reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 7 - SHOPLIFTING › Section 48-703 - DEFINITIONS.

48-703. DEFINITIONS. As used in this chapter:
(a) "Merchandise" means any personal property displayed, held or offered for sale by a merchant.
(b) "Merchant" means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.
(c) "Premises" means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.
(d) "Minor" means any person less than eighteen (18) years of age.
(e) "Retail theft" means the alteration, transfer, or removal of any label, price tag, marking, indicia of value or any other markings which aid in the determination of value of any merchandise displayed, held, stored, or offered for sale, in a retail mercantile establishment, for the purpose of attempting to purchase such merchandise either personally or in consort with another, at less than the retail value with the intention of depriving the merchant of the value of such merchandise.
History:
[48-703, added 1974, ch. 245, sec. 1, p. 1620; am. 1980, ch. 243, sec. 3, p. 563.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 7 - SHOPLIFTING › Section 48-704 - AUTHORIZED ACTIONS OF MERCHANTS.

48-704. AUTHORIZED ACTIONS OF MERCHANTS. (a) Any merchant may request a person on his premises to place or keep in full view any merchandise such person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant shall be criminally or civilly liable on account of having made such a request.
(b) Any merchant who has reason to believe that merchandise has been taken by a person in violation of this act and that he can recover such merchandise by taking such a person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, in a reasonable manner and for a reasonable length of time.
History:
[48-704, added 1974, ch. 245, sec. 1, p. 1620.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 7 - SHOPLIFTING › Section 48-705 - NOTICE OF RIGHT OF DETENTION.

48-705. NOTICE OF RIGHT OF DETENTION. No merchant shall be entitled to immunity from liability provided for in this act unless there is displayed in a conspicuous place on his premises a notice not less than thirteen (13) inches wide and twenty-one (21) inches long, clearly legible and in substantially the following form:
ANY MERCHANT OR HIS AGENT WHO HAS REASON TO BELIEVE THAT MERCHANDISE HAS BEEN REMOVED OR CONCEALED BY A PERSON IN VIOLATION OF THIS ACT MAY DETAIN SUCH PERSON FOR THE PURPOSE OF RECOVERING THE PROPERTY OR NOTIFYING A PEACE OFFICER. A PERSON OR THE PARENTS OR LEGAL GUARDIAN OF A MINOR WHO KNOWINGLY REMOVES MERCHANDISE WITHOUT PAYING THEREFOR, OR CONCEALS MERCHANDISE TO AVOID PAYING THEREFOR, IS CIVILLY LIABLE FOR ITS VALUE, AND ADDITIONAL DAMAGES.
History:
[48-705, added 1974, ch. 245, sec. 1, p. 1620.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 8 - IDAHO TRADE SECRETS ACT › Section 48-801 - DEFINITIONS.

48-801. DEFINITIONS. As used in this chapter unless the context requires otherwise:
(1) "Improper means" include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) "Misappropriation" means:
(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(A) Used improper means to acquire knowledge of the trade secret; or
(B) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(i) Derived from or through a person who had utilized improper means to acquire it;
(ii) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(iii) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(C) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) "Computer program" means information which is capable of causing a computer to perform logical operation(s) and:
(a) Is contained on any media or in any format;
(b) Is capable of being input, directly or indirectly, into a computer; and
(c) Has prominently displayed a notice of copyright, or other proprietary or confidential marking, either within or on the media containing the information.
(5) "Trade secret" means information, including a formula, pattern, compilation, program, computer program, device, method, technique, or process, that:
(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Trade secrets as defined in this subsection are subject to disclosure by a public agency according to chapter 1, title 74, Idaho Code.
History:
[48-801, added 1981, ch. 240, sec. 1, p. 483; am. 1987, ch. 67, sec. 1, p. 121; am. 1990, ch. 213, sec. 68, p. 536; am. 2015, ch. 141, sec. 125, p. 473.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 8 - IDAHO TRADE SECRETS ACT › Section 48-802 - INJUNCTIVE RELIEF.

48-802. INJUNCTIVE RELIEF. (1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
History:
[48-802, added 1981, ch. 240, sec. 1, p. 484; am. 1990, ch. 274, sec. 1, p. 774.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 8 - IDAHO TRADE SECRETS ACT › Section 48-803 - DAMAGES.

