Idaho Code § 48-903 — Idaho Code / Title 48 / Chapter 9 / Section 48-903
48-903 MANUFACTURER'S DUTY TO REFUND OR REPLACE.
Status: in_force

48-903. Manufacturer's duty to refund or replace. (1) If the manufacturer, its agents, or its authorized dealers are unable to conform the new motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which impairs the use or market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall either replace the new motor vehicle with a comparable motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the amount the consumer paid for the vehicle, inclusive of the value of any trade-in, not to exceed one hundred five percent (105%) of the manufacturer's suggested retail price of the motor vehicle. The manufacturer's suggested retail price shall include all manufacturer installed options. The one hundred five percent (105%) cap shall include the cost of any options or other modifications arranged, installed, or made by the manufacturer's agent, or its authorized dealer within thirty (30) days after the date of original delivery. The manufacturer shall refund to the consumer all other charges including, but not limited to, sales or excise tax, license fees and registration fees, reimbursement for towing and rental vehicle expenses incurred by the consumer as a result of the vehicle being out of service for warranty repair. A reasonable allowance for the consumer's use of the vehicle shall be deducted from the refund to the consumer not to exceed the number of miles attributable to the consumer up to the date of the arbitration hearing multiplied by the purchase price of the vehicle and divided by one hundred twenty thousand (120,000). If the manufacturer offers a replacement vehicle under this section, the consumer has the option of rejecting the replacement vehicle and requiring the manufacturer to provide a refund. Refunds must be made 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. A manufacturer must give to the consumer an itemized statement listing each of the amounts refunded under this section. If the amount of sales or 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 tax, as determined under subsection (8) of this section, directly to the consumer and lienholder, if any, as their interests appear on the records of the division of motor vehicles. It is an affirmative defense to any claim under this chapter: (a) that an alleged nonconformity does not impair the use or market value, or (b) that a nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle by anyone other than the manufacturer, its agent or its authorized dealer.

(2) It is presumed that a reasonable number of attempts have been undertaken to conform a new motor vehicle to the applicable express warranties, if: (a) the same nonconformity has been subject to repair four (4) or more times by the manufacturer, its agents, or its authorized dealers within the applicable express warranty term or during the period of two (2) years following the date of original delivery of the new motor vehicle to a consumer or during the period ending with the date on which the mileage on the motor vehicle reaches twenty-four thousand (24,000) miles, whichever is the earliest date, but the nonconformity continues to exist. However, the manufacturer shall have at least one (1) opportunity to attempt to repair the vehicle before it is presumed a reasonable number of attempts have been undertaken to conform the vehicle to the applicable express warranty; or (b) the vehicle is out of service by reason of repair for a cumulative total of thirty (30) or more business days during the term or during the period, whichever is the earlier date.

(3) If the nonconformity results in a complete failure of the braking or steering system of the new motor vehicle and is likely to cause death or serious bodily injury if the vehicle is driven, it is presumed that a reasonable number of attempts have been undertaken to conform the vehicle to the applicable express warranties if the nonconformity has been subject to repair at least once by the manufacturer, its agents, or its authorized dealers within the applicable express warranty term or during the period of two (2) years following the date of original delivery of the new motor vehicle to a consumer or during the period ending with the date on which the mileage on the motor vehicle reaches twenty-four thousand (24,000) miles, whichever is the earliest date, and the nonconformity continues to exist. However, the manufacturer shall have at least one (1) opportunity to attempt to repair the vehicle before it is presumed a reasonable number of attempts have been undertaken to conform the vehicle to the applicable express warranty.

(4) The term of an applicable express warranty, the two (2) year period and the thirty (30) day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, or fire, flood, or other natural disaster.

(5) The presumption contained in subsection (2) of this section applies against a manufacturer only if the manufacturer, its agent, or its authorized dealer has received prior written notification from or on behalf of the consumer at least once and an opportunity to cure the defect alleged. If the notification is received by the manufacturer's agent or authorized dealer, the agent or dealer must forward it to the manufacturer by certified mail, return receipt requested. However, if the manufacturer is not notified either by the consumer or the manufacturer's agent or authorized dealer, then the manufacturer shall have at least one (1) opportunity to cure the alleged defect.

(6) The expiration of the time periods set forth in subsection (2) of this section does not bar a consumer from receiving a refund or replacement vehicle under subsection (1) of this section if the reasonable number of attempts to correct the nonconformity causing the substantial impairment occur within three (3) years following the date of original delivery of the new motor vehicle to a consumer, provided the consumer first reported the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the applicable express warranty.

(7) The manufacturer shall provide to its agent or authorized dealer and, at the time of purchase or lease, the manufacturer's agent or authorized dealer shall provide a written statement to the consumer in the new motor vehicle warranty guide, in 10-point all capital type, in substantially the following form: "IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER THE STATE'S LEMON LAW TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE OR YOUR LEASE PAYMENTS. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST FIRST NOTIFY THE MANUFACTURER, ITS AGENT, OR ITS AUTHORIZED DEALER OF THE PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITY TO REPAIR THE VEHICLE. YOU ALSO HAVE A RIGHT TO SUBMIT YOUR CASE TO THE CONSUMER ARBITRATION PROGRAM WHICH THE MANUFACTURER MUST OFFER IN THIS STATE."

(8) The amount of the sales or excise tax to be paid by the manufacturer to the consumer under subsection (1) of this section shall be the tax paid by the consumer when the vehicle was purchased less an amount equal to the tax paid multiplied by a fraction, the denominator of which is the purchase price of the vehicle and the numerator of which is the allowance deducted from the refund for the consumer's use of the vehicle.

History:

[48-903, added 1998, ch. 333, sec. 2, p. 1071; am. 1999, ch. 333, sec. 2, p. 907.]
Idaho Code § 48-603E — Idaho Code / Title 48 / Chapter 6 / Section 48-603E
48-603E UNFAIR BULK ELECTRONIC MAIL ADVERTISEMENT PRACTICES.
Status: in_force

48-603E. Unfair bulk electronic mail advertisement practices. (1) For purposes of this section, unless the context otherwise requires:

(a) "Bulk electronic mail advertisement" means an electronic message, containing the same or similar advertisement, which is contemporaneously transmitted to two (2) or more recipients, pursuant to an internet or intranet computer network.

(b) "Computer network" means a set of related, remotely connected devices and communication facilities, including two (2) or more computers, with the capability to transmit data among them through communication facilities.

(c) "Interactive computer service" means an information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet, and such systems operated or services offered by a library or an educational institution.

(d) "Recipient" means a person who receives any bulk electronic mail advertisements.

(2) Any person who uses an interactive computer service to initiate or cause the sending or transmittal of any bulk electronic mail advertisement shall provide an electronic mail address readily identifiable in the bulk electronic mail advertisement to which the recipient may send a request for declining such mail.

(3) It is unlawful for a person to use an interactive computer service to initiate or cause the sending or transmittal of any bulk electronic mail advertisement to any recipient that the sender knows, or has reason to know, engages in any of the following:

(a) Uses the name of a fictitious name of a third party in the return address field without the permission of the third party.

(b) Misrepresents any information in identifying the point of origin of the transmission path of the bulk electronic mail advertisement.

(c) Fails to contain information identifying the point of origin of the transmission path of the bulk electronic mail advertisement.

(d) Sends or transmits, at any time after five (5) business days of a declination, any bulk electronic mail advertisement to a recipient who provided the sender with a request declining the receipt of such advertisements.

(4) Pursuant to section 48-608, Idaho Code, a recipient that receives a bulk electronic mail advertisement in violation of this section may bring an action to recover actual damages. The recipient, in lieu of actual damages, may elect to recover from the person transmitting or causing to be transmitted such bulk electronic mail advertisement the greater of one hundred dollars ($100) for each bulk electronic mail advertisement transmitted to the recipient in violation of this section or one thousand dollars ($1,000).

(5) This section does not apply to any of the following:

(a) A person, including an interactive computer service, who provides users with access to a computer network, and as part of that service, transmits electronic mail on behalf of those users, unless such person transmits bulk electronic mail advertisements on behalf of those users which the person knows, or should have known, were transmitted in violation of this section.

(b) Electronic mail advertisements which are accessed by the recipient from an electronic bulletin board.

(c) A person who provides users with access at no charge to electronic mail, including receiving and transmitting bulk electronic mail advertisements, and, as a condition of providing such access, requires such users to receive unsolicited advertisements.

(d) The transmission of bulk electronic mail advertisements from an organization or similar entity to the members of such organization.

(6) An interactive computer service is not liable under this section for an action voluntarily taken in good faith to block or prevent the receipt or transmission through its service of any bulk electronic mail advertisement which is reasonably believed to be in violation of this section.

History:

[48-603E, added 2000, ch. 423, sec. 1, p. 1373.]
Idaho Code § 48-501 — Idaho Code / Title 48 / Chapter 5 / Section 48-501
48-501 DEFINITIONS.
Status: in_force

48-501. Definitions. Whenever used in this chapter:

(1) "Abandoned" shall mean when either of the following occurs:

(a) When the use of the mark has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two (2) consecutive years shall constitute prima facie evidence of abandonment.

(b) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.

(2) "Applicant" shall mean the person filing an application for registration of a mark under this act, and the legal representatives, successors, or assigns of such person.

(3) "Certification mark" shall mean any word, name, symbol or device or any combination thereof: (a) used by a person other than its owner, or (b) which its owner has a bona fide intention to permit a person other than the owner to use in commerce and files an application to register on the principal register established by this chapter to certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such person's goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

(4) "Collective mark" shall mean a trademark or service mark: (a) used by the members of a cooperative, an association, or other collective group or organization; or (b) which such cooperative association or other collective group or organization has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter, and includes marks indicating membership in a union, an association or other organization.

(5) "Dilution" shall mean the lessening of the capacity of registrant's mark to identify and distinguish goods or services, regardless of the presence or absence of: (a) competition between the parties, or (b) likelihood of confusion, mistake or deception.

(6) "Juristic person" shall mean a firm, partnership, corporation, limited liability company or partnership, union, association, or other organization capable of suing and being sued in a court of law.

(7) "Mark" shall mean any trademark, service mark, collective mark or certification mark entitled to registration under this act whether registered or not.

(8) "Person" shall mean the applicant or other party entitled to a benefit or privilege or rendered liable under the provisions of this act and includes a juristic person as well as a natural person.

(9) "Registrant" shall mean the person to whom the registration of a mark under this act is issued, and the legal representatives, successors or assigns of such person.

(10) "Service mark" shall mean any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the services of one (1) person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.

(11) "Trademark" shall mean any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods, even if that source is unknown.

(12) "Trade name" shall mean any name used by a person to identify a business or vocation of such person.

(13) "Use" shall mean the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this act, a mark shall be deemed to be in use: (a) on goods when it is placed in any manner on the goods or other containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this state; and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.

History:

[48-501, added 1996, ch. 404, sec. 2, p. 1337; am. 1999, ch. 168, sec. 2, p. 456.]
Idaho Code § 48-2005 — Idaho Code / Title 48 / Chapter 20 / Section 48-2005
48-2005 UNFAIR SERVICE AGREEMENTS UNENFORCEABLE.
Status: in_force

48-2005. Unfair Service Agreements Unenforceable. If a service agreement is unfair pursuant to this chapter, it is unenforceable, shall not create a contractual obligation or relationship, and attempting to enforce the same is a violation of the Idaho consumer protection act, chapter 6, title 48, Idaho Code. Any waiver of a consumer right, including a right to trial by jury, in an unfair service agreement is void.

History:

[48-2005, added 2023, ch. 242, sec. 1, p. 742.]
Idaho Code § 48-311 — Idaho Code / Title 48 / Chapter 3 / Section 48-311
48-311 ENFORCEMENT AND CIVIL PENALTIES.
Status: in_force

48-311. enforcement and civil penalties. If any party takes any extraordinary collection action other than in accordance with section 48-304 or 48-306, Idaho Code, then:

(1) Notwithstanding any provision of law or agreement to the contrary, a patient shall have no liability to any party for any collection costs, expenses, and fees, including attorney's fees and prejudgment and postjudgment interest;

(2) The party is liable to the patient in an amount equal to any actual damages sustained by the patient as a result of any failure to comply, or one thousand dollars ($1,000), whichever is greater; and

(3) Where a court finds a party has willfully or knowingly violated section 48-304 or 48-306, Idaho Code, the court may award up to three (3) times the amount of actual damages, or three thousand dollars ($3,000), whichever is greater. In any successful action to enforce the liability set forth in this section, the patient shall be entitled to the costs of the action, together with reasonable attorney's fees, as determined by the court.

History:

[48-311, added 2020, ch. 139, sec. 1, p. 430.]
Idaho Code § 48-2008 — Idaho Code / Title 48 / Chapter 20 / Section 48-2008
48-2008 REMEDIES.
Status: in_force

48-2008. Remedies. (1) Any consumer that is party to an unfair service agreement related to residential real property or any person with an interest in the property that is the subject of that agreement may bring an action in district court in the county where the property is located to obtain a declaratory judgment that the agreement is unenforceable and to recover any other damages, costs, and attorney's fees as may be proven.

(2) In the event that an unfair service agreement or a notice or memorandum thereof is recorded against any residential real property, any judgment obtained pursuant to this section, once certified by the clerk having custody thereof, may be recorded and indexed against the real property encumbered or clouded by the unfair service agreement.

(3) The remedies provided for in this chapter are not exclusive and shall not reduce any other rights or remedies a party may have in equity or in law.

(4) No private action may be brought pursuant to this chapter more than two (2) years after the expiration of the term printed in the unfair service agreement.

History:

[48-2008, added 2023, ch. 242, sec. 1, p. 743.]
Idaho Code § 48-1304 — Idaho Code / Title 48 / Chapter 13 / Section 48-1304
48-1304 ROYALTY CONTRACT REQUIREMENTS.
Status: in_force

48-1304. Royalty contract requirements. Every contract for the payment of royalties between a proprietor and a performing rights society executed, issued or renewed in the state on or after July 1, 1996 shall be:

(1) In writing;

(2) Signed by the parties;

(3) Written to include, at a minimum, the following information:

(a) The proprietor's name and business address and the name and location of each place of business to which the contract applies;

(b) The name of the performing rights society;

(c) The duration of the contract; and

(d) The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of the rates for the duration of the contract.

History:

[48-1304, added 1996, ch. 330, sec. 1, p. 1124.]
Idaho Code § 48-1108 — Idaho Code / Title 48 / Chapter 11 / Section 48-1108
48-1108 ADULT ENTERTAINMENT PAY-PER-TELEPHONE CALLS.
Status: in_force

48-1108. Adult entertainment pay-per-telephone calls. (1) Except as provided in subsection (2) of this section, no charge of any nature for any adult entertainment pay-per-telephone call is valid and enforceable unless the consumer has first entered into a presubscription or comparable agreement to purchase the adult entertainment pay-per-telephone call. Any adult entertainment pay-per-telephone call charges incurred absent a presubscription or comparable agreement are void and unenforceable.

(2) The second and successive time a consumer receives a telephone bill that includes charges for an adult entertainment pay-per-telephone call, the charges, if incurred absent a presubscription or comparable agreement, are void and unenforceable if:

(a) The charges were incurred as the result of third-party fraud; or

(b) The bill is sent to the consumer by a telephone corporation as a holder in due course and, upon written notification to the applicable telephone corporation of the disputed charge, the telephone corporation is able to recourse the bill back to the information provider or its agent.

