reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.511. Assurances of voluntary compliance.

In the administration of AS 45.50.471 - 45.50.561, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice considered to be violative of AS 45.50.471 - 45.50.561 from a person who has engaged or was about to engage in such an act or practice. The assurance shall be in writing and shall be filed with and is subject to the approval of the superior court in the judicial district in which the alleged violator resides or is doing business or has the principal place of business in the state. The assurance of voluntary compliance is not considered an admission of violation for any purpose. Matters closed in this way may at any time be reopened by the attorney general for further proceedings in the public interest, under AS 45.50.501.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.521. When information and evidence confidential and nonadmissible.

(a) [Repealed by § 6 ch 53 SLA 1974.]
(b) Subject to the provisions of AS 45.50.501(a), the attorney general may not make public the name of a person alleged to have committed an act or practice declared unlawful in AS 45.50.471 during an investigation conducted by the attorney general under AS 45.50.471 - 45.50.561, nor are the records of investigation or intelligence information of the attorney general obtained under AS 45.50.471 - 45.50.561 considered public records available for inspection by the general public. However, the attorney general is not prevented from issuing public statements describing or warning of a course of conduct or a conspiracy that constitutes or will constitute an unlawful act or practice, whether on a local, state, regional, or national basis.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.531. Private and class actions.

(a) A person who suffers an ascertainable loss of money or property as a result of another person's act or practice declared unlawful by AS 45.50.471 may bring a civil action to recover for each unlawful act or practice three times the actual damages or $500, whichever is greater. The court may provide other relief it considers necessary and proper. Nothing in this subsection prevents a person who brings an action under this subsection from pursuing other remedies available under other law, including common law.
(b) [Repealed, § 4 ch 31 SLA 1987.]
(c) Upon commencement of an action brought under this section the clerk of the court shall mail a copy of the complaint or other initial pleading to the attorney general and, upon entry of an order or judgment in the action, shall mail a copy of the order or judgment to the attorney general.
(d) [Repealed, § 4 ch 31 SLA 1987.]
(e) A permanent injunction or final judgment against a person against whom an action was initiated under AS 45.50.501 is prima facie evidence in an action brought under this section that the person used or employed an act or practice declared unlawful by AS 45.50.471.
(f) A person may not commence an action under this section more than two years after the person discovers or reasonably should have discovered that the loss resulted from an act or practice declared unlawful by AS 45.50.471.
(g) [Repealed, § 6 ch 96 SLA 1998.]
(h) If the basis for the action is the fault of the manufacturer or supplier of the merchandise, the manufacturer or supplier who is at fault is liable for the damages awarded against the retailer under this section.
(i) If a person receives an award of punitive damages under (a) of this section, the court shall require that 50 percent of the award be deposited into the general fund of the state under AS 09.17.020(j). This subsection does not grant the state the right to file or join a civil action to recover punitive damages.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.535. Private injunctive relief.

(a) Subject to (b) of this section and in addition to any right to bring an action under AS 45.50.531 or other law, any person who was the victim of the unlawful act, whether or not the person suffered actual damages, may bring an action to obtain an injunction prohibiting a seller or lessor from continuing to engage in an act or practice declared unlawful under AS 45.50.471.
(b) A person may not bring an action under (a) of this section unless
(1) the person first provides written notice to the seller or lessor who engaged in the unlawful act or practice that the person will seek an injunction against the seller or lessor if the seller or lessor fails to promptly stop the unlawful act or practice; and
(2) the seller or lessor fails to promptly stop the unlawful act or practice after receiving the notice.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.536. Mediation.

Notwithstanding the other provisions of AS 45.50.471 - 45.50.561, a civil action under AS 45.50.531 or 45.50.535 may be submitted to mediation under the Alaska Rules of Civil Procedure. The mediation must begin within 30 days after the court's order for mediation. During mediation, the court may, if it is determined appropriate by the court, enjoin the defendant from engaging in the act or practice that is the subject of the civil action.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.537. Attorney fees, costs, and damages.

