsection (1)(a) or (b) or (2) of this section, whichever is appropriate.

(1) To provide for refunds, at the request of the consumer, the manufacturer shall do one (1) of the following:

(a) Accept return of the assistive device and refund to the consumer and to a holder of a perfected security interest in the consumer's assistive device, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use; or

(b) Accept return of the assistive device, refund to the assistive device lessor and the holder of a perfected security interest in the assistive device, as their interest may appear, the current value of a written lease and refund to the consumer the amount that the consumer paid under the written lease plus collateral costs, less a reasonable allowance for use.

(2) The manufacturer shall provide a comparable new assistive device replacing the device having the nonconformity. To receive a comparable new assistive device, the consumer shall offer to transfer possession of the assistive device to the manufacturer of the assistive device having the nonconformity. No later than thirty (30) days after that offer, the manufacturer shall provide the consumer with the comparable new assistive device or a refund, and the consumer shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.

(3) If, after a reasonable attempt to repair, the nonconformity is not repaired, an assistive device lessor shall receive a refund from the manufacturer. To receive a refund, the assistive device lessor shall offer to transfer possession of a nonconforming assistive device to its manufacturer. No later than thirty (30) days after that offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.

(4) Under this section, the current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the assistive device lessor's early termination savings.

(5) Under this section, a reasonable allowance for use may not exceed the amount obtained by multiplying the total amount the consumer paid or for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand eight hundred twenty-five (1,825) and the numerator of which is the number of days that the consumer used the assistive device before first reporting the nonconformity to the manufacturer, assistive device lessor or assistive device dealer.

(6) No person may enforce the lease against the consumer after the consumer receives a refund.

History:

[48-1404, added 1997, ch. 276, sec. 1, p. 821.]
Idaho Code § 48-1306 — Idaho Code / Title 48 / Chapter 13 / Section 48-1306
48-1306 REMEDIES — INJUNCTION.
Status: in_force

48-1306. Remedies — Injunction. Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney's fees and seek an injunction or any other remedy available at law or in equity.

History:

[48-1306, added 1996, ch. 330, sec. 1, p. 1125.]
Idaho Code § 48-313 — Idaho Code / Title 48 / Chapter 3 / Section 48-313
48-313 TIME EXTENSION FOR SERVICES PROVIDED PRIOR TO A CERTAIN DATE.
Status: in_force

48-313. time extension for services provided prior to a certain date. For goods or services provided to a patient prior to July 1, 2021, a party may take extraordinary collection action pursuant to section 48-306, Idaho Code, even if such party fails to satisfy the additional forty-five (45) and ninety (90) day time periods prescribed in that section, as long as all of the other requirements of section 48-306, Idaho Code, have been satisfied.

History:

[48-313, added 2021, ch. 13, sec. 1, p. 32.]
Idaho Code § 48-2104 — Idaho Code / Title 48 / Chapter 21 / Section 48-2104
48-2104 LIMITATIONS AND REQUIREMENTS FOR SOCIAL MEDIA ACCOUNTS FOR CHILDREN.
Status: in_force

48-2104. limitations and requirements for social media accounts for children.

(1)(a) A covered social media platform shall require applicants for an account to provide the applicant's birth date as part of the account application process.

(b) A covered social media platform shall not create or maintain an account for a child or change the terms and conditions of an account for a child without first obtaining verifiable parental consent. Such consent must be sufficient for the formation of a binding contract with a minor under ordinary principles of contract law under the laws of this state. Information collected for the purpose of obtaining verifiable parental consent shall not be used for any purpose other than obtaining verifiable parental consent and shall be deleted immediately after an attempt to obtain verifiable parental consent, except to the extent necessary to comply with any other applicable state or federal law or regulation.

(2)(a) An account for a child shall have all privacy settings set by default at the most private levels. A covered social media platform may not change the privacy settings of an account for a child without first obtaining verifiable parental consent for such change for as long as the account holder remains a child.

(b) In the course of obtaining verifiable parental consent for the establishment or continuation of an account for a child, a covered social media platform shall prominently provide and explain an option for the parent to make such consent conditional on receipt of a separate password that enables the parent to:

(i) Monitor the amount of time the child spends using the covered social media platform;

(ii) Set daily and weekly time limits on the use of the covered social media platform; and

(iii) Set limits on the times of day when the covered social media platform can be accessed by the child.

(3) A covered social media platform shall not present addictive interface features in the display or feed of any child.

(4) A covered social media platform shall not present profile-based paid commercial advertising in the display or feed of any child.

(5) A covered social media platform has a continuing obligation to terminate an account if the covered social media platform concludes, or obtains information from which it reasonably should conclude, pursuant to its obligations under section 48-2103, Idaho Code, that the account holder is a child, unless verifiable parental consent has been obtained for such account.

(6)(a) A covered social media platform shall terminate an account of a minor within seven (7) days after receipt of a request for termination from the account holder.

(b) A covered social media platform shall terminate the account of a minor within fourteen (14) days after receipt of a request for termination from a parent of the minor. Upon receipt of such a request, the covered social media platform shall verify that the requesting party is a parent of the account holder by whatever means of verification the covered social media platform uses for purposes of ascertaining the validity of verifiable parental consent.

(c) A covered social media platform shall provide clear, simple, and easy-to-locate means for the parent of any minor to request termination of such minor's account.

(7)(a) If a covered social media platform determines that it must terminate an account because the account holder has been classified as a child and verifiable parental consent has not been obtained, the covered social media platform shall notify the account holder of its intent to terminate the account within seven (7) days of making that determination and shall provide the reason therefor.

(b) A covered social media platform shall provide thirty (30) days from the date of such notice for the account holder to dispute the age classification and complete an age verification process or to provide verifiable parental consent.

(c) If an account holder disputes classification as a child, the covered social media platform may rely on any commercially reasonable age verification process to resolve the dispute. The covered social media platform shall make a reasonable determination of such dispute within thirty (30) days of the completion of such age verification.

(d) After considering a dispute and the result of any age verification, if a covered social media platform determines that it is obligated to terminate an account, it shall terminate that account within seven (7) days of making such determination.

History:

[48-2104, added 2026, ch. 268, sec. 1, p. 1131.]
Idaho Code § 48-517 — Idaho Code / Title 48 / Chapter 5 / Section 48-517
48-517 FEES.
Status: in_force

48-517. Fees. The secretary of state shall charge thirty dollars ($30.00) for the various applications and filing fees required in this chapter and for related services. The application fee payable herein shall be refunded if the registration for a mark is not granted.

History:

[48-517, added 1996, ch. 404, sec. 2, p. 1345; am. 1999, ch. 211, sec. 2, p. 563.]
Idaho Code § 48-602 — Idaho Code / Title 48 / Chapter 6 / Section 48-602
48-602 DEFINITIONS.
Status: in_force

48-602. Definitions. As used in this act:

(1) "Person" means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, trusts, business entities, and any other legal entity, or any other group associated in fact although not a legal entity or any agent, assignee, heir, employee, representative or servant thereof.

(2) "Trade" and "commerce" mean the advertising, offering for sale, selling, leasing, renting, collecting debts arising out of the sale or lease of goods or services or distributing goods or services, either to or from locations within the state of Idaho, or directly or indirectly affecting the people of this state.

(3) "Documentary material" means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, audio and/or visual recording, mechanical, photographic, or electronic transcription or other tangible document or recording.

(4) "Examination" of documentary material shall include the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgment in respect of any such documentary material or copy thereof.

(5) "Appropriate trade premises," mean premises at which either the owner or seller normally carries on a business, or where goods are normally offered or exposed for sale in the course of a business carried on at those premises.

(6) "Goods" mean any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, including certificates or coupons exchangeable for such goods.

(7) "Services" mean work, labor or any other act or practice provided or performed by a seller to or on behalf of a consumer.

(8) "Actions or transactions permitted under laws administered by a regulatory body or officer" mean specific acts, practices or transactions authorized by a regulatory body or officer pursuant to a contract, rule or regulation, or other properly issued order, directive or resolution.

(9) "Regulatory body or officer" means any person or governmental entity with authority to act pursuant to state of Idaho or federal statute.

History:

[48-602, added 1971, ch. 181, sec. 3, p. 847; am. 1973, ch. 285, sec. 1, p. 601; am. 1993, ch. 102, sec. 1, p. 256.]
Idaho Code § 48-2105 — Idaho Code / Title 48 / Chapter 21 / Section 48-2105
48-2105 REMEDIES AND ENFORCEMENT.
Status: in_force

48-2105. remedies and enforcement. (1) If a covered social media platform permits a child to open or continue an account on such platform in the absence of verifiable parental consent, then any purported contract pertaining to such account is invalid and unenforceable as contrary to public policy, including but not limited to any arbitration provision, limitation of liability, or limitation of remedies, regardless of whether such covered social media platform had actual or constructive knowledge that the account holder was a child.

(2)(a) A child or parent shall have a private right of action for declaratory or injunctive relief, damages, including harm to mental health and emotional distress, court costs and reasonable attorney's fees, and any other appropriate relief as a result of any negligent, reckless, or knowing violation of the provisions of this chapter.

(b) Where a covered social media platform's violation was reckless or knowing, a child or parent who prevails on a claim based on any violation of this chapter shall be entitled to recover actual damages established at trial or ten thousand dollars ($10,000) in statutory damages, whichever is greater.

(c) Where a covered social media platform's violation was part of a consistent pattern of reckless or knowing conduct, punitive damages may be awarded.

(d) A covered social media platform shall not be liable for any violation of this chapter if it has used reasonable means and reasonable efforts, taking into consideration available technology and the data in possession of the covered social media platform, to comply with the requirements of this chapter.

(e) A civil action for damages for a violation of this chapter must be brought within three (3) years of the date the plaintiff knew, or reasonably should have known, of the alleged violation.

(3)(a) Any knowing or reckless violation of this chapter shall be considered a violation of section 48-603, Idaho Code.

(b) If the attorney general has reasonable cause to believe that any covered social media platform has engaged in, is engaging in, or is about to engage in any knowing or reckless violation of this chapter, the attorney general may exercise all of the investigative, legal, and other authority provided pursuant to chapter 6, title 48, Idaho Code.

History:

[48-2105, added 2026, ch. 268, sec. 1, p. 1132.]
Idaho Code § 48-1104 — Idaho Code / Title 48 / Chapter 11 / Section 48-1104
48-1104 ADVERTISEMENTS.
Status: in_force

48-1104. Advertisements. (1) If the total charge for the pay-per-telephone call service is more than two dollars ($2.00), advertisements by information providers for pay-per-telephone call services must clearly and conspicuously disclose, as that term is defined by the Idaho consumer protection act and regulations promulgated thereunder, the price or cost of the service being advertised, and contain the information required to be set forth in subsection (2) of section 48-1103, Idaho Code, except as provided in subsection (2) of this section.

(2) For purposes of this chapter, a listing in any section of a directory in which businesses or professions are listed alphabetically and which directory is not published more often than twice in a consecutive twelve (12) month period of time, does not constitute an advertisement. Information providers that advertise pay-per-telephone call services in the section of a directory which lists businesses by subject category, and which directory is not published more often than twice in a consecutive twelve (12) month period of time, shall conspicuously disclose in the advertisement that the service is a pay-per-telephone call service but need not disclose the price or cost of the service.

History:

[48-1104, added 1992, ch. 29, sec. 1, p. 92; am. 1992, ch. 100, sec. 1, p. 318.]
Idaho Code § 48-1402 — Idaho Code / Title 48 / Chapter 14 / Section 48-1402
48-1402 DEFINITIONS.
Status: in_force

48-1402. Definitions. As used in this chapter:

(1) "Assistive device" is an item, piece of equipment, or product system that is designated and used to increase, maintain or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself or working. The term includes, but is not limited to: manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual; hearing aids, assistive listening devices and other aids that enhance an individual's ability to hear or communicate; voice synthesized computer modules, optical scanners, talking software, braille printers, large print materials and other devices that enhance an individual's ability to access print or communicate; and other devices such as environmental controls, adaptive transportation aids, communication boards and modified environments. "Assistive device" does not include: (a) a transcutaneous electrical nerve stimulator, neuromuscular electrical stimulator, or dynamic range of motion splint, if the stimulator or splint is already covered by a warranty; (b) a hearing aid covered by a one (1) year express warranty to repair or replace a device with a nonconformity; and (c) items including canes, crutches, walkers, bathroom safety aids, batteries, blood pressure kits, glucose monitors, bandages, household aids, wraps and other disposable items.

(2) "Assistive device dealer" means a person who is in the business of selling new assistive devices.

(3) "Assistive device lessor" means a person who leases new assistive devices to consumers, or who holds the lessor's rights, under a written lease.

(4) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device.

(5) "Consumer" or "agency" means any of the following:

(a) The purchaser of an assistive device, if the assistive device was purchased from an assistive dealer or manufacturer for purposes other than resale;

(b) A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device;

(c) A person who may enforce the warranty; or

(d) A person who leases an assistive device from an assistive device lessor under a written lease.

(6) "Demonstrator" means an assistive device used primarily for the purpose of demonstration to the public.

(7) "Early termination cost" means an expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to the manufacturer. The term incurs a penalty for prepayment under a finance arrangement.

(8) "Early termination savings" means an expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive device to the manufacturer. The term includes an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

(9) "Manufacturer" means a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, a factory branch, and a warrantor of the manufacturer's assistive device. The term does not include an assistive device dealer or lessor.

(10) "Nonconformity" means a specific condition or generic defect or malfunction, or a defect or condition that substantially impairs the use, value or safety of an assistive device, but does not include a condition or defect that is the result of abuse or unauthorized modification or alteration of the assistive device by the consumer.

(11) "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new assistive device:

(a) The manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers accepts returns of the new assistive device for repair at least two (2) times; or

(b) The assistive device is out of service for an aggregate of at least thirty (30) cumulative days because of warranty nonconformities.

History:

[48-1402, added 1997, ch. 276, sec. 1, p. 819; am. 1998, ch. 236, sec. 1, p. 793.]
Idaho Code § 48-907 — Idaho Code / Title 48 / Chapter 9 / Section 48-907
48-907 EFFECT AND ADMISSIBILITY OF DECISION BY INFORMAL DISPUTE SETTLEMENT MECHANISM.
Status: in_force

48-907. Effect and admissibility of decision by informal dispute settlement mechanism. The decision issued in an informal dispute settlement mechanism required by this chapter is nonbinding on the parties involved, unless otherwise agreed by the parties. Any party, upon application, may remove the decision to district court for a trial de novo. If the manufacturer is aggrieved by the decision of the informal dispute settlement mechanism, an application to remove the decision must be filed in the district court within thirty (30) days after the date the decision is received by the parties. If the application to remove is not made within thirty (30) days, then the district court shall, upon application of a party, issue an order confirming the decision. A written decision issued by an informal dispute settlement mechanism, and any written findings upon which the decision is based, are admissible as nonbinding evidence in any subsequent legal action and are not subject to further foundation requirements.

History:

[48-907, added 1998, ch. 333, sec. 2, p. 1076.]
Idaho Code § 48-619 — Idaho Code / Title 48 / Chapter 6 / Section 48-619
48-619 LIMITATION OF ACTION.
Status: in_force

48-619. Limitation of action. No private action may be brought under this act more than two (2) years after the cause of action accrues.

History:

[48-619, added 1971, ch. 181, sec. 20, p. 847; am. 1997, ch. 127, sec. 1, p. 380.]
Idaho Code § 48-610 — Idaho Code / Title 48 / Chapter 6 / Section 48-610
48-610 VOLUNTARY COMPLIANCE — DISTRICT COURT APPROVAL.
Status: in_force

48-610. Voluntary compliance — District court approval. (1) In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be violative of the provisions of this chapter from any person who has engaged or was about to engage in such method, act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has his principal place of business or of the district court of Ada County and shall be deemed an order of the court enforceable by contempt proceedings.

(2) Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose.

(3) The assurance of voluntary compliance shall provide for the discontinuance by the person entering into the same of any method, act or practice alleged to be a violation of this chapter, and it may include a stipulation for the payment by such person of reasonable expenses, investigative costs and attorney's fees incurred by the attorney general. The recovered expenses, costs and fees shall be remitted to the consumer protection account created in section 48-606, Idaho Code, and shall be used for the furtherance of the attorney general's duties and activities under this chapter. The assurance may also include: a stipulation for payment to consumers of actual damages or for restitution of money, property, or other things received from consumers in connection with a violation of the provisions of this chapter; and a stipulation for specific performance.

(4) A violation of such assurance of voluntary compliance shall prima facie establish that the person subject thereto knows, or in the exercise of due care should know, that he has in the past violated or is violating the provisions of this chapter.

(5) Matters thus closed may at any time be reopened by the attorney general for further proceedings in the public interest, pursuant to section 48-606, Idaho Code.

History:

[48-610, added 1971, ch. 181, sec. 11, p. 847; am. 1973, ch. 285, sec. 9, p. 601; am. 1990, ch. 273, sec. 7, p. 772.]
Idaho Code § 48-2203 — Idaho Code / Title 48 / Chapter 21 / Section 48-2203
48-2203 OPERATOR REQUIREMENTS.
Status: in_force

48-2103 [48-2203]. operator requirements. [EFFECTIVE JULY 1, 2027] (1) If reasonable persons would be misled to believe that they are interacting with a human, an operator shall clearly and conspicuously disclose that the conversational AI service is artificial intelligence.

(2) An operator shall adopt a protocol for the conversational AI service to respond to user prompts regarding suicidal ideation that includes but is not limited to making reasonable efforts to provide a response to users that refers them to crisis service providers such as a suicide hotline, crisis text line, or other appropriate crisis services.