(3) Any information provider which, on its own, or through an agent, assign, or successor who seeks to collect a charge of any nature for an adult entertainment pay-per-telephone call that does not have a presubscription or comparable agreement evidencing the consumer's agreement to purchase the call, has committed an unfair, unlawful and deceptive act or practice in trade and commerce for purposes of applying the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

History:

[48-1108, added 1997, ch. 75, sec. 3, p. 157.]
Idaho Code § 48-117 — Idaho Code / Title 48 / Chapter 1 / Section 48-117
48-117 SERVICE OF NOTICE.
Status: in_force

48-117. Service of notice. Service of any notice, civil investigative demand, or subpoena under this chapter shall be made personally within this state, but if personal service cannot be obtained, substituted service may be made by mailing service by registered or certified mail to the last known place of business, residence, or abode of the person within or without this state.

History:

[48-117, added 2000, ch. 148, sec. 3, p. 384.]
Idaho Code § 48-2006 — Idaho Code / Title 48 / Chapter 20 / Section 48-2006
48-2006 SOLICITATION OF UNFAIR SERVICE AGREEMENTS.
Status: in_force

48-2006. Solicitation of Unfair Service Agreements. Encouraging any consumer to enter into an unfair service agreement by any service provider constitutes an unfair method of competition and an unfair or deceptive act or practice under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

History:

[48-2006, added 2023, ch. 242, sec. 1, p. 742.]
Idaho Code § 48-1102 — Idaho Code / Title 48 / Chapter 11 / Section 48-1102
48-1102 DEFINITIONS.
Status: in_force

48-1102. Definitions. In this chapter:

(1) "Adult entertainment pay-per-telephone call" means any pay-per-telephone call service that is of a sexually prurient nature. For the purpose of this section, sexually prurient is any comment, request, suggestion, proposal, image, or other communication that, in context, is obscene, lewd, lascivious, or indecent.

(2) "Information provider" means any person, company, or corporation that controls the content of a pay-per-telephone call service. Any telephone corporation which transmits pay-per-telephone call service but does not control the content of the information transmitted is not included within this definition.

(3) "Pay-per-telephone call service" means any telecommunications service which permits simultaneous calling by a number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription or comparable agreement and for which the caller pays a per-call or per-time-interval charge that is greater than, or in addition to, the charge for transmission of the call.

(4) "Presubscription or comparable agreement" means an agreement to purchase any pay-per-telephone call service and is evidenced by:

(a) A written contractual agreement between an information provider and a legally competent person that is executed for the sole purpose of arranging purchase of pay-per-telephone call services and is separate or easily severable from any promotions or inducements, and in which:

(i) The information provider clearly and conspicuously discloses to the consumer all material terms and conditions associated with the use of the service, including the information provider's name and address, a business telephone number which the company may use to obtain additional information or to register a complaint, and the rates of service;

(ii) The information provider agrees to notify the consumer at least one (1) billing cycle in advance of any future rate changes;

(iii) The consumer agrees to use the services on the terms and conditions disclosed by the information provider; and

(iv) The information provider requires the use of an identification number or other means to prevent unauthorized access to the service by the nonsubscribers; or

(b) Disclosure of a pre-existing credit, prepaid account, debit, charge, or calling card number, along with authorization to bill that number, provided that the card:

(i) Is subject to the dispute resolution procedures of the federal truth-in-lending and fair credit reporting acts;

(ii) Has, upon request or application, been delivered to the person to be billed prior to assessment of charges; and

(iii) Does not operate to assess charges through automatic number identification.

(5) "Telephone corporation" means any person or corporation that provides basic local exchange service or message telecommunication service.

History:

[48-1102, added 1992, ch. 29, sec. 1, p. 91; am. 1997, ch. 75, sec. 2, p. 156.]
Idaho Code § 48-310 — Idaho Code / Title 48 / Chapter 3 / Section 48-310
48-310 CONTRACTED SERVICE.
Status: in_force

48-310. contracted service. Nothing in this chapter prohibits a health care facility from authorizing a health care provider by contract to provide the consolidated summary of services required by section 48-304(1)(b), Idaho Code, on its behalf.

History:

[48-310, added 2020, ch. 139, sec. 1, p. 430; am. 2022, ch. 263, sec. 8, p. 849.]
Idaho Code § 48-615 — Idaho Code / Title 48 / Chapter 6 / Section 48-615
48-615 VIOLATION OF INJUNCTION — CIVIL PENALTY.
Status: in_force

48-615. Violation of injunction — Civil penalty. Any person who violates the terms of an injunction issued or consent order entered into pursuant to section 48-606, Idaho Code, or an order entered into pursuant to section 48-614, Idaho Code, shall forfeit and pay to the state a civil penalty of not more than ten thousand dollars ($10,000) per violation, the amount of the penalty to be determined by the district court issuing the injunction. For the purposes of this section, the district court issuing an injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for recovery of civil penalties. Said civil penalties sued for and recovered by the attorney general 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 the provisions of this chapter.

History:

[48-615, added 1971, ch. 181, sec. 16, p. 847; am. 1990, ch. 273, sec. 10, p. 774; am. 1993, ch. 102, sec. 6, p. 261.]
Idaho Code § 48-514 — Idaho Code / Title 48 / Chapter 5 / Section 48-514
48-514 REMEDIES.
Status: in_force

48-514. Remedies. Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times such profits and damages and may award reasonable attorney's fees and costs of suit to the prevailing party in such cases where the court finds the other party committed the wrongful acts with knowledge or in bad faith or otherwise, as the circumstances of the case may warrant.

The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any criminal law of this state.

History:

[48-514, added 1996, ch. 404, sec. 2, p. 1344.]
Idaho Code § 48-1007 — Idaho Code / Title 48 / Chapter 10 / Section 48-1007
48-1007 PRIVATE CAUSES OF ACTION AND REMEDIES.
Status: in_force

48-1007. Private causes of action and remedies. (1) Any person who purchases goods or services pursuant to a telephone solicitation and thereby suffers damages as a result of any act, conduct, or practice declared unlawful in this chapter shall have the same rights and remedies in seeking and obtaining redress under this chapter as those granted under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.

(2) If a telephone solicitor violates any applicable provision of this chapter, any contract of sale or purchase is null and void and unenforceable.

(3) If a telephone solicitor fails to deliver the goods or services contracted for, pursuant to the federal trade commission's "mail order merchandise rule," 16 CFR 435, the contract to purchase is null and void.

(4) Any contract, agreement to purchase, or written confirmation executed by a purchaser which purports to waive any of the purchaser's rights under this chapter is against public policy and shall be null and void and unenforceable.

(5) 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 law.

History:

[48-1007, added 1992, ch. 27, sec. 1, p. 88.]
Idaho Code § 48-308 — Idaho Code / Title 48 / Chapter 3 / Section 48-308
48-308 REBUTTABLE PRESUMPTION OF RECEIPT.
Status: in_force

48-308. REBUTTABLE PRESUMPTION OF RECEIPT. A patient shall be presumed to have received a consolidated summary of services or a final notice before extraordinary collection action three (3) days after the document has been sent by first class mail to the patient's address confirmed by the patient during the patient's last visit to the health care provider or as updated by the patient in subsequent written or electronic communications. Nothing in this section shall be interpreted as precluding the patient from agreeing in writing to receive consolidated summaries of services or final notices before extraordinary collection action via email or other electronic means.

History:

[48-308, added 2020, ch. 139, sec. 1, p. 429; am. 2022, ch. 263, sec. 6, p. 849.]
Idaho Code § 48-109 — Idaho Code / Title 48 / Chapter 1 / Section 48-109
48-109 CIVIL INVESTIGATIONS.
Status: in_force

48-109. Civil investigations. (1) Whenever the attorney general has reason to believe that a person is engaging or has engaged in any act or practice declared unlawful by this chapter, he may, prior to the institution of a civil proceeding thereon, execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to a civil investigation, a written civil investigative demand requiring that person to appear and give oral testimony, under oath, concerning documentary material or information, or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as may be stated in the investigative demand, or to furnish any combination thereof, concerning the conduct of any Idaho commerce that is the subject matter of the investigation. The return date of a civil investigative demand shall be not less than thirty (30) days after service of the demand.

(2) To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general may also issue subpoenas to any person and conduct hearings in aid of any investigation or inquiry.

(3) (a) The scope of any civil investigative demand or subpoena shall be consistent with the scope of discovery as provided for by rule 26(b)(1), Idaho rules of civil procedure.

(b) Any person who is not the subject of investigation shall be reimbursed the reasonable expenses of complying with a civil investigative demand or subpoena.

(4) At any time before the return date specified in a civil investigative demand, or within thirty (30) days after the demand has been served, whichever period is later, 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.

(5) Any person who in good faith complies with a subpoena or investigative demand issued under this section shall be immune from criminal or civil liability for such compliance, so long as such person has complied with any express contractual obligation to notify a third party of the civil investigative demand or subpoena.

(6) Except as provided in subsection (7) of this section, any procedure, testimony taken, or material produced under this section shall be kept confidential by the attorney general before bringing an action against a person under this chapter for the violation under investigation unless confidentiality is waived by the person whose testimony is disclosed, or is waived by the person who produced to the attorney general or his designee the material being disclosed, or the disclosure is authorized by court order.

(7) The attorney general or his designee may disclose the testimony or material to a person who has a need to know such information and is employed by this state, the United States, or any other state, if, before disclosure, the receiving official agrees in writing to comply with the confidentiality provisions of this section and the attorney general or his designee has determined prior to making such disclosure that disclosure to the receiving person is reasonably necessary to permit proper enforcement of the antitrust laws of the United States or any state.

(8) The attorney general or his designee may exclude from the place of any examination under this section any person, except the person being examined and that person's counsel.

History:

[48-109, added 2000, ch. 148, sec. 3, p. 381.]
Idaho Code § 48-1912 — Idaho Code / Title 48 / Chapter 19 / Section 48-1912
48-1912 VIOLATION OF INJUNCTION, CONSENT JUDGMENT, OR ORDER — CIVIL PENALTY.
Status: in_force

48-1912. VIOLATION OF INJUNCTION, CONSENT JUDGMENT, OR ORDER — CIVIL PENALTY. Any person who violates the terms of a consent judgment entered pursuant to section 48-1909, Idaho Code, or an injunction issued or an order or judgment entered pursuant to section 48-1910, Idaho Code, shall forfeit and pay to the state a civil penalty of no more than ten thousand dollars ($10,000) per violation, the amount of the penalty to be determined by the district court issuing such order, consent judgment, judgment, or injunction. For the purposes of this section, the district court issuing such order, consent judgment, judgment, or injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for recovery of civil penalties.

History:

[48-1912, added 2020, ch. 321, sec. 1, p. 926.]
Idaho Code § 48-1206 — Idaho Code / Title 48 / Chapter 12 / Section 48-1206
48-1206 LIMITATION OF ACTION.
Status: in_force

48-1206. 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:

[48-1206, added 1993, ch. 246, sec. 1, p. 859.]
Idaho Code § 48-115 — Idaho Code / Title 48 / Chapter 1 / Section 48-115
48-115 STATUTE OF LIMITATIONS.
Status: in_force

48-115. Statute of limitations. (1) Any action brought by the attorney general pursuant to this chapter is barred if it is not commenced within four (4) years after the cause of action accrues.

(2) Any other action brought pursuant to this chapter is barred if it is not commenced within four (4) years after the cause of action accrues, or within one (1) year after the conclusion of an action brought by the state pursuant to this chapter based in whole or in part on any matter complained of in the subsequent action, whichever is the latter.

(3) The foregoing statute of limitations shall be tolled during any period when the defendant in any action fraudulently concealed the events upon which the cause of action is based.

History:

[48-115, added 2000, ch. 148, sec. 3, p. 383.]
Idaho Code § 48-1603 — Idaho Code / Title 48 / Chapter 16 / Section 48-1603
48-1603 DESIGNATION OF AGENT.
Status: in_force

48-1603. Designation of agent. Any person who sells, markets, promotes, advertises or otherwise distributes any card or other purchasing mechanism or device, which is not insurance, that purports to offer discounts from health care providers in health-related purchases in Idaho, shall designate an agent who is a resident of Idaho, for service of process and register such agent with the secretary of state.

History:

[48-1603, added 2000, ch. 185, sec. 1, p. 456.]
Idaho Code § 48-911 — Idaho Code / Title 48 / Chapter 9 / Section 48-911
48-911 REMEDY NONEXCLUSIVE.
Status: in_force

48-911. Remedy nonexclusive. Nothing in this chapter limits the rights or remedies which are otherwise available to a consumer under any other law.

History:

[48-911, added 1998, ch. 333, sec. 2, p. 1077.]
Idaho Code § 48-1203 — Idaho Code / Title 48 / Chapter 12 / Section 48-1203
48-1203 UNLAWFUL ACTS.
Status: in_force

48-1203. Unlawful acts. (1) It is unlawful for any person, except a religious corporation, a religious association, a religious educational institution or a religious society, in the planning, conduct or execution of any charitable solicitation, to utilize any unfair, false, deceptive, misleading or unconscionable act or practice. In deciding whether an act or practice is unfair, false, deceptive, misleading or unconscionable within the meaning of this subsection, definitions, standards and interpretations relating thereto under the Idaho consumer protection act and regulations promulgated thereunder shall apply.

(2) It is unlawful for a religious corporation, a religious association, a religious educational institution or a religious society, in the planning, conduct or execution of any charitable solicitation, knowingly and willfully to utilize any false, deceptive or misleading act or practice.

(3) It is unlawful for any person or charitable organization to use a container in a public place to solicit contributions by offering a product for sale knowing the container does not have a disclosure label affixed to it. However, no charitable organization shall be liable under this subsection if the container generates less than a gross amount of one hundred dollars ($100) per year or the charitable organization generates less than a gross amount of five hundred dollars ($500) per year from all sources for any charitable purpose or purposes. It is an absolute defense to prosecution under this subsection if the person or charitable organization soliciting contributions has given one hundred percent (100%) of the receipts generated by the container to the designated charitable organization to further the charitable purpose or purposes for which contributions were solicited.

History:

[48-1203, added 1993, ch. 246, sec. 1, p. 859; am. 1996, ch. 182, sec. 2, p. 578.]
Idaho Code § 48-1503 — Idaho Code / Title 48 / Chapter 15 / Section 48-1503
48-1503 NOTICE TO THE ATTORNEY GENERAL.
Status: in_force

48-1503. Notice to the attorney general. (1) Any nonprofit hospital shall be required to provide written notice to the attorney general prior to entering into any nonprofit hospital conversion transaction.

(2) In addition to identifying the parties to the nonprofit hospital conversion transaction and the general terms of the transaction, the notice to the attorney general provided for in this section shall include and contain relevant information related to the review factors set forth in section 48-1506, Idaho Code.

(3) This chapter shall not apply to a nonprofit hospital if the attorney general has given the nonprofit hospital a written waiver of this chapter as to the nonprofit hospital conversion transaction.