48-803. DAMAGES. (1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret.
(2) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1) of this section.
History:
[48-803, added 1981, ch. 240, sec. 1, p. 484; am. 1990, ch. 274, sec. 2, p. 775.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 8 - IDAHO TRADE SECRETS ACT › Section 48-804 - PRESERVATION OF SECRECY.

48-804. PRESERVATION OF SECRECY. In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
History:
[48-804, added 1981, ch. 240, sec. 1, p. 484.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 8 - IDAHO TRADE SECRETS ACT › Section 48-805 - STATUTE OF LIMITATIONS.

48-805. STATUTE OF LIMITATIONS. An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
History:
[48-805, added 1981, ch. 240, sec. 1, p. 484.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 8 - IDAHO TRADE SECRETS ACT › Section 48-806 - EFFECT ON OTHER LAW.

48-806. EFFECT ON OTHER LAW. (1) Except as provided in subsection (2) of this section, this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil liability remedies for misappropriation of a trade secret.
(2) This chapter does not affect:
(a) Contractual remedies, whether or not based upon misappropriation of a trade secret; or
(b) Other civil remedies that are not based upon misappropriation of a trade secret; or
(c) Criminal remedies, whether or not based upon misappropriation of a trade secret.
History:
[48-806, added 1981, ch. 240, sec. 1, p. 484; am. 1990, ch. 274, sec. 3, p. 775.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-901 - DEFINITIONS.

48-901. DEFINITIONS. For purposes of this chapter, the following terms have the following meanings:
(1) "Consumer" means the purchaser or lessee, other than for purposes of resale or sublease, of a new motor vehicle used for personal business use, personal, family or household purposes, or a person to whom the new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle.
(2) "Early termination costs" means expenses and obligations incurred by a motor vehicle lessor as a result of an early termination of a written lease agreement and surrender of a motor vehicle to a manufacturer under section 48-904, Idaho Code, including penalties for prepayment of finance arrangements.
(3) "Informal dispute settlement mechanism" means an arbitration process or procedure by which the manufacturer attempts to resolve disputes with consumers regarding motor vehicle nonconformities and repairs that arise during the vehicle’s warranty period.
(4) "Lease" means a contract in the form of a lease or bailment for the use of personal property by a natural person for a period of time exceeding four (4) months, used for personal business use, personal, family, or household purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease.
(5) "Manufacturer" means a person engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least ten (10) new motor vehicles.
(6) "Manufacturer’s express warranty" and "warranty" mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty.
(7) "Motor vehicle" means a motor vehicle as defined in chapter 1, title 49, Idaho Code, which is sold or licensed in this state but does not include:
(a) Motorcycle or farm tractor as defined in sections 49-107 and 49-114, Idaho Code; or
(b) Trailer as defined in section 49-121, Idaho Code; or
(c) Any motor vehicle with a gross laden weight over twelve thousand (12,000) pounds.
(8) "Motor vehicle lessor" means a person who holds title to a motor vehicle leased to a lessee under a written lease agreement or who holds the lessor’s rights under such agreement.
History:
[48-901, added 1998, ch. 333, sec. 2, p. 1070.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-902 - MANUFACTURER’S DUTY TO REPAIR — SERVICE AND REPAIR FACILITIES.

48-902. MANUFACTURER’S DUTY TO REPAIR — SERVICE AND REPAIR FACILITIES. (1) If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the applicable express warranties or during the period of two (2) years following the date of original delivery of the new motor vehicle to a consumer, or during the period ending with the date on which the mileage on the motor vehicle reaches twenty-four thousand (24,000) miles, whichever is the earliest date, the manufacturer, its agent, or its authorized dealer shall make the repairs necessary to conform the vehicle to the applicable express warranties, notwithstanding the fact that the repairs are made after the expiration of the warranty term or the two (2) year period.
(2) Every manufacturer of motor vehicles sold and for which the manufacturer has made an express warranty shall maintain sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties or designate and authorize as service and repair facilities independent repair or service facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties. As a means of complying with the provisions of this subsection, a manufacturer may, in a town or city where there is not a franchise market representative, enter into warranty service contracts with independent service and repair facilities.
History:
[48-902, added 1998, ch. 333, sec. 2, p. 1071; am. 1999, ch. 333, sec. 1, p. 906.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-904 - MANUFACTURER’S DUTY TO CONSUMERS WITH LEASED VEHICLES.