(a) In an action brought by a private person under AS 45.50.471 - 45.50.561, a prevailing plaintiff shall be awarded costs as provided by court rule and full reasonable attorney fees at the prevailing reasonable rate.
(b) Unless the action is found to be frivolous, in an action brought by a private person under AS 45.50.471 - 45.50.561, a prevailing defendant shall be awarded attorney fees and costs as provided by court rule. If the action is found to be frivolous, the attorney fees to be awarded to the defendant shall be full reasonable attorney fees at the prevailing reasonable rate.
(c) Notwithstanding the other provisions of this section, in an action brought by a private person under AS 45.50.471 - 45.50.561, if the plaintiff is not the prevailing party and if the court finds that the action was brought by the plaintiff to obtain a competitive business advantage, the court shall award a prevailing defendant costs as provided by court rule, full reasonable attorney fees at the prevailing reasonable rate, and any damages suffered by the prevailing defendant as a result of the plaintiff's allegations.
(d) In an action brought by the attorney general under AS 45.50.471 - 45.50.561, if the attorney general prevails, the state shall be awarded its actual attorney fees and costs, including costs of investigation, to the extent those fees and costs are reasonable.
(e) In this section, “frivolous” means
(1) not reasonably based on evidence or on existing law or a reasonable extension, modification, or reversal of existing law; or
(2) brought to harass the defendant or to cause unnecessary delay or needless expense.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.541. Nonnegotiability of consumer paper.

(a) If a contract for sale or lease of consumer goods or services on credit entered into between a retail seller and a retail buyer requires or involves the execution of a promissory note or instrument or other evidence of indebtedness of the buyer, the note, instrument, or evidence of indebtedness shall have printed on its face the words “consumer paper,” and the note, instrument, or evidence of indebtedness with the words “consumer paper” printed on it is not a negotiable instrument, within the meaning of AS 45.01 - AS 45.08, AS 45.12, AS 45.14, and AS 45.29 (Uniform Commercial Code).
(b) Notwithstanding the absence of such a notice on a note, instrument, or evidence of indebtedness arising out of a consumer credit sale or consumer lease as described in this section, an assignee of the rights of the seller or lessor is subject to all claims and defenses of the buyer or lessee against the seller or lessor arising out of the sale or lease. An agreement to the contrary has no effect in limiting the rights of a consumer.
(c) The assignee's liability under this section may not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.542. Provisions not waivable.

A waiver by a consumer of the provisions of AS 45.50.471 - 45.50.561 is contrary to public policy and is unenforceable and void.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.545. Interpretation.

In interpreting AS 45.50.471 due consideration and great weight should be given the interpretations of 15 U.S.C. 45(a)(1) (§ 5(a)(1) of the Federal Trade Commission Act).
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 3. Unfair Trade Practices and Consumer Protection. › Sec. 45.50.551. Civil penalties.

(a) A person who violates the terms of an injunction or restraining order issued under AS 45.50.501 shall forfeit and pay to the state a civil penalty of not more than $50,000 for each violation. For the purposes of this section, the superior court in a judicial district issuing an injunction retains jurisdiction, and, in these cases, the attorney general acting in the name of the state may petition for recovery of the penalties.
(b) In an action brought under AS 45.50.501, if the court finds that a person is using or has used an act or practice declared unlawful by AS 45.50.471, the attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not less than $1,000 and not more than $25,000 for each violation.
(c) [Repealed by § 21 ch 166 SLA 1978.]
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.564. Monopolies and attempted monopolies unlawful.

It is unlawful for a person to monopolize, or attempt to monopolize, or combine or conspire with another person to monopolize any part of trade or commerce.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.566. Transactions and agreements not to use or deal in commodities or services unlawful.