History:

[48-1503, added 2000, ch. 314, sec. 1, p. 1055.]
Idaho Code § 48-1005 — Idaho Code / Title 48 / Chapter 10 / Section 48-1005
48-1005 EXEMPTIONS.
Status: in_force

48-1005. Exemptions. (1) The following telephone solicitors are exempt from the provisions of section 48-1004, Idaho Code:

(a) A person engaging in telephone solicitations where:

(i) The solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature; or

(ii) Less than sixty percent (60%) of such person's prior year's sales were made as a result of telephone solicitations as defined in this chapter.

(b) A person making a telephone solicitation where the purchaser contacted has previously purchased goods or services from the person or the business entity for which the person is calling.

(c) A person making a telephone solicitation:

(i) Without the intent to make or obtain provisional acceptance of a purchase during the telephone solicitation; and

(ii) Who only arranges for the major sales presentation to be made at a later face-to-face meeting between the person and the purchaser, and the later face-to-face meeting is not for the purpose of collecting the payment or delivering any item purchased.

(d) A person whose business is licensed by any federal or state of Idaho governmental agency, except the secretary of state office, which has the power to revoke any license issued by the agency.

(e) A person making a telephone solicitation solely for purposes of selling a subscription to or advertising in a newspaper or telephone directory of general circulation.

(f) A person making a telephone solicitation solely for purposes of selling a magazine, periodical, book, or musical or video recording:

(i) Under which the telephone solicitor provides the purchaser with a form which the purchaser may use to instruct the telephone solicitor not to ship the merchandise; and

(ii) Which complies with the federal trade commission's "use of negative option plans by sellers in commerce rule," 16 CFR 425, regulation concerning "use of negative option plans by sellers in commerce" or a continuity plan, subscription arrangement, series arrangement or single purchase under which the telephone solicitor ships goods to a purchaser who has consented in advance to receive such goods and the purchaser is given the opportunity to review goods for at least seven (7) days and to receive a full refund for return of undamaged goods.

(g) A person who has at least one (1) business location in the state under the same name as that used in connection with telephone solicitations and ninety percent (90%) of the person's business involves the purchaser's obtaining services and products at the person's business location.

(h) An issuer or subsidiary of an issuer that has a class of securities which is subject to section 12 of the securities exchange act of 1934 (15 USC sec. 78l) and which is either registered or exempt from registration under paragraphs (A), (B), (C), (E), (F), (G) or (H) of subsection (g)(2) of that section.

(i) A person who solicits sales by periodically publishing and delivering a catalog of the person's merchandise to purchasers if the catalog:

(i) Contains a written description or illustration of each item offered for sale;

(ii) Includes the business address or home office address of the telephone solicitor;

(iii) Includes at least twenty-four (24) pages of written material and illustrations and are distributed in more than one state; and

(iv) Has an annual circulation by mailing of not less than two hundred fifty thousand (250,000).

(2) In any action, suit, or proceeding to enforce the provisions of this chapter, the burden of proving an exemption is upon the person claiming it.

History:

[48-1005, added 1992, ch. 27, sec. 1, p. 86; am. 1993, ch. 156, sec. 1, p. 400.]
Idaho Code § 48-1702 — Idaho Code / Title 48 / Chapter 17 / Section 48-1702
48-1702 DEFINITIONS.
Status: in_force

48-1702. definitions. As used in this chapter:

(1) "Demand letter" means a letter, e-mail or other communication asserting or claiming that the target has engaged in patent infringement, or that the actions of the target would benefit from the grant of a license to any patent, or any similar assertion.

(2) "Idaho person" means a person as defined in section 48-602, Idaho Code.

(3) "Target" means an Idaho person:

(a) Who has received a demand letter or against whom an assertion or allegation of patent infringement has been made;

(b) Who has been threatened with litigation or against whom a lawsuit has been filed alleging patent infringement; or

(c) Whose customers have received a demand letter asserting that the person's product, service or technology has infringed a patent.

History:

[48-1702, added 2014, ch. 277, sec. 1, p. 700.]
Idaho Code § 48-614 — Idaho Code / Title 48 / Chapter 6 / Section 48-614
48-614 FAILURE TO OBEY ATTORNEY GENERAL — APPLICATION TO DISTRICT COURT.
Status: in_force

48-614. Failure to obey attorney general — Application to district court. (1) If any person fails or refuses to file any statement or report, or obey any subpoena or investigative demand issued by the attorney general, the attorney general may, after notice, apply to a district court of the county in which the person resides or has a principal place of business, or if the person does not reside in or have a principal place of business in this state, the attorney general may apply to any district court in this state and, after hearing thereon, request an order:

(a) Ordering such person to file such statement or report, or to comply with the subpoena or investigative demand issued by the attorney general;

(b) Granting injunctive relief to restrain the person from engaging in the advertising or sale of any merchandise or the conduct of any trade or commerce that is involved in the alleged or suspected violation; and

(c) Granting such other relief as may be required, until the person files the statement or report, or obeys the subpoena or investigative demand.

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

(3) Any disobedience of any final order entered under the provisions of this section by any court shall be punished as a contempt thereof. Contempt penalties sued for and recovered by the attorney general 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 the provisions of this chapter.

History:

[48-614, added 1971, ch. 181, sec. 15, p. 847; am. 1990, ch. 273, sec. 9, p. 773; am. 1991, ch. 243, sec. 4, p. 594; am. 1993, ch. 102, sec. 5, p. 260.]
Idaho Code § 48-301 — Idaho Code / Title 48 / Chapter 3 / Section 48-301
48-301 SHORT TITLE.
Status: in_force

48-301. short title. This act shall be known and may be cited as the "Idaho Patient Act."

History:

[48-301, added 2020, ch. 139, sec. 1, p. 426.]
Idaho Code § 48-806 — Idaho Code / Title 48 / Chapter 8 / Section 48-806
48-806 EFFECT ON OTHER LAW.
Status: in_force

48-806. Effect on other law. (1) Except as provided in subsection (2) of this section, this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil liability remedies for misappropriation of a trade secret.

(2) This chapter does not affect:

(a) Contractual remedies, whether or not based upon misappropriation of a trade secret; or

(b) Other civil remedies that are not based upon misappropriation of a trade secret; or

(c) Criminal remedies, whether or not based upon misappropriation of a trade secret.

History:

[48-806, added 1981, ch. 240, sec. 1, p. 484; am. 1990, ch. 274, sec. 3, p. 775.]
Idaho Code § 48-2106 — Idaho Code / Title 48 / Chapter 21 / Section 48-2106
48-2106 EXCLUSIONS — WAIVER PROHIBITED.
Status: in_force

48-2106. exclusions — waiver prohibited. (1) Nothing in this chapter shall be construed to limit in any way what content parents may show to their children.

(2) Nothing in this chapter shall be construed to limit in any way, beyond limits imposed by other law, what results an online search engine may return in response to a query by a child.

(3) A waiver or limitation of any prohibition, requirement, or right to remedies established by this chapter, by any minor or parent, is unlawful, contrary to public policy, void ab initio, and of no effect, and no court or arbitrator may enforce or give effect to any such waiver, notwithstanding any contract or choice-of-law provision in a contract.

History:

[48-2106, added 2026, ch. 268, sec. 1, p. 1133.]
Idaho Code § 48-203 — Idaho Code / Title 48 / Chapter 2 / Section 48-203
48-203 COOPERATIVE ASSOCIATIONS EXEMPT.
Status: in_force

48-203. Cooperative associations exempt. Nothing in this act shall prevent a cooperative association from returning to its members, producers, or consumers the whole, or any part of, the net earnings or surplus resulting from its trading operations, in proportion to their purchases or sales from, to, or through the association.

History:

[48-203, added 1937, ch. 229, sec. 3, p. 406.]
Idaho Code § 48-1303 — Idaho Code / Title 48 / Chapter 13 / Section 48-1303
48-1303 NOTICE AND INFORMATION TO BE PROVIDED.
Status: in_force

48-1303. Notice and information to be provided. No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless it agrees to provide to the proprietor upon request at the proprietor's place of business, by electronic means or otherwise:

(1) Information as to whether specific copyrighted musical works are in its repertoire; and

(2) The opportunity to review the most current available list of the performing rights society's members or affiliates.

History:

[48-1303, added 1996, ch. 330, sec. 1, p. 1124.]
Idaho Code § 48-1907 — Idaho Code / Title 48 / Chapter 19 / Section 48-1907
48-1907 SALE OR TRANSFER OF CHARITABLE ASSETS.
Status: in_force

48-1907. SALE OR TRANSFER OF CHARITABLE ASSETS. (1) A charitable organization that holds, or within the preceding twelve (12) months received or at any time held, charitable assets with a fair market value in the aggregate exceeding ten thousand dollars ($10,000) shall provide written notice to the attorney general of the charitable organization's intent to dissolve, convert to a noncharitable organization, terminate, or dispose of all of its charitable assets. In addition, a charitable organization that holds, or within the preceding twelve (12) months received or at any time held, charitable assets with a fair market value in the aggregate exceeding ten thousand dollars ($10,000) shall provide written notice to the attorney general of the charitable organization's intent to dispose of substantially all of its charitable assets if such charitable organization has no reasonable expectation it will hold charitable assets with a fair market value in the aggregate exceeding ten thousand dollars ($10,000) in the next twenty-four (24) months.

(2) This section shall not apply to a charitable organization that is subject to the provisions of:

(a) Chapter 15, title 48, Idaho Code, where notice is timely provided to the attorney general, as provided therein; or

(b) Section 68-1204, Idaho Code, where notice is timely provided to the attorney general, as provided therein.

(3) Written notice to the attorney general under this section must include, at a minimum, the following:

(a) Legal names and mailing addresses of the directors and officers of the charitable organization;

(b) A description of the charitable assets and the charitable purpose of the assets; and

(c) A copy or summary of the plan of dissolution, conversion to a noncharitable organization, or termination and disposal of the charitable organization's charitable assets.

(4) Subject to subsection (8) of this section, no charitable assets shall be disposed of, transferred, or conveyed by a charitable organization subject to this section until at least thirty (30) days after it has given notice required by this section to the attorney general or until the attorney general has consented in writing to the actions set forth in the charitable organization's written notice or indicated in writing that he will take no action with respect to the proposed dissolution, conversion, or termination and disposal of the charitable organization's charitable assets, whichever is earlier.

(5) Failure to comply with the notice requirements of this section subjects the charitable organization's accountable persons to liability as provided by this chapter.

(6) A charitable organization that has provided notice under subsections (1) and (3) of this section and has not received a written response from the attorney general after thirty (30) days of giving such notice may proceed with the proposed dissolution, conversion to a noncharitable organization, or termination and disposal of charitable assets and be deemed in compliance with subsections (1) and (3) of this section.

(7) Within ninety (90) days of completion of the proposed dissolution, conversion to a noncharitable organization, or termination and disposal of all or substantially all of its charitable assets, the charitable organization's board shall deliver to the attorney general a list of who received the assets. The list shall include the address of each person who received the assets and indicate what assets each received.

(8) If the attorney general opposes, in writing, a proposed dissolution, conversion to a noncharitable organization, or termination and disposal of all or substantially all of a charitable organization's charitable assets, as set forth in the charitable organization's notice under subsections (1) and (3) of this section, the charitable organization may not proceed forward with the actions proposed in its written notice for at least fourteen (14) days after the attorney general's written response has been issued to allow the attorney general, in his discretion, to file suit seeking to block the charitable organization's proposed dissolution, conversion to a noncharitable organization, or termination and disposal of its charitable assets, or otherwise to resolve the matter with the affected parties pursuant to section 48-1909, Idaho Code.

(9) If the attorney general files a lawsuit seeking to block a charitable organization's proposed dissolution, conversion to a noncharitable organization, or termination and disposal of charitable trust assets, the district court shall review, de novo, the charitable organization's proposal to determine if it is in compliance with charitable trust law. If the attorney general does not file a lawsuit within the fourteen (14) days provided in this section, the charitable organization may proceed with the proposed dissolution, conversion to a noncharitable organization, or termination and disposal of charitable assets and be deemed in compliance with subsections (1) and (3) of this section.

History:

[48-1907, added 2020, ch. 321, sec. 1, p. 923.]
Idaho Code § 48-603B — Idaho Code / Title 48 / Chapter 6 / Section 48-603B
48-603B UNFAIR TAX RETURN PREPARATION PRACTICES.
Status: in_force

48-603B. Unfair tax return preparation practices. (1) As used in this section, unless the context otherwise requires:

(a) "Tax preparer" means a person who, for a fee, engages in the business of assisting with, or preparing, federal, state, or local government income tax returns.

(b) "Fee" means any moneys or valuable consideration paid or promised to be paid for services rendered or to be rendered by any person or persons functioning as or conducting the business of a tax preparer.

(2) The following acts or omissions related to the conduct of the business of the tax preparer, which are done by the tax preparer or any employee, partner, officer, or member of the tax preparer are unlawful:

(a) Making or authorizing in any manner or by any means whatever any statement written or oral which is untrue or misleading.

(b) Causing or allowing a consumer to sign any document in blank relating to a tax return thereof.

(c) Failing or refusing to give to a consumer a copy of any document requiring his signature, as soon as the consumer signs such document.

(d) Failing to maintain a copy of any tax return prepared for a consumer for the applicable statute of limitation period on federal tax returns and state tax returns.

(e) Making false promises of a character likely to influence, persuade, or induce a consumer to authorize the tax preparation service.

(3) (a) It is unlawful for any person, including an individual, firm, corporation, association, partnership, joint venture, or any employee or agent therefor, to use or disclose any information obtained in the business of preparing federal or state income tax returns or assisting taxpayers in preparing such returns unless such use or disclosure is within any of the following:

(i) Consented to in writing by the taxpayer in a separate document.

(ii) Expressly authorized by state or federal law.

(iii) Necessary to the preparation of the return.

(iv) Pursuant to court order.

(b) For the purposes of this section, a person is engaged in the business of preparing federal or state income tax returns or assisting taxpayers in preparing such returns if he does either of the following:

(i) Advertises, or gives publicity to the effect that he prepares or assists others in the preparation of state or federal income tax returns.

(ii) Prepares or assists others in the preparation of state or federal income tax returns for compensation.

(4) (a) It is unlawful for any person, including any individual, association, partnership, joint venture, or any employee or agent therefor, to fail to sign any state income tax return, or to fail to include his name, address, and social security number or preparer identification number issued under 26 U.S.C. 6109 on any state income tax return, which he prepares for another for compensation, or which he assists another in the preparation of for compensation.

(b) It is unlawful for any corporation to fail to include its name and address on any state income tax return which it prepares for another for compensation, or which it assists another in the preparation of for compensation.

(5) A person who renders mere mechanical assistance in the preparation of a return, declaration, statement, or other document is not considered, for the purposes of this section, as preparing the return, declaration, statement or other document.

History:

[48-603B, added 1973, ch. 285, sec. 4, p. 601; am. 1993, ch. 102, sec. 2, p. 257; am. 2000, ch. 26, sec. 2, p. 46.]
Idaho Code § 48-1906 — Idaho Code / Title 48 / Chapter 19 / Section 48-1906
48-1906 UNLAWFUL ACTS.
Status: in_force

48-1906. unlawful acts. (1) It is unlawful for an accountable person or charitable organization to knowingly use, or allow to be used, the charitable organization's charitable assets in a manner that is inconsistent with:

(a) Law applicable to the charitable asset;

(b) The restrictions contained in a gift instrument regarding the charitable assets; provided, however, that nothing in this section shall prevent a person from seeking a release or modifying the charitable purposes or restrictions contained in a gift instrument, pursuant to section 33-5006, Idaho Code, or other applicable Idaho law; or

(c) The charitable purpose of the charitable organization that holds the charitable asset.