(3) An operator shall not knowingly and intentionally cause or program a conversational AI service to make any representation or statement that explicitly indicates that the conversational AI service is designed to provide professional mental or behavioral health care.

History:

[(48-2203) 48-2103, added 2026, ch. 249, sec. 1, p. 1051.]
Idaho Code § 48-309 — Idaho Code / Title 48 / Chapter 3 / Section 48-309
48-309 DELIVERY OF CONSOLIDATED SUMMARY OF SERVICES.
Status: in_force

48-309. delivery of CONSOLIDATED SUMMARY of services. Notwithstanding any provision of law to the contrary in this chapter, a health care facility is not required to send a consolidated summary of services to a patient prior to engaging in extraordinary collection action if:

(1) The patient will receive a final notice before extraordinary collection action from a single billing entity for all goods and services provided to the patient at that health care facility;

(2) The patient was clearly informed in writing of the name, phone number, and address of the billing entity; and

(3) The health care facility otherwise complies with all other provisions of section 48-304, Idaho Code.

History:

[48-309, added 2020, ch. 139, sec. 1, p. 430; am. 2022, ch. 263, sec. 7, p. 849.]
Idaho Code § 48-1006 — Idaho Code / Title 48 / Chapter 10 / Section 48-1006
48-1006 AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT.
Status: in_force

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.]
Idaho Code § 48-1506 — Idaho Code / Title 48 / Chapter 15 / Section 48-1506
48-1506 NONPROFIT HOSPITAL CONVERSION TRANSACTION REVIEW ELEMENTS.
Status: in_force

48-1506. Nonprofit hospital conversion transaction review elements. In reviewing a proposed nonprofit hospital conversion transaction, the attorney general (and the district court as necessary and applicable), shall consider:

(1) Whether the nonprofit hospital will receive fair market value for its charitable trust assets;

(2) Whether the fair market value of the nonprofit hospital's assets to be transferred has been affected by the actions of the parties in a manner that improperly causes the fair market value of the assets to decrease;

(3) Whether the proceeds of the proposed nonprofit hospital conversion transaction will be used consistent with the trust under which the assets are held by the nonprofit hospital and whether the proceeds will be controlled as funds independently of the acquiring or related entities;

(4) Whether the governing body of the nonprofit hospital exercised due diligence in deciding to dispose of the nonprofit hospital's assets, selecting the acquiring entity, and negotiating the terms and conditions of the disposition;

(5) Whether the nonprofit hospital conversion transaction will result in improper private inurement to any person as set forth in section 48-1511, Idaho Code; and

(6) Whether the terms of any management or services contract negotiated in conjunction with the proposed nonprofit hospital conversion transaction are reasonable.

History:

[48-1506, added 2000, ch. 314, sec. 1, p. 1056.]
Idaho Code § 48-303 — Idaho Code / Title 48 / Chapter 3 / Section 48-303
48-303 DEFINITIONS.
Status: in_force

48-303. DEFINITIONS. For the purposes of this chapter:

(1)(a) "Consolidated summary of services" means a written notice that contains, at a minimum, the following:

(i) The name and contact information, including telephone number, of the patient;

(ii) The name and contact information, including telephone number, of the health care facility that the patient visited to receive goods or services;

(iii) The date and duration of the visit to the health care facility by the patient;

(iv) A general description of goods and services provided to the patient during the visit to the health care facility, including the name, address, and telephone number of each billing entity whose health care providers provided the services and goods to the patient; and

(v) A clear and conspicuous notification at the top of the notice that states: "This is Not a Bill. This is a Summary of Medical Services You Received. Retain This Summary for Your Records. Please Contact Your Insurance Company and the Health Care Providers Listed on this Summary to Determine the Final Amount You May Be Obligated to Pay."

(b) For the purpose of calculating timeline requirements in this chapter in the event of multiple notices, a "consolidated summary of services" means the notice that first supplied the information required by paragraph (a) of this subsection if such information did not change in any subsequent notices.

(2) "Contested judgment" means a court judgment sought by one (1) party that is challenged by another party through a filing with the court or by presenting evidence or argument at a hearing before the court.

(3)(a) "Extraordinary collection action" means any of the following actions done in connection with a patient's debt:

(i) Prior to sixty (60) days from the patient's receipt of the final notice before extraordinary collection action, selling, transferring, or assigning any amount of a patient's debt to any third party or otherwise authorizing any third party to collect the debt in a name other than the name of the health care provider;

(ii) Reporting adverse information about the patient to a consumer reporting agency; or

(iii) Except as provided in paragraph (c) of this subsection, commencing any judicial or legal action or filing or recording any document in relation thereto, including but not limited to:

1. Placing a lien on a person's property or assets;

2. Attaching or seizing a person's bank account or any other personal property;

3. Initiating a civil action against any person; or

4. Garnishing an individual's wages.

(b) "Extraordinary collection action" does not include an action pursuant to and in compliance with section 28-22-105, Idaho Code.

(c) A provider authorized to file a lien to secure payment of the reasonable value of services provided to an injured patient pursuant to section 45-701, Idaho Code, is not prevented from filing such a lien by the provisions of this chapter, but must do so pursuant to the timeline and provisions of chapter 7, title 45, Idaho Code.

(4)(a) "Final notice before extraordinary collection action" means a written notice that contains, at a minimum, the following:

(i) The name and contact information, including telephone number, of the patient;

(ii) The name and contact information, including telephone number, of the health care facility where the health care provider provided goods and services to the patient;

(iii) A list of the goods and services that the health care provider provided to the patient during the patient's visit to the health care facility, including the initial charges for the goods and services and the date the goods and services were provided, in reasonable detail;

(iv) A statement that a full itemized list of goods and services provided to the patient is available upon the patient's request;

(v) The name of the third-party payors to which the charges for health care services were submitted by the health care provider;

(vi) A detailed description of all reductions, adjustments, offsets, and third-party payor payments, including payments already received from the patient, that adjust the initial charges for the goods and services provided to the patient during the visit; and

(vii) The final amount that the patient is liable to pay after taking into account all applicable reductions, including but not limited to the items identified in subparagraph (vi) of this paragraph.

(b) For the purpose of calculating timeline requirements in this chapter in the event of multiple notices, the "final notice before extraordinary collection action" means the notice that first supplied the information required by paragraph (a) of this subsection if such information did not change in any subsequent notices.

(5) "Health care facility" means any person, entity, or institution operating a physical or virtual location that holds itself out to the public as providing health care services through itself, through its employees, or through third-party health care providers. Health care facilities include but are not limited to hospitals and other licensed inpatient centers; ambulatory surgical or treatment centers; skilled nursing centers; residential treatment centers; urgent care centers; diagnostic, laboratory, and imaging centers; and rehabilitation and other therapeutic health settings, as well as medical transportation providers.

(6) "Health care provider" means:

(a) A physician or other health care practitioner licensed, accredited, or certified to perform health care services consistent with state law, or any agent or third-party representative thereof; or

(b) A health care facility or its agent.

(7) "Health care services" means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.

(8) "Patient" means a person who seeks or receives services from a health care provider. For the purposes of this chapter, "patient" includes a parent if the patient is a minor, a legal guardian if the patient is an adult under guardianship, or any person contractually or otherwise liable for the financial obligations of the person receiving goods or services from the health care provider.

(9) "Third-party payor" means a health carrier as defined in section 41-5903, Idaho Code, or a self-funded plan as defined in section 41-4002 or 41-4102, Idaho Code, and includes multiple third-party payors when applicable.

(10) "Uncontested judgment" means a court judgment sought by one (1) party that is not contested by another party by filing with the court or by presenting evidence or argument at a hearing before the court.

History:

[48-303, added 2020, ch. 139, sec. 1, p. 426; am. 2022, ch. 263, sec. 1, p. 844; am. 2024, ch. 236, sec. 4, p. 820.]
Idaho Code § 48-1911 — Idaho Code / Title 48 / Chapter 19 / Section 48-1911
48-1911 SERVICE OF NOTICE.
Status: in_force

48-1911. service of notice. Service of any notice, demand, or subpoena under this chapter shall be made pursuant to section 48-613, Idaho Code.

History:

[48-1911, added 2020, ch. 321, sec. 1, p. 926.]
Idaho Code § 48-103 — Idaho Code / Title 48 / Chapter 1 / Section 48-103
48-103 DEFINITIONS.
Status: in_force

48-103. Definitions. As used in this act:

(1) "Idaho commerce" means any economic activity occurring wholly or partly within the state of Idaho, or which affects economic activity within the state of Idaho.

(2) "Person" means any natural person, corporation, partnership, trust, association, or any other legal or commercial entity.

History:

[48-103, added 2000, ch. 148, sec. 3, p. 378.]
Idaho Code § 48-1003A — Idaho Code / Title 48 / Chapter 10 / Section 48-1003A
48-1003A NO TELEPHONE SOLICITATION CONTACT LIST.
Status: in_force

48-1003A. No telephone solicitation contact list.

(1) (a) Any Idaho residential, mobile or telephonic paging device telephone subscriber desiring to be placed on the Idaho "no telephone solicitation contact" list, indicating that the subscriber does not wish to receive telephone solicitations, may be placed upon such list through a procedure approved by the attorney general.

(b) Notwithstanding any other provision of this chapter, a national "do-not-call" registry established and maintained by the federal trade commission, pursuant to 16 CFR 310.4(b)(1)(iii)(B), may serve as the Idaho "no telephone solicitation contact" list provided by this chapter. The attorney general may provide to the federal trade commission, for inclusion in the national "do-not-call" registry, the telephone numbers of Idaho residents that are on the Idaho "no telephone solicitation contact" list.

(2) It is a violation of the provisions of this chapter for a telephone solicitor to make or cause to be made any telephone solicitation, as defined by section 48-1002(11)(a), Idaho Code, to any telephone number which is assigned by a telephone company to an Idaho resident listed on the Idaho "no telephone solicitation contact" list when that telephone number has been on such list for at least three (3) months prior to the date the telephone solicitation is made.

(3) Section 48-1006, Idaho Code, notwithstanding, any violation of the provisions of this section shall subject the person violating the terms of the provisions of this section to a civil penalty, to be imposed by the district court, as follows: for the first violation, not to exceed five hundred dollars ($500); for the second violation, not to exceed two thousand five hundred dollars ($2,500); for the third and subsequent violations, not to exceed five thousand dollars ($5,000) per violation. Penalties received under the provisions of this section shall be expended pursuant to legislative appropriation.

(4) This section is not applicable to telephone solicitations:

(a) To a telephone subscriber's commercial or business telephone number;

(b) Where an established business relationship exists, as defined in subsection (3) of section 48-1002, Idaho Code, between the telephone solicitor and the telephone subscriber and the subscriber has not stated to the telephone solicitor that he does not wish to receive telephone solicitations made by or on behalf of the business with whom the established business relationship exists;

(c) By a minor seeking to sell a good or service, pursuant to a telephone solicitation, for a charitable purpose or organization.

(5) The attorney general shall advise telephone subscribers who register with his office under the provisions of this section of all self-help measures available to them to reduce unwanted telephone solicitations.

History:

[48-1003A, added 2000, ch. 452, sec. 3, p. 1424; am. 2004, ch. 102, sec. 2, p. 360; am. 2013, ch. 130, sec. 1, p. 299.]
Idaho Code § 48-618 — Idaho Code / Title 48 / Chapter 6 / Section 48-618
48-618 CONSTRUCTION OF CHAPTER.
Status: in_force

48-618. Construction of chapter. This act is to be construed uniformly with federal law and regulations. In any action instituted under this act it shall be an absolute defense to show the challenged practices are subject to and comply with statutes administrated by the federal trade commission, or any duties, regulations or decisions interpreting such statutes.

History:

[48-618, added 1971, ch. 181, sec. 18, p. 847.]
Idaho Code § 48-515 — Idaho Code / Title 48 / Chapter 5 / Section 48-515
48-515 FORUM FOR ACTIONS REGARDING REGISTRATION — SERVICE ON OUT-OF-STATE REGISTRANTS.
Status: in_force

48-515. Forum for actions regarding registration — Service on out-of-state registrants. (1) Actions to require cancellation of a mark registered pursuant to this act or to appeal the denial of registration of a mark pursuant to this act shall be brought in the district court in and for Ada county. In an action to compel registration, the proceeding shall be based solely upon the record before the secretary of state. In an action for cancellation, the secretary of state shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action.

(2) In any action brought against a nonresident registrant, service may be effected upon the secretary of state as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under the Idaho rules of civil procedure.

History:

[48-515, added 1996, ch. 404, sec. 2, p. 1344.]
Idaho Code § 48-111 — Idaho Code / Title 48 / Chapter 1 / Section 48-111
48-111 VIOLATION OF COURT ORDERS AND CONSENT DECREES — PENALTIES.
Status: in_force

48-111. Violation of court orders and consent decrees — Penalties. Any person who violates the terms of a consent order entered into pursuant to section 48-108, Idaho Code, or any other judgment or final order entered into under the provisions of this chapter, shall forfeit and pay a civil penalty of not more than fifty thousand dollars ($50,000) for each violation, the amount of the penalty to be determined by the district court issuing the judgment or order, or approving the consent decree.

History:

[48-111, added 2000, ch. 148, sec. 3, p. 382.]
Idaho Code § 48-1501 — Idaho Code / Title 48 / Chapter 15 / Section 48-1501
48-1501 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

48-1501. Legislative findings and intent. (1) Nonprofit hospitals hold assets in charitable trust, and are dedicated to the specific charitable purposes set forth in the articles of incorporation of the nonprofit corporations or governing papers of the nonprofit entities operating such hospitals. Nonprofit hospitals have a substantial and beneficial effect on the provision of health care to the people of Idaho, providing as part of their charitable mission free or low-cost health care.

(2) The attorney general is entrusted by law to bring actions on behalf of the public in the event of a breach of the charitable trust, pursuant to section 67-1401, Idaho Code.

(3) This act shall be cited as the "Nonprofit Hospital Sale or Conversion Act."

History:

[48-1501, added 2000, ch. 314, sec. 1, p. 1054.]
Idaho Code § 48-1008 — Idaho Code / Title 48 / Chapter 10 / Section 48-1008
48-1008 LIABILITY OF MINORS.
Status: in_force

48-1008. Liability of minors. (1) Any minor who purchases goods or services pursuant to any telephone solicitation may disaffirm the purchase within a reasonable time after the purchase is made.

(2) No parent or legal guardian, having legal custody of a minor who is a purchaser pursuant to a telephone solicitation, shall be liable to a telephone solicitor for the purchase of goods or services pursuant to any telephone solicitation.

History:

[48-1008, added 1992, ch. 27, sec. 1, p. 88.]
Idaho Code § 48-604 — Idaho Code / Title 48 / Chapter 6 / Section 48-604
48-604 INTENT OF LEGISLATURE — ATTORNEY GENERAL TO MAKE RULES AND REGULATIONS.
Status: in_force

48-604. Intent of legislature — Attorney general to make rules and regulations. (1) It is the intent of the legislature that in construing this act due consideration and great weight shall be given to the interpretation of the federal trade commission and the federal courts relating to section 5(a)(1) of the federal trade commission act (15 U.S.C. 45(a)(1)), as from time to time amended; and

(2) The attorney general may make rules and regulations interpreting the provisions of this act. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the federal trade commission and the federal courts in interpreting the provisions of section 5(a)(1) of the federal trade commission act (15 U.S.C. 45(a)(1)), as from time to time amended. Rules and regulations shall be promulgated as provided in chapter 52, title 67, Idaho Code.

History:

[48-604, added 1971, ch. 181, sec. 5, p. 847; am. 1973, ch. 285, sec. 5, p. 601.]
Idaho Code § 48-1401 — Idaho Code / Title 48 / Chapter 14 / Section 48-1401
48-1401 SHORT TITLE.
Status: in_force

48-1401. Short title. This chapter governing the sale of assistive technology devices may be cited as the "Assistive Technology Warranty Act."

History:

[48-1401, added 1997, ch. 276, sec. 1, p. 819.]
Idaho Code § 48-314 — Idaho Code / Title 48 / Chapter 3 / Section 48-314
48-314 SEVERABILITY.
Status: in_force

48-314. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[48-314, added 2022, ch. 263, sec. 9, p. 849.]
Idaho Code § 48-1403 — Idaho Code / Title 48 / Chapter 14 / Section 48-1403
48-1403 EXPRESS WARRANTIES.
Status: in_force

48-1403. Express warranties. (1) A manufacturer who sells or leases a new assistive device to a consumer, either directly or through an assistive device dealer or lessor, shall furnish the consumer with an express warranty to preserve or maintain the utility or performance of the assistive device. The duration of the express warranty must not be less than one (1) year after first possession of the assistive device by the consumer. If a manufacturer fails to furnish an express warranty as required by this section, the assistive device shall be covered by an express warranty as if the manufacturer had furnished an express warranty to the consumer as required by this section.

(2) If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repairs before one (1) year after the first possession of the device by the consumer, the nonconformity must be repaired or replaced.

History:

[48-1403, added 1997, ch. 276, sec. 1, p. 821.]
Idaho Code § 48-1905 — Idaho Code / Title 48 / Chapter 19 / Section 48-1905
48-1905 PERSONS EXCLUDED.
Status: in_force

48-1905. persons excluded. The provisions of this chapter shall not apply to:

(1) A state or federally chartered bank, savings bank, savings and loan association, thrift institution, trust company, or credit union; or

(2) An individual who is acting within the scope of his position and duties as a director, officer, executive, manager, or employee of a person described in subsection (1) of this section.