It is unlawful for a person to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services, whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged for it, or discount from, or rebate upon, that price, on the condition, agreement, or understanding that the lessee or purchaser will not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodity or service of a competitor or competitors of the lessor or seller, if the effect of the lease, sale, or contract for sale, or of the condition, agreement, or understanding may be substantially to lessen competition or tend to create a monopoly in any line of commerce.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.568. Mergers and acquisitions unlawful when competition lessened.

(a) It is unlawful for a person to acquire and hold, directly or indirectly, the whole or a part of the stock, or other share capital, or assets of any corporation after August 5, 1975 if the effect of the acquisition and holding may be substantially to lessen competition or to tend to create a monopoly in any line of commerce in the state or in a section of the state. This subsection does not apply to persons purchasing such stock solely for investment if it is not used by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition. Nothing in this subsection prevents a corporation from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions of it, or from owning and holding all or a part of the stock of the subsidiary corporation, when the effect of the formation is not substantially to lessen competition.
(b) When the court finds that the effect of the holding of such stock, share capital, or assets is substantially to lessen competition or tends to create a monopoly and no other remedy will eliminate the lessening of competition or the tendency to create a monopoly, the court shall order the divestiture or other disposition of the stock, share capital, or assets and shall prescribe a reasonable time, manner, and degree of the divestiture or other disposition of it.
(c) This section does not apply to mergers, acquisitions, or holding companies permitted by AS 06.05.235 or to a merger carried out in accordance with AS 21.69.590 - 21.69.600, or to mergers, acquisitions, or holding companies permitted and regulated by a regulatory agency of the United States having jurisdiction and control over those mergers and acquisitions.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.570. Interlocking directorates and relationships.

(a) It is unlawful for a person to be at the same time a director, officer, partner, or trustee in any two or more firms, partnerships, trusts, associations, or corporations or any combination of them engaged in commerce, if these firms, partnerships, trusts, associations, or corporations or a combination of them, are by virtue of their business and location or operation, competitors and if the effect may be substantially to lessen competition or tend to create a monopoly.
(b) A person may not by the use of a representative accomplish the result prohibited in (a) of this section.
(c) The validity or invalidity of an act of a director, officer, or trustee done by the director, officer, or trustee while occupying the position in violation of this section shall be determined by the statutory and common law of the state relating to corporations, trusts, or associations.
(d) The attorney general may bring an action at any time to cause a director, officer, or trustee who may be occupying such a position in violation of this section to vacate the office or offices to effect the termination of the prohibited interlocking relationship.
(e) A person affected by an act of a director, officer, or trustee may bring an action at any time to cause the director, officer, or trustee who may be occupying the position in violation of this section to terminate the prohibited interlocking relationship.
(f) The court, upon finding that a director, officer, or trustee is holding office in violation of this section, shall order the person to terminate the interlocking relationship, and, in the case of a trustee, the court may, when it considers it appropriate, order the trustee to vacate the office of the trustee. A remedy provided in this section does not limit and is in addition to any other remedy available under another section of this chapter or another law.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.574. Contracts voidable.

A contract or agreement in violation of a provision of AS 45.50.562 - 45.50.596 is voidable by either party as to future performance by either party; however, the court may, in its discretion, order payment for goods or services already received to prevent unjust enrichment.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.576. Suits by persons injured; treble damages; costs.