(2) An accountable person is not liable under this section if the accountable person:

(a) Discharged his duties as an accountable person in compliance with the standards of conduct set forth in sections 30-30-618 and 30-30-623, Idaho Code, irrespective of whether the accountable person would otherwise be subject to the provisions of such sections;

(b) Acted in compliance with the applicable trust instrument and that trust instrument complies with Idaho law;

(c) Qualifies for immunity under section 6-1605, Idaho Code; or

(d) Acted in compliance with a court order regarding a matter for which the attorney general received timely notice as provided by applicable law, thereby providing the attorney general time to file any objection and be heard by the court regarding the matter.

History:

[48-1906, added 2020, ch. 321, sec. 1, p. 922.]
Idaho Code § 48-2007 — Idaho Code / Title 48 / Chapter 20 / Section 48-2007
48-2007 AUTHORITY OF THE ATTORNEY GENERAL AND THE DISTRICT COURTS.
Status: in_force

48-2007. Authority of the Attorney general and the 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. Said authority shall be non-exclusive.

History:

[48-2007, added 2023, ch. 242, sec. 1, p. 742.]
Idaho Code § 48-1509 — Idaho Code / Title 48 / Chapter 15 / Section 48-1509
48-1509 PUBLIC RECORDS.
Status: in_force

48-1509. Public records. All documents submitted to the attorney general by any person, including nonprofit hospital entities giving notice under section 48-1503, Idaho Code, in connection with the attorney general's review of the proposed nonprofit hospital conversion transaction pursuant to this chapter shall be deemed records contained in court files of judicial proceedings, as provided for in section 74-104(1)(b), Idaho Code, and shall only be subject to public disclosure, pursuant to a public document request, in the same manner as set forth in that section.

History:

[48-1509, added 2000, ch. 314, sec. 1, p. 1058; am. 2015, ch. 141, sec. 126, p. 474; am. 2023, ch. 210, sec. 5, p. 588.]
Idaho Code § 48-1504 — Idaho Code / Title 48 / Chapter 15 / Section 48-1504
48-1504 ATTORNEY GENERAL REVIEW AND WRITTEN OPINION — TIME PERIODS — EXTENSION — DISTRICT COURT REVIEW.
Status: in_force

48-1504. Attorney general review and written opinion — Time periods — Extension — District court review. (1) No nonprofit hospital conversion transaction may close or be consummated until the time periods, as provided in this section, have expired.

(2) Within ninety (90) days of receipt of a written notice as required by section 48-1503, Idaho Code, the attorney general shall review the proposed nonprofit hospital conversion transaction and notify the nonprofit hospital in writing of his opinion. The attorney general shall review the nonprofit hospital conversion transaction to determine if it is in the charitable trust interest. In making his determination, the attorney general shall be guided by the factors set forth in section 48-1506, Idaho Code. Upon application by the attorney general, the district court may extend this period for an additional sixty (60) day period, provided the extension is necessary to obtain necessary and relevant information pursuant to section 48-1507(2) or 48-1508(1), Idaho Code.

(3) If the attorney general, in his written opinion, opposes the proposed nonprofit hospital conversion transaction, the parties to the transaction may not close or consummate the transaction for fourteen (14) days after the attorney general's opinion has been issued to allow the attorney general, in his discretion, to file suit seeking to block the transaction.

(4) If the attorney general files a lawsuit seeking to block the nonprofit hospital conversion transaction, the district court shall review, de novo, the transaction to determine if it is in the charitable trust interest. In making this determination, the district court shall use the factors set forth in section 48-1506, Idaho Code. Neither a positive nor a negative finding with regard to one (1) or more of the factors listed in section 48-1506, Idaho Code, shall necessarily mean that the nonprofit hospital conversion transaction is or is not in the charitable trust interest.

History:

[48-1504, added 2000, ch. 314, sec. 1, p. 1055.]
Idaho Code § 48-603G — Idaho Code / Title 48 / Chapter 6 / Section 48-603G
48-603G CANCELLATION OF SUBSCRIPTIONS.
Status: in_force

48-603G. Cancellation of subscriptions. (1) For purposes of this section, unless the context otherwise requires:

(a) "Automatic subscription renewal" means an agreement entered into via the internet to provide goods or services to an Idaho consumer for a specified time and price that is automatically renewed at the end of a definite term for a subsequent term unless the consumer cancels the agreement.

(b) "Extended automatic subscription renewal" means an automatic subscription renewal entered into via the internet with a specified subscription term in which the subscription automatically renews for a specified term of twelve (12) months or more unless the consumer cancels the subscription.

(c) "Seller" means a person who sells, leases, or offers to sell or lease automatic subscription renewals or extended automatic subscription renewals but does not include an entity providing only a host platform on a website.

(2) A seller may not make an automatic subscription renewal offer to a consumer in this state unless the seller clearly and conspicuously discloses:

(a) The automatic subscription renewal terms; and

(b) The methods that the consumer may use to cancel the subscription.

(3) The seller shall provide methods of automatic subscription renewal cancellation that include a cost-effective, timely, and easy-to-use online mechanism that may include a termination email formatted and provided by the seller. Such a method should not include an additional fee for the consumer to cancel. If a phone number is provided for the purposes of cancellation of the subscription, the number must be toll-free and must be prominently displayed in the disclosure.

(4) A seller shall not make an extended automatic subscription renewal offer to a consumer in this state unless the seller notifies the consumer of the automatic renewal. Notice must be provided to the consumer at least thirty (30) days and no more than sixty (60) days in advance of the date of the delivery or provision of goods or services. The seller must provide for the same methods of cancellation as provided for in subsection (3) of this section. The notice must clearly and conspicuously:

(a) Describe the goods or services to be delivered;

(b) State the price;

(c) Inform the consumer that the goods or services will be provided unless the consumer informs the seller that the goods or services are not wanted; and

(d) Provide the consumer with one (1) or more methods of cancellation, including at least one (1) that shall be provided at no cost to the consumer.

(5) A violation of this section shall constitute a violation of the Idaho consumer protection act. This section does not create a private right of action or serve as a basis for a private right of action under any other provision of law.

(6) No civil penalties shall be enforced against a seller that makes a good faith effort to comply with this section.

(7) This section applies only to an agreement entered into or renewed on and after January 1, 2023, under which a seller makes an automatic subscription renewal or extended automatic subscription renewal offer to a consumer in this state.

(8) The following are exempted from this section:

(a) Any service provided by a business or its affiliate where either the business or its affiliate is doing business pursuant to a franchise issued by a political subdivision of the state or a license, franchise, certificate, or other authorization issued by the Idaho public utilities commission;

(b) Any service provided by a business or its affiliate where either the business or its affiliate is regulated by the Idaho public utilities commission, the federal communications commission, or the federal energy regulatory commission; and

(c) Any service defined in section 41-6203, Idaho Code, offered by an insurer or its affiliate, or any insurer or its affiliate regulated by the Idaho department of insurance.

History:

[48-603G, added 2022, ch. 193, sec. 1, p. 634; am. 2023, ch. 106, sec. 1, p. 311.]
Idaho Code § 48-807 — Idaho Code / Title 48 / Chapter 8 / Section 48-807
48-807 SHORT TITLE.
Status: in_force

48-807. Short title. This chapter may be cited as the "Idaho Trade Secrets Act."

History:

[48-807, added 1981, ch. 240, sec. 1, p. 484.]
Idaho Code § 48-518 — Idaho Code / Title 48 / Chapter 5 / Section 48-518
48-518 TIME OF TAKING EFFECT — REPEAL OF PRIOR ACTS — INTENT OF ACT.
Status: in_force

48-518. Time of taking effect — Repeal of prior acts — Intent of act. This act shall be in force and effect on July 1, 1996, but shall not affect any suit, proceeding or appeal then pending. All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on the effective date of this act, provided that as to any application, suit, proceeding or appeal, and for that purpose only, pending at the time this act takes effect the repeal shall be deemed not to be effective until final determination of said pending application, suit, proceeding or appeal.

The intent of this act is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the trademark act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this act.

History:

[48-518, added 1996, ch. 404, sec. 2, p. 1345.]
Idaho Code § 48-702 — Idaho Code / Title 48 / Chapter 7 / Section 48-702
48-702 LIABILITY FOR ACTS OF MINORS.
Status: in_force

48-702. Liability for acts of minors. The parent having legal custody, of a minor who knowingly removes merchandise from a merchant's premises without paying therefor, or knowingly conceals merchandise to avoid paying therefor, or knowingly commits retail theft, shall be civilly liable to the merchant for the retail value of the merchandise, plus damages of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), costs of suit and reasonable attorney's fees. Recovery under this section is not limited by any other provision of law which limits the liability of a parent for the tortious conduct of a minor. The liability of parents and of the minor under this chapter is joint and several.

A parent not having legal custody of a minor shall not be liable for the conduct of the minor proscribed by this act.

History:

[48-702, added 1974, ch. 245, sec. 1, p. 1621; am. 1980, ch. 243, sec. 2, p. 563.; am. 2012, ch. 257, sec. 12, p. 717.]
Idaho Code § 48-2201 — Idaho Code / Title 48 / Chapter 21 / Section 48-2201
48-2201 SHORT TITLE.
Status: in_force

48-2101 [48-2201]. short title. [EFFECTIVE JULY 1, 2027] This chapter shall be known and may be cited as the "Conversational AI Safety Act."

History:

[(48-2201) 48-2101, added 2026, ch. 249, sec. 1, p. 1050.]
Idaho Code § 48-1707 — Idaho Code / Title 48 / Chapter 17 / Section 48-1707
48-1707 BOND.
Status: in_force

48-1707. bond. Upon motion by a target and a finding by the court that a target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target's costs to litigate the claim and amounts reasonably likely to be recovered under this chapter, conditioned upon payment of any amounts finally determined to be due to the target. A hearing shall be held if either party so requests. The court may waive the bond requirement if it finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.

History:

[48-1707, added 2014, ch. 277, sec. 1, p. 701.]
Idaho Code § 48-505 — Idaho Code / Title 48 / Chapter 5 / Section 48-505
48-505 CERTIFICATE OF REGISTRATION.
Status: in_force

48-505. Certificate of registration. Upon compliance by the applicant with the requirements of this act, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and it shall show the name and business address and, for 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, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date and the term of the registration.

Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any actions or judicial proceedings in any court of this state.

History:

[48-505, added 1996, ch. 404, sec. 2, p. 1340.]
Idaho Code § 48-1505 — Idaho Code / Title 48 / Chapter 15 / Section 48-1505
48-1505 PUBLIC MEETINGS — NOTICE OF TIME AND PLACE.
Status: in_force

48-1505. Public meetings — Notice of time and place. (1) Prior to issuing any written opinion pursuant to section 48-1504, Idaho Code, the attorney general may conduct one (1) or more public meetings, one (1) of which, if held, shall be held in the county where the nonprofit hospital's assets to be transferred are located.

(2) If a party to the intended nonprofit hospital conversion transaction requests the hearing be conducted by a hearing officer outside the attorney general's office, a hearing officer, mutually agreed upon by the parties to the conversion transaction and the attorney general, shall be selected.

(3) At the public meeting, the attorney general or hearing officer shall hear comments from interested persons desiring to make statements regarding the proposed nonprofit hospital conversion transaction.

(4) The attorney general shall cause timely written notice to be provided regarding the time and place of the meeting through publication in one (1) or more newspapers of general circulation in the affected community, to the county board of supervisors, and if applicable, to the city council of the city where the nonprofit hospital's assets to be transferred are located.

(5) If a hearing officer is used, the parties to the nonprofit hospital conversion transaction shall pay the costs of the hearing officer.

History:

[48-1505, added 2000, ch. 314, sec. 1, p. 1056.]
Idaho Code § 48-1512 — Idaho Code / Title 48 / Chapter 15 / Section 48-1512
48-1512 APPLICATION OF ACT.
Status: in_force

48-1512. Application of act. This act applies to all acquisitions, the consummation of which occurs after the effective date of this act.

History:

[48-1512, added 2000, ch. 314, sec. 1, p. 1059.]
Idaho Code § 48-803 — Idaho Code / Title 48 / Chapter 8 / Section 48-803
48-803 DAMAGES.
Status: in_force

48-803. Damages. (1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(2) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1) of this section.

History:

[48-803, added 1981, ch. 240, sec. 1, p. 484; am. 1990, ch. 274, sec. 2, p. 775.]
Idaho Code § 48-1103 — Idaho Code / Title 48 / Chapter 11 / Section 48-1103
48-1103 PREAMBLE MESSAGE.
Status: in_force

48-1103. Preamble message. (1) An information provider that offers pay-per-telephone call services in this state shall include at the beginning of its service a preamble message. No preamble message shall be required for pay-per-telephone call service for which the total charge for such service is two dollars ($2.00) or less.

(2) The preamble message shall be clearly understandable and audible and state the cost of the call. The preamble must disclose all per-call charges. If the call is billed on a usage sensitive basis, the preamble must state all rates, by minute or other unit of time, any minimum charges and the total cost for calls to that service if the duration of the service can be determined.

(3) The preamble must state the name of the information provider and accurately describe the information, product, or service that the caller will receive for the fee.

(4) The preamble must inform the caller that billing will begin only after a specific identified event following the disclosure message, such as a signal tone, and must provide a reasonable opportunity for the caller to disconnect before that event.

(5) Any preamble message associated with a pay-per-telephone call service that is aimed at or likely to be of interest to children under the age of eighteen (18) must contain a statement that the caller should hang up unless he has parental permission.

(6) A caller may be provided the means to bypass the preamble message on subsequent calls, provided that the caller has sole control of that capability, except that any bypass device shall be disabled for a period of thirty (30) days following the effective date of a price increase for the service. Instructions on how to bypass must either be at the end of the preamble message or at the end of the service.

(7) If the pay-per-telephone call service originates and terminates within local exchange areas served by the same telephone corporation within the state of Idaho, the information provider may apply to the Idaho attorney general for permission to modify the preamble message. The attorney general may grant such permission if the attorney general is satisfied that the modified message will adequately disclose sufficient material facts which will safeguard the public against deceit and financial hardship. Such decision shall be final and nonappealable.

History:

[48-1103, added 1992, ch. 29, sec. 1, p. 91.]
Idaho Code § 48-2205 — Idaho Code / Title 48 / Chapter 21 / Section 48-2205
48-2205 PENALTIES AND ENFORCEMENT.
Status: in_force

48-2105 [48-2205]. penalties and enforcement. [EFFECTIVE JULY 1, 2027] (1) An operator that violates the provisions of this chapter shall be subject to an injunction and liable for civil penalties of one thousand dollars ($1,000) per violation, not to exceed five hundred thousand dollars ($500,000) per operator, or actual damages, whichever is greater.

(2) Civil penalties for violations of the provisions of this chapter are to be sought by the attorney general. Nothing in this chapter shall be construed as creating a private right of action to enforce the provisions of this chapter or to support a private right of action under any other law.

