reglab/housing_qa huggingface dataset:
ID Code § 48-518 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS|Section 48-518 - TIME OF TAKING EFFECT — REPEAL OF PRIOR ACTS — INTENT OF ACT.

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 All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on the effective date of this act, provided that as to any application, suit, proceeding or appeal, and for that purpose only, pending at the time this act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.]
ID Code § 48-601 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-601 - SHORT TITLE AND PURPOSE.

48-601. SHORT TITLE AND PURPOSE. This act shall be known and may be cited as the "Idaho consumer protection act". The purpose of this act is to protect both consumers and businesses against unfair methods of competition and unfair or deceptive acts and practices in the conduct of trade or commerce, and to provide efficient and economical procedures to secure such protection. It is the intention of the legislature that this chapter be remedial and be so construed.  History: [48-601, added 1971, ch. 181, sec. 2, p. 847; am. 1990, ch. 273, sec. 1, p. 767.]
ID Code § 48-602 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-602 - DEFINITIONS.

48-602. DEFINITIONS. As used in this act: (1) "Person" means natural persons, corporations both foreign and domestic, trusts, partnerships both limited and general, incorporated or unincorporated associations, companies, trusts, business entities, and any other legal entity, or any other group associated in fact although not a legal entity or any agent, assignee, heir, employee, representative or servant thereof. (2) "Trade" and "commerce" mean the advertising, offering for sale, selling, leasing, renting, collecting debts arising out of the sale or lease of goods or services or distributing goods or services, either to or from locations within the state of Idaho, or directly or indirectly affecting the people of this state. (3) "Documentary material" means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, audio and/or visual recording, mechanical, photographic, or electronic transcription or other tangible document or recording. (4) "Examination" of documentary material shall include the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgment in respect of any such documentary material or copy thereof. (5) "Appropriate trade premises," mean premises at which either the owner or seller normally carries on a business, or where goods are normally offered or exposed for sale in the course of a business carried on at those premises. (6) "Goods" mean any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, including certificates or coupons exchangeable for such goods. (7) "Services" mean work, labor or any other act or practice provided or performed by a seller to or on behalf of a consumer. (8) "Actions or transactions permitted under laws administered by a regulatory body or officer" mean specific acts, practices or transactions authorized by a regulatory body or officer pursuant to a contract, rule or regulation, or other properly issued order, directive or resolution. (9) "Regulatory body or officer" means any person or governmental entity with authority to act pursuant to state of Idaho or federal statute.  History: [48-602, added 1971, ch. 181, sec. 3, p. 847; am. 1973, ch. 285, sec. 1, p. 601; am. 1993, ch. 102, sec. 1, p. 256.]
ID Code § 48-603A (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-603A - UNFAIR SOLICITATION PRACTICES.

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.]
ID Code § 48-603C (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-603C - UNCONSCIONABLE METHODS, ACTS OR PRACTICES.

48-603C. UNCONSCIONABLE METHODS, ACTS OR PRACTICES. (1) Any unconscionable method, act or practice in the conduct of any trade or commerce violates the provisions of this chapter whether it occurs before, during, or after the conduct of the trade or commerce. (2) In determining whether a method, act or practice is unconscionable, the following circumstances shall be taken into consideration by the court: (a) Whether the alleged violator knowingly or with reason to know, took advantage of a consumer reasonably unable to protect his interest because of physical infirmity, ignorance, illiteracy, inability to understand the language of the agreement or similar factor; (b) Whether, at the time the consumer transaction was entered into, the alleged violator knew or had reason to know that the price grossly exceeded the price at which similar goods or services were readily available in similar transactions by similar persons, although price alone is insufficient to prove an unconscionable method, act or practice; (c) Whether the alleged violator knowingly or with reason to know, induced the consumer to enter into a transaction that was excessively one-sided in favor of the alleged violator; (d) Whether the sales conduct or pattern of sales conduct would outrage or offend the public conscience, as determined by the court.  History: [48-603C, added 1990, ch. 273, sec. 3, p. 769.]
ID Code § 48-603F (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-603F - MORTGAGE LOAN MODIFICATION FEES.