48-904. MANUFACTURER’S DUTY TO CONSUMERS WITH LEASED VEHICLES. A consumer who leases a new motor vehicle has the same rights against the manufacturer under this section as a consumer who purchases a new motor vehicle, except that, if it is determined that the manufacturer must accept return of the consumer’s leased vehicle pursuant to section 48-903, Idaho Code, then the consumer lessee is not entitled to a replacement vehicle, but is entitled only to a refund as provided in this section. In such a case, the consumer’s leased vehicle shall be returned to the manufacturer and the consumer’s written lease with the motor vehicle lessor must be terminated after all charges are settled. The manufacturer shall provide the consumer with a full refund of all costs and charges described below less a reasonable allowance for use. The manufacturer shall provide to the consumer a refund of the pro rata amount of any down payment paid by the consumer on the written lease. The pro rata amount of such a refund shall be the amount of the down payment divided by the number of months of the lease agreement and that amount multiplied by the number of months remaining after the date of the arbitration. The manufacturer shall also refund to the consumer amounts identified as additional charges set forth in section 48-903, Idaho Code, if actually paid by the consumer. The reasonable allowance for use shall be the lease payments made by the consumer until the time of the award of a refund. The manufacturer shall provide the motor vehicle lessor or its assignee with a full refund of the early termination charges plus the residual value of the vehicle, as specified in the lease agreement. The amount of any refund by the manufacturer to the consumer for the pro rata portion of the down payment plus the amount of the refund to the motor vehicle lessor or its assignee by the manufacturer shall not exceed one hundred five percent (105%) of the vehicle’s original manufacturer’s suggested retail price.
History:
[48-904, added 1998, ch. 333, sec. 2, p. 1074.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-905 - RESALE OR RE-LEASE OF RETURNED MOTOR VEHICLE.

48-905. RESALE OR RE-LEASE OF RETURNED MOTOR VEHICLE. (1) If a motor vehicle has been returned under the provisions of section 48-903, Idaho Code, or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold or re-leased in this state unless:
(a) The manufacturer provides the same express warranty it provided to the original purchaser, except that the term of the warranty need only last for twelve thousand (12,000) miles or twelve (12) months after the date of resale, whichever is earlier; and
(b) The manufacturer provides the consumer with a written statement on a separate piece of paper, in 10-point all capital type, in substantially the following form: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER’S EXPRESS WARRANTY AND THE NONCONFORMITY WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY IDAHO LAW."
The provisions of this chapter apply to the resold or re-leased motor vehicle for full term of the warranty required under this section. If a manufacturer has a program similar to the requirements of this subsection and that program provides, at a minimum, substantially the same protections for subsequent consumers, then the manufacturer shall be considered to be in compliance with this subsection.
(2) Notwithstanding the provisions of subsection (1) of this section, if a new motor vehicle has been returned under the provisions of section 48-903, Idaho Code, or a similar statute of another state because of a nonconformity resulting in a complete failure of the braking or steering system of the motor vehicle likely to cause death or serious bodily injury if the vehicle was driven and the failure has not been repaired by the manufacturer, its agent or its authorized dealer, the motor vehicle may not be resold in this state.
History:
[48-905, added 1998, ch. 333, sec. 2, p. 1074.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-907 - EFFECT AND ADMISSIBILITY OF DECISION BY INFORMAL DISPUTE SETTLEMENT MECHANISM.

48-907. EFFECT AND ADMISSIBILITY OF DECISION BY INFORMAL DISPUTE SETTLEMENT MECHANISM. The decision issued in an informal dispute settlement mechanism required by this chapter is nonbinding on the parties involved, unless otherwise agreed by the parties. Any party, upon application, may remove the decision to district court for a trial de novo. If the manufacturer is aggrieved by the decision of the informal dispute settlement mechanism, an application to remove the decision must be filed in the district court within thirty (30) days after the date the decision is received by the parties. If the application to remove is not made within thirty (30) days, then the district court shall, upon application of a party, issue an order confirming the decision. A written decision issued by an informal dispute settlement mechanism, and any written findings upon which the decision is based, are admissible as nonbinding evidence in any subsequent legal action and are not subject to further foundation requirements.
History:
[48-907, added 1998, ch. 333, sec. 2, p. 1076.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-908 - TREBLE DAMAGES FOR BAD FAITH APPEAL OF DECISION.