(3) This chapter shall not create liability for the developer of an AI model for any violation of this chapter by a conversational AI system that is made available to the public by a third-party operator.

History:

[(48-2205) 48-2105, added 2026, ch. 249, sec. 1, p. 1052.]
Idaho Code § 48-908 — Idaho Code / Title 48 / Chapter 9 / Section 48-908
48-908 TREBLE DAMAGES FOR BAD FAITH APPEAL OF DECISION.
Status: in_force

48-908. Treble damages for bad faith appeal of decision. If the district court finds that a party has removed a decision of an informal dispute settlement mechanism in bad faith, by asserting a claim or defense that is frivolous and costly to the other party, or by asserting an unfounded position solely to delay recovery by the other party, then the court shall award to the prevailing party three (3) times the actual damages sustained, together with costs and attorney's fees.

History:

[48-908, added 1998, ch. 333, sec. 2, p. 1077.]
Idaho Code § 48-118 — Idaho Code / Title 48 / Chapter 1 / Section 48-118
48-118 VENUE.
Status: in_force

48-118. Venue. Any action, application, or motion brought by the attorney general against a person under this chapter may be filed in the district court of the county in which the 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 pleading may be brought in any district court in this state.

History:

[48-118, added 2000, ch. 148, sec. 3, p. 384.]
Idaho Code § 48-1107 — Idaho Code / Title 48 / Chapter 11 / Section 48-1107
48-1107 LIMITATIONS OF ACTION.
Status: in_force

48-1107. Limitations 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:

[48-1107, added 1992, ch. 29, sec. 1, p. 92.]
Idaho Code § 48-1407 — Idaho Code / Title 48 / Chapter 14 / Section 48-1407
48-1407 ENFORCEMENT.
Status: in_force

48-1407. Enforcement. (1) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of the chapter in the district court of the county where the consumer resides or where the manufacturer resides or has its principal place of business. Damages include all costs to the consumer attributable to the nonconforming device, but does not include punitive damages. The court shall award a consumer who prevails in such action the amount of any pecuniary loss, and costs and reasonable attorney's fees, and any other equitable relief the court deems appropriate.

(2) These sections shall not be construed to limit rights or remedies available to the consumer under any other law and the remedies provided under this chapter are inclusive and in addition to any other remedies provided by law.

(3) Any waiver by a consumer of rights under this chapter is void.

History:

[48-1407, added 1997, ch. 276, sec. 1, p. 822.]
Idaho Code § 48-202 — Idaho Code / Title 48 / Chapter 2 / Section 48-202
48-202 DISCRIMINATION UNLAWFUL — DIFFERENTIALS — CUSTOMER SELECTION — PRICE CHANGES — REBUTTING PRIMA FACIE CASE — COMMISSIONS OR BROKERAGES PROHIBITED — CUSTOMER DISCRIMINATION OR RECEIPT OF DISCRIMINATION PROHIBITED.
Status: in_force

48-202. Discrimination unlawful — Differentials — Customer selection — Price changes — Rebutting prima facie case — Commissions or brokerages prohibited — Customer discrimination or receipt of discrimination prohibited. (a) It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality or to discriminate in price between different sections, communities or cities or portions thereof or between different locations in such sections, communities, cities or portions thereof in this state, where the effect of such discriminations may be substantially to lessen competition or tend to create a monopoly in any line of commerce, or to injure, destroy, or prevent competition with any person who either grants or knowingly receives the benefit of such discrimination, or with customers of either of them: provided, that nothing herein contained shall prevent differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery, resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered: and provided further, that nothing herein contained shall prevent persons engaged in selling goods, wares, or merchandise in commerce from selecting their own customers in bona fide transactions and not in restraint of trade: and provided further, that nothing herein contained shall prevent price changes from time to time where in response to changing conditions affecting the market for or the marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonable goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.

(b) Upon proof being made, in any suit or other proceeding in which any violation of this act may be at issue, that there has been discrimination in price, or in services or facilities furnished, or in payment for services or facilities to be rendered, the burden of rebutting the prima facie case thus made by showing justification shall be upon the person charged with such violation: provided, however, that nothing herein contained shall prevent a seller rebutting the prima facie case thus made by showing that his lower price, or the payment for or furnishing of services or facilities to any purchaser or purchasers was made in good faith to meet an equally low price of a competitor or the services or facilities furnished by a competitor.

(c) It shall be unlawful for any person engaged in commerce, in the course of such commerce, to pay or grant, or to receive or accept, anything of value as a commission, brokerage, or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, or merchandise; provided, however, that in all such transactions of sale and purchase it shall be unlawful for either party to such transaction to pay or grant anything of value as a commission, brokerage or other compensation, or any allowance or discount in lieu thereof, to the other party to the transaction or to any agent, representative, or other intermediary therein, where such agent, representative, or other intermediary is acting in fact for or in behalf, or is subject to the direct or indirect control, of the said other party to such transaction.

(d) It shall be unlawful for any person engaged in commerce, in the course of such commerce, to pay or contract for the payment of anything of value to or for the benefit of a customer of such person in the course of such commerce as compensation or in consideration for any services or facilities furnished by or through such customer in connection with the processing, handling, sale, or offering for sale of any products or commodities manufactured, sold, or offered for sale by such person, unless such payment or consideration is available on proportionally equal terms to all other customers competing in the distribution of such products or commodities.

(e) It shall be unlawful for any person engaged in commerce, in the course of such commerce, to discriminate in favor of one purchaser against another purchaser or purchasers of a commodity bought for resale, with or without processing, by contracting to furnish or furnishing, or by contributing to the furnishing of, any services or facilities connected with the processing, handling, sale or offering for sale of such commodity so purchased upon terms not accorded to all purchasers on proportionally equal terms.

(f) It shall be unlawful for any person engaged in commerce, in the course of such commerce, knowingly to induce or receive a discrimination in price which is prohibited by this section.

History:

[48-202, added 1937, ch. 229, sec. 2, p. 406.]
Idaho Code § 48-116 — Idaho Code / Title 48 / Chapter 1 / Section 48-116
48-116 ACTION NOT BARRED BECAUSE IT AFFECTS INTERSTATE OR FOREIGN COMMERCE.
Status: in_force

48-116. Action not barred because it affects interstate or foreign commerce. No action under this chapter shall be barred on the ground that the activity or conduct complained of in any way affects or involves interstate or foreign commerce.

History:

[48-116, added 2000, ch. 148, sec. 3, p. 384.]
Idaho Code § 48-1307 — Idaho Code / Title 48 / Chapter 13 / Section 48-1307
48-1307 REMEDIES CUMULATIVE.
Status: in_force

48-1307. Remedies cumulative. The rights, remedies and prohibitions contained in this chapter shall be in addition to and cumulative to any other right, remedy or prohibition accorded by common law, federal law or the statutes of the state, and nothing contained in this chapter shall be construed to deny, abrogate or impair any common law or statutory right, remedy or prohibition.

History:

[48-1307, added 1996, ch. 330, sec. 1, p. 1125.]
Idaho Code § 48-2004 — Idaho Code / Title 48 / Chapter 20 / Section 48-2004
48-2004 RECORDING PROHIBITED — COUNTY RECORDER IMMUNITY.
Status: in_force

48-2004. Recording Prohibited — County Recorder Immunity. (1) No person shall present or send to any county recorder for recording or cause to be recorded by said recorder an unfair service agreement or notice or memorandum thereof.

(2) In the event that a county recorder does record an unfair service agreement, the county recorder shall incur no liability for doing so.

(3) If an unfair service agreement is recorded, it shall not create a lien or provide constructive notice to any third party, bona fide purchaser, or creditor.

History:

[48-2004, added 2023, ch. 242, sec. 1, p. 742.]
Idaho Code § 48-304 — Idaho Code / Title 48 / Chapter 3 / Section 48-304
48-304 REQUIREMENTS FOR EXTRAORDINARY COLLECTION ACTION.
Status: in_force

48-304. requirements for extraordinary collection action. (1) No person shall engage, directly or indirectly, in any extraordinary collection action against a patient unless:

(a) A health care provider submits its charges related to the provision of goods or delivery of services to the third-party payor of the patient, identified by the patient to the health care provider in connection with the services or, in the event no third-party payor was identified, to the patient, which submission of charges in either case shall be within forty-five (45) days from the latest of:

(i) The date of the provision of goods or the delivery of services to the patient;

(ii) The date of discharge of the patient from a health care facility; or

(iii) The first date permitted by the applicable billing code or codes and the applicable policies and procedures in connection with the patient's care in each case as published by the relevant national association;

(b) The patient receives a consolidated summary of services, free of charge, from the health care facility that the patient visited, unless the health care facility is exempted from providing a consolidated summary of services pursuant to section 48-309, Idaho Code, within sixty (60) days from the latest of:

(i) The date of the provision of goods or delivery of services to the patient;

(ii) The date of discharge of the patient from the health care facility; or

(iii) The first date permitted by the applicable billing code or codes and the applicable policies and procedures in connection with the patient's care in each case as published by the relevant national association.

(c) The patient receives, free of charge, a final notice before extraordinary collection action from the billing entity of the health care provider;

(d) The health care provider does not charge or cause to accrue any interest, fees, or other ancillary charges until at least sixty (60) days have passed from the date of receipt of the final notice before extraordinary collection action or the consolidated summary of services, whichever is received later by the patient; and

(e) At least ninety (90) days have passed from receipt of the final notice before extraordinary collection action or the consolidated summary of services, whichever is received later by the patient, and final resolution of all internal reviews, good faith disputes, and appeals of any charges or third-party payor obligations or payments; provided, however, that the ninety (90) days required by this paragraph may be shortened to forty-five (45) days for an extraordinary collection action as defined in section 48-303(3)(a)(ii), Idaho Code, if at least thirty (30) days prior to such action, the patient receives written notice that the health care provider may take an extraordinary collection action as defined in section 48-303(3)(a)(ii), Idaho Code, and that, as a consequence of taking such action, the health care provider will be prohibited from taking any extraordinary collection action as defined in section 48-303(3)(a)(iii), Idaho Code.

(2) Any person taking an extraordinary collection action as defined in section 48-303(3)(a)(ii), Idaho Code, prior to ninety (90) days from the patient's receipt of the final notice before extraordinary collection action shall be prohibited from pursuing an extraordinary collection action as defined in section 48-303(3)(a)(iii), Idaho Code.

(3) No person shall engage, directly or indirectly, in any type of extraordinary collection action against a patient unless the final notice before extraordinary collection action includes both the name of the third-party payor to which the health care provider submitted charges related to the provision of goods or delivery of services to the patient and the patient's group number and last four (4) digits of the patient's membership number; provided, however, such requirement does not apply if the health care provider has submitted all charges in connection with the patient's care to the patient's correct third-party payor. Nothing in this subsection shall be construed to exempt a person from the requirements of subsection (1) of this section or section 48-306, Idaho Code.

History:

[48-304, added 2020, ch. 139, sec. 1, p. 428; am. 2022, ch. 263, sec. 2, p. 846.]
Idaho Code § 48-1003B — Idaho Code / Title 48 / Chapter 10 / Section 48-1003B
48-1003B CONSENT REQUIRED FOR TELEMARKETING CHARGES TO PREVIOUSLY OBTAINED ACCOUNTS.
Status: in_force

48-1003B. Consent required for telemarketing charges to previously obtained accounts. (1) As used in this section:

(a) "Account" means a credit card, debit card, checking account, savings account, loan account, telephone service account, utility account or other similar account.

(b) "Account holder" means a consumer who owns an account, or a consumer who has authority to cause a charge or debit to an account.

(c) "Authorization" means an account holder providing express consent to a telemarketer or person acting on behalf of the telemarketer, to charge or cause to be charged the account holder's account for the purchase of goods or services. Authorization is not effective until the account holder has been advised, clearly and conspicuously:

(i) That the telemarketer has the account holder's account number;

(ii) That the telemarketer is going to charge the account holder's account;

(iii) The specific account that will be charged;

(iv) The specific amount that the account holder's account will be charged; and

(v) The name, address and telephone number of the person who will be charging the account holder's account.

(d) "Charge" means a charge or debit, or an attempt to charge or debit, an account, if that account can be charged without the express written authorization of the account holder to each specific charge or debit. Charge does not include a charge or debit, or an attempt to charge or debit, a telephone service account for local or long distance telecommunications services. A charge can occur by electronic or any other means.

(e) "Goods" or "services" has the meaning given to them in section 48-1002(4) and (9), Idaho Code, except that for purposes of this section these terms are limited to goods or services which are normally used for personal, household or family purposes.

(f) "Previously obtained account number telemarketing call" means a telephone call in which the telemarketer attempts to obtain account holder authorization for a current or future charge without obtaining the account number from the account holder during the call; provided however, that "previously obtained account number telemarketing call" does not include the sale of securities through a telephone call, if the telemarketer is a licensed securities agent or broker in the state of Idaho; provided further, that "previously obtained account number telemarketing call" does not include a telephone call initiated by an account holder during which the person receiving the telephone call attempts to sell, offer for sale, or otherwise induce the account holder to purchase goods or services. A "previously obtained account number telemarketing call" does not include a call to or from a current customer of the telemarketer to renew or extend, inquire about or add goods or services if the customer has previously provided account information for billing purposes to the telemarketer and the telemarketer clearly and conspicuously discloses that such renewal or extension, or additional goods or services, will be debited to the same account.

(g) "Telemarketer" means any person who regularly engages in a previously obtained account number telemarketing call.

(2) A telemarketer shall not charge or cause a charge to an account holder's account as a result of a previously obtained account number telemarketing call unless the telemarketer has first obtained authorization from the account holder for the specific charge discussed during the call.

(3) An account holder's authorization can be in writing or given verbally. If the telemarketer uses written authorization, the telemarketer cannot charge the account holder's account until the account holder's written authorization is received by the telemarketer. If the telemarketer uses verbal authorization, either (i) the authorization must be audio taped by the telemarketer and the telemarketer must advise the account holder that his or her authorization is being recorded or (ii) the account holder must disclose the last four (4) digits of the account holder's account number if the telemarketer has reasonable procedures in effect to verify that such digits as provided by the account holder match the last four digits of the account to be charged. Authorizations must be kept and maintained for a period of two (2) years and must also be made available to the account holder upon written request.

(4) (a) In the case where a telemarketer utilizes a voice response unit, whether inbound or outbound, an account holder may give authorization by providing the last four (4) digits of the account holder's account number, an account number previously assigned to the account holder by the telemarketer, or an alternate unique identifier which enables the telemarketer to verify or confirm the account holder's authorization; provided however, that the information set forth in subsection (1)(c) of this section must first be clearly and conspicuously disclosed to the account holder.

(b) For purposes of this subsection, "voice response unit" means a device which allows a user to provide or obtain information from a computer system using touch-tone input or speech input.

History:

[48-1003B, added 2001, ch. 315, sec. 1, p. 1123; am. 2004, ch. 102, sec. 3, p. 361.]
Idaho Code § 48-1901 — Idaho Code / Title 48 / Chapter 19 / Section 48-1901
48-1901 SHORT TITLE.
Status: in_force

48-1901. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Charitable Assets Protection Act."