(a) A person who is injured in business or property by a violation of AS 45.50.562 - 45.50.570, or a person so injured because the person refuses to accede to a proposal for an arrangement that, if consummated, would be a violation of AS 45.50.562 - 45.50.570, may bring a civil action
(1) for damages sustained by the person, and, if the judgment is for the plaintiff, the plaintiff shall be awarded three times the amount of damages sustained by the person, plus the costs of the suit, including reasonable attorney fees; and
(2) to enjoin the unlawful practice, and, if the judgment is for the plaintiff, the plaintiff may be awarded costs of the suit, including reasonable attorney fees.
(b) If a home rule or general law city or borough or other governmental entity is injured by reason of a violation of AS 45.50.562 - 45.50.570, it may maintain an action in the same manner as prescribed in (a) of this section for an injured person, and the city, borough, or other governmental entity is entitled to the same relief as provided in (a) of this section.
(c) In a civil action brought under AS 45.50.562 - 45.50.570, if judgment is for the defendant, the defendant shall be awarded the defendant's costs of the suit, including reasonable attorney fees in accordance with rules adopted by the supreme court for awarding costs and attorney fees to prevailing parties in civil actions. If the plaintiff in a civil action brought under this section in which judgment is for the defendant is a class certified under Rule 23, Alaska Rules of Civil Procedure, any award of costs and attorney fees to the defendant
(1) may be satisfied only through funds, if any, that the class has collected from settlements with or judgments against other defendants; and
(2) is not a liability of any individual member of the class.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.578. Criminal and civil penalties.

(a) A person who violates AS 45.50.562 or 45.50.564 is guilty of a class C felony and upon conviction is punishable,
(1) if a natural person, by a fine of not more than $1,000,000, notwithstanding AS 12.55.035, or by imprisonment as provided in AS 12.55, or by both; or
(2) if not a natural person, by a fine of not more than $50,000,000, notwithstanding AS 12.55.035.
(b) In addition to any other relief available, the attorney general may bring a civil action against a person who violates AS 45.50.562, 45.50.564, 45.50.568, or 45.50.570, or an injunction issued under AS 45.50.580, for a civil penalty of not more than
(1) $1,000,000 if the person is a natural person;
(2) $50,000,000 if the person is not a natural person.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.579. Proof of aggregate damages.

In a civil action brought by the attorney general under AS 45.50.577, the attorney general may recover aggregate damages by using statistical sampling or sampling methods, by the computation of illegal overcharges, or by a similar, reasonable system of estimating aggregate damages that the court, in its discretion, permits, without the necessity of separately proving the individual claim or amount of damage to governmental entities or persons on whose behalf the civil action was brought.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.580. Injunction by attorney general.

(a) In addition to any other relief provided by AS 45.50.562 - 45.50.596, the attorney general may bring an action to enjoin a violation of AS 45.50.562 - 45.50.596. This action may be brought as a sole action or in conjunction with another action that the attorney general is authorized to bring.
(b) The court may make additional orders or judgments as may be necessary to restore to a person in interest any money or property, real or personal, that may have been acquired by an act prohibited by AS 45.50.562 - 45.50.596, and as may be necessary to prevent continuing or future violations of AS 45.50.562 - 45.50.596.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.584. Consent judgment.

(a) In an action maintained under AS 45.50.562 - 45.50.596, the parties to it may file with the court a consent judgment or decree. The consent judgment or decree shall set out the alleged violations, future obligations of the parties, if any, damages, or other relief, the defendant agrees to make, if any, and the reasons for entering into the consent judgment or decree.
(b) A consent judgment or decree does not become final until 60 days from its filing. During the 60-day period an interested party may file verified exceptions to the form or substance of the consent judgment or decree, and the court, upon a full hearing on those exceptions, may approve or refuse to enter the consent judgment or decree.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.586. Judgment in favor of the state as evidence in another action.

A final judgment rendered in a civil or criminal action brought by the state under AS 45.50.562 - 45.50.596 is prima facie evidence against the defendant in any other action under AS 45.50.562 - 45.50.596 brought by another party, or by the state, a city, a borough, or other governmental entity; however, this section does not apply to consent judgments or decrees entered under AS 45.50.584.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.588. Limitation of actions.

