reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-503 - APPLICATION FOR REGISTRATION.

48-503. APPLICATION FOR REGISTRATION. Subject to the limitations set forth in this act, any person who uses a mark may file in the office of the secretary of state, in a form prescribed by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information:
(1) The name and business address of the person applying for such registration; and, if a corporation, limited liability company or partnership, the state of domestication, and if a partnership, the names of the general partners, as specified by the secretary of state;
(2) The goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall;
(3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest; and
(4) A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive.
The secretary of state may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office; and, if so, the applicant shall provide full particulars with respect thereto including the filing date and serial number of each application, the status thereof and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.
The application shall be signed by the applicant or by a member of the firm or an officer of the corporation or association applying.
The application shall be accompanied by a drawing or one (1) specimen showing the mark as actually used, complying with such requirements as the secretary of state may specify.
The application shall be accompanied by the application fee payable to the secretary of state.
History:
[48-503, added 1996, ch. 404, sec. 2, p. 1339.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-504 - FILING OF APPLICATIONS.

48-504. FILING OF APPLICATIONS. (1) Upon the receipt of an application for registration and payment of the application fee, the secretary of state shall cause the application to be examined for conformity with this chapter.
(2) The applicant shall provide any additional pertinent information requested by the secretary of state including a description of a design mark and may make, or authorize the secretary of state to make, such amendments to the application as may be reasonably requested by the secretary of state or deemed by the applicant to be advisable to respond to any rejection or objection.
(3) The secretary of state may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant’s or registrant’s rights then existing or thereafter arising in the disclaimed matter, or the applicant’s or registrant’s rights of registration on another application if the disclaimed matter is distinctive of the applicant’s or registrant’s goods or services.
(4) Amendments may be made by the secretary of state upon the application submitted by the applicant upon the applicant’s agreement, or the secretary of state may require a fresh application.
(5) If the applicant is found not to be entitled to registration, the secretary of state shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary of state in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until: (a) the secretary of state finally refuses registration of the mark; or (b) the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.
(6) If the secretary of state finally refuses registration of the mark, the applicant may appeal the denial of such registration to the district court in and for Ada county. The court may compel registration of the mark, but without cost to the secretary of state, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
(7) In the instance of applications concurrently being processed by the secretary of state which seek registration of the same or confusingly similar marks for the same or related goods or services, the secretary of state shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of section 48-509, Idaho Code.
History:
[48-504, added 1996, ch. 404, sec. 2, p. 1339; am. 2012, ch. 322, sec. 1, p. 881.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-505 - CERTIFICATE OF REGISTRATION.

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.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-506 - DURATION AND RENEWAL.

48-506. DURATION AND RENEWAL. (1) A registration of mark hereunder shall be effective for a term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term in a manner complying with the rules of the secretary of state, the registration may be renewed for a like term from the end of the expiring term.
(2) A renewal fee, payable to the secretary of state, shall accompany the application for renewal of the registration. When a renewal application includes goods or services which fall within multiple classes, the secretary of state may require payment of a fee for each class.
(3) A registration may be renewed for successive periods of ten (10) years in like manner and the secretary of state shall issue a certificate of renewal.
(4) Any registration in force on the date on which this act shall become effective shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the secretary of state in compliance with the rules of the secretary of state upon payment of the renewal fee within six (6) months prior to the expiration of the registration.
(5) All applications for renewal under this act, whether of registrations made under this act or of registrations effected under any prior act, shall include a statement that the mark has been and is still in use.
History:
[48-506, added 1996, ch. 404, sec. 2, p. 1341; am. 2005, ch. 273, sec. 1, p. 841.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-507 - ASSIGNMENTS, AMENDMENTS, CHANGES OF NAME AND OTHER INSTRUMENTS.

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.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-508 - RECORDS.

48-508. RECORDS. The secretary of state shall keep for public examination a record of all marks registered or renewed under this act, as well as a record of all documents filed pursuant to section 48-507, Idaho Code, until disposed of in accordance with chapter 57, title 67, Idaho Code.
History:
[48-508, added 1996, ch. 404, sec. 2, p. 1342.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-509 - CANCELLATION.