History:

[48-1901, added 2020, ch. 321, sec. 1, p. 921.]
Idaho Code § 48-603H — Idaho Code / Title 48 / Chapter 6 / Section 48-603H
48-603H VETERANS BENEFITS CONSUMER PROTECTIONS.
Status: in_force

48-603H. veterans benefits consumer protections. (1) As used in this section:

(a) "Compensation" means a payment of any money, thing of value, or financial benefit.

(b) "Veterans benefits matter" means the preparation, presentation, or prosecution of, or advertising or consulting for, any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function, or status to which entitlement is determined under the laws and regulations administered by the United States department of veterans affairs, the United States department of war, or the Idaho division of veterans services pertaining to veterans, veterans' dependents or survivors, or any other individual eligible for such benefit, program, service, commodity, function, or status.

(2)(a) Except as permitted under federal law, no individual shall receive compensation for a veterans benefits matter before the United States department of veterans affairs, the United States department of war, or the Idaho division of veterans services.

(b) No person shall receive compensation for referring any individual to another person for a veterans benefits matter before the United States department of veterans affairs, the United States department of war, or the Idaho division of veterans services.

(3) Persons not accredited by the United States department of veterans affairs and not acting as agents or attorneys but seeking to receive compensation for any veterans benefits matter shall enter into a written fee agreement signed by both parties. Such agreement shall provide that compensation is contingent on an increase in benefits awarded, and if successful, compensation shall not exceed five (5) times the amount of the monthly increase in benefits awarded based on the claim. No initial or nonrefundable fee may be charged by a person handling a veterans benefits matter.

(4) Any person receiving compensation for a veterans benefit matter pursuant to subsection (3) of this section shall provide the following written disclosure clearly and conspicuously before the consumer signs the fee agreement:

This business is not sponsored by or affiliated with the United States Department of Veterans Affairs, the Idaho Division of Veterans Services, or any federally chartered veterans service organization. Other organizations, including but not limited to the Idaho Division of Veterans Services, local veterans service organizations, and federally chartered veterans service organizations, may be able to provide you with this service free of charge. Products or services offered by this business are not necessarily endorsed by any of these organizations. You may qualify for other veterans benefits beyond the benefits for which you are receiving services here.

(5) Any person receiving compensation for a veterans benefits matter under a fee agreement pursuant to subsection (3) of this section:

(a) May not utilize international call centers or data centers for processing veterans' personal information;

(b) May not use a veteran's personal log-in, username, or password information to access a veteran's medical, financial, or government benefits information;

(c) Shall ensure that any individual who has access to a veteran's medical or financial information undergoes a background check prior to having access to such information. The background check must be conducted by a reputable source and include identity verification and a criminal records check; and

(d) May not receive any compensation for any services rendered in connection with any claim filed within the one (1) year presumptive period of active-duty release, unless the veteran acknowledges in writing that the veteran is within this period and choosing to deny available free services.

(6) Nothing in this section shall be construed as applying to, limiting, or expanding the requirements imposed on agents, attorneys, or other representatives accredited and regulated by the United States department of veterans affairs.

History:

[48-603H, added 2026, ch. 145, sec. 1, p. 669.]
Idaho Code § 48-510 — Idaho Code / Title 48 / Chapter 5 / Section 48-510
48-510 CLASSIFICATION.
Status: in_force

48-510. Classification. The secretary of state shall use the international classification of goods and services for convenience of administration of this act, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary of state may require payment of a fee for each class. To the extent practicable, the classification of goods and services shall conform to the classification adopted by the United States patent and trademark office. Applications for renewal shall be filed using the international classification of goods and services. A renewed registration shall be issued by the secretary of state, under the international classification of goods and services, if such renewal would not expand the registrant's rights.

History:

[48-510, added 1996, ch. 404, sec. 2, p. 1342; am. 2012, ch. 322, sec. 2, p. 882.]
Idaho Code § 48-1204 — Idaho Code / Title 48 / Chapter 12 / Section 48-1204
48-1204 AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT.
Status: in_force

48-1204. 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.

History:

[48-1204, added 1993, ch. 246, sec. 1, p. 859.]
Idaho Code § 48-1902 — Idaho Code / Title 48 / Chapter 19 / Section 48-1902
48-1902 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

48-1902. LEGISLATIVE FINDINGS AND INTENT. (1) The state of Idaho is home to thousands of charitable organizations that, collectively, hold billions of dollars in charitable assets. Charitable organizations have a legal duty to use their charitable assets according to the charitable purposes designated in their governing documents. The legislature is aware, however, that misuse or misappropriation of charitable assets occurs to the harm of the charitable purposes for which they were donated and the communities that were intended to be benefitted by the charitable donation.

(2) The attorney general, as the state of Idaho's chief legal officer, has a legal duty to ensure that charitable assets are used for their intended purposes.

(3) The current law governing the attorney general's authority over charitable organizations holding charitable assets does not adequately define the attorney general's duties and enforcement authorities. Further, Idaho law has not effectively defined the attorney general's authority to address a person's unlawful misuse or misappropriation of charitable assets.

(4) Therefore, through this chapter, it is the legislature's intent to:

(a) Define the attorney general's duties to protect charitable assets from misuse or misappropriation and to provide the attorney general with the necessary authority and enforcement tools to protect charitable assets; and

(b) Provide a procedure for notifying the attorney general before certain charitable organizations dissolve, convert to a noncharitable organization, terminate, or otherwise dispose of their charitable assets.

(5) The provisions of this chapter are remedial and shall be construed and applied liberally to accomplish the purposes provided for in this section and to protect Idaho charitable assets.

History:

[48-1902, added 2020, ch. 321, sec. 1, p. 921.]
Idaho Code § 48-703 — Idaho Code / Title 48 / Chapter 7 / Section 48-703
48-703 DEFINITIONS.
Status: in_force

48-703. Definitions. As used in this chapter:

(a) "Merchandise" means any personal property displayed, held or offered for sale by a merchant.

(b) "Merchant" means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant's premises.

(c) "Premises" means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.

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

(e) "Retail theft" means the alteration, transfer, or removal of any label, price tag, marking, indicia of value or any other markings which aid in the determination of value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment, for the purpose of attempting to purchase such merchandise either personally or in consort with another, at less than the retail value with the intention of depriving the merchant of the value of such merchandise.

History:

[48-703, added 1974, ch. 245, sec. 1, p. 1620; am. 1980, ch. 243, sec. 3, p. 563.]
Idaho Code § 48-112 — Idaho Code / Title 48 / Chapter 1 / Section 48-112
48-112 ADDITIONAL RELIEF OF DISTRICT COURT AUTHORIZED.
Status: in_force

48-112. Additional relief of district court authorized. When the state prevails in any action brought under section 48-108, Idaho Code, the court shall award reasonable costs and attorney's fees to the attorney general. In addition, the court may:

(1) Make orders or judgments as necessary to prevent the use or employment by a person of any act or practice declared unlawful by this act;

(2) Make orders or judgments as necessary to compensate persons for damages sustained or to provide for restitution to persons of money, property or other things received from persons in connection with a violation of this chapter;

(3) Appoint a receiver to oversee assets or order sequestration of assets whenever it appears 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 section and assess the expenses of a master, receiver or escrow agent against the defendant; and

(4) Grant other appropriate relief.

History:

[48-112, added 2000, ch. 148, sec. 3, p. 383.]
Idaho Code § 48-1903 — Idaho Code / Title 48 / Chapter 19 / Section 48-1903
48-1903 DEFINITIONS.
Status: in_force

48-1903. DEFINITIONS. As used in this chapter:

(1) "Accountable person" means a director, officer, executive, manager, trustee, agent, or employee of a charitable organization.

(2) "Attorney general" means the attorney general of the state of Idaho or the attorney general's designee.

(3) "Charitable asset" means any interest in real or personal property and any other article, commodity, or thing of value that is impressed with a charitable purpose but does not include private assets held in a split-interest trust, as described in section 4947(a)(2) of the Internal Revenue Code, as referenced in section 63-3004, Idaho Code.

(4) "Charitable organization" means a person who holds charitable assets regardless of the legal form.

(5) "Charitable purpose" means the relief of poverty, the advancement of knowledge, education, or religion, or the promotion of health, the environment, civic or patriotic matters, or any other purpose, the achievement of which is beneficial to the community.

(6) "Person" has the same meaning as that term is defined in section 15-1-201(34), Idaho Code.

History:

[48-1903, added 2020, ch. 321, sec. 1, p. 922.]
Idaho Code § 48-1308 — Idaho Code / Title 48 / Chapter 13 / Section 48-1308
48-1308 EXCEPTIONS.
Status: in_force

48-1308. Exceptions. This chapter shall not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the federal communications commission, or to contracts with cable operators, programmers or other transmission services. Nor shall this chapter apply to musical works performed in synchronization with an audio/visual film or tape.

History:

[48-1308, added 1996, ch. 330, sec. 1, p. 1125.]
Idaho Code § 48-2103 — Idaho Code / Title 48 / Chapter 21 / Section 48-2103
48-2103 AGE ESTIMATION AND IDENTIFICATION OF CHILDREN.
Status: in_force

48-2103. age estimation and identification of children.

(1)(a) Within fourteen (14) days of the first trigger date, a covered social media platform shall use reasonable means and reasonable efforts, taking into consideration available technology and the data in the possession of the covered social media platform, to estimate the age of the account holder for purposes of this chapter. If the covered social media platform is able to conclude with eighty percent (80%) confidence or higher that the account holder is older than sixteen (16) years of age, the covered social media platform may treat the account holder to be other than a child for the purposes of this chapter. Otherwise, the covered social media platform shall treat the account holder as a child for the purposes of this chapter.

(b) Within fourteen (14) days of the second trigger date, a covered social media platform shall use reasonable means and reasonable efforts, taking into consideration available technology and the data in the possession of the covered social media platform, to revise its estimate of the age of the account holder for the purposes of this chapter. If the covered social media platform is able to conclude with ninety percent (90%) confidence or higher that the account holder is older than sixteen (16) years of age, the covered social media platform may treat the account holder to be other than a child for the purposes of this chapter. Otherwise, the covered social media platform shall treat the account holder as a child for the purposes of this chapter.

(c) After the second trigger date, a covered social media platform shall update its estimate of the age of each account holder after every additional one hundred (100) hours spent by the account holder on the platform, or as often as the covered social media platform applies any form of data analytics or artificial intelligence to update its estimate of any other demographic characteristic of the account holder for any reason, whichever period is shorter.

(2) A covered social media platform shall have no obligation under this chapter to estimate the age of an account holder, or to take any other action with respect to such an account, when the account holder has had an account with the covered social media platform continuously for at least seven (7) years.

(3) Nothing in this section shall be construed to create any duty on the part of a covered social media platform to request, collect, or retain any information from or about any account holder. The age estimate required by this section shall be derived based on information collected and retained by the covered social media platform in the ordinary course of operation of the social media platform.

History:

[48-2103, added 2026, ch. 268, sec. 1, p. 1130.]
Idaho Code § 48-603A — Idaho Code / Title 48 / Chapter 6 / Section 48-603A
48-603A UNFAIR SOLICITATION PRACTICES.
Status: in_force

48-603A. Unfair solicitation practices. (1) It is unlawful for any person to solicit a sale or order for sale of goods or services at other than appropriate trade premises, in person or by means of telephone, without clearly, affirmatively and expressly revealing at the time the person initially contacts the prospective buyer, and before making any other statement, except a greeting, or asking the prospective buyer any other questions, that the purpose of the contact is to effect a sale, by doing all of the following:

(a) Stating the identity of the person making the solicitation;

(b) Stating the trade name of the person represented by the person making the solicitation;

(c) Stating the kind of goods or services being offered for sale;

(d) And, in the case of an "in person" contact, the person making the solicitation shall, in addition to meeting the requirements of paragraphs (a), (b) and (c) of this section, show or display identification which states the information required by paragraphs (a) and (b) of this section as well as the address of the place of business of one (1) of such persons so identified.

(2) It is unlawful for any person, in soliciting a sale or order for the sale of goods or services at other than his appropriate trade premises, in person or by telephone, to use any plan, scheme, or ruse which misrepresents his true status or mission for the purpose of making such sale or order for the sale of goods or services.

(3) It is unlawful in the sale or offering for sale of goods or services for any person conducting a mail order or catalog business in this state and utilizing a post office box address to fail to disclose the legal name under which business is done and the complete street address from which business is actually conducted in all advertising and promotional materials, including order blanks and forms.

History:

[48-603A, added 1973, ch. 285, sec. 3, p. 601.]
Idaho Code § 48-1508 — Idaho Code / Title 48 / Chapter 15 / Section 48-1508
48-1508 CONTRACTS WITH AGENCIES AND CONSULTANTS — REIMBURSEMENT FOR COSTS AND EXPENSES OF REVIEW — FAILURE TO PAY.
Status: in_force

48-1508. Contracts with agencies and consultants — Reimbursement for costs and expenses of review — Failure to pay. (1) Within the time periods designated in section 48-1504, Idaho Code, the attorney general may do any of the following to assist in the review of the proposed nonprofit hospital conversion transaction described in section 48-1503, Idaho Code:

(a) Contract with, consult, and receive advice from any agency of the state or the United States on such terms and conditions the attorney general deems appropriate; or

(b) In the attorney general's sole discretion, contract with such experts or consultants the attorney general deems appropriate to assist the attorney general in reviewing the proposed nonprofit hospital conversion transaction.

(2) Any costs incurred by the attorney general pursuant to this section shall not exceed an amount that is reasonable and necessary to conduct the review of the proposed nonprofit hospital conversion transaction. The attorney general shall be exempt from the provisions of any applicable state laws regarding public bidding procedures for purposes of entering into contracts pursuant to this section.

(3) The attorney general, after reviewing the nonprofit hospital conversion transaction, may submit a claim to the board of examiners for reimbursement of his reasonable costs and expenses incurred in reviewing the transaction. Upon submission of a claim from the attorney general, the board of examiners may authorize the issuance of deficiency warrants for the purpose of reimbursing the attorney general reasonable and actual costs, but not attorney's fees, associated with actions taken pursuant to this chapter. Deficiency warrants authorized by the board of examiners under this section shall not exceed one hundred thousand dollars ($100,000) for reimbursement of all claims as a result of the attorney general's review of a transaction under this chapter. Upon authorization of deficiency warrants by the board of examiners in accordance with the provisions of this section, the state controller shall, after notice to the state treasurer, draw deficiency warrants in the authorized amounts against the general account.

History:

[48-1508, added 2000, ch. 314, sec. 1, p. 1057.]
Idaho Code § 48-705 — Idaho Code / Title 48 / Chapter 7 / Section 48-705
48-705 NOTICE OF RIGHT OF DETENTION.
Status: in_force

48-705. Notice of right of detention. No merchant shall be entitled to immunity from liability provided for in this act unless there is displayed in a conspicuous place on his premises a notice not less than thirteen (13) inches wide and twenty-one (21) inches long, clearly legible and in substantially the following form:

ANY MERCHANT OR HIS AGENT WHO HAS REASON TO BELIEVE THAT MERCHANDISE HAS BEEN REMOVED OR CONCEALED BY A PERSON IN VIOLATION OF THIS ACT MAY DETAIN SUCH PERSON FOR THE PURPOSE OF RECOVERING THE PROPERTY OR NOTIFYING A PEACE OFFICER. A PERSON OR THE PARENTS OR LEGAL GUARDIAN OF A MINOR WHO KNOWINGLY REMOVES MERCHANDISE WITHOUT PAYING THEREFOR, OR CONCEALS MERCHANDISE TO AVOID PAYING THEREFOR, IS CIVILLY LIABLE FOR ITS VALUE, AND ADDITIONAL DAMAGES.