An action to enforce a claim arising under AS 45.50.562 - 45.50.596 is barred unless commenced within four years after the claim accrues, except that when an action is brought by the attorney general under AS 45.50.562 - 45.50.596, the running of this period of limitation, with respect to every private right of action for damages that is based in whole or in part on a matter complained of in the action by the attorney general, shall be suspended during the pendency of the action brought by the attorney general. For the purpose of this section, a claim for a continuing violation is considered to accrue at any time during the period of the violation.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.590. Powers of the attorney general.

If the attorney general determines, upon complaint or otherwise, that a person has engaged in, or engages in, or is about to engage in an act or practice prohibited or declared unlawful by AS 45.50.562 - 45.50.596, or that a person has assisted or participated in a plan, scheme, agreement, or combination of the nature described in AS 45.50.562 - 45.50.596, or when the attorney general believes it to be in the public interest, the attorney general may commence an investigation. The attorney general may compel production of documentary material and take testimony, under oath, before the institution of an action under AS 45.50.562 - 45.50.596.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.594. Investigatory demand for attendance of witness.

(a) In connection with an investigation authorized by AS 45.50.590, the attorney general may issue an investigative demand compelling the attendance of a person for examination under oath before the attorney general or before a court of record.
(b) Each demand shall
(1) state the specific statute the alleged violation of which is under investigation, and the general subject matter of the investigation;
(2) state the date, time, and place at which the examination is to take place.
(c) A demand may be served by the attorney general, or a designee, in accordance with the procedures prescribed in AS 45.50.592(d).
(d) If a person ordered to attend the inquiry fails to attend without good cause, the person is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both. If a person in attendance at the inquiry refuses to answer a question on the ground that the person may be incriminated by the answer, and if the attorney general, or a designee, in a writing directed to the person being questioned orders the person to answer the question, the person shall comply with the order. After complying, and if but for this section the person would have been privileged to withhold the answer given, the person may not be prosecuted for an offense or subjected to a penalty or forfeiture for or on account of a transaction, matter, or thing concerning which the person gave evidence. However, the person may nevertheless be prosecuted or subjected to penalty or forfeiture for a perjury, false swearing, or contempt committed in answering or failing to answer. If a person refuses to testify after being granted immunity from prosecution and after being ordered to testify, the person may be adjudged in contempt and committed to jail until the time the person purges the contempt by testifying. A grant of immunity does not prevent the attorney general from instituting civil contempt proceedings against a person who violates any of the above provisions.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 4. Monopolies; Restraint of Trade. › Sec. 45.50.596. Definitions.

In AS 45.50.562 - 45.50.596,
(1) “asset” includes any property, tangible or intangible, real, personal, or mixed and wherever located, and any other thing of value;
(2) “documentary evidence” includes an original or copy of a book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical tabulation, magnetic tape, or other computer data storage system, or other tangible document or recording;
(3) “trade” and “commerce” include trade in goods, merchandise, natural resources, whether or not severed, extracted, harvested, or produced, agricultural products, produce, choses in action, commodities, and any other article of commerce; “trade” and “commerce” include trade or business in service trades, transportation, banking, lending, advertising, bonding, and any other business whether or not that business furnishes a personal service.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 5. Deceptive Advertising of Civil Defense Aids. › Sec. 45.50.600. Power and duty of director of civil defense.

The state director of civil defense
(1) may adopt regulations under AS 44.62 (Administrative Procedure Act) defining fair standards in the advertising and sale of civil defense aids; and
(2) shall prohibit unfair or deceptive practices.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 5. Deceptive Advertising of Civil Defense Aids. › Sec. 45.50.601. Content of regulations.

Regulations adopted by the state director of civil defense must prohibit the following practices:
(1) exaggerated or misleading claims of protection afforded by shelters;
(2) the use of misleading pictures;
(3) the use of deceptive pricing practices;
(4) the use of guarantees in such a manner as to constitute a misrepresentation;
(5) representations of endorsement by a governmental agency; and
(6) any unfair or deceptive practice.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 5. Deceptive Advertising of Civil Defense Aids. › Sec. 45.50.604. Criminal and civil penalties.