History:

[48-1905, added 2020, ch. 321, sec. 1, p. 922.]
Idaho Code § 48-1302 — Idaho Code / Title 48 / Chapter 13 / Section 48-1302
48-1302 DEFINITIONS.
Status: in_force

48-1302. Definitions. As used in this chapter:

(1) "Copyright owner" means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States pursuant to title 17 of the United States Code, P.L. 94-553 (17 U.S.C. sec. 101 et seq.).

(2) "Nondramatic" means the public performance of a recorded, broadcast, or live musical work; except that "nondramatic" shall not mean the performance of a dramatic work including a play.

(3) "Performing rights society" means an association or corporation that licenses the public performances of nondramatic musical works on behalf of copyright owners, such as the American society of composers, authors and publishers (ASCAP), broadcast music, inc. (BMI), and SESAC, Inc.

(4) "Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility or any other similar place of business or professional office located in the state in which the public may assemble and in which nondramatic musical works or similar copyrighted works may be performed, broadcast or otherwise transmitted for the enjoyment of members of the public there assembled.

(5) "Royalty" or "royalties" means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar works.

History:

[48-1302, added 1996, ch. 330, sec. 1, p. 1124.]
Idaho Code § 48-502 — Idaho Code / Title 48 / Chapter 5 / Section 48-502
48-502 REGISTRABILITY.
Status: in_force

48-502. Registrability. (1) In order to be registered, a mark must have some element of distinctiveness, arbitrariness or uniqueness, which may be inherent to the mark or acquired through extended usage and establishment of a reputation.

(2) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:

(a) Consists of or comprises immoral, deceptive or scandalous matter; or

(b) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; or

(c) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or

(d) Consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent;

(e) Consists of a mark which: (i) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; or (ii) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or (iii) is primarily merely a surname, provided however, that nothing in this subsection shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five (5) years before the date on which the claim of distinctiveness is made; or

(f) Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.

History:

[48-502, added 1996, ch. 404, sec. 2, p. 1338.]
Idaho Code § 48-1701 — Idaho Code / Title 48 / Chapter 17 / Section 48-1701
48-1701 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

48-1701. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature of the state of Idaho finds that:

(a) Idaho is striving to build an entrepreneurial and knowledge-based economy. Attracting and nurturing information technology (IT) and other knowledge-based companies are important parts of this effort and will be beneficial to Idaho's future.

(b) Patents are essential to encouraging innovation, especially in the IT and knowledge-based fields. The protections afforded by the federal patent system create an incentive to invest in research and innovation, which spurs economic growth. Patent holders have every right to enforce their patents when they are valid and infringed, to solicit interest from prospective licensees and to initiate patent enforcement litigation as necessary to protect intellectual property.

(c) The legislature does not wish to interfere with the good faith enforcement of patents or good faith patent litigation. The legislature also recognizes that Idaho is preempted from passing any law that conflicts with federal patent law.

(d) Abusive patent litigation, and especially the assertion of bad faith infringement claims, can harm Idaho companies. A business that receives a letter or other communication asserting such claims faces the threat of expensive and protracted litigation and may feel that it has no choice but to settle and to pay a licensing fee, even if the claim is meritless.

(e) Not only do bad faith patent infringement claims impose a significant burden on individual Idaho businesses, they also undermine Idaho's efforts to attract and nurture IT and other knowledge-based companies. Funds used to avoid the threat of bad faith litigation are no longer available to invest, produce new products, expand or hire new workers, thereby harming Idaho's economy.

(2) Through this narrowly focused chapter, the legislature seeks to facilitate the efficient and prompt resolution of patent infringement claims, protect Idaho businesses from abusive and bad faith assertions of patent infringement and build Idaho's economy, while at the same time carefully not interfering with legitimate patent enforcement actions.

History:

[48-1701, added 2014, ch. 277, sec. 1, p. 699.]
Idaho Code § 48-1010 — Idaho Code / Title 48 / Chapter 10 / Section 48-1010
48-1010 LIMITATION OF ACTION.
Status: in_force

48-1010. Limitation of action. (1) No private action may be brought under the provisions of this chapter more than two (2) years after the cause of action accrues.

(2) A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of this chapter knows or in the exercise of reasonable care should have known about the violation of the provisions of this chapter.

History:

[48-1010, added 1992, ch. 27, sec. 1, p. 89.]
Idaho Code § 48-1502 — Idaho Code / Title 48 / Chapter 15 / Section 48-1502
48-1502 DEFINITIONS.
Status: in_force

48-1502. Definitions. As used in this act:

(1) "Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four (24) hours in any week of two (2) or more nonrelated individuals suffering from illness, disease, injury, deformity, or requiring care because of old age, or a place devoted primarily to providing, for not less than twenty-four (24) hours in any week, of obstetrical or other medical or nursing care for two (2) or more nonrelated individuals.

(2) "Nonprofit hospital" means any hospital, including hospitals owned by corporations, that is organized as a nonprofit concern, however structured or created. The term also includes entities owned, governed or controlled by a nonprofit hospital. The term does not include hospitals which are operated by a governmental unit.

(3) "Nonprofit hospital conversion transaction" means:

(a) The sale, transfer, lease, exchange, optioning, or conveyance of the lesser of thirty million dollars ($30,000,000) or forty percent (40%) of the assets of a nonprofit hospital to an entity or person other than a nonprofit entity or an entity controlled by the nonprofit hospital; or

(b) The transfer of control or governance of the lesser of thirty million dollars ($30,000,000) or forty percent (40%) of the assets of a nonprofit hospital to an entity or person other than a nonprofit entity or an entity controlled by the nonprofit hospital.

(c) "Nonprofit hospital conversion transaction" does not include contracts, in the usual course of business, between the nonprofit hospital and another entity:

(i) For the provision of services to the nonprofit hospital;

(ii) For the sale of equipment; or

(iii) For the leasing of space.

(d) Beginning on July 1, 2001, and each July 1 thereafter, the sums of thirty million dollars ($30,000,000) referenced in subsections (3)(a) and (3)(b) of this section, shall increase or decrease in accordance with the percentage amount change in the hospital services component of the consumer price index as published by the bureau of labor statistics of the United States department of labor.

(4) "Person" means any individual, partnership, trust, estate, corporation, association, joint venture, joint stock company, insurance company or other organization.

(5) "Charitable trust interest" shall mean those factors specifically listed in section 48-1506, Idaho Code.

History:

[48-1502, added 2000, ch. 314, sec. 1, p. 1054.]
Idaho Code § 48-102 — Idaho Code / Title 48 / Chapter 1 / Section 48-102
48-102 LEGISLATIVE FINDINGS, PURPOSE, INTERPRETATION AND SCOPE OF CHAPTER.
Status: in_force

48-102. Legislative findings, purpose, interpretation and scope of chapter. (1) The Idaho legislature finds that fair competition is fundamental to the free market system. The unrestrained interaction of competitive forces will yield the best allocation of Idaho's economic resources, the lowest prices, the highest quality, and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic and social institutions.

(2) The purpose of this chapter is to maintain and promote economic competition in Idaho commerce, to provide the benefits of that competition to consumers and businesses in the state, and to establish efficient and economical procedures to accomplish these purposes and policies.

(3) The provisions of this chapter shall be construed in harmony with federal judicial interpretations of comparable federal antitrust statutes and consistent with this chapter's purposes, as set forth in subsection (2) of this section.

(4) This chapter applies to conduct proscribed herein that affects Idaho commerce.

History:

[48-102, added 2000, ch. 148, sec. 3, p. 378.]
Idaho Code § 48-1301 — Idaho Code / Title 48 / Chapter 13 / Section 48-1301
48-1301 SHORT TITLE.
Status: in_force

48-1301. Short title. This act shall be known and may be cited as the "Music Licensing and Copyright Enforcement Act of 1996."

History:

[48-1301, added 1996, ch. 330, sec. 1, p. 1124.]
Idaho Code § 48-1705 — Idaho Code / Title 48 / Chapter 17 / Section 48-1705
48-1705 AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURTS.
Status: in_force

48-1705. authority of the attorney general and district courts. 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.

History:

[48-1705, added 2014, ch. 277, sec. 1, p. 701.]
Idaho Code § 48-506 — Idaho Code / Title 48 / Chapter 5 / Section 48-506
48-506 DURATION AND RENEWAL.
Status: in_force

48-506. Duration and renewal. (1) A registration of mark hereunder shall be effective for a term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term in a manner complying with the rules of the secretary of state, the registration may be renewed for a like term from the end of the expiring term.

(2) A renewal fee, payable to the secretary of state, shall accompany the application for renewal of the registration. When a renewal application includes goods or services which fall within multiple classes, the secretary of state may require payment of a fee for each class.

(3) A registration may be renewed for successive periods of ten (10) years in like manner and the secretary of state shall issue a certificate of renewal.

(4) Any registration in force on the date on which this act shall become effective shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the secretary of state in compliance with the rules of the secretary of state upon payment of the renewal fee within six (6) months prior to the expiration of the registration.

(5) All applications for renewal under this act, whether of registrations made under this act or of registrations effected under any prior act, shall include a statement that the mark has been and is still in use.

History:

[48-506, added 1996, ch. 404, sec. 2, p. 1341; am. 2005, ch. 273, sec. 1, p. 841.]
Idaho Code § 48-204 — Idaho Code / Title 48 / Chapter 2 / Section 48-204
48-204 RIGHTS OF PERSONS INJURED BY VIOLATIONS OF ACT.
Status: in_force

48-204. Rights of persons injured by violations of act. (a) Any person injured by any violation, or who will suffer injury from any threatened violation, of this act, may maintain an action, in any court of competent jurisdiction of this state, to prevent, restrain or enjoin such violation or threatened violation. If in such action, a violation or threatened violation of this act shall be established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in said action shall be entitled to recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee.

(b) In the event no injunctive relief is sought or required, any person injured by any violation of this act, may maintain an action for damages alone in any court of competent jurisdiction in this state, and the measure of damages in such action shall be the same as that prescribed by subsection (a) of this section.

(c) In any proceedings instituted or action brought in pursuance of the provisions of subsections (a) and (b) of this section, the plaintiff, upon proof that he has been unlawfully discriminated against by the defendant, shall be conclusively presumed to have sustained damages equal to the monetary amount or equivalent of the unlawful discrimination; and in addition thereto, may establish such further damages, if any, as he may have sustained as a result of such discrimination.

(d) Where a particular trade or industry of which the person, firm or corporation complained against is a member, has an established cost survey for the localities and vicinities in which the offense is committed, the said cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm or corporation complained against within the provisions of this act.

(e) Any contract, express or implied, made by any person in violation of any of the provisions of this act, is declared to be an illegal contract and no recovery thereon shall be had.

History:

[48-204, added 1937, ch. 229, sec. 4, p. 406.]
Idaho Code § 48-1511 — Idaho Code / Title 48 / Chapter 15 / Section 48-1511
48-1511 PRIVATE BENEFIT.
Status: in_force

48-1511. Private benefit. No person who is an officer, director, board member or other fiduciary of a nonprofit hospital shall receive anything of value, beyond ordinary compensation, that relates to a nonprofit hospital conversion transaction described in this act and is of such a character as to have the appearance of an improper influence on the person with respect to the person's duties; provided however, that an officer or employee of the nonprofit hospital may accept a job with, perform duties for, and receive ordinary compensation from, the purchasing or converting entity. Any person who violates the provisions of this section shall, in addition to being subject to the provisions of section 48-1510, Idaho Code, forfeit the items of value received in violation of this section.

History:

[48-1511, added 2000, ch. 314, sec. 1, p. 1059.]
Idaho Code § 48-1803 — Idaho Code / Title 48 / Chapter 18 / Section 48-1803
48-1803 APPLICABILITY.
Status: in_force

48-1803. applicability. (1) The provisions of this chapter shall apply to any solar agreement entered into on or after October 1, 2019, between a solar retailer and a consumer including, but not limited to, a solar agreement that accompanies the transfer of ownership or lease of real property.

(2) The provisions of this chapter shall not apply to:

(a) The transfer or rental of real property on which a residential solar energy system is, or is expected to be, located if the presence of the residential solar energy system is incidental to the transfer or rental;

(b) A lender, governmental entity, or other third party that enters into an agreement with a consumer to finance a residential solar energy system but is not a party to a system purchase agreement or lease agreement; or

(c) A sale or lease of, or the purchase of electricity from, a solar energy system that is not a residential solar energy system.

History:

[48-1803, added 2019, ch. 267, sec. 1, p. 782.]
Idaho Code § 48-1910 — Idaho Code / Title 48 / Chapter 19 / Section 48-1910
48-1910 PROCEEDINGS BY ATTORNEY GENERAL.
Status: in_force

48-1910. PROCEEDINGS BY ATTORNEY GENERAL. (1) Whenever the attorney general has reason to believe that a person violated or is violating the provisions of section 48-1906, Idaho Code, the attorney general, acting in the public interest, may bring an action in the name of the state against such person:

(a) To enjoin any action that constitutes a violation of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, upon the giving of appropriate notice to the alleged violator as provided in the Idaho rules of civil procedure;

(b) To obtain appointment of a master, receiver, or escrow agent to gather, account for, and oversee the charitable assets of the alleged violator and prevent further the dissipation of such assets;

(c) To remove the alleged violator from his position as an accountable person of the charitable organization;

(d) To terminate a charitable organization and liquidate its charitable assets in accordance with its governing instrument or applicable law;

(e) To recover from the alleged violator damages or restitution of any charitable assets misappropriated, lost, or diverted in violation of section 48-1906, Idaho Code;

(f) To recover from the alleged violator civil penalties of up to fifty thousand dollars ($50,000), as determined by the district court;

(g) To obtain specific performance from the alleged violator;

(h) To recover from the alleged violator the attorney general's reasonable expenses, investigative costs, and attorney's fees; and

(i) To obtain other appropriate relief.

(2) Whenever the attorney general has reason to believe that a charitable organization violated or is violating the provisions of section 48-1907, Idaho Code, the attorney general, acting in the public interest, may bring an action in the name of the state against such organization and any agents of the organization:

(a) To enjoin any action dissolving the charitable organization, or the dissolving, converting to a noncharitable organization, terminating, or disposing of all or substantially all of the charitable organization's charitable assets by issuance of a temporary restraining order or preliminary or permanent injunction, upon the giving of appropriate notice to the alleged violator as provided in the Idaho rules of civil procedure;

(b) To obtain appointment of a master, receiver, or escrow agent to gather, account for, and oversee charitable assets whenever it shall appear that all or substantially all of the charitable organization's charitable assets may be dissolved, converted, terminated, or disposed of during the course of the proceedings;

(c) To terminate a charitable organization and liquidate its charitable assets in accordance with its governing instrument or applicable law;

(d) In cases where the charitable organization's accountable person or persons knew of and intended to violate the notice provisions of section 48-1907, Idaho Code, to recover from the charitable organization's accountable persons civil penalties of up to five thousand dollars ($5,000), as determined by the district court; and

(e) To obtain other appropriate relief.

(3) The action may be brought in the district court of the county in which the alleged violator resides or, with consent of the parties, may be brought in the district court of Ada county. The action may be brought in any district court in this state if the alleged violator resides outside of the state.

History:

[48-1910, added 2020, ch. 321, sec. 1, p. 925.]
Idaho Code § 48-605 — Idaho Code / Title 48 / Chapter 6 / Section 48-605
48-605 EXCEPTIONS TO CHAPTER.
Status: in_force

48-605. Exceptions to chapter. Nothing in this act shall apply to:

(1) Actions or transactions permitted under laws administered by the state public utility commission or other regulatory body or officer acting under statutory authority of this state or the United States.

(2) Acts done by publishers, broadcasters, printers, retailers, or their employees, in the publication or dissemination of an advertisement in good faith on the basis of information or material supplied by others and without knowledge or reason to know of the misleading or deceptive character of such advertisement or the information or material furnished.

(3) Persons subject to chapter 13, title 41, Idaho Code (sections 41-1301 through 41-1327), defining, and providing for the determination by the director of the department of insurance of unfair methods of competition or unfair or deceptive acts or practices in the business of insurance.

History:

[48-605, added 1971, ch. 181, sec. 6, p. 847.]
Idaho Code § 48-509 — Idaho Code / Title 48 / Chapter 5 / Section 48-509
48-509 CANCELLATION.
Status: in_force

48-509. Cancellation. The secretary of state shall cancel from the register, in whole or in part:

(1) Any registration concerning which the secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record;

(2) All registrations granted under this act and not renewed in accordance with the provisions of this chapter;

(3) Any registration concerning which a court of competent jurisdiction shall find that:

(a) The registered mark has been abandoned;

(b) The registrant is not the owner of the mark;

(c) The registration was granted improperly;

(d) The registration was obtained fraudulently;

(e) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it was registered;

(f) The registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in this state prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; or

(4) When a court of competent jurisdiction orders cancellation of a registration on any ground.

History:

[48-509, added 1996, ch. 404, sec. 2, p. 1342.]
Idaho Code § 48-513 — Idaho Code / Title 48 / Chapter 5 / Section 48-513
48-513 INJURY TO BUSINESS REPUTATION — DILUTION.
Status: in_force

48-513. Injury to business reputation — Dilution. The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another's use of a mark, commencing after the owner's mark becomes famous, which causes dilution of the distinctive quality of the owner's mark, and to obtain such other relief as is provided in this section. In determining whether a mark is famous, a court may consider factors such as, but not limited to:

(1) The degree of inherent or acquired distinctiveness of the mark in this state;

(2) The duration and extent of use of the mark in connection with the goods and services;

(3) The duration and extent of advertising and publicity of the mark in this state;

(4) The geographical extent of the trading area in which the mark is used;

(5) The channels of trade for the goods or services with which the owner's mark is used;

(6) The degree of recognition of the owner's mark in its and in the other's trading areas and channels of trade in this state; and

(7) The nature and extent of use of the same or similar mark by third parties.