48-908. TREBLE DAMAGES FOR BAD FAITH APPEAL OF DECISION. If the district court finds that a party has removed a decision of an informal dispute settlement mechanism in bad faith, by asserting a claim or defense that is frivolous and costly to the other party, or by asserting an unfounded position solely to delay recovery by the other party, then the court shall award to the prevailing party three (3) times the actual damages sustained, together with costs and attorney’s fees.
History:
[48-908, added 1998, ch. 333, sec. 2, p. 1077.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-909 - CIVIL REMEDY.

48-909. CIVIL REMEDY. Any consumer injured by a violation of this chapter may bring a civil action to enforce this chapter and recover costs and disbursements, including reasonable attorney’s fees incurred in the civil action. However, the provisions of this section do not include recovery of attorney’s fees previously incurred in the course of informal dispute resolution. In addition to the remedies provided herein, the attorney general may, when in the public interest, bring an action pursuant to the Idaho consumer protection act, chapter 6, title 48, Idaho Code, against any manufacturer for violation of this chapter. For purposes of such action, violations of this chapter shall be deemed to be violations of Idaho’s consumer protection act. In any such action, the attorney general and district court shall have the same authority as is granted the attorney general and district court under the Idaho consumer protection act.
History:
[48-909, added 1998, ch. 333, sec. 2, p. 1077.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-910 - LIMITATION ON ACTIONS.

48-910. LIMITATION ON ACTIONS. A civil action brought under this chapter must be commenced within three (3) years of the date of original delivery of the new motor vehicle to a consumer, except that if the consumer applies to an informal dispute settlement mechanism within three (3) years of the date of original delivery of the new motor vehicle to a consumer, and if the consumer is aggrieved by the decision of the informal dispute settlement mechanism, then any appeal of that decision brought under this chapter must be commenced within three (3) months after the date of the final decision by the mechanism.
History:
[48-910, added 1998, ch. 333, sec. 2, p. 1077.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-911 - REMEDY NONEXCLUSIVE.

48-911. REMEDY NONEXCLUSIVE. Nothing in this chapter limits the rights or remedies which are otherwise available to a consumer under any other law.
History:
[48-911, added 1998, ch. 333, sec. 2, p. 1077.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-912 - DISCLOSURE REQUIREMENT.

48-912. DISCLOSURE REQUIREMENT. In addition to any investigative powers authorized by law, the attorney general may inspect the records of the informal dispute settlement mechanism upon reasonable notice, during regular business hours, and may make available to the public information about the operation of the mechanism, but data on an individual case may not be disclosed without the prior consent of the affected parties.
History:
[48-912, added 1998, ch. 333, sec. 2, p. 1077.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 9 - NEW MOTOR VEHICLE WARRANTIES — MANUFACTURER’S DUTY TO REPAIR, REFUND OR REPLACE › Section 48-913 - DEALER LIABILITY.

48-913. DEALER LIABILITY. Nothing in this chapter imposes liability on a dealer or creates an additional cause of action by a consumer against a dealer, except for written express warranties made by the dealer apart from the manufacturer’s warranties. The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including, but not limited to, any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter, unless there is evidence that the related repairs had not been carried out by the dealer in a timely manner or in a manner substantially consistent with the manufacturer’s published instructions.
History:
[48-913, added 1998, ch. 333, sec. 2, p. 1078.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1001 - LEGISLATIVE FINDINGS AND INTENT.

48-1001. LEGISLATIVE FINDINGS AND INTENT. (1) The use of telephones for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but also entails special risks and the potential for abuse. Many Idaho residents and businesses have lost money or suffered harm primarily as a result of out-of-state telemarketing abuse. For the general welfare of the public and in order to protect the integrity of the telemarketing industry, the following provisions of law are deemed necessary.
(2) It is the intent of the legislature in enacting this chapter to safeguard the public against deceit and financial hardship, to insure, foster and encourage competition and fair dealings among telephone solicitors by requiring adequate disclosure, and to prohibit representations that have the capacity, tendency, or effect of misleading a purchaser. The provisions of this chapter are remedial, and shall be construed and applied liberally to accomplish the above-stated purposes.
(3) This chapter shall be known and may be cited as the "Idaho Telephone Solicitation Act."
History:
[48-1001, added 1992, ch. 27, sec. 1, p. 83.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1003 - UNLAWFUL ACTS.