A person who violates a provision of AS 45.50.600 - 45.50.606 or a regulation adopted by the state director of civil defense under AS 45.50.600 - 45.50.606 is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or, in the alternative, is subject to a civil penalty not more than $5,000.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 5. Deceptive Advertising of Civil Defense Aids. › Sec. 45.50.606. Definition of “civil defense aid”.

In AS 45.50.600 - 45.50.606 “civil defense aid” means a product, service, structure, or improvement intended for use by civilians as a protection against a result of an attack by a foreign power on the United States and includes but is not limited to a protective shelter or improvement.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 6. Alaska Gasoline Products Leasing Act. › Sec. 45.50.800. Disclosures to be made by distributors and refiners before conclusion of agreement.

Before entry into a lease agreement, a refiner or distributor shall disclose to the dealer facts that would reasonably be considered material to the dealer's decision to enter into the lease. These facts must include, but not be limited to,
(1) ownership of property of the retail outlet;
(2) if the real property is not owned by a refiner or distributor, then the nature of the relationship between the real property owner and the refiner or distributor and the length of the underlying lease, if applicable;
(3) the last known addresses of dealers operating the retail outlet for the last five years;
(4) the gasoline gallonage history, if any, of the station for the last five years;
(5) any sales goals or quotas the refiners or distributors intend to apply to the station;
(6) the nearest gasoline outlet owned, controlled, or operated by the refiner or distributor and any plans the distributor or refiner has to open new retail outlets within the trade area of the retail outlet; and
(7) any plans the refiner or distributor has for the future of the subject retail outlet.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 6. Alaska Gasoline Products Leasing Act. › Sec. 45.50.820. Obligation of distributor to repurchase upon termination, etc., of agreement.

If the refiner or distributor terminates, cancels, or fails to renew under AS 45.50.810(c)(1), (2), or (3) or for any good cause other than under AS 45.50.810(c)(4), the refiner or distributor shall compensate the dealer for the fair market value of the business, excluding goodwill. Refiners or distributors terminating, canceling, or failing to renew under AS 45.50.810(c)(4) shall compensate the dealer for the fair market value of the business, including good will. Valuation other than good will shall include the fair market value of the dealer's inventory supplies, equipment, and furnishings purchased from the refiner or distributor exclusive of personalized materials that do not have a value to the refiner or distributor and inventory supplies, equipment, and furnishings not reasonably required in the conduct of the business. Compensation shall be made within 60 days from the date of termination unless it is necessary that a lawsuit be filed under AS 45.50.830. The refiner or distributor may offset against accounts owed by the dealer under this section any amount owed by the dealer to the refiner or distributor.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 6. Alaska Gasoline Products Leasing Act. › Sec. 45.50.825. Right of first refusal of surviving spouse.

Unless provided otherwise by the lease, upon the death of the lessee the lease shall terminate and the surviving spouse shall have the right of first refusal of the new lease if the surviving spouse has been an active participant in the business and is qualified.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 6. Alaska Gasoline Products Leasing Act. › Sec. 45.50.830. Court to determine fair market value when parties cannot agree.

If under AS 45.50.820 the distributor or refiner has good cause and the distributor or refiner and the dealer cannot agree on the fair market value of the business, then either party may initiate an action in the superior court where the retail outlet exists. Reasonable attorney fees and the appraiser fees shall be awarded to the dealer if the amount awarded to the dealer by the jury or the court is 10 percent higher than the final offer, if any, made by the refiner or distributor before the filing of the lawsuit. If the amount awarded to the dealer by the jury or the court is 10 percent lower than the final offer, if any, made by the refiner or distributor before the filing of the lawsuit, reasonable attorney fees and the appraiser fees shall be awarded to the refiner or distributor.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 6. Alaska Gasoline Products Leasing Act. › Sec. 45.50.840. Definitions.