48-603F. MORTGAGE LOAN MODIFICATION FEES. (1) For purposes of this section, unless the context otherwise requires: (a) "Fee" means any item of value including, but not limited to, goods or services. (b) "Loan modification activities" is defined in section 26-31-201(3), Idaho Code. (2) Charging or collecting any fee in connection with mortgage loan modification activities shall constitute a violation of the Idaho consumer protection act, unless the person charging or collecting such fees is licensed pursuant to chapter 20, title 54, Idaho Code, or licensed, exempt or excluded from licensing pursuant to part 2 or 3, chapter 31, title 26, Idaho Code.  History: [48-603F, added 2011, ch. 323, sec. 3, p. 944.]
ID Code § 48-604 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-604 - INTENT OF LEGISLATURE — ATTORNEY GENERAL TO MAKE RULES AND REGULATIONS.

48-604. INTENT OF LEGISLATURE — ATTORNEY GENERAL TO MAKE RULES AND REGULATIONS. (1) It is the intent of the legislature that in construing this act due consideration and great weight shall be given to the interpretation of the federal trade commission and the federal courts relating to section 5(a)(1) of the federal trade commission act (15 U.S.C. 45(a)(1)), as from time to time amended; and (2) The attorney general may make rules and regulations interpreting the provisions of this act. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the federal trade commission and the federal courts in interpreting the provisions of section 5(a)(1) of the federal trade commission act (15 U.S.C. 45(a)(1)), as from time to time amended. Rules and regulations shall be promulgated as provided in chapter 52, title 67, Idaho Code.  History: [48-604, added 1971, ch. 181, sec. 5, p. 847; am. 1973, ch. 285, sec. 5, p. 601.]
ID Code § 48-605 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-605 - EXCEPTIONS TO CHAPTER.

48-605. EXCEPTIONS TO CHAPTER. Nothing in this act shall apply to: (1) Actions or transactions permitted under laws administered by the state public utility commission or other regulatory body or officer acting under statutory authority of this state or the United States. (2) Acts done by publishers, broadcasters, printers, retailers, or their employees, in the publication or dissemination of an advertisement in good faith on the basis of information or material supplied by others and without knowledge or reason to know of the misleading or deceptive character of such advertisement or the information or material furnished. (3) Persons subject to chapter 13, title 41, Idaho Code (sections 41-1301 through 41-1327), defining, and providing for the determination by the director of the department of insurance of unfair methods of competition or unfair or deceptive acts or practices in the business of insurance.  History: [48-605, added 1971, ch. 181, sec. 6, p. 847.]
ID Code § 48-607 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-607 - ADDITIONAL RELIEF BY COURT AUTHORIZED.

48-607. ADDITIONAL RELIEF BY COURT AUTHORIZED. In any action brought by the attorney general, wherein the state prevails, the court shall, in addition to the relief granted pursuant to section 48-606, Idaho Code, award reasonable costs, investigative expenses and attorney’s fees to the attorney general. These costs and fees shall be remitted to the consumer protection account created in section 48-606, Idaho Code, and shall be used for the furtherance of the attorney general’s duties and activities under this chapter. In addition, the court may: (1) Make such orders or judgments as may be necessary to prevent the use or employment by a person of any method, act or practice declared to be a violation of the provisions of this chapter; (2) Make such orders or judgments as may be necessary to compensate any consumers for actual damages sustained or to provide for restitution to any consumers of money, property or other things received from such consumers in connection with a violation of the provisions of this chapter; (3) Make such orders or judgments as may be necessary to carry out a transaction in accordance with consumers’ reasonable expectations; (4) Appoint a master, receiver or escrow agent to oversee assets or order sequestration of assets whenever it shall appear that the defendant threatens or is about to remove, conceal or dispose of property to the damage of persons to whom restoration would be made under this subsection and assess the expenses of a master, receiver or escrow agent against the defendant; (5) Revoke any license or certificate authorizing that person to engage in business in this state; (6) Enjoin any person from engaging in business in this state; and/or (7) Grant other appropriate relief.  History: [48-607, added 1971, ch. 181, sec. 8, p. 847; am. 1973, ch. 285, sec. 7, p. 601; am. 1990, ch. 273, sec. 5, p. 771.]
ID Code § 48-610 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-610 - VOLUNTARY COMPLIANCE — DISTRICT COURT APPROVAL.