The owner shall be entitled only to injunctive relief in this state in an action brought under this section, unless the subsequent user willfully intended to trade on the owner's reputation or to cause dilution of the owner's mark. If such willful intent is proven, the owner shall also be entitled to the other remedies provided in this chapter, subject to the discretion of the court and the principles of equity.

History:

[48-513, added 1996, ch. 404, sec. 2, p. 1343.]
Idaho Code § 48-104 — Idaho Code / Title 48 / Chapter 1 / Section 48-104
48-104 UNREASONABLE RESTRAINT OF TRADE OR COMMERCE.
Status: in_force

48-104. Unreasonable restraint of trade or commerce. A contract, combination, or conspiracy between two (2) or more persons in unreasonable restraint of Idaho commerce is unlawful.

History:

[48-104, added 2000, ch. 148, sec. 3, p. 378.]
Idaho Code § 48-206 — Idaho Code / Title 48 / Chapter 2 / Section 48-206
48-206 SEPARABILITY.
Status: in_force

48-206. Separability. If any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

History:

[48-206, added 1937, ch. 229, sec. 6, p. 406.]
Idaho Code § 48-315 — Idaho Code / Title 48 / Chapter 3 / Section 48-315
48-315 LEGISLATIVE INTENT REGARDING APPLICABILITY.
Status: in_force

48-315. LEGISLATIVE INTENT regarding APPLICABILITY. The legislature finds and affirms that the legislative intent of including the effective date of January 1, 2021, in the original enactment of this chapter by chapter 139, laws of 2020, was and is to apply the requirements of this chapter, including the limitations on costs, expenses, and fees, including attorney's fees, set forth in section 48-305, Idaho Code, on any and all extraordinary collection actions commenced on or after January 1, 2021, regardless of the date of the provision of goods or delivery of services to a patient.

History:

[48-315, added 2022, ch. 263, sec. 10, p. 850.]
Idaho Code § 48-603D — Idaho Code / Title 48 / Chapter 6 / Section 48-603D
48-603D UNFAIR TELEPHONE SERVICES — UNORDERED GOODS AND SERVICES — DISCLOSURE TO CONSUMERS.
Status: in_force

48-603D. Unfair telephone services — Unordered goods and services — Disclosure to consumers. (1) As used in this section:

(a) "Telecommunications provider" means a person that provides telecommunications service.

(b) "Telecommunications service" means the offering for sale of the conveyance of voice, data or other information at any frequency over any part of the electromagnetic spectrum. Telecommunications service does not include cable television service or broadcast service.

(c) "Telecommunications service agreement" means a contract between the telecommunications provider and a consumer for telecommunications service that is provided to the consumer on a continuing or periodic basis. The term includes an oral, written, or electronically recorded contract, and includes any material amendment to an existing contract.

(2) (a) Section 48-605, Idaho Code, notwithstanding, it is unlawful for a telecommunications provider to request a change in a consumer's local exchange or interexchange carrier without the consumer's verified consent.

(b) For purposes of subsection (2)(a) of this section:

(i) It is the responsibility of the telecommunications provider requesting a change in a telephone service subscriber's local exchange or interexchange carrier to verify that the consumer has authorized the change. A telecommunications provider that does not verify a consumer's change in his or her local exchange or interexchange carrier in accordance with the verification procedures, if any, adopted by the federal communications commission under the telecommunications act of 1996, including subpart K of 47 CFR 64, as those procedures are from time to time amended, commits an unlawful practice within the meaning of this act. A telephone company, wireless carrier or telecommunications carrier providing local exchange service who has been requested by another telecommunications provider to process a change in a consumer's carrier is only liable under this section if it knowingly participates in processing a requested change that is unauthorized or not properly verified; and

(ii) Compliance with applicable federal verification procedures is a complete defense to an allegation of consumer fraud under subsection (2)(a) of this section.

(3) (a) Section 48-605, Idaho Code, notwithstanding, it is unlawful for a telecommunications provider to bill a consumer for goods or services that are in addition to the consumer's telecommunications services without the consumer's authorization adding the goods or services to the consumer's service order.

(b) For purposes of subsection (3)(a) of this section, a telephone company or telecommunications carrier providing billing services for another telecommunications provider is only liable under this section if it knowingly participates in billing a consumer for goods or services without the consumer's authorization for the addition of those goods or services to the consumer's service order.

(4) (a) A telecommunications provider shall be solely responsible for providing written notice to a consumer who has agreed to enter into a telecommunications service agreement with the telecommunications provider.

(b) The notice shall clearly and conspicuously disclose to the consumer that the consumer's local exchange or interexchange carrier has been changed. The notice shall also advise the consumer that the consumer may change back to the previous carrier or select a new carrier by calling the previous carrier or the consumer's preferred carrier. The notice shall also provide the consumer with a toll-free number to call for further information.

(c) The notice shall be sent on or before the fifteenth day after the consumer enters into the telecommunications service agreement, or on or before the day the telecommunications provider first bills the consumer under the agreement, whichever is later.

(d) The notice must be a separate document sent for the sole purpose of advising the consumer of his or her entering into a telecommunications service agreement. The notice shall also not be combined with any sweepstakes entry form in the same document or other like inducement.

(e) The sending of this notice shall not constitute a defense to a charge that a consumer did not consent to enter into a telecommunications service agreement or that the consumer's consent was verified according to federal law.

(f) Compliance with the notification requirements, if any, adopted by the federal communications commission under the telecommunications act of 1996, including subpart K of 47 CFR 64, shall be deemed to be compliance with this subsection.

(g) A consumer who selects a different carrier within three (3) days after receiving the notice under subsection (4)(a) of this section may not be charged a cancellation charge or disconnect fee unless the consumer has more than five (5) telephone lines and has entered into a written agreement which specifies such charges and fees, and the telecommunications provider has complied with the verification procedures under subsection (2)(b) of this section.

History:

[48-603D, added 1998, ch. 274, sec. 1, p. 904.]
Idaho Code § 48-607 — Idaho Code / Title 48 / Chapter 6 / Section 48-607
48-607 ADDITIONAL RELIEF BY COURT AUTHORIZED.
Status: in_force

48-607. Additional relief by court authorized. In any action brought by the attorney general, wherein the state prevails, the court shall, in addition to the relief granted pursuant to section 48-606, Idaho Code, award reasonable costs, investigative expenses and attorney's fees to the attorney general. These costs and fees shall be remitted to the consumer protection account created in section 48-606, Idaho Code, and shall be used for the furtherance of the attorney general's duties and activities under this chapter. In addition, the court may:

(1) Make such orders or judgments as may be necessary to prevent the use or employment by a person of any method, act or practice declared to be a violation of the provisions of this chapter;

(2) Make such orders or judgments as may be necessary to compensate any consumers for actual damages sustained or to provide for restitution to any consumers of money, property or other things received from such consumers in connection with a violation of the provisions of this chapter;

(3) Make such orders or judgments as may be necessary to carry out a transaction in accordance with consumers' reasonable expectations;

(4) Appoint a master, receiver or escrow agent to oversee assets or order sequestration of assets whenever it shall appear that the defendant threatens or is about to remove, conceal or dispose of property to the damage of persons to whom restoration would be made under this subsection and assess the expenses of a master, receiver or escrow agent against the defendant;

(5) Revoke any license or certificate authorizing that person to engage in business in this state;

(6) Enjoin any person from engaging in business in this state; and/or

(7) Grant other appropriate relief.

History:

[48-607, added 1971, ch. 181, sec. 8, p. 847; am. 1973, ch. 285, sec. 7, p. 601; am. 1990, ch. 273, sec. 5, p. 771.]
Idaho Code § 48-909 — Idaho Code / Title 48 / Chapter 9 / Section 48-909
48-909 CIVIL REMEDY.
Status: in_force

48-909. Civil remedy. Any consumer injured by a violation of this chapter may bring a civil action to enforce this chapter and recover costs and disbursements, including reasonable attorney's fees incurred in the civil action. However, the provisions of this section do not include recovery of attorney's fees previously incurred in the course of informal dispute resolution. In addition to the remedies provided herein, the attorney general may, when in the public interest, bring an action pursuant to the Idaho consumer protection act, chapter 6, title 48, Idaho Code, against any manufacturer for violation of this chapter. For purposes of such action, violations of this chapter shall be deemed to be violations of Idaho's consumer protection act. In any such action, the attorney general and district court shall have the same authority as is granted the attorney general and district court under the Idaho consumer protection act.

History:

[48-909, added 1998, ch. 333, sec. 2, p. 1077.]
Idaho Code § 48-608 — Idaho Code / Title 48 / Chapter 6 / Section 48-608
48-608 LOSS FROM PURCHASE OR LEASE — ACTUAL AND PUNITIVE DAMAGES.
Status: in_force

48-608. Loss from purchase or lease — Actual and punitive damages. (1) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by this chapter, may treat any agreement incident thereto as voidable or, in the alternative, may bring an action to recover actual damages or one thousand dollars ($1,000), whichever is the greater; provided, however, that in the case of a class action, the class may bring an action for actual damages or a total for the class that may not exceed one thousand dollars ($1,000), whichever is the greater. Any such person or class may also seek restitution, an order enjoining the use or employment of methods, acts or practices declared unlawful under this chapter and any other appropriate relief which the court in its discretion may deem just and necessary. The court may, in its discretion, award punitive damages and may provide such equitable relief as it deems necessary or proper in cases of repeated or flagrant violations.

(2) An elderly person or a disabled person who brings an action under subsection (1) of this section shall, in addition to the remedies available under subsection (1) of this section, recover from the offending party an enhanced penalty of fifteen thousand dollars ($15,000) or treble the actual damages, whichever is greater.

(a) In order to recover the enhanced penalty, the court must find that the offending party knew or should have known that his conduct was perpetrated against an elderly or disabled person and that his conduct caused one (1) of the following:

(i) Loss or encumbrance of the elderly or disabled person's primary residence;

(ii) Loss of more than twenty-five percent (25%) of the elderly or disabled person's principal monthly income;

(iii) Loss of more than twenty-five percent (25%) of the funds belonging to the elderly or disabled person set aside by the elderly or disabled person for retirement or for personal or family care or maintenance;

(iv) Loss of more than twenty-five percent (25%) of the monthly payments that the elderly or disabled person receives under a pension or retirement plan; or

(v) Loss of assets essential to the health or welfare of the elderly or disabled person.

(b) If the court orders restitution under subsection (1) of this section for a pecuniary or monetary loss suffered by an elderly or disabled person, the court shall require that the restitution be paid by the offending party before he pays the enhanced penalty imposed by this subsection.

(c) In this subsection:

(i) "Disabled person" means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one (1) major life activity.

(ii) "Elderly person" means a person who is at least sixty-two (62) years of age.

(iii) "Major life activity" means self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed.

(3) An action brought under subsection (1) of this section may be brought in the county in which the person against whom it is brought resides, has his principal place of business, or is doing business, or in the county where the transaction or any substantial portion thereof occurred.

(4) Upon commencement of any action brought under this section, the clerk of the court shall, for informational purposes only, mail a copy of the complaint or other initial pleading to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.

(5) Costs shall be allowed to the prevailing party unless the court otherwise directs. In any action brought by a person under this section, the court shall award, in addition to the relief provided in this section, reasonable attorney's fees to the plaintiff if he prevails. The court in its discretion may award attorney's fees to a prevailing defendant if it finds that the plaintiff's action is spurious or brought for harassment purposes only.

(6) Any permanent injunction, judgment or order of the court made under section 48-606(1) through (3) or section 48-607, Idaho Code, shall be admissible as evidence in an action brought under this section that the respondent used or employed a method, act or practice declared unlawful by this chapter.

History:

[48-608, added 1971, ch. 181, sec. 9, p. 847; am. 1973, ch. 285, sec. 8, p. 601; am. 1990, ch. 273, sec. 6, p. 771; am. 2008, ch. 257, sec. 1, p. 749.]
Idaho Code § 48-601 — Idaho Code / Title 48 / Chapter 6 / Section 48-601
48-601 SHORT TITLE AND PURPOSE.
Status: in_force

48-601. Short title and purpose. This act shall be known and may be cited as the "Idaho consumer protection act". The purpose of this act is to protect both consumers and businesses against unfair methods of competition and unfair or deceptive acts and practices in the conduct of trade or commerce, and to provide efficient and economical procedures to secure such protection. It is the intention of the legislature that this chapter be remedial and be so construed.

History:

[48-601, added 1971, ch. 181, sec. 2, p. 847; am. 1990, ch. 273, sec. 1, p. 767.]
Idaho Code § 48-1806 — Idaho Code / Title 48 / Chapter 18 / Section 48-1806
48-1806 CONTENTS OF DISCLOSURE STATEMENT FOR SYSTEM PURCHASE AGREEMENT.
Status: in_force

48-1806. Contents of disclosure statement for system purchase agreement. If a solar retailer is proposing to enter a system purchase agreement with a potential consumer, the disclosure statement required in section 48-1804, Idaho Code, shall also include:

(1) A statement with substantially the following form and content: "You are entering an agreement to purchase an energy generation system. You will own the system installed on your property. You may be entitled to federal tax credits because of the purchase. You should consult your tax advisor.";

(2) The price quoted to the potential consumer for a non-financed purchase of the system;

(3) If the system purchase agreement is not an outright purchase and requires installment payments:

(a) The interest rate charged and a schedule of required and anticipated payments from the consumer to the solar retailer and any third parties over the term of the system purchase agreement, including application fees, up-front charges, down payment, scheduled payments under the system purchase agreement, payments at the end of the term of the system purchase agreement, payments for any operations or maintenance contract offered by or through the solar retailer in connection with the system purchase agreement, payments for replacement of system components likely to require replacement before the end of the term of the system purchase agreement, and any prepayment penalties; and

(b) A figure that reflects the total amount to be paid by the consumer pursuant to the charges set forth in paragraph (a) of this subsection;

(4) A statement indicating the charges associated with insuring the system against loss or a statement that loss insurance is not included within the schedule of payments under the system purchase agreement;

(5) A statement, if applicable, with substantially the following form and content: "You are responsible for obtaining insurance coverage for any loss or damage to the system. You should consult an insurance professional to understand how to protect against the risk of loss or damage to the system. You should also consult your home insurer about the potential impact of installing a system."; and

(6) Information disclosing whether the system purchase agreement is transferrable to a purchaser of the home or real property where the system is located and, if so, any conditions for a transfer.

History:

[48-1806, added 2019, ch. 267, sec. 1, p. 784.]
Idaho Code § 48-508 — Idaho Code / Title 48 / Chapter 5 / Section 48-508
48-508 RECORDS.
Status: in_force

48-508. Records. The secretary of state shall keep for public examination a record of all marks registered or renewed under this act, as well as a record of all documents filed pursuant to section 48-507, Idaho Code, until disposed of in accordance with chapter 57, title 67, Idaho Code.

History:

[48-508, added 1996, ch. 404, sec. 2, p. 1342.]
Idaho Code § 48-1205 — Idaho Code / Title 48 / Chapter 12 / Section 48-1205
48-1205 PRIVATE CAUSES OF ACTION AND REMEDIES.
Status: in_force

48-1205. Private causes of action and remedies. (1) Any person who, pursuant to a charitable solicitation, suffers damages as a result of any act, conduct, or practice declared unlawful under the provisions of this chapter, shall have the same rights and remedies in seeking and obtaining redress under the provisions of this chapter as those granted under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

(2) The remedies provided for in this chapter are not exclusive, and shall be in addition to any other procedures or remedies for any violation or conduct provided for in other law.

History:

[48-1205, added 1993, ch. 246, sec. 1, p. 859.]
Idaho Code § 48-1804 — Idaho Code / Title 48 / Chapter 18 / Section 48-1804
48-1804 DISCLOSURE STATEMENT REQUIRED.
Status: in_force

48-1804. disclosure statement required. (1) Before entering a solar agreement, a solar retailer shall provide to a potential consumer a separate, written disclosure statement as provided in this section and, as applicable, the information required in sections 48-1805, 48-1806, and 48-1807, Idaho Code.

(a) The requirements of this subsection may be satisfied by the electronic delivery of a disclosure statement to the potential consumer.

(b) An electronic document delivered pursuant to paragraph (a) of this subsection shall satisfy the font size standard under subsection (2)(a) of this section if the required disclosures are displayed in a clear and conspicuous manner.

(2) A disclosure statement under subsection (1) of this section shall:

(a) Be in at least twelve (12) point font;

(b) Contain:

(i) The name, address, and telephone number or e-mail address of the potential consumer;

(ii) The name, address, telephone number, and e-mail address of the solar retailer;

(iii) The name, address, telephone number, e-mail address, and state contractor registration number of the person who is expected to install the system that is the subject of the solar agreement; and

(iv) If the solar retailer is the person who is expected to provide operations or maintenance support to the potential consumer or who introduced that person to the potential consumer, the name, address, telephone number, e-mail address, and any applicable state contractor registration number of the operations or maintenance support person; and

(c) Any applicable information and disclosures as required in sections 48-1805, 48-1806, and 48-1807, Idaho Code.

History:

[48-1804, added 2019, ch. 267, sec. 1, p. 782.]
Idaho Code § 48-1105 — Idaho Code / Title 48 / Chapter 11 / Section 48-1105
48-1105 REMEDIES.
Status: in_force

48-1105. Remedies. (1) When an information provider has failed to comply with any provision of this chapter, any obligation by a consumer that may have arisen from the dialing of a pay-per-telephone call service is void and unenforceable.