48-1003. UNLAWFUL ACTS. (1) It is an unlawful act for a telephone solicitor to:
(a) Intimidate or torment any person of normal and reasonable sensitivities in connection with a telephone solicitation;
(b) Refuse to hang up and free the purchaser’s line immediately once requested to do so by the purchaser;
(c) Misrepresent the price, quality, or availability of the goods or services being offered to the purchaser, or not to disclose all material matters relating directly or indirectly to the offered goods or services;
(d) Advertise, represent, or imply that the person has the approval or endorsement of any government, governmental office, or agency, unless such is the fact;
(e) Advertise, represent, or imply that the person has a valid registration number when the person does not;
(f) Utilize any device or method to block or mislead the intended recipient of the call as to the identity of the solicitor, or the trade name of the person being represented by the solicitor on a caller identification telecommunication device;
(g) Fail to comply with the provisions of section 48-603A, Idaho Code;
(h) Violate any applicable provision or requirement of this chapter; and
(i) Send an unsolicited advertisement to a telephone facsimile machine.
(2) Any violation of the provisions of this chapter is an unlawful, unfair, and deceptive act or practice in trade or commerce for the purpose of applying the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
History:
[48-1003, added 1992, ch. 27, sec. 1, p. 85; am. 1997, ch. 224, sec. 1, p. 660; am. 1999, ch. 46, sec. 1, p. 108.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1003A - NO TELEPHONE SOLICITATION CONTACT LIST.

48-1003A. NO TELEPHONE SOLICITATION CONTACT LIST.
(1) (a) Any Idaho residential, mobile or telephonic paging device telephone subscriber desiring to be placed on the Idaho "no telephone solicitation contact" list, indicating that the subscriber does not wish to receive telephone solicitations, may be placed upon such list through a procedure approved by the attorney general.
(b) Notwithstanding any other provision of this chapter, a national "do-not-call" registry established and maintained by the federal trade commission, pursuant to 16 CFR 310.4(b)(1)(iii)(B), may serve as the Idaho "no telephone solicitation contact" list provided by this chapter. The attorney general may provide to the federal trade commission, for inclusion in the national "do-not-call" registry, the telephone numbers of Idaho residents that are on the Idaho "no telephone solicitation contact" list.
(2) It is a violation of the provisions of this chapter for a telephone solicitor to make or cause to be made any telephone solicitation, as defined by section 48-1002(11)(a), Idaho Code, to any telephone number which is assigned by a telephone company to an Idaho resident listed on the Idaho "no telephone solicitation contact" list when that telephone number has been on such list for at least three (3) months prior to the date the telephone solicitation is made.
(3) Section 48-1006, Idaho Code, notwithstanding, any violation of the provisions of this section shall subject the person violating the terms of the provisions of this section to a civil penalty, to be imposed by the district court, as follows: for the first violation, not to exceed five hundred dollars ($500); for the second violation, not to exceed two thousand five hundred dollars ($2,500); for the third and subsequent violations, not to exceed five thousand dollars ($5,000) per violation. Penalties received under the provisions of this section shall be expended pursuant to legislative appropriation.
(4) This section is not applicable to telephone solicitations:
(a) To a telephone subscriber’s commercial or business telephone number;
(b) Where an established business relationship exists, as defined in subsection (3) of section 48-1002, Idaho Code, between the telephone solicitor and the telephone subscriber and the subscriber has not stated to the telephone solicitor that he does not wish to receive telephone solicitations made by or on behalf of the business with whom the established business relationship exists;
(c) By a minor seeking to sell a good or service, pursuant to a telephone solicitation, for a charitable purpose or organization.
(5) The attorney general shall advise telephone subscribers who register with his office under the provisions of this section of all self-help measures available to them to reduce unwanted telephone solicitations.
History:
[48-1003A, added 2000, ch. 452, sec. 3, p. 1424; am. 2004, ch. 102, sec. 2, p. 360; am. 2013, ch. 130, sec. 1, p. 299.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1003C - AUTOMATIC DIALING-ANNOUNCING DEVICE.