In AS 45.50.800 - 45.50.830, unless the context otherwise requires,
(1) “dealer” means a person primarily engaged in the sale of gasoline to the motoring public through a retail outlet leased from the refiner or distributor or its agent by the person and operated by the person;
(2) “distributor” means any person or corporation other than a refiner engaged in the sale, assignment, or distribution of gasoline to four or more dealer-operated retail outlets;
(3) “gasoline” means all products commonly or commercially known or sold as gasoline;
(4) “lease” means an oral or written contract or agreement or series of agreements, either express or implied, in which the dealer is required directly or indirectly to purchase 50 percent or more of the dealer's supply of gasoline from a distributor or refiner and in which the dealer is granted authority to occupy premises owned, leased, or in any way controlled, directly or indirectly, by the refiner or distributor;
(5) “refiner” means a company, corporation, or individual who owns or controls, or controls through a substantially owned subsidiary, partnership, or joint venture, a refinery used for the production of gasoline, diesel, or other motor vehicle fuels.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 7. Sound Recordings. › Sec. 45.50.900. Reproduction and sale of sound recordings without consent.

(a) A person who (1) reproduces for sale, sells, offers for sale, or knowingly advertises for sale any sound recording that has been reproduced without the written consent of the owner or (2) advertises, offers for sale or resale, or sells or resells a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, without clearly and conspicuously disclosing on the outside cover, box, or jacket the actual name and full address of the manufacturer and the name of the actual performer or group, is guilty of a misdemeanor and, upon conviction, is punishable by confiscation of the unlawful stock of the reproduced recording and by imprisonment for a period of not more than one year, or by a fine of not more than $1,000, or by both. In this subsection “owner” means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other articles upon which sound is recorded, and from which the transferred recorded sounds are directly derived.
(b) The prohibition contained in (a) of this section is not applicable to the reproduction of a sound recording that
(1) is used, or intended to be used, solely for broadcast by commercial or educational radio or television stations; or
(2) constitutes the verbatim transcript, or other public record, of the proceedings of a judicial, legislative, or administrative agency, department, or other public body for which a charge or fee may or may not be made or collected for the reproduced recording.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 8. Alaska Uniform Trade Secrets Act. › Sec. 45.50.910. Injunctive relief for misappropriation of trade secrets.

(a) A court may enjoin actual or threatened misappropriation of trade secrets. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) If the court determines that it would be unreasonable to prohibit future use of a trade secret, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 8. Alaska Uniform Trade Secrets Act. › Sec. 45.50.915. Damages.

(a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
(b) If wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice the damages awarded under (a) of this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 8. Alaska Uniform Trade Secrets Act. › Sec. 45.50.920. Preservation of secrecy.

In an action under AS 45.50.910 - 45.50.945, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 8. Alaska Uniform Trade Secrets Act. › Sec. 45.50.925. Limitation of actions.

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 8. Alaska Uniform Trade Secrets Act. › Sec. 45.50.930. Effect on other laws.

(a) AS 45.50.910 - 45.50.945 displace conflicting tort, restitutionary, and other state laws pertaining to civil liability for misappropriation of a trade secret.
(b) AS 45.50.910 - 45.50.945 do not affect
(1) contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; or
(2) criminal liability for misappropriation of a trade secret.
(c) AS 45.50.910 - 45.50.945 do not apply to investigations or actions by the attorney general under AS 45.50.471 - 45.50.561 (Alaska Unfair Trade Practices and Consumer Protection Act) or under AS 45.50.562 - 45.50.596 (Alaska Restraint of Trade Act).
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 8. Alaska Uniform Trade Secrets Act. › Sec. 45.50.935. Uniformity of application and construction.

AS 45.50.910 - 45.50.945 shall be applied and construed to make the law uniform with respect to trade secrets among states enacting similar provisions.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 50. Competitive Practices, Regulation of Competition, Consumer Protection › Article 8. Alaska Uniform Trade Secrets Act. › Sec. 45.50.940. Definitions.