(2) Any failure to comply with any provision of this chapter is an unfair and deceptive act or practice. Any person aggrieved by a violation of this chapter shall be entitled to all available remedies against the information provider, pursuant to the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

(3) The remedies provided for in this chapter are not exclusive, and shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other statute.

History:

[48-1105, added 1992, ch. 29, sec. 1, p. 92.]
Idaho Code § 48-801 — Idaho Code / Title 48 / Chapter 8 / Section 48-801
48-801 DEFINITIONS.
Status: in_force

48-801. Definitions. As used in this chapter unless the context requires otherwise:

(1) "Improper means" include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

(2) "Misappropriation" means:

(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:

(A) Used improper means to acquire knowledge of the trade secret; or

(B) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

(i) Derived from or through a person who had utilized improper means to acquire it;

(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(C) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(4) "Computer program" means information which is capable of causing a computer to perform logical operation(s) and:

(a) Is contained on any media or in any format;

(b) Is capable of being input, directly or indirectly, into a computer; and

(c) Has prominently displayed a notice of copyright, or other proprietary or confidential marking, either within or on the media containing the information.

(5) "Trade secret" means information, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that:

(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Trade secrets as defined in this subsection are subject to disclosure by a public agency according to chapter 1, title 74, Idaho Code.

History:

[48-801, added 1981, ch. 240, sec. 1, p. 483; am. 1987, ch. 67, sec. 1, p. 121; am. 1990, ch. 213, sec. 68, p. 536; am. 2015, ch. 141, sec. 125, p. 473.]
Idaho Code § 48-611 — Idaho Code / Title 48 / Chapter 6 / Section 48-611
48-611 INVESTIGATIVE DEMAND BY ATTORNEY GENERAL — REPORT REQUIRED.
Status: in_force

48-611. Investigative demand by attorney general — Report required. (1) When the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this act, he may execute in writing and cause to be served upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation, an investigative demand requiring such person to furnish a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation. The return date in said investigative demand shall be not less than twenty (20) days after serving of the demand.

(2) At any time before the return date specified in an investigative demand, or within twenty (20) days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the district court of the county where the person served with the demand resides or has his principal place of business or in the district court in Ada County.

History:

[48-611, added 1971, ch. 181, sec. 12, p. 847; am. 1993, ch. 102, sec. 4, p. 260.]
Idaho Code § 48-1601 — Idaho Code / Title 48 / Chapter 16 / Section 48-1601
48-1601 UNLAWFUL PRACTICES — EXCEPTIONS.
Status: in_force

48-1601. Unlawful practices — Exceptions. It shall be unlawful and a violation of this chapter for any person to sell, market, promote, advertise or otherwise distribute any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts or access to discounts from health care providers in health-related purchases where:

(1) Such card or other purchasing mechanism or device does not expressly provide in bold and prominent type that the discounts are not insurance;

(2) Such discounts are not specifically authorized by an individual and separate contract with each health care provider listed in conjunction with the card or other purchasing mechanism or device; or

(3) The discounts or access to discounts offered or the range of discounts or access to the range of discounts offered are misleading, deceptive or fraudulent, regardless of the literal wording used.

(4) Nothing in this chapter shall be construed to apply to:

(a) A customer discount or membership card issued by a store or buying club for use at that store or buying club;

(b) A benefit administered by an insurer, a carrier or a managed care organization as defined in sections 41-103, 41-2212 and 41-3903, Idaho Code, respectively.

History:

[48-1601, added 2000, ch. 185, sec. 1, p. 455.]
Idaho Code § 48-1507 — Idaho Code / Title 48 / Chapter 15 / Section 48-1507
48-1507 RULES — AUTHORITY TO ADOPT — INFORMATION REQUESTS — CONSEQUENCES OF REFUSAL TO PROVIDE INFORMATION.
Status: in_force

48-1507. Rules — Authority to adopt — Information requests — Consequences of refusal to provide information. (1) The attorney general may adopt such rules, pursuant to chapter 52, title 67, Idaho Code, as the attorney general deems appropriate or necessary to implement this chapter.

(2) The attorney general may request that the nonprofit hospital giving notice under section 48-1503, Idaho Code, in addition to providing information related to the review factors set forth in section 48-1506, Idaho Code, provide other information which the attorney general reasonably deems necessary and relevant to review the nonprofit hospital conversion transaction.

(3) If the nonprofit hospital declines to provide the information requested by the attorney general in subsection (2) of this section, the attorney general may apply to the court for an order requiring the disclosure of the information, which shall be granted if found to be necessary and relevant.

History:

[48-1507, added 2000, ch. 314, sec. 1, p. 1057.]
Idaho Code § 48-603 — Idaho Code / Title 48 / Chapter 6 / Section 48-603
48-603 UNFAIR METHODS AND PRACTICES.
Status: in_force

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.]
Idaho Code § 48-1913 — Idaho Code / Title 48 / Chapter 19 / Section 48-1913
48-1913 PENALTIES AND FEES RECOVERED — DISPOSITION.
Status: in_force

48-1913. PENALTIES AND FEES RECOVERED — DISPOSITION. Any civil penalties, costs, or attorney's fees sued for and recovered by the attorney general under this chapter shall be remitted to the consumer protection fund created in section 48-606, Idaho Code, and shall be used for the furtherance of the attorney general's duties and activities under the provisions of this chapter, pursuant to legislative appropriation.

History:

[48-1913, added 2020, ch. 321, sec. 1, p. 926.]
Idaho Code § 48-1405 — Idaho Code / Title 48 / Chapter 14 / Section 48-1405
48-1405 NONCONFORMITY DISCLOSURE REQUIREMENT.
Status: in_force

48-1405. Nonconformity disclosure requirement. No assistive device returned by a consumer or assistive device lessor in this state or another state may be sold or leased in this state unless full disclosure of the reason for return is made to the prospective buyer or lessee.

History:

[48-1405, added 1997, ch. 276, sec. 1, p. 822.]
Idaho Code § 48-2102 — Idaho Code / Title 48 / Chapter 21 / Section 48-2102
48-2102 DEFINITIONS.
Status: in_force

48-2102. definitions. As used in this chapter:

(1) "Account holder" means a resident of Idaho who has an account or a profile with a covered social media platform, which is associated by the covered social media platform with a unique identifier, during any period in which a covered social media platform knows or should reasonably know that the resident is physically located in Idaho.

(2) "Addictive interface features" means any of the following:

(a) Infinite scrolling, which means either:

(i) Continuously loading content, which is content that loads as the account holder scrolls down the page without the need to open a separate page; or

(ii) Seamless content, which is content that uses pages with no visible or apparent end or page breaks;

(b) Display of a profile-based feed;

(c) Push notifications, whether audible, visual, or tactile, designed to call the attention of the account holder to newly posted content or to responses to content posted by the account holder or designed to inform the account holder about other specific activities or events related to the account holder's account; however, this does not include notifications for the purposes of alerting the account holder to incoming calls, text messages, email messages, or similar messages sent by human contacts and delivered by means of any application;

(d) Auto-play video, which is video that begins to play without the account holder first clicking on the video or on a play button for that video;

(e) Display of personal metrics that indicate the number of times other users have clicked a button or taken other action to indicate their reaction to content posted by the account holder or that they have shared or reposted content posted by the account holder; or

(f) Display of awards, badges, tiers, or any other form of recognition of the account holder based on hours spent by the account holder on the social media platform, number of followers, number of postings, frequency or regularity of postings, or any other metric of usage or performance on the social media platform.

(3) "Child" means a resident of Idaho who is sixteen (16) years of age or younger.

(4) "Covered social media platform" means a social media platform, including any parent, subsidiary, or affiliate of the social media platform, that has collectively generated at least one billion dollars ($1,000,000,000) in advertising revenues worldwide in one (1) or more of the preceding three (3) years.

(5) "First trigger date" means, with respect to each account holder and each covered social media platform, the first date when the account holder has used the covered social media platform for twenty-five (25) cumulative hours within a six (6) month period, following the effective date of this chapter.

(6) "Minor" means a resident of Idaho who is under the age of majority but does not include emancipated minors.

(7) "Notice to a parent" shall have the same meaning as established in 15 U.S.C. 6501 and implementing regulations pursuant to 16 CFR 312.4.

(8) "Paid commercial advertising" means advertising for which the social media platform receives compensation of any sort in return for displaying and that seeks to encourage the account holder to purchase a product or service or otherwise engage in a commercial transaction or to follow a link to a website that encourages the account holder to engage in a commercial transaction.

(9) "Parent" includes any legal guardian of a minor.

(10)(a) "Personal information" means information about an account holder collected online that comprises personal information pursuant to 15 U.S.C. 6501(8) and additionally includes:

(i) Any record of or information derived from online activity or history, search history, or online communications of an account holder with respect to any application, website, or social media platform;

(ii) Any photograph or biometric information that is used or could reasonably be used to identify the account holder, including but not limited to fingerprints, voiceprints, iris or retina imagery scans, facial templates, and gait imagery or metrics; and

(iii) Any geolocation information associated with an account holder or with a device of an account holder.

(b) "Personal information," for the purposes of this chapter, does not include:

(i) An express search term, request, or selection submitted by the account holder during the current session on the covered social media platform;

(ii) An identifier used solely for the purpose of directing personal communications to or from the account holder; or

(iii) Information that comprises account holder-selected or parent-selected settings relating to privacy, accessibility, or blocking of age-inappropriate content or relating to technical information concerning the account holder's device.

(11)(a) "Profile-based feed" means a feed in which the material presented has been selected or prioritized by the social media platform for display to an account holder based in whole or in part on personal information of the account holder.

(b) Content created by a third party that is displayed to the account holder because the account holder has taken an affirmative step to select the third party's content for inclusion in the feed displayed to the account holder, such as by "following," "friending," or engaging in a similar action in relation to the third party, and not otherwise selected or prioritized for display to the account holder based on personal information shall not render such feed a profile-based feed.

(c) Content excluded by a covered social media platform from the feed of an account holder based on information about or any estimate of the age of an account holder, solely for the purpose of excluding content that is obscene to children sixteen (16) years of age or younger or that by policy of the covered social media platform is not suitable for presentation to children of that age, shall not render such feed a profile-based feed.

(12) "Profile-based paid commercial advertising" means paid commercial advertising that has been selected or prioritized for display to an account holder based in whole or in part on personal information of the account holder. Advertising selected for display to an account holder shall not be considered profile-based paid commercial advertising if the selection process considers information about or an estimate of the age of the account holder solely for the purpose of excluding advertisements that by law or policy of the covered social media platform are not suitable for presentation to children of that age.

(13) "Second trigger date" means, with respect to each account holder and each covered social media platform, the first date when the account holder has used the covered social media platform for fifty (50) cumulative hours within a six (6) month period, following the effective date of this chapter.

(14)(a) "Social media platform" means an internet website or application that:

(i) Is open to the public;

(ii) Allows a user to create an account;

(iii) Primarily functions to facilitate the viewing, sharing, or generation of content by users; and

(iv) Utilizes addictive features, personal information to inform targeted advertising, or profile-based feeds.

(b) "Social media platform" does not include:

(i) A broadband internet access service as defined by the federal communications commission; or

(ii) An online service, website, or application where the exclusive function is to facilitate private communications, including email, video conferencing, and direct messaging.

(15) "Verifiable parental consent" shall have the same meaning as established pursuant to 15 U.S.C. 6501(9) and the implementing regulations pursuant to 16 CFR 312.5, with the added requirement that the covered social media platform has retained documentation sufficient to reasonably establish that it has obtained verifiable parental consent within the meanings of those provisions.

History:

[48-2102, added 2026, ch. 268, sec. 1, p. 1128.]
Idaho Code § 48-312 — Idaho Code / Title 48 / Chapter 3 / Section 48-312
48-312 NON-EXTRAORDINARY COLLECTION ACTIONS.
Status: in_force

48-312. Non-Extraordinary collection actions. Nothing in this chapter shall be interpreted to restrict the ability of any person to demand and collect payment for the principal amount of any medical goods or services by means other than extraordinary collection action, as defined in section 48-303, Idaho Code.

History:

[48-312, added 2020, ch. 139, sec. 1, p. 430.]
Idaho Code § 48-101 — Idaho Code / Title 48 / Chapter 1 / Section 48-101
48-101 SHORT TITLE.
Status: in_force

48-101. Short title. This act shall be known and may be cited as the "Idaho Competition Act."

History:

[48-101, added 2000, ch. 148, sec. 3, p. 378.]
Idaho Code § 48-1004 — Idaho Code / Title 48 / Chapter 10 / Section 48-1004
48-1004 TELEPHONE SOLICITOR DUTIES.
Status: in_force

48-1004. Telephone solicitor duties. (1) Telephone solicitors shall:

(a) Register with the attorney general at least ten (10) days prior to conducting business in Idaho. All registrations shall be valid for a period of one (1) year from the effective date of the registration. Any information reported in the application which has changed during the year shall be reported within two (2) weeks of such change to the attorney general and shall be included in an amended registration form filed at the time the telephone solicitor renews his registration. Registrations may be renewed annually by applying to the attorney general and paying a registration renewal fee;

(b) File with the attorney general an irrevocable consent appointing the attorney general as an agent to receive civil process in any action, suit, or proceeding brought under this chapter;

(c) Provide his registration number to any purchaser who requests the registration number;

(d) Orally inform the purchaser at the time the purchase is completed of his right to cancel as provided in subsection 48-1004(2), Idaho Code, and state the telephone solicitor's registration number issued by the attorney general;

(e) Provide accurate and complete information when making a registration application and possess and maintain a valid registration as required in this chapter; and

(f) Give the full street address, including the telephone number, of the telephone solicitor if a sale or purchase is completed.

(2) Unless the purchaser has an unqualified right to return the goods or cancel the services and receive a full refund, the telephone solicitor shall send a written confirmation to the purchaser, which shall contain the following statement in ten (10) point bold face type, which sets forth a purchaser's right to cancel any agreement made pursuant to a telephone solicitation under this section:

NOTICE OF CANCELLATION

You may cancel this transaction, without any penalty or obligation whatsoever, within three business days of the date in which you receive this written confirmation.

If you cancel, all payments or other consideration which may have already been made by you will be returned within ten business days following receipt by the telephone solicitor of your cancellation notice.

If you cancel, you must return the goods to the telephone solicitor at the address listed below and at the telephone solicitor's risk and expense within twenty-one days of the date you receive back from the telephone solicitor the payments or consideration you have already made.

To cancel this transaction, deposit in the mail or deliver a signed and dated copy of this cancellation notice or any other written notice to …..(Name of telephone solicitor)….., at …..(Address of seller's place of business)….. not later than midnight of the third business day after which you received this notice.

I hereby cancel this transaction.

(Date)

(Buyer's signature)

History:

[48-1004, added 1992, ch. 27, sec. 1, p. 85.]
Idaho Code § 48-108 — Idaho Code / Title 48 / Chapter 1 / Section 48-108
48-108 CIVIL ACTIONS AND SETTLEMENTS BY THE ATTORNEY GENERAL.
Status: in_force

48-108. Civil actions and settlements by the attorney general. (1) Whenever the attorney general has reason to believe that any person is engaging, has engaged, or is about to engage in any act or practice declared unlawful by this chapter, the attorney general may bring an action in the name of the state against that person:

(a) To obtain a declaratory judgment that the act or practice violates the provisions of this chapter;

(b) To enjoin any act or practice that violates the provisions of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice;

(c) To recover on behalf of the state and its agencies actual damages or restitution;

(d) To recover civil penalties of up to fifty thousand dollars ($50,000) per violation of section 48-104 or 48-105, Idaho Code, or any injunction, judgment or consent order issued or entered into pursuant to this chapter and reasonable expenses, investigative costs and attorney's fees; and

(e) To obtain an order requiring divestiture of any assets:

(i) Acquired in violation of section 48-106, Idaho Code, to the extent determined necessary by the district court to avoid the creation of a monopoly or any likely substantial lessening of competition resulting from such transaction found violative of section 48-106, Idaho Code; or

(ii) To restore competition in any line of Idaho commerce which has been eliminated by a violation of section 48-105, Idaho Code.

(2) The attorney general also may bring a civil action in the name of the state, as parens patriae on behalf of persons residing in this state, to secure monetary relief as provided under this chapter for injury directly or indirectly sustained by those persons because of any violation of section 48-104 or 48-105, Idaho Code, in accordance with the following provisions:

(a) The district court shall award the attorney general as monetary relief the total damages sustained for violations of section 48-104 or 48-105, Idaho Code, and the cost of suit, including a reasonable attorney's fee. The court shall increase any damage recovery to an amount not in excess of three (3) times the damages sustained if the court finds that the violation at issue constituted a per se violation of section 48-104, Idaho Code, or an intentional violation of section 48-105, Idaho Code. The court shall exclude from the amount of monetary relief awarded in such action any amount which duplicates amounts which have been awarded for the same injury already or which are allocable to persons who have excluded their claims pursuant to subsection (2)(c) of this section.

(b) In any action brought under this section, the attorney general shall, at such times, in such manner, and with such content as the district court may direct, cause notice of the parens patriae action to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any person, the court shall direct the attorney general to give such notice as may be required by due process of law.

(c) Any person on whose behalf an action is brought under this section may elect to exclude from such adjudication the portion of the attorney general's claim for monetary relief attributable to him by filing notice of such election with the court within the time period specified in the notice of such action given to the persons to be benefited by the action. Any person failing to give such notice shall be barred during the pendency of such action from commencing an action in his or her own name for the injury alleged in such action and the final judgment in such action shall be res judicata as to any claim which could be brought by such person under this act based on the facts alleged or proven in such action.