48-1003C. AUTOMATIC DIALING-ANNOUNCING DEVICE. (1) When a person intends to utilize an automatic dialing-announcing device to send a message by using or connecting to a telephone line, the person must, at the outset of the message, disclose the following:
(a) The name of the person for whom the message is being made;
(b) The purpose of the message; and
(c) The contact information of the caller.
(2) As used in this section:
(a) "Automatic dialing-announcing device" means a device that selects and dials telephone numbers and that, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message to the telephone number called.
(b) "Caller" means a person who contacts, or attempts to contact, a subscriber in this state by using an automatic dialing-announcing device.
(c) "Subscriber" means a person who has subscribed to telephone service from a telephone company, or other persons living or residing with the subscribing person.
History:
[48-1003C, added 2007, ch. 203, sec. 1, p. 627.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1004 - TELEPHONE SOLICITOR DUTIES.

48-1004. TELEPHONE SOLICITOR DUTIES. (1) Telephone solicitors shall:
(a) Register with the attorney general at least ten (10) days prior to conducting business in Idaho. All registrations shall be valid for a period of one (1) year from the effective date of the registration. Any information reported in the application which has changed during the year shall be reported within two (2) weeks of such change to the attorney general and shall be included in an amended registration form filed at the time the telephone solicitor renews his registration. Registrations may be renewed annually by applying to the attorney general and paying a registration renewal fee;
(b) File with the attorney general an irrevocable consent appointing the attorney general as an agent to receive civil process in any action, suit, or proceeding brought under this chapter;
(c) Provide his registration number to any purchaser who requests the registration number;
(d) Orally inform the purchaser at the time the purchase is completed of his right to cancel as provided in subsection 48-1004(2), Idaho Code, and state the telephone solicitor’s registration number issued by the attorney general;
(e) Provide accurate and complete information when making a registration application and possess and maintain a valid registration as required in this chapter; and
(f) Give the full street address, including the telephone number, of the telephone solicitor if a sale or purchase is completed.
(2) Unless the purchaser has an unqualified right to return the goods or cancel the services and receive a full refund, the telephone solicitor shall send a written confirmation to the purchaser, which shall contain the following statement in ten (10) point bold face type, which sets forth a purchaser’s right to cancel any agreement made pursuant to a telephone solicitation under this section:
NOTICE OF CANCELLATION
You may cancel this transaction, without any penalty or obligation whatsoever, within three business days of the date in which you receive this written confirmation.
If you cancel, all payments or other consideration which may have already been made by you will be returned within ten business days following receipt by the telephone solicitor of your cancellation notice.
If you cancel, you must return the goods to the telephone solicitor at the address listed below and at the telephone solicitor’s risk and expense within twenty-one days of the date you receive back from the telephone solicitor the payments or consideration you have already made.
To cancel this transaction, deposit in the mail or deliver a signed and dated copy of this cancellation notice or any other written notice to …..(Name of telephone solicitor)….., at …..(Address of seller’s place of business)….. not later than midnight of the third business day after which you received this notice.
I hereby cancel this transaction.
(Date)
(Buyer’s signature)
History:
[48-1004, added 1992, ch. 27, sec. 1, p. 85.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1006 - AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT.

48-1006. AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT. (1) The attorney general and the district court shall have the same authority in enforcing and carrying out the provisions of this chapter as is granted the attorney general and district courts under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(2) All penalties, costs and fees received or recovered by the attorney general shall be remitted to the consumer protection account and expended pursuant to subsection (5) of section 48-606, Idaho Code.
(3) The attorney general shall also have the following authority:
(a) To require the registering telephone solicitor to submit information necessary to assist the attorney general in enforcing the provisions of this section;
(b) To require each registering telephone solicitor to remit a registration fee of fifty dollars ($50.00) or a registration renewal fee of twenty-five dollars ($25.00);
(c) To send to each registrant a certificate or other appropriate document demonstrating registration compliance which shall be prominently posted in a publicly accessible place at the telephone solicitor’s principal business location; and
(d) To accept service for those telephone solicitors who are required to register and appoint the attorney general as agent to receive civil process. Service may be effected by leaving a copy of the summons and complaint in the office of the attorney general, but it is not effective and complete until five (5) days after:
(i) The plaintiff forthwith sends notice of the service and a copy of the summons and complaint by registered mail to the telephone solicitor at its last address on file with the attorney general; and
(ii) The plaintiff files an affidavit of compliance with the provisions of this section with the district court.
History:
[48-1006, added 1992, ch. 27, sec. 1, p. 87.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1007 - PRIVATE CAUSES OF ACTION AND REMEDIES.