History:

[48-705, added 1974, ch. 245, sec. 1, p. 1620.]
Idaho Code § 48-1706 — Idaho Code / Title 48 / Chapter 17 / Section 48-1706
48-1706 PRIVATE CAUSE OF ACTION, REMEDIES AND DAMAGES — LIMITATION OF ACTION.
Status: in_force

48-1706. private cause of action, remedies and damages — limitation of action. (1) A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated under chapter 6, title 48, Idaho Code, may bring an action in district court. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this subsection:

(a) Equitable relief;

(b) Damages;

(c) Costs and fees, including reasonable attorney's fees; and

(d) Exemplary damages in an amount equal to fifty thousand dollars ($50,000) or three (3) times the total of damages, costs and fees, whichever is greater.

(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 any other statute.

(3) No private action may be brought under the provisions of this chapter more than three (3) years after the cause of action accrues. 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. Each bad faith assertion of patent infringement constitutes a separate violation under this chapter.

History:

[48-1706, added 2014, ch. 277, sec. 1, p. 701.]
Idaho Code § 48-1406 — Idaho Code / Title 48 / Chapter 14 / Section 48-1406
48-1406 MANUFACTURER'S DUTY TO PROVIDE REIMBURSEMENT FOR TEMPORARY REPLACEMENT OF ASSISTIVE DEVICES AND PENALTIES.
Status: in_force

48-1406. Manufacturer's duty to provide reimbursement for temporary replacement of assistive devices and penalties. (1) Whenever an assistive device covered by manufacturer's express warranty is tendered by a consumer to a dealer from whom it was purchased or exchanged for the repair of a defect, malfunction or nonconformity to which the warranty is applicable and at least one (1) of the following conditions exists, the manufacturer shall provide directly to the consumer for the duration of the repair period, a replacement assistive device or a rental assistive device reimbursement to pay for the cost incurred by the consumer for renting a replacement assistive device. The applicable conditions are as follows:

(a) The repair period exceeds ten (10) working days, including the day on which the device is tendered to the dealer for repair; or

(b) The defect, malfunction or nonconformity is the same for which the assistive device has been tendered to the dealer for repair on at least two (2) previous occasions.

(2) This section applies for the period of the manufacturer's express warranty.

History:

[48-1406, added 1997, ch. 276, sec. 1, p. 822.]
Idaho Code § 48-616 — Idaho Code / Title 48 / Chapter 6 / Section 48-616
48-616 FORFEITURE OF CORPORATE FRANCHISE.
Status: in_force

48-616. Forfeiture of corporate franchise. Upon petition by the attorney general, the district court of the county in which the principal place of business of the corporation is located may, in its discretion, order the dissolution or suspension or forfeiture of franchise of any corporation which violates the terms of any injunction issued under section 48-606, Idaho Code.

History:

[48-616, added 1971, ch. 181, sec. 17, p. 847; am. 1993, ch. 102, sec. 7, p. 261.]
Idaho Code § 48-1808 — Idaho Code / Title 48 / Chapter 18 / Section 48-1808
48-1808 GOOD FAITH ESTIMATE ALLOWED.
Status: in_force

48-1808. Good faith estimate allowed. A solar retailer that does not, at the time of providing a disclosure statement required in section 48-1804(1), Idaho Code, have information required under sections 48-1805(2)(a) and (b) and 48-1806(2),(3), and (4), Idaho Code, may make a good faith estimate of that information in the disclosure statement if the solar retailer clearly indicates that the information is an estimate and provides the basis for the estimate.

History:

[48-1808, added 2019, ch. 267, sec. 1, p. 785.]
Idaho Code § 48-901 — Idaho Code / Title 48 / Chapter 9 / Section 48-901
48-901 DEFINITIONS.
Status: in_force

48-901. Definitions. For purposes of this chapter, the following terms have the following meanings:

(1) "Consumer" means the purchaser or lessee, other than for purposes of resale or sublease, of a new motor vehicle used for personal business use, personal, family or household purposes, or a person to whom the new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle.

(2) "Early termination costs" means expenses and obligations incurred by a motor vehicle lessor as a result of an early termination of a written lease agreement and surrender of a motor vehicle to a manufacturer under section 48-904, Idaho Code, including penalties for prepayment of finance arrangements.

(3) "Informal dispute settlement mechanism" means an arbitration process or procedure by which the manufacturer attempts to resolve disputes with consumers regarding motor vehicle nonconformities and repairs that arise during the vehicle's warranty period.

(4) "Lease" means a contract in the form of a lease or bailment for the use of personal property by a natural person for a period of time exceeding four (4) months, used for personal business use, personal, family, or household purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease.

(5) "Manufacturer" means a person engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least ten (10) new motor vehicles.

(6) "Manufacturer's express warranty" and "warranty" mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty.

(7) "Motor vehicle" means a motor vehicle as defined in chapter 1, title 49, Idaho Code, which is sold or licensed in this state but does not include:

(a) Motorcycle or farm tractor as defined in sections 49-107 and 49-114, Idaho Code; or

(b) Trailer as defined in section 49-121, Idaho Code; or

(c) Any motor vehicle with a gross laden weight over twelve thousand (12,000) pounds.

(8) "Motor vehicle lessor" means a person who holds title to a motor vehicle leased to a lessee under a written lease agreement or who holds the lessor's rights under such agreement.

History:

[48-901, added 1998, ch. 333, sec. 2, p. 1070.]
Idaho Code § 48-114 — Idaho Code / Title 48 / Chapter 1 / Section 48-114
48-114 AWARDS TO THE ATTORNEY GENERAL — USE OF MONEYS.
Status: in_force

48-114. Awards to the attorney general — Use of moneys. All costs and fees recovered by the attorney general under the terms of this chapter shall be remitted to the consumer protection account. Such costs and fees deposited into the consumer protection account under this chapter shall be treated as interaccount receipts and may be expended pursuant to interaccount appropriation and shall be used for the furtherance of the attorney general's duties and activities under this chapter. All penalties recovered under section 48-108(1)(d), 48-110 or 48-111, Idaho Code, or actual damages or restitution recovered under section 48-108(1)(c), Idaho Code, shall be remitted to the general fund.

History:

[48-114, added 2000, ch. 148, sec. 3, p. 383.]
Idaho Code § 48-1009 — Idaho Code / Title 48 / Chapter 10 / Section 48-1009
48-1009 CONSUMER NOTIFICATION — RULE MAKING BY THE IDAHO PUBLIC UTILITIES COMMISSION.
Status: in_force

48-1009. Consumer notification — Rule making by the Idaho public utilities commission. (1) Telephone corporations providing basic local exchange service, as defined in section 62-603, Idaho Code, shall inform customers of the provisions of this chapter. Publication of such notification in an annual insert in a billing statement mailed to customers or by conspicuous publication in the consumer information pages of local telephone directories shall relieve telephone corporations of any and all liability under this chapter to purchasers or others claiming to have suffered harm from telephone solicitors or by operation of the provisions of this chapter.

(2) The public utilities commission shall by rule prescribe the form of such notice.

History:

[48-1009, added 1992, ch. 27, sec. 1, p. 88.]
Idaho Code § 48-912 — Idaho Code / Title 48 / Chapter 9 / Section 48-912
48-912 DISCLOSURE REQUIREMENT.
Status: in_force

48-912. Disclosure requirement. In addition to any investigative powers authorized by law, the attorney general may inspect the records of the informal dispute settlement mechanism upon reasonable notice, during regular business hours, and may make available to the public information about the operation of the mechanism, but data on an individual case may not be disclosed without the prior consent of the affected parties.

History:

[48-912, added 1998, ch. 333, sec. 2, p. 1077.]
Idaho Code § 48-1510 — Idaho Code / Title 48 / Chapter 15 / Section 48-1510
48-1510 PENALTIES — REMEDIES.
Status: in_force

48-1510. Penalties — Remedies. (1) In his discretion, the attorney general may apply to the district court for an order voiding any nonprofit hospital conversion transaction entered into in violation of the notice and disclosure requirements of section 48-1503(1), Idaho Code. Each member of the governing boards and the chief executive officers of the parties to the nonprofit hospital conversion transaction may be subject to a civil penalty of up to ten thousand dollars ($10,000) for knowingly failing to notify the attorney general of the nonprofit hospital conversion transaction, or for violating the provisions of section 48-1511, Idaho Code, as applicable. The amount of any civil penalty shall be determined by the district court in the county in which the nonprofit hospital's assets to be transferred are located. No such penalty may be imposed under this section merely because the attorney general files suit under section 48-1504, Idaho Code, or because the district court enters an order that the nonprofit hospital conversion transaction at issue is not in the charitable trust interest. The attorney general shall institute proceedings to impose such a penalty.

(2) Nothing in this chapter shall be construed to limit the common law authority of the attorney general regarding charitable trusts and charitable assets in this state. The provisions of this chapter are in addition to, and not a replacement for, any other actions which the attorney general may take under either the common law or statutory law, including rescinding the nonprofit hospital conversion transaction, granting injunctive relief or any combination of these and other remedies available under common law or statutory law.

History:

[48-1510, added 2000, ch. 314, sec. 1, p. 1058.]
Idaho Code § 48-902 — Idaho Code / Title 48 / Chapter 9 / Section 48-902
48-902 MANUFACTURER'S DUTY TO REPAIR — SERVICE AND REPAIR FACILITIES.
Status: in_force

48-902. Manufacturer's duty to repair — Service and repair facilities. (1) If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the applicable express warranties or during the period of two (2) years following the date of original delivery of the new motor vehicle to a consumer, or during the period ending with the date on which the mileage on the motor vehicle reaches twenty-four thousand (24,000) miles, whichever is the earliest date, the manufacturer, its agent, or its authorized dealer shall make the repairs necessary to conform the vehicle to the applicable express warranties, notwithstanding the fact that the repairs are made after the expiration of the warranty term or the two (2) year period.

(2) Every manufacturer of motor vehicles sold and for which the manufacturer has made an express warranty shall maintain sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties or designate and authorize as service and repair facilities independent repair or service facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties. As a means of complying with the provisions of this subsection, a manufacturer may, in a town or city where there is not a franchise market representative, enter into warranty service contracts with independent service and repair facilities.

History:

[48-902, added 1998, ch. 333, sec. 2, p. 1071; am. 1999, ch. 333, sec. 1, p. 906.]
Idaho Code § 48-1703 — Idaho Code / Title 48 / Chapter 17 / Section 48-1703
48-1703 BAD FAITH ASSERTIONS OF PATENT INFRINGEMENT.
Status: in_force

48-1703. bad faith assertions of patent infringement. (1) It is unlawful for a person to make a bad faith assertion of patent infringement in a demand letter, a complaint or any other communication.

(2) A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement:

(a) The person sends a demand letter to a target without first conducting an analysis comparing the claims in the patent to the target's products, services or technology.

(b) The demand letter does not contain the following information:

(i) The patent number;

(ii) The name and address of the patent owner or owners and assignee or assignees, if any; and

(iii) The factual allegations concerning the specific areas in which the target's products, services and technology infringe the patent or are covered by the claims in the patent.

(c) The demand letter does not identify specific areas in which the products, services and technology are covered by the claims in the patent.

(d) The demand letter demands payment of a license fee or response within an unreasonably short period of time.

(e) The person offers to license the patent for an amount that is not reasonably based on the value of a license to the patent.

(f) The person asserting a claim or allegation of patent infringement acts in subjective bad faith, or a reasonable actor in the person's position would know or reasonably should know that such assertion is meritless.

(g) The claim or assertion of patent infringement is deceptive.

(h) The person or its subsidiaries or affiliates have previously filed or threatened to file one (1) or more lawsuits alleging patent infringement based on the same or similar claim, the person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless.

(i) Any other factor the court finds relevant.

(3) A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:

(a) The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy.

(b) The person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent.

(c) The person has:

(i) Demonstrated good faith in previous efforts to enforce the patent, or a substantially similar patent; or

(ii) Successfully enforced the patent, or a substantially similar patent, through litigation.

(d) Any other factor the court finds relevant.

(4) 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:

[48-1703, added 2014, ch. 277, sec. 1, p. 700.]
Idaho Code § 48-113 — Idaho Code / Title 48 / Chapter 1 / Section 48-113
48-113 PRIVATE CAUSES OF ACTION.
Status: in_force

48-113. Private causes of action. (1) Any person injured directly or threatened with direct injury by reason of anything prohibited by this chapter, may bring an action for injunctive relief, damages, and, as determined by the court, reasonable costs and attorney's fees. The court shall exclude from the amount of monetary relief awarded to a plaintiff under this section any amount which duplicates amounts allocable to any other actual or potential plaintiff including, without limitation, potential claims by the attorney general on behalf of indirect purchasers for the same conduct or injury.

(2) If the district 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, it shall increase the recovery to an amount not in excess of three (3) times the damages sustained.

History:

[48-113, added 2000, ch. 148, sec. 3, p. 383.]
Idaho Code § 48-1801 — Idaho Code / Title 48 / Chapter 18 / Section 48-1801
48-1801 SHORT TITLE.
Status: in_force

48-1801. short title. This chapter shall be known and may be cited as the "Residential Solar Energy System Disclosure Act."

History:

[48-1801, added 2019, ch. 267, sec. 1, p. 781.]
Idaho Code § 48-617 — Idaho Code / Title 48 / Chapter 6 / Section 48-617
48-617 LOCAL LAW ENFORCEMENT OFFICIALS — DUTIES.
Status: in_force

48-617. Local law enforcement officials — Duties. It shall be the duty of local law enforcement officials to provide the attorney general such assistance as the attorney general may request in the investigation, commencement and prosecution of actions pursuant to this chapter.

History:

[48-617, added 1971, ch. 181, sec. 18, p. 847; am. 1990, ch. 273, sec. 11, p. 774.]
Idaho Code § 48-1704 — Idaho Code / Title 48 / Chapter 17 / Section 48-1704
48-1704 PERSONAL JURISDICTION.
Status: in_force

48-1704. personal jurisdiction. Any person outside this state sending a demand letter to an Idaho person shall be deemed to be transacting business within this state within the meaning of section 5-514(a), Idaho Code, and shall thereby be subject to the jurisdiction of the courts of this state.

History:

[48-1704, added 2014, ch. 277, sec. 1, p. 701.]
Idaho Code § 48-105 — Idaho Code / Title 48 / Chapter 1 / Section 48-105
48-105 MONOPOLIES.
Status: in_force

48-105. Monopolies. It is unlawful to monopolize, attempt to monopolize, or combine or conspire to monopolize any line of Idaho commerce.

History:

[48-105, added 2000, ch. 148, sec. 3, p. 378.]
Idaho Code § 48-507 — Idaho Code / Title 48 / Chapter 5 / Section 48-507
48-507 ASSIGNMENTS, AMENDMENTS, CHANGES OF NAME AND OTHER INSTRUMENTS.
Status: in_force

48-507. Assignments, amendments, changes of name and other instruments. (1) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be filed with the secretary of state on a form provided by the secretary of state, upon the payment of the fee provided in section 48-517, Idaho Code, payable to the secretary of state who, upon filing of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this act shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is filed with the secretary of state within three (3) months after the date thereof or prior to such subsequent purchase.