(d) All damages shall be distributed in such a manner that will afford each person a reasonable opportunity to secure his appropriate portion of the net monetary relief.

(3) In lieu of instigating or continuing an action or proceeding, or to conclude an investigation commenced or contemplated under section 48-109, Idaho Code, the attorney general may accept a consent decree with respect to any act or practice alleged to be a violation of this chapter. The consent decree may include a stipulation for the payment of civil penalties, the attorney general's reasonable expenses, investigative costs and attorney's fees, an agreement to pay damages or to allow for restitution of money, property or other things received in connection with a violation of this chapter, and agreed to injunctive provisions. Before any consent decree entered into pursuant to this section is effective, it must be approved by the district court and an entry made in the district court in the manner required for making an entry of judgment. If the consent decree submitted to the court is to settle an action brought under subsection (2) of this section, notice of the proposed settlement shall be given in such manner as the court directs. Once court approval is received, any breach of the conditions of the consent decree shall be treated as a violation of a court order, and shall be subject to all penalties provided by law for violation of court orders, including the penalties set forth in section 48-111, Idaho Code.

(4) The attorney general may proceed under any antitrust laws in the federal courts on behalf of this state or any of its political subdivisions or agencies.

History:

[48-108, added 2000, ch. 148, sec. 3, p. 379.]
Idaho Code § 48-603C — Idaho Code / Title 48 / Chapter 6 / Section 48-603C
48-603C UNCONSCIONABLE METHODS, ACTS OR PRACTICES.
Status: in_force

48-603C. Unconscionable methods, acts or practices. (1) Any unconscionable method, act or practice in the conduct of any trade or commerce violates the provisions of this chapter whether it occurs before, during, or after the conduct of the trade or commerce.

(2) In determining whether a method, act or practice is unconscionable, the following circumstances shall be taken into consideration by the court:

(a) Whether the alleged violator knowingly or with reason to know, took advantage of a consumer reasonably unable to protect his interest because of physical infirmity, ignorance, illiteracy, inability to understand the language of the agreement or similar factor;

(b) Whether, at the time the consumer transaction was entered into, the alleged violator knew or had reason to know that the price grossly exceeded the price at which similar goods or services were readily available in similar transactions by similar persons, although price alone is insufficient to prove an unconscionable method, act or practice;

(c) Whether the alleged violator knowingly or with reason to know, induced the consumer to enter into a transaction that was excessively one-sided in favor of the alleged violator;

(d) Whether the sales conduct or pattern of sales conduct would outrage or offend the public conscience, as determined by the court.

History:

[48-603C, added 1990, ch. 273, sec. 3, p. 769.]
Idaho Code § 48-1202 — Idaho Code / Title 48 / Chapter 12 / Section 48-1202
48-1202 DEFINITIONS.
Status: in_force

48-1202. Definitions. In this chapter:

(1) "Charitable organization" means:

(a) Any person determined by the Internal Revenue Service to be tax exempt pursuant to section 501(c)(3) of the Internal Revenue Code; or

(b) Any person who is or who holds himself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental, civic, veteran or other eleemosynary purpose or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety, or any person who in any manner engages in a charitable solicitation.

(2) "Charitable purpose" means:

(a) Any purpose described in Internal Revenue Code section 501(c)(3); or

(b) Any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental, civic, veteran, or other eleemosynary purpose or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety.

(3) "Charitable solicitation" means any oral or written request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such money, credit, property, financial assistance or other thing of value or any portion thereof, will be used for a charitable purpose or benefit a charitable organization. No contribution need be made in order for a charitable solicitation to be deemed to have taken place.

(4) "Container" means any box, carton, package, receptacle, canister, jar, dispenser or machine that offers a product for sale or distribution as part of a charitable solicitation.

(5) "Contribution" means the grant, promise or pledge of money, credit, property, financial assistance or other thing of value in response to a charitable solicitation.

(6) "Damages" means a loss, detriment or injury, whether to person, property, reputation or rights through any act or practice declared unlawful under the provisions of this chapter.

(7) "Disclosure label" means a printed or typed notice that is legible and easy to read and is affixed to a container in a conspicuous place on containers accessible to the public. Disclosure labels shall inform the public of the following:

(a) The approximate annual percentage paid, if any, to any individual, person or charitable organization to maintain, service or collect the contributions raised by the solicitation;

(b) The net percentage or sum paid to the specific charitable purpose in the most recent calendar year;

(c) If the maintenance, service, and collection from the container is performed by volunteers or paid individuals.

(8) "Person" means natural persons, partnerships, both limited and general, corporations, both foreign and domestic, companies, trusts, business entities, associations, both incorporated and unincorporated, and any other legal entity or any group associated in fact although not a legal entity, or any agent, assign, heir, servant, employee or representative thereof.

History:

[48-1202, added 1993, ch. 246, sec. 1, p. 858; am. 1996, ch. 182, sec. 1, p. 577.]
Idaho Code § 48-1305 — Idaho Code / Title 48 / Chapter 13 / Section 48-1305
48-1305 PROHIBITED CONDUCT.
Status: in_force

48-1305. Prohibited conduct. No performing rights society or any agent or employee thereof shall:

(1) Enter onto the premises of a proprietor's business for the purpose of discussing or inquiring about a contract for the payment of royalties with the proprietor or his employees, without first identifying himself to the proprietor or his employees and making known to them the purpose of the discussion or inquiry;

(2) Engage in any coercive conduct, act or practice that is substantially disruptive to a proprietor's business;

(3) Use or attempt to use any unfair or deceptive act or practice in negotiating with a proprietor; or

(4) Fail to comply with or fulfill the obligations imposed by sections 48-1303 and 48-1304, Idaho Code. However, nothing in this chapter shall be construed to prohibit a performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor's obligation under the copyright laws of the United States pursuant to title 17 of the United States Code, P.L. 94-553 (17 U.S.C. sec. 101 et seq.).

History:

[48-1305, added 1996, ch. 330, sec. 1, p. 1125.]
Idaho Code § 48-1904 — Idaho Code / Title 48 / Chapter 19 / Section 48-1904
48-1904 COURTS NOT IMPAIRED — CONFLICT OF LAWS.
Status: in_force

48-1904. COURTS NOT IMPAIRED — CONFLICT OF LAWS. Nothing in this chapter shall impair the rights and powers of the courts of this state with respect to any charitable organization.

History:

[48-1904, added 2020, ch. 321, sec. 1, p. 922.]
Idaho Code § 48-307 — Idaho Code / Title 48 / Chapter 3 / Section 48-307
48-307 BURDEN OF PROOF.
Status: in_force

48-307. burden of proof. Any person seeking to engage in an extraordinary collection action bears the burden of establishing that the requirements of sections 48-304 and 48-306, Idaho Code, if applicable, have been satisfied prior to engaging in any extraordinary collection action. Any party commencing a judicial action against a patient must plead with particularity its compliance with each requirement of sections 48-304 and 48-306, Idaho Code, as the case may be, and must specifically identify the name, group, and policy numbers of the third-party payor to which the health care provider submitted the charges in connection with the provision of goods or delivery of services, along with the date of each submission.

History:

[48-307, added 2020, ch. 139, sec. 1, p. 429; am. 2022, ch. 263, sec. 5, p. 849.]
Idaho Code § 48-2204 — Idaho Code / Title 48 / Chapter 21 / Section 48-2204
48-2204 OPERATOR REQUIREMENTS — MINORS.
Status: in_force

48-2104 [48-2204]. operator requirements — minors. [EFFECTIVE JULY 1, 2027] (1) An operator shall clearly and conspicuously disclose to minor account holders that they are interacting with artificial intelligence:

(a) As a persistent visible disclaimer; or

(b) Both:

(i) At the beginning of each session; and

(ii) Appearing at least every three (3) hours in a continuous conversational AI service interaction.

(2) Where an operator knows or has reasonable certainty that an account holder is a minor, the operator shall not provide the user with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the conversational AI service.

(3) For minor account holders, an operator shall institute reasonable measures to prevent the conversational AI service from:

(a) Producing visual material of sexually explicit conduct;

(b) Generating direct statements that the account holder should engage in sexually explicit conduct; or

(c) Generating statements that sexually objectify the account holder.

(4) For minor account holders, an operator shall institute reasonable measures to prevent a conversational AI service from generating statements that would lead reasonable persons to believe that they are interacting with a human, including:

(a) Explicit claims that the conversational AI service is sentient or human;

(b) Statements that simulate emotional dependence;

(c) Statements that simulate romantic or sexual innuendos; or

(d) Role-playing of adult-minor romantic relationships.

(5) An operator shall offer tools for account holders and, where such account holders are under thirteen (13) years of age, their parents or guardians, to manage the account holder's privacy and account settings. An operator shall also offer related tools to the parents or guardians of minor account holders thirteen (13) years of age and older, as appropriate based on relevant risks.

History:

[(48-2204) 48-2104, added 2026, ch. 249, sec. 1, p. 1051.]
Idaho Code § 48-613 — Idaho Code / Title 48 / Chapter 6 / Section 48-613
48-613 SERVICE OF NOTICE.
Status: in_force

48-613. Service of notice. Service of any notice, demand or subpoena under this act shall be made personally within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner:

(1) Personal service thereof without this state; or

(2) The mailing thereof by registered or certified mail to the last known place of business, residence or abode within or without this state or such person for whom the same is intended; or

(3) As to any person other than a natural person, in the manner provided in the Idaho rules of civil procedure as if a complaint which institutes a civil proceeding had been filed.

History:

[48-613, added 1971, ch. 181, sec. 14, p. 847.]
Idaho Code § 48-106 — Idaho Code / Title 48 / Chapter 1 / Section 48-106
48-106 ACQUISITIONS THAT SUBSTANTIALLY LESSEN COMPETITION.
Status: in_force

48-106. Acquisitions that substantially lessen competition. (1) It is unlawful for a person to acquire, directly or indirectly, the whole or any part of the stock, share capital, or other equity interest or the whole or any part of the assets of, another person engaged in Idaho commerce, where the effect of such acquisition may be substantially to lessen competition or to tend to create a monopoly of any line of Idaho commerce.

(2) This section shall not apply to persons purchasing the stock or other equity interest of another person solely for investment and not using those assets by voting or otherwise to bring about, or attempt to bring about, the substantial lessening of competition. Nothing contained in this section shall prevent a person engaged in Idaho commerce from causing the formation of subsidiary corporations or other business organizations, or from owning and holding all or a part of the stock or equity interest of such subsidiary corporations or other business organizations.

History:

[48-106, added 2000, ch. 148, sec. 3, p. 378.]
Idaho Code § 48-1805 — Idaho Code / Title 48 / Chapter 18 / Section 48-1805
48-1805 CONTENTS OF DISCLOSURE STATEMENT FOR ANY SOLAR AGREEMENT.
Status: in_force

48-1805. Contents of disclosure statement for any solar agreement. If a solar retailer is proposing to enter any solar agreement with a potential consumer, the disclosure statement required in section 48-1804, Idaho Code, shall also include:

(1) If operations or maintenance services are not included as part of the solar agreement, a statement indicating those services are not included in the agreement;

(2) Any written estimate of the savings the potential consumer is projected to realize from the system, including:

(a) At the discretion of the solar retailer, the estimated projected savings over the life of the solar agreement and the estimated projected savings over any longer period not to exceed the anticipated useful life of the system;

(b) Any material assumptions used to calculate estimated projected savings and the source of those assumptions including, but not limited to:

(i) If an annual electricity rate increase is assumed, the rate of the increase and the solar retailer's basis for the assumption of the rate increase;

(ii) The potential consumer's eligibility for or receipt of tax credits or other governmental or utility incentives;

(iii) System production data, including production degradation;

(iv) Reference to any utility tariff and the possibility of additional costs for interconnection under any net metering or similar program;

(v) Electrical usage and the system's designed offset of the electrical usage;

(vi) Historical utility costs paid by the potential consumer; and

(vii) The costs associated with replacing equipment making up any part of the system or, if those costs are not assumed, a statement indicating that those costs are not assumed; and

(c) Two (2) separate statements in capital letters in close proximity to any written estimate of projected savings, with substantially the following form and content:

(i) "THIS IS AN ESTIMATE. UTILITY RATES MAY GO UP OR DOWN AND ACTUAL SAVINGS, IF ANY, MAY VARY. HISTORICAL DATA IS NOT NECESSARILY REPRESENTATIVE OF FUTURE RESULTS. FOR FURTHER INFORMATION REGARDING RATES, CONTACT YOUR LOCAL UTILITY OR THE IDAHO PUBLIC UTILITIES COMMISSION."; and

(ii) "TAX AND OTHER FEDERAL, STATE, AND LOCAL INCENTIVES VARY AS TO REFUNDABILITY AND ARE SUBJECT TO CHANGE OR TERMINATION BY LEGISLATIVE OR REGULATORY ACTION, WHICH MAY IMPACT SAVINGS ESTIMATES. CONSULT A TAX PROFESSIONAL FOR MORE INFORMATION.";

(3) A notice in capital letters with substantially the following form and content: "LEGISLATIVE OR REGULATORY ACTION MAY AFFECT OR ELIMINATE YOUR ABILITY TO SELL OR GET CREDIT FOR ANY EXCESS POWER GENERATED BY THE SYSTEM AND MAY AFFECT THE PRICE OR VALUE OF THAT POWER.";

(4) A notice describing any right a consumer has under applicable law to cancel or rescind a solar agreement;

(5) A statement describing the system and indicating the system design assumptions, including the make and model of the solar panels and inverters, system size, positioning of the panels on the consumer's property, estimated first-year energy production, and estimated annual energy production degradation, including the overall percentage degradation over the term of the solar agreement or, at the solar retailer's option, over the estimated useful life of the system;

(6) A description of any warranty, representation, or guarantee of energy production of the system;

(7) The approximate start and completion dates for the installation of the system;

(8) A statement indicating whether any warranty or maintenance obligations related to the system may be transferred by the solar retailer to a third party and, if so, a statement with substantially the following form and content: "The maintenance and repair obligations under your contract may be assigned or transferred without your consent to a third party who will be bound to all the terms of the contract. If a transfer occurs, you will be notified of any change to the address, e-mail address, or phone number to use for questions or payments or to request system maintenance or repair.";

(9) If the solar retailer will not obtain approval to connect the system to the consumer's utility, a statement to that effect and a description of what the consumer must do to interconnect the system to the utility;

(10) A description of any roof penetration warranty or other warranty that the solar retailer provides the consumer or a statement, in bold capital letters, that the solar retailer does not provide any warranty;

(11) A statement indicating whether the solar retailer will make a fixture filing or other notice in the state or local records related to the system and any fees or other costs associated with the filing that may be charged to the consumer;

(12) A statement at the outset of the agreement in capital letters with substantially the following form and content: "NO EMPLOYEE OR REPRESENTATIVE OF [name of solar retailer] IS AUTHORIZED TO MAKE ANY PROMISE TO YOU THAT IS NOT CONTAINED IN THIS DISCLOSURE STATEMENT CONCERNING COST SAVINGS, TAX BENEFITS, OR GOVERNMENT OR UTILITY INCENTIVES. YOU SHOULD NOT RELY UPON ANY PROMISE OR ESTIMATE THAT IS NOT INCLUDED IN THIS DISCLOSURE STATEMENT.";

(13) A statement in capital letters at the outset of the agreement with substantially the following form and content: "[name of solar retailer] IS NOT AFFILIATED WITH ANY UTILITY COMPANY OR GOVERNMENT AGENCY. NO EMPLOYEE OR REPRESENTATIVE OF [name of solar retailer] IS AUTHORIZED TO CLAIM AFFILIATION WITH A UTILITY COMPANY OR GOVERNMENT AGENCY."; and

(14) Any additional information, statement, or disclosure the solar retailer considers appropriate, as long as the additional information, statement, or disclosure does not have the purpose or effect of obscuring the disclosures required under this chapter.

History:

[48-1805, added 2019, ch. 267, sec. 1, p. 782.]
Idaho Code § 48-1003 — Idaho Code / Title 48 / Chapter 10 / Section 48-1003
48-1003 UNLAWFUL ACTS.
Status: in_force

48-1003. Unlawful acts. (1) It is an unlawful act for a telephone solicitor to:

(a) Intimidate or torment any person of normal and reasonable sensitivities in connection with a telephone solicitation;

(b) Refuse to hang up and free the purchaser's line immediately once requested to do so by the purchaser;

(c) Misrepresent the price, quality, or availability of the goods or services being offered to the purchaser, or not to disclose all material matters relating directly or indirectly to the offered goods or services;

(d) Advertise, represent, or imply that the person has the approval or endorsement of any government, governmental office, or agency, unless such is the fact;

(e) Advertise, represent, or imply that the person has a valid registration number when the person does not;

(f) Utilize any device or method to block or mislead the intended recipient of the call as to the identity of the solicitor, or the trade name of the person being represented by the solicitor on a caller identification telecommunication device;

(g) Fail to comply with the provisions of section 48-603A, Idaho Code;

(h) Violate any applicable provision or requirement of this chapter; and

(i) Send an unsolicited advertisement to a telephone facsimile machine.

(2) Any violation of the provisions of this chapter is an unlawful, unfair, and deceptive act or practice in trade or commerce for the purpose of applying the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

History:

[48-1003, added 1992, ch. 27, sec. 1, p. 85; am. 1997, ch. 224, sec. 1, p. 660; am. 1999, ch. 46, sec. 1, p. 108.]
Idaho Code § 48-913 — Idaho Code / Title 48 / Chapter 9 / Section 48-913
48-913 DEALER LIABILITY.
Status: in_force

48-913. Dealer liability. Nothing in this chapter imposes liability on a dealer or creates an additional cause of action by a consumer against a dealer, except for written express warranties made by the dealer apart from the manufacturer's warranties. The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter, unless there is evidence that the related repairs had not been carried out by the dealer in a timely manner or in a manner substantially consistent with the manufacturer's published instructions.