48-1007. PRIVATE CAUSES OF ACTION AND REMEDIES. (1) Any person who purchases goods or services pursuant to a telephone solicitation and thereby suffers damages as a result of any act, conduct, or practice declared unlawful in this chapter shall have the same rights and remedies in seeking and obtaining redress under this chapter as those granted under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(2) If a telephone solicitor violates any applicable provision of this chapter, any contract of sale or purchase is null and void and unenforceable.
(3) If a telephone solicitor fails to deliver the goods or services contracted for, pursuant to the federal trade commission’s "mail order merchandise rule," 16 CFR 435, the contract to purchase is null and void.
(4) Any contract, agreement to purchase, or written confirmation executed by a purchaser which purports to waive any of the purchaser’s rights under this chapter is against public policy and shall be null and void and unenforceable.
(5) The remedies provided for in this chapter are not exclusive, and shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
History:
[48-1007, added 1992, ch. 27, sec. 1, p. 88.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1008 - LIABILITY OF MINORS.

48-1008. LIABILITY OF MINORS. (1) Any minor who purchases goods or services pursuant to any telephone solicitation may disaffirm the purchase within a reasonable time after the purchase is made.
(2) No parent or legal guardian, having legal custody of a minor who is a purchaser pursuant to a telephone solicitation, shall be liable to a telephone solicitor for the purchase of goods or services pursuant to any telephone solicitation.
History:
[48-1008, added 1992, ch. 27, sec. 1, p. 88.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1009 - CONSUMER NOTIFICATION — RULE MAKING BY THE IDAHO PUBLIC UTILITIES COMMISSION.

48-1009. CONSUMER NOTIFICATION — RULE MAKING BY THE IDAHO PUBLIC UTILITIES COMMISSION. (1) Telephone corporations providing basic local exchange service, as defined in section 62-603, Idaho Code, shall inform customers of the provisions of this chapter. Publication of such notification in an annual insert in a billing statement mailed to customers or by conspicuous publication in the consumer information pages of local telephone directories shall relieve telephone corporations of any and all liability under this chapter to purchasers or others claiming to have suffered harm from telephone solicitors or by operation of the provisions of this chapter.
(2) The public utilities commission shall by rule prescribe the form of such notice.
History:
[48-1009, added 1992, ch. 27, sec. 1, p. 88.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT › Section 48-1010 - LIMITATION OF ACTION.

48-1010. LIMITATION OF ACTION. (1) No private action may be brought under the provisions of this chapter more than two (2) years after the cause of action accrues.
(2) A cause of action shall be deemed to have accrued when the party bringing an action under the provisions of this chapter knows or in the exercise of reasonable care should have known about the violation of the provisions of this chapter.
History:
[48-1010, added 1992, ch. 27, sec. 1, p. 89.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 11 - IDAHO PAY-PER-TELEPHONE CALL ACT › Section 48-1101 - LEGISLATIVE FINDINGS AND INTENT.

48-1101. LEGISLATIVE FINDINGS AND INTENT. (1) The use of pay-per-telephone call services for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but also entails special risks and the potential for abuse. Many consumers of goods and services have suffered serious losses because of misrepresentations and failures to disclose material facts. For the general welfare of the public and in order to protect the integrity of the pay-per-telephone call service industry, the following provisions of law are deemed necessary.
(2) It is the intent of the legislature in enacting this chapter to safeguard the public against deceit and financial hardship, to insure, foster and encourage competition and fair dealings among information providers by requiring adequate disclosure. The provisions of this chapter are remedial, and shall be construed and applied liberally to accomplish these purposes.
(3) This chapter shall be known and may be cited as the "Idaho Pay-Per-Telephone Call Act."
History:
[48-1101, added 1992, ch. 29, sec. 1, p. 90.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 11 - IDAHO PAY-PER-TELEPHONE CALL ACT › Section 48-1102 - DEFINITIONS.

