Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.02.01 - IDAHO RULES OF CONSUMER PROTECTION, OFFICE OF THE ATTORNEY GENERAL › Subchapter B - DEFINITIONS › Section 04.02.01.020 - DEFINITIONS

Current through August 31, 2023
The definitions set forth in Section  48-602, Idaho Code, apply with full force and effect to all provisions and sections of these rules, including rules hereafter amended or supplemented. Terms not defined in these rules or in Section  48 -602, Idaho Code, shall be construed in accordance with definitions promulgated by the Federal Trade Commission. Terms not so defined shall be construed in accordance with general principles of Idaho law. As used in this chapter: (3-31-22)
01.
Act
. The Idaho Consumer Protection Act, Title 48, Chapter 6, Idaho Code. (3-31-22)
02.
Actions or Transactions Permitted Under Laws Administered by a Regulatory Body or Officer
. 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. (3-31-22)
03.
Advertisement
(including words of similar meaning or import). Any oral, written, graphic, or pictorial representation, statement, or public notice, however made or utilized, including, without limitation, by publication, dissemination, solicitation or circulation, in the course of trade and commerce. A person's name under which trade or commerce is conducted shall be construed as advertising if an assumed name is used, and if the name has the capacity, tendency, or effect of misleading or deceiving consumers acting reasonably under the circumstances. (3-31-22)
04.
Appropriate Trade Premises
. 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. (3-31-22)
05.
Ascertainable Loss
. Any deprivation, detriment, or injury, or any decrease in amount, magnitude, or degree that is capable of being discovered, observed, or established. It is not necessary for a private plaintiff to prove actual damages of a specific dollar amount to prove ascertainable loss, but only that the item was different from that for which the private plaintiff bargained, or that the private plaintiff suffered some like loss. (3-31-22)
06.
Bait and Switch
. Advertising goods or services with the intent not to sell them but to lure the consumer to the seller's place of business and then switch the consumer from buying the advertised goods or services to other or different goods or services on a basis more advantageous to the seller. (3-31-22)
07.
Bona Fide Gift
. Any goods or services in which a statement is provided to the gift recipient at or prior to the time of delivery or performance, which clearly and conspicuously informs the recipient that the goods or services may be retained, used, discarded, rejected, or otherwise disposed of without any obligation to the person providing, sending, or performing the goods or services. (3-31-22)
08.
Business Arrangement
. Any understanding, procedure, course of dealing, or arrangement, formal or informal, between a consumer and a seller or a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof. (3-31-22)
09.
Business Day
. Any calendar day, except Saturday, Sunday, or the following legal holidays: New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (3-31-22)
10.
Buy-Down Rate
. A financing rate which, as a result of a seller's advance payment of finance charges to a third party, is below the prevailing market financing rate. (3-31-22)
11.
Clear and Conspicuous Disclosure
. A statement, representation, or term which is disclosed in a manner that is: (3-31-22)
a. Reasonably close to any statement, representation or term it clarifies, modifies, explains, or to which it otherwise relates; (3-31-22)
b. Reasonably noticeable; (3-31-22)
c. Reasonably understandable by the persons to whom it is directed; and (3-31-22)
d. Not contradictory to any terms it purports to clarify, modify, or explain. (3-31-22)