History:

[48-913, added 1998, ch. 333, sec. 2, p. 1078.]
Idaho Code § 48-603F — Idaho Code / Title 48 / Chapter 6 / Section 48-603F
48-603F MORTGAGE LOAN MODIFICATION FEES.
Status: in_force

48-603F. mortgage loan modification fees. (1) For purposes of this section, unless the context otherwise requires:

(a) "Fee" means any item of value including, but not limited to, goods or services.

(b) "Loan modification activities" is defined in section 26-31-201(3), Idaho Code.

(2) Charging or collecting any fee in connection with mortgage loan modification activities shall constitute a violation of the Idaho consumer protection act, unless the person charging or collecting such fees is licensed pursuant to chapter 20, title 54, Idaho Code, or licensed, exempt or excluded from licensing pursuant to part 2 or 3, chapter 31, title 26, Idaho Code.

History:

[48-603F, added 2011, ch. 323, sec. 3, p. 944.]
Idaho Code § 48-1002 — Idaho Code / Title 48 / Chapter 10 / Section 48-1002
48-1002 DEFINITIONS.
Status: in_force

48-1002. Definitions. In this chapter:

(1) "Business days" means all days of the week except Saturdays and Sundays and all other legal holidays as defined in section 73-108, Idaho Code.

(2) "Conducting business" means making telephone solicitations either to or from locations within the state of Idaho.

(3) "Established business relationship" means a relationship that:

(a) Was formed, prior to a telephone solicitation, through a voluntary, two-way communication between a seller or telephone solicitor and a residential subscriber, with or without consideration, on the basis of an application, purchase, ongoing contractual agreement, or commercial transaction between the parties regarding products or services offered by such seller or telephone solicitor;

(b) Has not been previously terminated by either party; and

(c) Currently exists or has existed within the immediately preceding eighteen (18) months.

(4) "Goods" means any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value.

(5) "Minor" means any person less than eighteen (18) years of age.

(6) "Newspaper of general circulation" means a newspaper which holds a second class mailing permit from the United States postal service, has at least two hundred (200) subscribers, is made up of at least four (4) pages of at least five (5) columns, is not produced through any type of mimeographing process, and has been published or distributed within the state of Idaho on a weekly basis for at least seventy-eight (78) consecutive weeks, or on a daily basis, which is defined to be no less than five (5) days of any one (1) week, at least twelve (12) months immediately preceding any telephone solicitation done by or on behalf of such newspaper.

(7) "Person" means natural persons, partnerships, both limited and general, corporations, both foreign and domestic, companies, trusts, business entities, associations, both incorporated and unincorporated, and any other legal entity or any group associated in fact although not a legal entity, or any agent, assign, heir, servant, employee or representative thereof.

(8) "Purchaser" means a person who is solicited to become or does become obligated to a telephone solicitor.

(9) "Services" means any work, labor, help, assistance or instruction wherever provided or performed.

(10) "Telephone directory of general circulation" means a directory containing telephone numbers of individual residents and/or businesses which is published on a community-wide or regional basis and which is widely available to persons residing in such community or region through free distribution or direct purchase of said directory without the requirement of other purchases or affiliations.

(11) "Telephone solicitation" means:

(a) Any unsolicited telephone call to a purchaser for the purpose of asking, inducing, inviting, requesting, or encouraging the purchaser to purchase or invest in goods or services during the course of a telephone call; or

(b) Any communication in which:

(i) A free gift, award, or prize is offered, or in which it is represented or implied that goods or services are offered below the regular price of the goods or services; and

(ii) A return telephone call is invited or the communication is followed up by a call to the purchaser by the telephone solicitor; and

(iii) It is intended during the course of the return or follow-up call with the purchaser that an agreement to purchase, or a purchase be made.

(c) For purposes of this subsection, "communication" means a written or oral statement or notification or advertisement transmitted to the purchaser through any means.

(12) "Telephone solicitor" means any person who, on his own behalf or through other persons or through use of an automatic dialing-announcing device, engages in a telephone solicitation.

(13) "Unsolicited advertisement" means any advertisement offering goods or services which is transmitted to any person without that person's prior express invitation or permission unless an established business relationship exists between the sender and recipient which has not been terminated by either party.

(14) "Written confirmation" means a writing that includes the following information: the date of purchase, the telephone solicitor's complete address and registration number, a listing of all goods and/or services purchased, a listing of the price of each good and/or service purchased, the total obligation incurred by the purchaser, and the notice of cancellation as set forth in subsection (2) of section 48-1004, Idaho Code.

History:

[48-1002, added 1992, ch. 27, sec. 1, p. 83; am. 1998, ch. 331, sec. 1, p. 1064; am. 2000, ch. 452; sec. 2, p. 1422; am. 2004, ch. 102, sec. 1, p. 358.]
Idaho Code § 48-305 — Idaho Code / Title 48 / Chapter 3 / Section 48-305
48-305 FEES AND COSTS FOR EXTRAORDINARY COLLECTION ACTION.
Status: in_force

48-305. fees and costs for extraordinary collection action. (1) Notwithstanding any provision of law or agreement to the contrary, a patient shall have no liability to any party taking extraordinary collection action for costs, expenses, and fees, including attorney's fees, unless the party has complied with section 48-304, Idaho Code, and then subject to the following limitations:

(a) In the case of an uncontested judgment against the patient, the court may award, in addition to the outstanding principal, up to three hundred fifty dollars ($350) or an amount equal to one hundred percent (100%) of the outstanding principal amount, whichever is less, plus any prejudgment interest accrued in accordance with section 48-304(1)(d), Idaho Code, and any postjudgment interest awarded by the court;

(b) In the case of a contested judgment against the patient, the court may award, in addition to the outstanding principal, up to seven hundred fifty dollars ($750) or an amount equal to one hundred percent (100%) of the outstanding principal amount, whichever is less, plus any prejudgment interest accrued in accordance with section 48-304(1)(d), Idaho Code, and any postjudgment interest awarded by the court;

(c) In the case of postjudgment motions and writs, the court may award up to seventy-five dollars ($75.00) for any successful motion or application for a writ of attachment to any particular garnishee and twenty-five dollars ($25.00) for any subsequent application for a writ to the same garnishee. In the case of garnishments, the court may also award service fees as prescribed by the applicable board of county commissioners pursuant to section 11-729, Idaho Code.

(2) In the case of a contested judgment, if a party taking extraordinary collection action against a patient prevails against a patient and incurs costs, expenses, and fees, including attorney's fees, that are grossly disproportionate to the award amounts set forth in subsection (1)(b) of this section, then the party may petition the court for a supplemental award for costs, expenses, and fees. Upon an affirmative showing that the incurred costs, expenses, and fees are grossly disproportionate to the award amounts set forth in subsection (1)(b) of this section, and that fees were incurred because of the patient's willful attempt to avoid paying a bona fide debt, then the court may take into account the factors outlined in rule 54(e)(3) of the Idaho rules of civil procedure and may, in its discretion, award supplemental costs, expenses, and reasonable attorney's fees.

(3) Notwithstanding any provision of law or agreement to the contrary, if a patient in a contested judgment is a prevailing party, then the patient shall be entitled to recover from a nonprevailing party all costs, expenses, and fees, including attorney's fees, incurred by the patient in contesting the action, and the patient shall have no liability to any nonprevailing parties for any costs, expenses, and fees, including attorney's fees and prejudgment interest incurred by a nonprevailing party.

History:

[48-305, added 2020, ch. 139, sec. 1, p. 428; am. 2022, ch. 263, sec. 3, p. 847.]
Idaho Code § 48-704 — Idaho Code / Title 48 / Chapter 7 / Section 48-704
48-704 AUTHORIZED ACTIONS OF MERCHANTS.
Status: in_force

48-704. Authorized actions of merchants. (a) Any merchant may request a person on his premises to place or keep in full view any merchandise such person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant shall be criminally or civilly liable on account of having made such a request.

(b) Any merchant who has reason to believe that merchandise has been taken by a person in violation of this act and that he can recover such merchandise by taking such a person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, in a reasonable manner and for a reasonable length of time.

History:

[48-704, added 1974, ch. 245, sec. 1, p. 1620.]
Idaho Code § 48-2003 — Idaho Code / Title 48 / Chapter 20 / Section 48-2003
48-2003 CHARACTERISTICS OF UNFAIR SERVICE AGREEMENTS.
Status: in_force

48-2003. Characteristics of Unfair Service Agreements. (1) A service agreement is unfair pursuant to this chapter if any part of the agreement provides an exclusive right to a service provider for a term in excess of one (1) year after the time it is entered into and has any of the following characteristics:

(a) The service agreement purports to run with the land or to be binding on future owners of interests in the real property;

(b) The service agreement allows for assignment of the right to provide service without notice to and consent of the owner of residential real property; or

(c) The service agreement is recorded or purports to create a lien, encumbrance, or other real property security interest.

(2) The following are not unfair service agreements pursuant to this chapter:

(a) A home warranty or similar product that covers the cost of maintenance of a major home system or appliance for a fixed period;

(b) An insurance contract;

(c) A mortgage loan or a commitment to make or receive a mortgage loan;

(d) An option or right of refusal to purchase the residential real property;

(e) A declaration of any covenants, conditions, or restrictions created in the formation of a homeowners association, a group of condominium owners, or other common interest community or an amendment thereto;

(f) A maintenance or service agreement entered by a homeowners association in a common interest community;

(g) A security agreement governed by Idaho's uniform commercial code relating to the sale or rental of personal property or fixtures;

(h) A contract with a gas, water, sewer, electrical, telephone, cable, or other utility service provider; or

(i) A contract for the provision of water to real property for domestic, irrigation, or other purposes.

(3) This chapter does not impair any lien right granted pursuant to Idaho Code or judicially imposed.

History:

[48-2003, added 2023, ch. 242, sec. 1, p. 741.]
Idaho Code § 48-302 — Idaho Code / Title 48 / Chapter 3 / Section 48-302
48-302 LEGISLATIVE INTENT.
Status: in_force

48-302. LEGISLATIVE INTENT. The Idaho legislature finds that medical billing practices have little visibility to Idaho citizens. As a result, consumers often find themselves in collection actions for debts they were unaware of, from health care providers whom they do not recognize. Once in collections, current Idaho law enables excessive attorney's fees and fails to provide judges with clear guidance to combat abuses of the collections process. This chapter shall govern the fair collection of debts owed to health care providers.

History:

[48-302, added 2020, ch. 139, sec. 1, p. 426.]
Idaho Code § 48-1908 — Idaho Code / Title 48 / Chapter 19 / Section 48-1908
48-1908 INVESTIGATORY AUTHORITY OF ATTORNEY GENERAL.
Status: in_force

48-1908. INVESTIGATORY AUTHORITY OF ATTORNEY GENERAL. Whenever the attorney general has reason to believe that an accountable person or charitable organization has violated or is violating the provisions of section 48-1906, 48-1907, or 48-1909, Idaho Code, the attorney general may:

(1) Serve investigative demands using the same procedures and in the same manner as described in section 48-611, Idaho Code;

(2) Issue subpoenas and conduct hearings using the same procedures and in the same manner as described in section 48-612, Idaho Code;

(3) Apply to the district court for compliance orders using the same procedures and in the same manner as described in section 48-614, Idaho Code; and

(4) Retain certified fraud examiners, accountants, appraisers, and other experts to assist the attorney general with the attorney general's investigation.

History:

[48-1908, added 2020, ch. 321, sec. 1, p. 924.]
Idaho Code § 48-1708 — Idaho Code / Title 48 / Chapter 17 / Section 48-1708
48-1708 EXEMPTIONS.
Status: in_force

48-1708. EXEMPTIONS. A demand letter or assertion of patent infringement that includes a claim for relief arising under 35 U.S.C. section 271(e)(2) shall not be subject to the provisions of this chapter.

History:

[48-1708, added 2014, ch. 277, sec. 1, p. 702.]
Idaho Code § 48-606 — Idaho Code / Title 48 / Chapter 6 / Section 48-606
48-606 PROCEEDINGS BY ATTORNEY GENERAL.
Status: in_force

48-606. Proceedings by attorney general. (1) Whenever the attorney general has reason to believe that any person is using, has used, or is about to use any method, act or practice declared by this chapter to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the state against such person:

(a) To obtain a declaratory judgment that a method, act or practice violates the provisions of this chapter;

(b) To enjoin any method, act or practice that violates the provisions of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, upon the giving of appropriate notice to that person as provided by the Idaho rules of civil procedure;

(c) To recover on behalf of consumers actual damages or restitution of money, property or other things received from such consumers in connection with a violation of the provisions of this chapter;

(d) To order specific performance by the violator;

(e) To recover from the alleged violator civil penalties of up to five thousand dollars ($5,000) per violation for violation of the provisions of this chapter; and

(f) To recover from the alleged violator reasonable expenses, investigative costs and attorney's fees incurred by the attorney general.

(2) The action may be brought in the district court of the county in which such person resides or has his principal place of business, or with consent of the parties, may be brought in the district court of Ada county. If the person does not reside in or have a principal place of business in this state, the action may be brought in any district court in this state. The said courts are authorized to issue temporary restraining orders or preliminary or permanent injunctions to restrain and prevent violations of the provisions of this chapter, and such injunctions shall be issued without bond.

(3) Unless the attorney general finds in writing that the purposes of this chapter will be substantially and materially impaired by delay in instituting legal proceedings, he shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are contemplated to the person against whom proceedings are contemplated and allow such person a reasonable opportunity to appear before the attorney general and execute an assurance of voluntary compliance or a consent judgment as in this chapter provided.

(4) In lieu of instigating or continuing an action or proceeding, the attorney general may accept a consent judgment with respect to any act or practice alleged to be a violation of the provisions of this chapter, and it may include a stipulation for the payment by such person of reasonable expenses, investigative costs and attorney's fees incurred by the attorney general. The consent judgment may also include a stipulation for civil penalties to be paid, not in excess of five thousand dollars ($5,000) per alleged violation; a stipulation to pay to consumers actual damages or to allow for restitution of money, property or other things received from such consumers in connection with a violation of the provisions of this chapter; and/or a stipulation for specific performance. Before any consent judgment entered into pursuant to this section shall be effective, it must be approved by the district court and an entry made thereof in the manner required for making an entry of judgment. Once such approval is received, any breach of the conditions of such consent judgment shall be treated as a violation of a court order, and shall be subject to all penalties provided by law therefor, including the penalties set forth in section 48-615, Idaho Code.

(5) All penalties, costs and fees recovered by the attorney general shall be remitted to the consumer protection fund which is hereby created in the state treasury. Moneys in the fund may be expended pursuant to legislative appropriation and shall be used for the furtherance of the attorney general's duties and activities under this chapter. At the beginning of each fiscal year, those moneys in the consumer protection fund which exceed the current year's appropriation plus any residual encumbrances made against prior years' appropriations by fifty percent (50%) or more shall be transferred to the general fund.

(6) Any moneys collected by the attorney general as trustee for distributions to injured consumers shall be deposited in the state treasury until such time as payment is made to an individual or individuals for purposes of restitution or pursuant to a court approved cy pres distribution.

History:

[48-606, added 1971, ch. 181, sec. 7, p. 847; am. 1973, ch. 285, sec. 6, p. 601; am. 1990, ch. 273, sec. 4, p. 769; am. 1991, ch. 243, sec. 1, p. 593; am. 1993, ch. 102, sec. 3, p. 258; am. 2001, ch. 61, sec. 1, p. 113.]
Idaho Code § 48-2001 — Idaho Code / Title 48 / Chapter 20 / Section 48-2001
48-2001 SHORT TITLE.
Status: in_force

48-2001. Short Title. This chapter shall be known and may be cited as the "Prohibition of Unfair Service Agreements Act."

History:

[48-2001, added 2023, ch. 242, sec. 1, p. 741.]
Idaho Code § 48-612 — Idaho Code / Title 48 / Chapter 6 / Section 48-612
48-612 ADDITIONAL POWERS OF ATTORNEY GENERAL.
Status: in_force

48-612. Additional powers of attorney general. To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred upon him by this chapter, may issue subpoenas to any person and conduct hearings in aid of any investigation or inquiry; provided that information obtained pursuant to the powers conferred in this chapter shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[48-612, added 1971, ch. 181, sec. 13, p. 847; am. 1990, ch. 213, sec. 67, p. 535; am. 1990, ch. 273, sec. 8, p. 773; am. 1991, ch. 243, sec. 2, p. 594; am. 2015, ch. 141, sec. 124, p. 473.]
Idaho Code § 48-906 — Idaho Code / Title 48 / Chapter 9 / Section 48-906
48-906 ALTERNATIVE DISPUTE SETTLEMENT MECHANISM.
Status: in_force

48-906. Alternative dispute settlement mechanism. (1) Any manufacturer doing business in this state, entering into franchise agreements for the sale of its motor vehicles in this state, or offering express warranties on its motor vehicles sold or distributed for sale in this state shall operate, or participate in, an informal dispute settlement mechanism located in the state of Idaho which complies with the provisions of title 16, code of federal regulations, part 703, and the requirements of this section. The provisions of section 48-903, Idaho Code, concerning refunds or replacement do not apply to a consumer who has not first used this mechanism before commencing a civil action, unless the manufacturer allows a consumer to commence an action without first using this mechanism.