48-509. CANCELLATION. The secretary of state shall cancel from the register, in whole or in part:
(1) Any registration concerning which the secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record;
(2) All registrations granted under this act and not renewed in accordance with the provisions of this chapter;
(3) Any registration concerning which a court of competent jurisdiction shall find that:
(a) The registered mark has been abandoned;
(b) The registrant is not the owner of the mark;
(c) The registration was granted improperly;
(d) The registration was obtained fraudulently;
(e) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it was registered;
(f) The registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in this state prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; or
(4) When a court of competent jurisdiction orders cancellation of a registration on any ground.
History:
[48-509, added 1996, ch. 404, sec. 2, p. 1342.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-510 - CLASSIFICATION.

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.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-511 - FRAUDULENT REGISTRATION.

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.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-512 - INFRINGEMENT.

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.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-513 - INJURY TO BUSINESS REPUTATION — DILUTION.

48-513. INJURY TO BUSINESS REPUTATION — DILUTION. The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another’s use of a mark, commencing after the owner’s mark becomes famous, which causes dilution of the distinctive quality of the owner’s mark, and to obtain such other relief as is provided in this section. In determining whether a mark is famous, a court may consider factors such as, but not limited to:
(1) The degree of inherent or acquired distinctiveness of the mark in this state;
(2) The duration and extent of use of the mark in connection with the goods and services;
(3) The duration and extent of advertising and publicity of the mark in this state;
(4) The geographical extent of the trading area in which the mark is used;
(5) The channels of trade for the goods or services with which the owner’s mark is used;
(6) The degree of recognition of the owner’s mark in its and in the other’s trading areas and channels of trade in this state; and
(7) The nature and extent of use of the same or similar mark by third parties.
The owner shall be entitled only to injunctive relief in this state in an action brought under this section, unless the subsequent user willfully intended to trade on the owner’s reputation or to cause dilution of the owner’s mark. If such willful intent is proven, the owner shall also be entitled to the other remedies provided in this chapter, subject to the discretion of the court and the principles of equity.
History:
[48-513, added 1996, ch. 404, sec. 2, p. 1343.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-514 - REMEDIES.

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.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-515 - FORUM FOR ACTIONS REGARDING REGISTRATION — SERVICE ON OUT-OF-STATE REGISTRANTS.

48-515. FORUM FOR ACTIONS REGARDING REGISTRATION — SERVICE ON OUT-OF-STATE REGISTRANTS. (1) Actions to require cancellation of a mark registered pursuant to this act or to appeal the denial of registration of a mark pursuant to this act shall be brought in the district court in and for Ada county. In an action to compel registration, the proceeding shall be based solely upon the record before the secretary of state. In an action for cancellation, the secretary of state shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action.
(2) In any action brought against a nonresident registrant, service may be effected upon the secretary of state as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under the Idaho rules of civil procedure.
History:
[48-515, added 1996, ch. 404, sec. 2, p. 1344.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-516 - COMMON LAW RIGHTS.

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.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS › Section 48-517 - FEES.

48-517. FEES. The secretary of state shall charge thirty dollars ($30.00) for the various applications and filing fees required in this chapter and for related services. The application fee payable herein shall be refunded if the registration for a mark is not granted.
History:
[48-517, added 1996, ch. 404, sec. 2, p. 1345; am. 1999, ch. 211, sec. 2, p. 563.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 6 - CONSUMER PROTECTION ACT › Section 48-618 - CONSTRUCTION OF CHAPTER.

48-618. CONSTRUCTION OF CHAPTER. This act is to be construed uniformly with federal law and regulations. In any action instituted under this act it shall be an absolute defense to show the challenged practices are subject to and comply with statutes administrated by the federal trade commission, or any duties, regulations or decisions interpreting such statutes.
History:
[48-618, added 1971, ch. 181, sec. 18, p. 847.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 6 - CONSUMER PROTECTION ACT › Section 48-619 - LIMITATION OF ACTION.

48-619. LIMITATION OF ACTION. No private action may be brought under this act more than two (2) years after the cause of action accrues.
History:
[48-619, added 1971, ch. 181, sec. 20, p. 847; am. 1997, ch. 127, sec. 1, p. 380.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 7 - SHOPLIFTING › Section 48-701 - LIABILITY FOR REMOVING OR CONCEALING MERCHANDISE — RETAIL THEFT.

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.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 7 - SHOPLIFTING › Section 48-702 - LIABILITY FOR ACTS OF MINORS.

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.]