48-610. VOLUNTARY COMPLIANCE — DISTRICT COURT APPROVAL. (1) In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be violative of the provisions of this chapter from any person who has engaged or was about to engage in such method, act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has his principal place of business or of the district court of Ada County and shall be deemed an order of the court enforceable by contempt proceedings. (2) Such assurance of voluntary compliance shall not be considered an admission of violation for any purpose. (3) The assurance of voluntary compliance shall provide for the discontinuance by the person entering into the same of any method, act or practice alleged to be a violation of this chapter, and it may include a stipulation for the payment by such person of reasonable expenses, investigative costs and attorney’s fees incurred by the attorney general. The recovered expenses, costs and fees shall be remitted to the consumer protection account created in section 48-606, Idaho Code, and shall be used for the furtherance of the attorney general’s duties and activities under this chapter. The assurance may also include: a stipulation for payment to consumers of actual damages or for restitution of money, property, or other things received from consumers in connection with a violation of the provisions of this chapter; and a stipulation for specific performance. (4) A violation of such assurance of voluntary compliance shall prima facie establish that the person subject thereto knows, or in the exercise of due care should know, that he has in the past violated or is violating the provisions of this chapter. (5) Matters thus closed may at any time be reopened by the attorney general for further proceedings in the public interest, pursuant to section 48-606, Idaho Code.  History: [48-610, added 1971, ch. 181, sec. 11, p. 847; am. 1973, ch. 285, sec. 9, p. 601; am. 1990, ch. 273, sec. 7, p. 772.]
ID Code § 48-611 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-611 - INVESTIGATIVE DEMAND BY ATTORNEY GENERAL — REPORT REQUIRED.

48-611. INVESTIGATIVE DEMAND BY ATTORNEY GENERAL — REPORT REQUIRED. (1) When the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this act, he may execute in writing and cause to be served upon any person who is believed to have information, documentary material or physical evidence relevant to the alleged or suspected violation, an investigative demand requiring such person to furnish a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation. The return date in said investigative demand shall be not less than twenty (20) days after serving of the demand. (2) At any time before the return date specified in an investigative demand, or within twenty (20) days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the district court of the county where the person served with the demand resides or has his principal place of business or in the district court in Ada County.  History: [48-611, added 1971, ch. 181, sec. 12, p. 847; am. 1993, ch. 102, sec. 4, p. 260.]
ID Code § 48-612 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-612 - ADDITIONAL POWERS OF ATTORNEY GENERAL.

48-612. ADDITIONAL POWERS OF ATTORNEY GENERAL. To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred upon him by this chapter, may issue subpoenas to any person and conduct hearings in aid of any investigation or inquiry; provided that information obtained pursuant to the powers conferred in this chapter shall be subject to disclosure according to chapter 1, title 74, Idaho Code.  History: [48-612, added 1971, ch. 181, sec. 13, p. 847; am. 1990, ch. 213, sec. 67, p. 535; am. 1990, ch. 273, sec. 8, p. 773; am. 1991, ch. 243, sec. 2, p. 594; am. 2015, ch. 141, sec. 124, p. 473.]
ID Code § 48-613 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-613 - SERVICE OF NOTICE.

48-613. SERVICE OF NOTICE. Service of any notice, demand or subpoena under this act shall be made personally within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner: (1) Personal service thereof without this state; or (2) The mailing thereof by registered or certified mail to the last known place of business, residence or abode within or without this state or such person for whom the same is intended; or (3) As to any person other than a natural person, in the manner provided in the Idaho rules of civil procedure as if a complaint which institutes a civil proceeding had been filed.  History: [48-613, added 1971, ch. 181, sec. 14, p. 847.]
ID Code § 48-614 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-614 - FAILURE TO OBEY ATTORNEY GENERAL — APPLICATION TO DISTRICT COURT.

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.]
ID Code § 48-615 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-615 - VIOLATION OF INJUNCTION — CIVIL PENALTY.

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.]
ID Code § 48-616 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-616 - FORFEITURE OF CORPORATE FRANCHISE.

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.]
ID Code § 48-617 (2021)
2021 Idaho Code|Title 48 - MONOPOLIES AND TRADE PRACTICES|Chapter 6 - CONSUMER PROTECTION ACT|Section 48-617 - LOCAL LAW ENFORCEMENT OFFICIALS — DUTIES.

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.]