(2) An informal dispute settlement mechanism provided for by this chapter shall, at the time a request for arbitration is made, provide to the consumer and to each person who will arbitrate the consumer's dispute, information about this chapter as approved and directed by the attorney general, in consultation with interested parties. The informal dispute settlement mechanism shall permit the parties to present or submit any arguments based on this chapter and shall not prohibit or discourage the consideration of any such arguments.

(3) If, in an informal dispute settlement mechanism, it is decided that a consumer is entitled to a replacement vehicle or refund under section 48-903, Idaho Code, then any refund or replacement offered by the manufacturer or selected by a consumer shall include and itemize all amounts authorized by section 48-903, Idaho Code. If the amount of excise tax refunded is not separately stated, or if the manufacturer does not apply for a refund of the tax within one (1) year of the return of the motor vehicle, the state tax commission may refund the sales tax, as determined under subsection (8) of section 48-903, Idaho Code, directly to the consumer and lienholder, if any, as their interests appear on the records of the division of motor vehicles of the Idaho transportation department.

(4) No documents shall be received by any informal dispute settlement mechanism unless those documents have been provided to each of the parties in the dispute at or prior to the mechanism's meeting, with an opportunity for the parties to comment on the documents either in writing or orally. If a consumer is present during the informal dispute settlement mechanism's meeting, the consumer may request postponement of the mechanism's meeting to allow sufficient time to review any documents presented at the time of the meeting which had not been presented to the consumer prior to the meeting.

(5) The informal dispute settlement mechanism shall allow each party to appear and make an oral presentation in the state of Idaho unless the consumer agrees to submit the dispute for decision on the basis of documents alone or by telephone, or unless the party fails to appear for an oral presentation after reasonable prior written notice. However, the manufacturer or its representative may participate in the informal dispute settlement mechanism's meeting by telephone if it chooses. If the consumer agrees to submit the dispute for decision on the basis of documents alone, then manufacturer or dealer representatives may not participate in the discussion or decision of the dispute.

(6) Consumers shall be given an adequate opportunity to contest a manufacturer's assertion that a nonconformity falls within intended specifications for the vehicle by having the basis of the manufacturer's claim appraised by a technical expert selected and paid for by the consumer prior to the informal dispute settlement hearing.

(7) Where there has been a recent attempt by the manufacturer to repair a consumer's vehicle, but no response has yet been received by the informal dispute mechanism from the consumer as to whether the repairs were successfully completed, the parties must be given the opportunity to present any additional information regarding the manufacturer's recent repair attempt before any final decision is rendered by the informal dispute settlement mechanism. This provision shall not prejudice a consumer's rights under this chapter.

(8) If the manufacturer knows that a technical service bulletin directly applies to the specific mechanical problem being disputed by the consumer, then the manufacturer shall provide the technical service bulletin to the consumer at reasonable cost upon request. The mechanism shall review any such technical service bulletins submitted by either party.

(9) A consumer may be charged a fee to participate in an informal dispute settlement mechanism required by this chapter, but the fee may not exceed the conciliation court filing fee in the county where the arbitration is conducted.

(10) Any party to the dispute has the right to be represented by an attorney in an informal dispute settlement mechanism.

(11) The informal dispute settlement mechanism has all the evidence-gathering powers granted an arbitrator under the uniform arbitration act.

(12) A decision issued in an informal dispute settlement mechanism required by this section may be in writing and signed.

History:

[48-906, added 1998, ch. 333, sec. 2, p. 1075.]
Idaho Code § 48-1101 — Idaho Code / Title 48 / Chapter 11 / Section 48-1101
48-1101 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

48-1101. Legislative findings and intent. (1) The use of pay-per-telephone call services for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but also entails special risks and the potential for abuse. Many consumers of goods and services have suffered serious losses because of misrepresentations and failures to disclose material facts. For the general welfare of the public and in order to protect the integrity of the pay-per-telephone call service industry, the following provisions of law are deemed necessary.

(2) It is the intent of the legislature in enacting this chapter to safeguard the public against deceit and financial hardship, to insure, foster and encourage competition and fair dealings among information providers by requiring adequate disclosure. The provisions of this chapter are remedial, and shall be construed and applied liberally to accomplish these purposes.

(3) This chapter shall be known and may be cited as the "Idaho Pay-Per-Telephone Call Act."

History:

[48-1101, added 1992, ch. 29, sec. 1, p. 90.]
Idaho Code § 48-110 — Idaho Code / Title 48 / Chapter 1 / Section 48-110
48-110 FAILURE TO OBEY CIVIL INVESTIGATIVE DEMAND OR SUBPOENA.
Status: in_force

48-110. Failure to obey civil investigative demand or subpoena. (1) If any person fails or refuses to obey any subpoena or civil investigative demand issued by the attorney general, the attorney general may, after notice, apply to the district court and, after a hearing, request an order ordering the person to comply with the subpoena or civil investigative demand issued by the attorney general.

(2) The court shall award the prevailing party reasonable expenses and attorney's fees incurred in obtaining or resisting an order under this section if the court finds that the attorney general's request for an order under this section or a person's resistance to obeying any subpoena or investigative demand, was without a reasonable basis in fact or law.

(3) Disobedience of any order entered under the provisions of this section shall be treated as a violation of a court order, and subject the offending person to all penalties provided by law for violations of court orders, including the payment of civil penalties of not more than ten thousand dollars ($10,000).

History:

[48-110, added 2000, ch. 148, sec. 3, p. 382.]
Idaho Code § 48-804 — Idaho Code / Title 48 / Chapter 8 / Section 48-804
48-804 PRESERVATION OF SECRECY.
Status: in_force

48-804. Preservation of secrecy. In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

History:

[48-804, added 1981, ch. 240, sec. 1, p. 484.]
Idaho Code § 48-904 — Idaho Code / Title 48 / Chapter 9 / Section 48-904
48-904 MANUFACTURER'S DUTY TO CONSUMERS WITH LEASED VEHICLES.
Status: in_force

48-904. Manufacturer's duty to consumers with leased vehicles. A consumer who leases a new motor vehicle has the same rights against the manufacturer under this section as a consumer who purchases a new motor vehicle, except that, if it is determined that the manufacturer must accept return of the consumer's leased vehicle pursuant to section 48-903, Idaho Code, then the consumer lessee is not entitled to a replacement vehicle, but is entitled only to a refund as provided in this section. In such a case, the consumer's leased vehicle shall be returned to the manufacturer and the consumer's written lease with the motor vehicle lessor must be terminated after all charges are settled. The manufacturer shall provide the consumer with a full refund of all costs and charges described below less a reasonable allowance for use. The manufacturer shall provide to the consumer a refund of the pro rata amount of any down payment paid by the consumer on the written lease. The pro rata amount of such a refund shall be the amount of the down payment divided by the number of months of the lease agreement and that amount multiplied by the number of months remaining after the date of the arbitration. The manufacturer shall also refund to the consumer amounts identified as additional charges set forth in section 48-903, Idaho Code, if actually paid by the consumer. The reasonable allowance for use shall be the lease payments made by the consumer until the time of the award of a refund. The manufacturer shall provide the motor vehicle lessor or its assignee with a full refund of the early termination charges plus the residual value of the vehicle, as specified in the lease agreement. The amount of any refund by the manufacturer to the consumer for the pro rata portion of the down payment plus the amount of the refund to the motor vehicle lessor or its assignee by the manufacturer shall not exceed one hundred five percent (105%) of the vehicle's original manufacturer's suggested retail price.

History:

[48-904, added 1998, ch. 333, sec. 2, p. 1074.]
Idaho Code § 48-1914 — Idaho Code / Title 48 / Chapter 19 / Section 48-1914
48-1914 CHARITABLE ASSETS RECOVERED — CY PRES — RESTITUTION RECOVERED.
Status: in_force

48-1914. CHARITABLE ASSETS RECOVERED — CY PRES — RESTITUTION RECOVERED. (1) Any charitable assets sued for and recovered by the attorney general under this chapter shall be conveyed:

(a) To the injured charitable organization to restore its misappropriated, lost, or diverted charitable assets; or

(b) To any charitable organization with a similar charitable purpose as that of the charitable organization from which the charitable assets were recovered, pursuant to a court-approved cy pres distribution.

(2) Any restitution sued for and recovered by the attorney general under this chapter shall be deposited and held in the state treasury until such time as the attorney general directs that payment be made to a person to reimburse for any actual damages he incurred as a direct result of a violation of this chapter.

History:

[48-1914, added 2020, ch. 321, sec. 1, p. 926.]
Idaho Code § 48-504 — Idaho Code / Title 48 / Chapter 5 / Section 48-504
48-504 FILING OF APPLICATIONS.
Status: in_force

48-504. Filing of applications. (1) Upon the receipt of an application for registration and payment of the application fee, the secretary of state shall cause the application to be examined for conformity with this chapter.

(2) The applicant shall provide any additional pertinent information requested by the secretary of state including a description of a design mark and may make, or authorize the secretary of state to make, such amendments to the application as may be reasonably requested by the secretary of state or deemed by the applicant to be advisable to respond to any rejection or objection.

(3) The secretary of state may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter is distinctive of the applicant's or registrant's goods or services.

(4) Amendments may be made by the secretary of state upon the application submitted by the applicant upon the applicant's agreement, or the secretary of state may require a fresh application.

(5) If the applicant is found not to be entitled to registration, the secretary of state shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary of state in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until: (a) the secretary of state finally refuses registration of the mark; or (b) the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.

(6) If the secretary of state finally refuses registration of the mark, the applicant may appeal the denial of such registration to the district court in and for Ada county. The court may compel registration of the mark, but without cost to the secretary of state, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.

(7) In the instance of applications concurrently being processed by the secretary of state which seek registration of the same or confusingly similar marks for the same or related goods or services, the secretary of state shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of section 48-509, Idaho Code.

History:

[48-504, added 1996, ch. 404, sec. 2, p. 1339; am. 2012, ch. 322, sec. 1, p. 881.]
Idaho Code § 48-1809 — Idaho Code / Title 48 / Chapter 18 / Section 48-1809
48-1809 AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT.
Status: in_force

48-1809. 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 court 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 fund and expended pursuant to section 48-606(5), Idaho Code.

(3) Nothing in this chapter shall be construed to affect:

(a) A remedy a consumer has independent of this chapter; or

(b) The attorney general's ability or authority to enforce any other law or regulation.

History:

[48-1809, added 2019, ch. 267, sec. 1, p. 785.]
Idaho Code § 48-1602 — Idaho Code / Title 48 / Chapter 16 / Section 48-1602
48-1602 COURT ACTIONS UPON VIOLATION.
Status: in_force

48-1602. Court actions upon violation. (1) The attorney general of the state of Idaho, any person, firm, private corporation, municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of this chapter and for the recovery of damages.

(2) Any person subject to liability under this section shall be deemed, as a matter of law, to have purposefully availed himself of the privileges of conducting activities within Idaho, sufficient to subject the person to the personal jurisdiction of the district court hearing an action brought pursuant to this chapter.

(3) An action for violation of this section may be brought:

(a) In the county where the plaintiff resides;

(b) In the county where the plaintiff conducts business; or

(c) In the county where the card or other purchasing mechanism or device was sold, marketed, promoted, advertised or otherwise distributed.

(4) If, in such action, the court shall find that the defendant is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from a continuance thereof. It shall not be necessary, except to recover for actual damages under subsection (5) of this section, that actual damages to the plaintiff be alleged or proved.

(5) In addition to injunctive relief, the plaintiff in the action shall be entitled to recover from the defendant:

(a) One hundred dollars ($100) per card or other purchasing mechanism or device sold, marketed, promoted, advertised or otherwise distributed within the state of Idaho, or ten thousand dollars ($10,000), whichever is greater;

(b) Three (3) times the amount of the actual damages, if any sustained;

(c) Reasonable attorney's fees;

(d) Costs; and

(e) Any other relief which the court deems proper.

(6) All actions under this section shall be commenced within two (2) years after the date on which the violation of this chapter occurred or within two (2) years after the person bringing the action discovered, or in the exercise of reasonable diligence, should have discovered, the occurrence of the violation of this chapter. The period of limitation provided in this section may be extended for a period of one hundred eighty (180) days if the person bringing the action proves by a preponderance of the evidence that the failure to timely commence the action was caused by the defendant's engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone commencement of the action.

(7) Any defendant in an action brought under the provisions of this chapter may be required to testify as provided by law. In addition, the books and records of any such defendant may be brought into court and introduced, by reference, into evidence.

(8) The remedies prescribed in this section are cumulative and in addition to any other remedies prescribed by law, and in addition to any other applicable criminal, civil or administrative penalties.

History:

[48-1602, added 2000, ch. 185, sec. 1, p. 455.]
Idaho Code § 48-1001 — Idaho Code / Title 48 / Chapter 10 / Section 48-1001
48-1001 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

48-1001. Legislative findings and intent. (1) The use of telephones for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but also entails special risks and the potential for abuse. Many Idaho residents and businesses have lost money or suffered harm primarily as a result of out-of-state telemarketing abuse. For the general welfare of the public and in order to protect the integrity of the telemarketing industry, the following provisions of law are deemed necessary.

(2) It is the intent of the legislature in enacting this chapter to safeguard the public against deceit and financial hardship, to insure, foster and encourage competition and fair dealings among telephone solicitors by requiring adequate disclosure, and to prohibit representations that have the capacity, tendency, or effect of misleading a purchaser. The provisions of this chapter are remedial, and shall be construed and applied liberally to accomplish the above-stated purposes.

(3) This chapter shall be known and may be cited as the "Idaho Telephone Solicitation Act."

History:

[48-1001, added 1992, ch. 27, sec. 1, p. 83.]
Idaho Code § 48-802 — Idaho Code / Title 48 / Chapter 8 / Section 48-802
48-802 INJUNCTIVE RELIEF.
Status: in_force

48-802. Injunctive relief. (1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

History:

[48-802, added 1981, ch. 240, sec. 1, p. 484; am. 1990, ch. 274, sec. 1, p. 774.]
Idaho Code § 48-205 — Idaho Code / Title 48 / Chapter 2 / Section 48-205
48-205 TITLE OF ACT.
Status: in_force

48-205. Title of act. This act shall be known and designated as the "Anti-Price Discrimination Act" and its inhibitions against discrimination shall embrace any scheme of special concessions or rebates, any collateral contracts or agreements or any device of any nature whereby discrimination is, in substance or fact, effected in violation of the spirit and intent of this act.

History:

[48-205, added 1937, ch. 229, sec. 5, p. 406.]
Idaho Code § 48-805 — Idaho Code / Title 48 / Chapter 8 / Section 48-805
48-805 STATUTE OF LIMITATIONS.
Status: in_force

48-805. Statute of limitations. An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

History:

[48-805, added 1981, ch. 240, sec. 1, p. 484.]
Idaho Code § 48-2202 — Idaho Code / Title 48 / Chapter 21 / Section 48-2202
48-2202 DEFINITIONS.
Status: in_force

48-2102 [48-2202]. definitions. [EFFECTIVE JULY 1, 2027] As used in this chapter:

(1) "Account holder" means an individual who has or opens an account or profile to use a conversational AI service.

(2)(a) "Conversational AI service" means an artificial intelligence software application, web interface, or computer program that is accessible to the general public and that primarily simulates human conversation and interaction through textual, visual, or aural communications.

(b) "Conversational AI service" does not include a software application, web interface, or computer program that is any of the following:

(i) Primarily designed and marketed for use by developers or researchers;

(ii) A feature within another software application, web interface, or computer program that is not a conversational AI service;

(iii) A chatbot that is a feature of a video game that is limited to replies related to the video game and that does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game;

(iv) Designed to provide outputs relating to a narrow and discrete topic;

(v) Primarily designed and marketed for commercial use by business entities, including those whose primary intended users are employees, contractors, or clients of business entities, whether delivered via cloud, on premises, or hybrid deployments;

(vi) Designed to function as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device;

(vii) Used by a business solely for internal purposes;

(viii) Accessible only to individuals who have entered into a commercial agreement, enterprise contract, or similar business arrangement with the operator; or

(ix) A chatbot used only for customer service, a business's operational purposes, productivity purposes, or analysis related to source information, internal research, or technical assistance.

(3) "Individual" means a natural person.

(4) "Minor" means an individual under circumstances where an operator has actual knowledge or reasonable certainty that the individual is under eighteen (18) years of age.

(5) "Minor account holder" means an account holder who is a minor.

(6) "Operator" means a person who makes available a conversational AI service to the public. Operator does not include mobile application stores or search engines solely because they provide access to a conversational AI service.

(7) "Person" means a natural person or legal entity.

(8) "Sexually explicit conduct" and "visual depiction" have the same meanings as provided in 18 U.S.C. 2256.

History:

[(48-2202) 48-2102, added 2026, ch. 249, sec. 1, p. 1050.]
Idaho Code § 48-503 — Idaho Code / Title 48 / Chapter 5 / Section 48-503
48-503 APPLICATION FOR REGISTRATION.
Status: in_force

48-503. Application for registration. Subject to the limitations set forth in this act, any person who uses a mark may file in the office of the secretary of state, in a form prescribed by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information:

(1) The name and business address of the person applying for such registration; and, if a corporation, limited liability company or partnership, the state of domestication, and if a partnership, the names of the general partners, as specified by the secretary of state;

(2) The goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall;

(3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest; and

(4) A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive.

The secretary of state may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office; and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.

The application shall be signed by the applicant or by a member of the firm or an officer of the corporation or association applying.

The application shall be accompanied by a drawing or one (1) specimen showing the mark as actually used, complying with such requirements as the secretary of state may specify.

The application shall be accompanied by the application fee payable to the secretary of state.

History:

[48-503, added 1996, ch. 404, sec. 2, p. 1339.]