(2) Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may file an application for amendment with the secretary of state upon the payment of the filing fee. The secretary of state may issue to the owner a certificate of amendment of registration for the remainder of the term of the registration or last renewal thereof.

(3) Other instruments which relate to a mark registered or application pending pursuant to this act, such as, by way of example, licenses, security interests or mortgages, may be filed in the discretion of the secretary of state pursuant to rule, provided that such instrument is in writing and duly executed.

(4) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when filed by the secretary of state, the record shall be prima facie evidence of execution.

(5) A photocopy of any instrument referred to in subsection (1), (2), or (3) of this section, shall be accepted for filing.

History:

[48-507, added 1996, ch. 404, sec. 2, p. 1341.]
Idaho Code § 48-2002 — Idaho Code / Title 48 / Chapter 20 / Section 48-2002
48-2002 DEFINITIONS.
Status: in_force

48-2002. Definitions. As used in this chapter:

(1) "County recorder" means a county's clerk of the district court, elected or appointed pursuant to article V of the constitution of the state of Idaho, who serves as ex officio recorder under article XVIII of the constitution of the state of Idaho or any other individual officially designated to serve in said capacity.

(2) "Person" means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, 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.

(3) "Record" or "recording" means placement of a document or instrument in the official county public land records.

(4) "Residential real property" means real property located in this state that is used primarily for personal, family, or household purposes and is improved by one (1) to four (4) dwelling units.

(5) "Service agreement" means a contract under which a person agrees to provide services in connection with the maintenance of or purchase or sale of residential real property.

(6) "Service provider" means an individual or entity that provides services to a person.

History:

[48-2002, added 2023, ch. 242, sec. 1, p. 741.]
Idaho Code § 48-1201 — Idaho Code / Title 48 / Chapter 12 / Section 48-1201
48-1201 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

48-1201. Legislative findings and intent. (1) The incidents of deceptive collection of funds in the name of charities are increasing in Idaho. Many generous Idahoans and legitimate charities suffer financial losses because of misrepresentations and failures to disclose material facts by those who falsely claim to represent a charitable organization or purpose.

(2) It is the intent of the legislature to safeguard the public against deceit and financial hardship, to ensure, foster, and encourage truthful solicitation and prohibit representations that have the capacity, tendency, or effect of misleading a contributor or harming the reputation of charitable organizations that do not make such representations. 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 Charitable Solicitation Act."

History:

[48-1201, added 1993, ch. 246, sec. 1, p. 857.]
Idaho Code § 48-2101 — Idaho Code / Title 48 / Chapter 21 / Section 48-2101
48-2101 SHORT TITLE.
Status: in_force

48-2101. short title. This chapter shall be known and may be cited as the "Stop Harms from Addictive Social Media Act."

History:

[48-2101, added 2026, ch. 268, sec. 1, p. 1128.]
Idaho Code § 48-1909 — Idaho Code / Title 48 / Chapter 19 / Section 48-1909
48-1909 VOLUNTARY COMPLIANCE — CONSENT JUDGMENT — DISTRICT COURT APPROVAL.
Status: in_force

48-1909. VOLUNTARY COMPLIANCE — CONSENT JUDGMENT — DISTRICT COURT APPROVAL. (1) In lieu of initiating or continuing an investigation or action or proceeding under this chapter, the attorney general may accept an assurance of voluntary compliance or consent judgment from a person who the attorney general has reason to believe violated or is violating the provisions of section 48-1906 or 48-1907, Idaho Code.

(2) Such assurance of voluntary compliance or consent decree shall comply with the provisions of section 48-610, Idaho Code, for assurances of voluntary compliance and section 48-606(4), Idaho Code, for consent judgments and have the same effect as set forth in those provisions with the addition that such assurances of voluntary compliance and consent judgments may also include provisions that require the person signing the document to report to the attorney general concerning the charitable assets or charitable organization or to perform specific acts relating to the charitable organization.

(3) Matters closed pursuant to this section may at any time be reopened by the attorney general for further proceedings in the public interest pursuant to the procedures set forth in section 48-1910, Idaho Code.

History:

[48-1909, added 2020, ch. 321, sec. 1, p. 924.]
Idaho Code § 48-905 — Idaho Code / Title 48 / Chapter 9 / Section 48-905
48-905 RESALE OR RE-LEASE OF RETURNED MOTOR VEHICLE.
Status: in_force

48-905. Resale or re-lease of returned motor vehicle. (1) If a motor vehicle has been returned under the provisions of section 48-903, Idaho Code, or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold or re-leased in this state unless:

(a) The manufacturer provides the same express warranty it provided to the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale, whichever is earlier; and

(b) The manufacturer provides the consumer with a written statement on a separate piece of paper, in 10-point all capital type, in substantially the following form: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY IDAHO LAW."

The provisions of this chapter apply to the resold or re-leased motor vehicle for full term of the warranty required under this section. If a manufacturer has a program similar to the requirements of this subsection and that program provides, at a minimum, substantially the same protections for subsequent consumers, then the manufacturer shall be considered to be in compliance with this subsection.

(2) Notwithstanding the provisions of subsection (1) of this section, if a new motor vehicle has been returned under the provisions of section 48-903, Idaho Code, or a similar statute of another state because of a nonconformity resulting in a complete failure of the braking or steering system of the motor vehicle likely to cause death or serious bodily injury if the vehicle was driven and the failure has not been repaired by the manufacturer, its agent or its authorized dealer, the motor vehicle may not be resold in this state.

History:

[48-905, added 1998, ch. 333, sec. 2, p. 1074.]
Idaho Code § 48-512 — Idaho Code / Title 48 / Chapter 5 / Section 48-512
48-512 INFRINGEMENT.
Status: in_force

48-512. Infringement. Subject to the provisions of section 48-516, Idaho Code, any person who shall:

(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this act in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or

(2) Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services, shall be liable in a civil action by the registrant for any and all of the remedies provided in section 48-514, Idaho Code, except that under this subsection the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.

History:

[48-512, added 1996, ch. 404, sec. 2, p. 1343.]
Idaho Code § 48-516 — Idaho Code / Title 48 / Chapter 5 / Section 48-516
48-516 COMMON LAW RIGHTS.
Status: in_force

48-516. Common law rights. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

History:

[48-516, added 1996, ch. 404, sec. 2, p. 1344.]
Idaho Code § 48-1106 — Idaho Code / Title 48 / Chapter 11 / Section 48-1106
48-1106 AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT.
Status: in_force

48-1106. Authority of the attorney general and district court. The attorney general and 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.

History:

[48-1106, added 1992, ch. 29, sec. 1, p. 92.]
Idaho Code § 48-1807 — Idaho Code / Title 48 / Chapter 18 / Section 48-1807
48-1807 CONTENTS OF DISCLOSURE STATEMENT FOR SYSTEM LEASE AGREEMENT.
Status: in_force

48-1807. Contents of disclosure statement for system lease agreement. If a solar retailer is proposing to enter a system lease 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 lease an energy generation system. You will lease (not own) the system installed on your property. You will not be entitled to any federal tax credit associated with the lease.";

(2) Information about whether the system lease agreement may be transferred to a purchaser of the home or real property where the system is located and, if so, any conditions for a transfer;

(3) If the solar retailer will not obtain insurance against damage or loss to the system, a statement to that effect and a description of the consequences to the consumer if there is damage or loss to the system; and

(4) Information about what will happen to the system at the end of the term of the system lease agreement.

History:

[48-1807, added 2019, ch. 267, sec. 1, p. 785.]
Idaho Code § 48-201 — Idaho Code / Title 48 / Chapter 2 / Section 48-201
48-201 DEFINITIONS.
Status: in_force

48-201. Definitions. The following terms for the purposes of this act are hereby defined as follows:

(a) "Person" means the plural as well as the singular and shall include an individual, partnership, association, a joint stock company, business trust and an incorporated as well as an unincorporated organization.

(b) The term "price" as used herein shall mean the net price to the buyer after deduction of all discounts, rebates or other price concessions paid or allowed by the seller.

(c) The term "commerce" means trade or commerce within this state.

History:

[48-201, added 1937, ch. 229, sec. 1, p. 406.]
Idaho Code § 48-1802 — Idaho Code / Title 48 / Chapter 18 / Section 48-1802
48-1802 DEFINITIONS.
Status: in_force

48-1802. definitions. As used in this chapter:

(1) "Consumer" means a person who, for primarily personal, family, or household purposes:

(a) Purchases a residential solar energy system under a solar agreement; or

(b) Leases a residential solar energy system under a system lease agreement.

(2) "Residential solar energy system" means a solar energy system that:

(a) Is installed on or in real property in the state of Idaho;

(b) Generates electricity primarily for on-site consumption for primarily personal, family, or household purposes; and

(c) Has an electricity delivery capacity that exceeds one (1) kilowatt.

(3) "Solar agreement" means a system purchase agreement or a system lease agreement.

(4) "Solar energy system" means a system or configuration of energy devices that collects and uses solar energy to generate electricity to be used by a consumer.

(5) "Solar retailer" means a person who:

(a) Sells or proposes to sell a residential solar energy system to a consumer under a system purchase agreement; or

(b) Owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement.

(6) "System lease agreement" means an agreement:

(a) Under which a consumer leases a residential solar energy system from a solar retailer; and

(b) That provides for the consumer to make payments over a term for the lease of the residential solar energy system.

(7) "System purchase agreement" means an agreement under which a consumer purchases a residential solar energy system, or the energy created from a residential solar energy system, from a solar retailer either outright or through installment payments.

History:

[48-1802, added 2019, ch. 267, sec. 1, p. 781.]
Idaho Code § 48-306 — Idaho Code / Title 48 / Chapter 3 / Section 48-306
48-306 EXTRAORDINARY COLLECTION AFTER UNTIMELY NOTICE — LIMITATION.
Status: in_force

48-306. extraordinary collection after untimely notice — limitation. If a party is unable to engage in an extraordinary collection action because the health care provider or health care facility failed to meet the timing requirements of section 48-304(1)(a) or (b), Idaho Code, but complies with such timing requirements within either an additional forty-five (45) days for failure to meet the timing requirements of section 48-304(1)(a), Idaho Code, or an additional one hundred eighty (180) days for failure to meet the timing requirements of section 48-304(1)(b), Idaho Code, then as long as all other requirements of section 48-304, Idaho Code, have been satisfied, such party may commence an extraordinary collection action. Notwithstanding any provision of law or agreement to the contrary, in any such collection action, the patient shall have no liability for costs, expenses, and fees, including attorney's fees.

History:

[48-306, added 2020, ch. 139, sec. 1, p. 429; am. 2022, ch. 263, sec. 4, p. 848.]
Idaho Code § 48-701 — Idaho Code / Title 48 / Chapter 7 / Section 48-701
48-701 LIABILITY FOR REMOVING OR CONCEALING MERCHANDISE — RETAIL THEFT.
Status: in_force

48-701. Liability for removing or concealing merchandise — Retail theft. Any person who knowingly removes merchandise from a merchant's premises without paying therefor, or knowingly conceals merchandise to avoid paying therefor, or knowingly commits retail theft, shall be civilly liable to the merchant for the retail value of the merchandise, plus damages of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), costs of suit and reasonable attorneys' fees.

History:

[48-701, added 1974, ch. 245, sec. 1, p. 1620; am. 1980, ch. 243, sec. 1, p. 563.]
Idaho Code § 48-511 — Idaho Code / Title 48 / Chapter 5 / Section 48-511
48-511 FRAUDULENT REGISTRATION.
Status: in_force

48-511. Fraudulent registration. Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state under the provisions of this chapter, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.

History:

[48-511, added 1996, ch. 404, sec. 2, p. 1343.]
Idaho Code § 48-107 — Idaho Code / Title 48 / Chapter 1 / Section 48-107
48-107 EXEMPT ACTIVITIES.
Status: in_force

48-107. Exempt activities. (1) No provision of this chapter shall be construed to prohibit:

(a) Activities that are exempt from the operation of the federal antitrust laws.

(b) Activities required or affirmatively approved by any statute of this state or of the United States or by a regulatory agency of this state or of the United States duly acting under any constitutional or statutory authority vesting the agency with such power.

(c) Activities of a municipality or its officers or employees acting in an official capacity, to the extent that those activities are authorized or directed by state law.

(d) The existence of, or membership in, organizations instituted for the purpose of mutual help and not having capital stock or conducted for profit; nor shall the provisions of this act forbid or restrain individual members of such organizations from lawfully carrying out legitimate objectives of the organization.

(e) Activities of any labor organization, individual members of the labor organization, or group of labor organizations, of any employer or group of employers, or of any groups of employees, if these activities are directed predominantly to labor objectives which are permitted under the laws of this state or of the United States.

(2) Persons engaged in the production of agricultural products may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling and marketing the products of these persons, to the extent permitted under the laws of this state or of the United States. These associations may have marketing agencies in common and such associations and their members may make the necessary contracts and agreements to effect such purposes. However, such associations must conform to the requirements of chapter 26, title 22, Idaho Code, or alternatively satisfy the following requirements:

(a) Operate for the mutual benefit of the members thereof, as producers;

(b) Not deal in the products of nonmembers to an amount greater in value than such as are handled by it for members; and

(c) Conform to one (1) or both of the following:

(i) That no member of the association is allowed more than one (1) vote because of the amount of stock or membership capital he may own therein; or

(ii) That the association does not pay dividends on stock or membership capital in excess of eight percent (8%) per annum.

History:

[48-107, added 2000, ch. 148, sec. 3, p. 379; am. 2011, ch. 244, sec. 1, p. 656.]
Idaho Code § 48-1003C — Idaho Code / Title 48 / Chapter 10 / Section 48-1003C
48-1003C AUTOMATIC DIALING-ANNOUNCING DEVICE.
Status: in_force

48-1003C. Automatic dialing-announcing device. (1) When a person intends to utilize an automatic dialing-announcing device to send a message by using or connecting to a telephone line, the person must, at the outset of the message, disclose the following:

(a) The name of the person for whom the message is being made;

(b) The purpose of the message; and

(c) The contact information of the caller.

(2) As used in this section:

(a) "Automatic dialing-announcing device" means a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.

(b) "Caller" means a person who contacts, or attempts to contact, a subscriber in this state by using an automatic dialing-announcing device.

(c) "Subscriber" means a person who has subscribed to telephone service from a telephone company, or other persons living or residing with the subscribing person.

History:

[48-1003C, added 2007, ch. 203, sec. 1, p. 627.]
Idaho Code § 48-910 — Idaho Code / Title 48 / Chapter 9 / Section 48-910
48-910 LIMITATION ON ACTIONS.
Status: in_force

48-910. Limitation on actions. A civil action brought under this chapter must be commenced within three (3) years of the date of original delivery of the new motor vehicle to a consumer, except that if the consumer applies to an informal dispute settlement mechanism within three (3) years of the date of original delivery of the new motor vehicle to a consumer, and if the consumer is aggrieved by the decision of the informal dispute settlement mechanism, then any appeal of that decision brought under this chapter must be commenced within three (3) months after the date of the final decision by the mechanism.

History:

[48-910, added 1998, ch. 333, sec. 2, p. 1077.]