In AS 45.50.910 - 45.50.945, unless the context otherwise requires,
(1) “improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;
(2) “misappropriation” means
(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(B) disclosure or use of a trade secret of another without express or implied consent by a person who
(i) used improper means to acquire knowledge of the trade secret; or
(ii) at the time of disclosure or use, knew or had reason to know that knowledge of the trade secret was derived from or through a person who had utilized improper means to acquire it or who owed a duty to the person seeking relief to maintain its secrecy or limit its use, or was acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(iii) before a material change of the person's position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;
(3) “trade secret” means information that
(A) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(B) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 53. Cigarette Sales › Sec. 45.53.010. Tobacco product Master Settlement Agreement recognized.

The Master Settlement Agreement entered into by certain United States tobacco product manufacturers and the state, and related documents, for settlement of claims raised in State of Alaska v. Philip Morris, Incorporated, and approved by the Alaska Superior Court on February 9, 1999, are recognized.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 53. Cigarette Sales › Sec. 45.53.030. Regulations.

The commissioner of revenue shall adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to ascertain the amount of excise tax paid on the cigarettes of a tobacco product manufacturer for each year for which the manufacturer is required to place money into a qualified escrow fund under AS 45.53.020.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 53. Cigarette Sales › Sec. 45.53.040. Certification of compliance; civil actions.

(a) A tobacco product manufacturer that elects to comply with AS 45.53.020 by placing money into escrow under that section shall annually, at the time of compliance, certify to the commissioner of revenue that it is in compliance with AS 45.53.020.
(b) If the commissioner of revenue does not timely receive a certification of compliance from a tobacco product manufacturer as required by (a) of this section, the commissioner shall notify the attorney general. The attorney general shall require the manufacturer, within 15 days, to place into a qualified escrow fund the money necessary to bring the manufacturer into compliance with AS 45.53.020. The attorney general may bring a civil action on behalf of the state against a tobacco product manufacturer that fails to place into a qualified escrow fund the money necessary to bring the manufacturer into compliance with AS 45.53.020. The court, upon a finding of a tobacco product manufacturer's
(1) violation of AS 45.53.020, shall require the manufacturer, within 15 days, to place into a qualified escrow fund the money necessary to bring the manufacturer into compliance with AS 45.53.020 and may impose a civil penalty, in an amount not to exceed five percent of the amount improperly withheld from escrow, for each day of the violation; the total amount of the penalty under this paragraph may not exceed 100 percent of the original amount improperly withheld from escrow;
(2) knowing violation of AS 45.53.020, shall require the manufacturer, within 15 days, to place into a qualified escrow fund the money necessary to bring the manufacturer into compliance with AS 45.53.020 and may impose a civil penalty, in an amount not to exceed 15 percent of the amount improperly withheld from escrow, for each day of the violation; the total amount of the penalty under this paragraph may not exceed 300 percent of the original amount improperly withheld from escrow; and
(3) second knowing violation of AS 45.53.020, shall require the manufacturer, within 15 days, to place into a qualified escrow fund the money necessary to bring the manufacturer into compliance with AS 45.53.020, and may impose a monetary penalty as described in (2) of this subsection, and shall prohibit the manufacturer from selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary, for a period not to exceed two years.
(c) In addition to the civil penalties described in (b) of this section, the court may award the state full reasonable attorney fees and costs if the state prevails in a civil action brought under (b) of this section.
(d) Each failure to make an annual placement of money into a qualified escrow fund as required by AS 45.53.020 is a separate violation for the purposes of this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 55. Alaska Native Claims Settlement Act Corporations Proxy Solicitations and Stock › Sec. 45.55.138. Application to Alaska Native Claims Settlement Act corporations.

The initial issue of stock of a corporation organized under Alaska law under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) is not a sale of a security under AS 45.56.100 and 45.56.900(29).