48-1102. DEFINITIONS. In this chapter:
(1) "Adult entertainment pay-per-telephone call" means any pay-per-telephone call service that is of a sexually prurient nature. For the purpose of this section, sexually prurient is any comment, request, suggestion, proposal, image, or other communication that, in context, is obscene, lewd, lascivious, or indecent.
(2) "Information provider" means any person, company, or corporation that controls the content of a pay-per-telephone call service. Any telephone corporation which transmits pay-per-telephone call service but does not control the content of the information transmitted is not included within this definition.
(3) "Pay-per-telephone call service" means any telecommunications service which permits simultaneous calling by a number of callers to a single telephone number and for which the calling party is assessed, by virtue of completing the call, a charge that is not dependent on the existence of a presubscription or comparable agreement and for which the caller pays a per-call or per-time-interval charge that is greater than, or in addition to, the charge for transmission of the call.
(4) "Presubscription or comparable agreement" means an agreement to purchase any pay-per-telephone call service and is evidenced by:
(a) A written contractual agreement between an information provider and a legally competent person that is executed for the sole purpose of arranging purchase of pay-per-telephone call services and is separate or easily severable from any promotions or inducements, and in which:
(i) The information provider clearly and conspicuously discloses to the consumer all material terms and conditions associated with the use of the service, including the information provider’s name and address, a business telephone number which the company may use to obtain additional information or to register a complaint, and the rates of service;
(ii) The information provider agrees to notify the consumer at least one (1) billing cycle in advance of any future rate changes;
(iii) The consumer agrees to use the services on the terms and conditions disclosed by the information provider; and
(iv) The information provider requires the use of an identification number or other means to prevent unauthorized access to the service by the nonsubscribers; or
(b) Disclosure of a pre-existing credit, prepaid account, debit, charge, or calling card number, along with authorization to bill that number, provided that the card:
(i) Is subject to the dispute resolution procedures of the federal truth-in-lending and fair credit reporting acts;
(ii) Has, upon request or application, been delivered to the person to be billed prior to assessment of charges; and
(iii) Does not operate to assess charges through automatic number identification.
(5) "Telephone corporation" means any person or corporation that provides basic local exchange service or message telecommunication service.
History:
[48-1102, added 1992, ch. 29, sec. 1, p. 91; am. 1997, ch. 75, sec. 2, p. 156.]
2023 Idaho Code › Title 48 - MONOPOLIES AND TRADE PRACTICES › Chapter 11 - IDAHO PAY-PER-TELEPHONE CALL ACT › Section 48-1103 - PREAMBLE MESSAGE.

48-1103. PREAMBLE MESSAGE. (1) An information provider that offers pay-per-telephone call services in this state shall include at the beginning of its service a preamble message. No preamble message shall be required for pay-per-telephone call service for which the total charge for such service is two dollars ($2.00) or less.
(2) The preamble message shall be clearly understandable and audible and state the cost of the call. The preamble must disclose all per-call charges. If the call is billed on a usage sensitive basis, the preamble must state all rates, by minute or other unit of time, any minimum charges and the total cost for calls to that service if the duration of the service can be determined.
(3) The preamble must state the name of the information provider and accurately describe the information, product, or service that the caller will receive for the fee.
(4) The preamble must inform the caller that billing will begin only after a specific identified event following the disclosure message, such as a signal tone, and must provide a reasonable opportunity for the caller to disconnect before that event.
(5) Any preamble message associated with a pay-per-telephone call service that is aimed at or likely to be of interest to children under the age of eighteen (18) must contain a statement that the caller should hang up unless he has parental permission.
(6) A caller may be provided the means to bypass the preamble message on subsequent calls, provided that the caller has sole control of that capability, except that any bypass device shall be disabled for a period of thirty (30) days following the effective date of a price increase for the service. Instructions on how to bypass must either be at the end of the preamble message or at the end of the service.
(7) If the pay-per-telephone call service originates and terminates within local exchange areas served by the same telephone corporation within the state of Idaho, the information provider may apply to the Idaho attorney general for permission to modify the preamble message. The attorney general may grant such permission if the attorney general is satisfied that the modified message will adequately disclose sufficient material facts which will safeguard the public against deceit and financial hardship. Such decision shall be final and nonappealable.
History:
[48-1103, added 1992, ch. 29, sec. 1, p. 91.]