reglab/statecodes huggingface dataset:
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 F - DECEPTIVE, COMPARATIVE, REFERENCE, AND WHOLESALE PRICING › Section 04.02.01.066 - WHOLESALE, FACTORY DIRECT, OR SIMILAR CLAIMS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to: (3-31-22)
01.
Factory
. Describe itself or its goods by using the terms "factory direct," "factory to you," "direct from maker," "factory outlet," or words of similar meaning in its advertisements unless the seller's goods are actually manufactured by the seller or in factories owned or controlled by the seller. (3-31-22)
02.
Wholesaler
. Describe itself by using the terms "wholesaler," "wholesale outlet," "distributor," or words of similar meaning in its advertisements unless the seller actually owns and operates or directly and absolutely controls a wholesale or distribution facility which primarily sells goods to retailers for resale. A seller to which this provision applies may in addition be subject to CPR 66.03 and CPR 66.04 below. (3-31-22)
03.
Cost
. Use in connection with the advertising or sale of any goods or services, the terms "cost," "invoice price," "factory invoice," "factory billing," or terms of similar meaning or import or other representations that a good or service will be sold at, above, or below the seller's actual cost unless such is true. (3-31-22)
04.
Wholesale Prices
. State or imply that any goods or services are being offered at "wholesale" prices or to use a term of similar meaning unless the prices are in fact at or below the current prices which most retailers in the trade area usually and customarily pay when they buy such goods or services for resale. (3-31-22)
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 F - DECEPTIVE, COMPARATIVE, REFERENCE, AND WHOLESALE PRICING › Section 04.02.01.067 - LIMITED OFFERS

Current through August 31, 2023
It is an unfair and deceptive act or practice to offer goods or services by representations that the offer is "limited" unless the offer is in fact limited in duration or scope, or that the offer is an advance sale or introductory offer, and the seller in good faith expects to increase the price at a later date. (3-31-22)
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 F - DECEPTIVE, COMPARATIVE, REFERENCE, AND WHOLESALE PRICING › Section 04.02.01.068 - SUBSTANTIATION

Current through August 31, 2023
A seller shall keep records or other documentary proof for a period of two (2) years which establish and substantiate the price claims and comparisons made. Failure to do so shall create a rebuttable presumption that the seller lacked a reasonable basis for the claims and comparisons made. (3-31-22)
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 G - USE OF THE WORD "FREE" AND SIMILAR REPRESENTATIONS › Section 04.02.01.070 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to: (3-31-22)
01.
Free No Cost Offers
. Offer any goods or services as free, by use of the word "free" or other term of similar import, unless receipt of the free goods or services by a consumer is without added cost to the consumer; provided, however, that the consumer may be required to pay necessary delivery charges to the United States Post Office or a regulated public carrier if such fact is clearly and conspicuously disclosed in the offer and provided that the consumer may be required to purchase goods at their regular price as a precondition of entitlement to the free goods if such fact is readily apparent to a consumer acting reasonably under the circumstances or is clearly and conspicuously disclosed in the offer. (3-31-22)
02.
Free With Cost Offers
. Offer any goods or services as "free," "2 for 1," "1-cent Sale," or other term of similar import, if the seller increases the price of the base goods or services above their regular price or if the seller reduces the quality, quantity or size of the base goods or services. (3-31-22)
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 G - USE OF THE WORD "FREE" AND SIMILAR REPRESENTATIONS › Section 04.02.01.071 - TIE-IN SALES

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to offer any goods or services as free, by use of the word "free" or other term of similar import, if the seller fails to clearly and conspicuously disclose at the outset all terms, conditions, and obligations upon which receipt and retention of the free items are contingent. (3-31-22)
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 G - USE OF THE WORD "FREE" AND SIMILAR REPRESENTATIONS › Section 04.02.01.072 - CONDITIONAL OFFERS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to offer any goods or services as free, by use of the word "free" or other term of similar import, when the consumer is obligated to perform conditions which are not readily apparent to a consumer acting reasonably under the circumstances or are not clearly and conspicuously disclosed. (3-31-22)
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 G - USE OF THE WORD "FREE" AND SIMILAR REPRESENTATIONS › Section 04.02.01.073 - USE OF SIMILAR TERMS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to meet the provisions of subchapter G by substitution of such similar words and terms as "gift," "given without charge," "at no cost," "complimentary," "bonus," or other words or terms which tend to convey the impression to the consuming public that goods or services are free. (3-31-22)
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 G - USE OF THE WORD "FREE" AND SIMILAR REPRESENTATIONS › Section 04.02.01.074 - ASTERISKS

Current through August 31, 2023
For purposes of this rule, disclosure of the terms of the offer set forth in a footnote of an advertisement to which reference is made by an asterisk or other symbol placed next to the offer, does not constitute a clear and conspicuous disclosure at the outset. (3-31-22)
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 G - USE OF THE WORD "FREE" AND SIMILAR REPRESENTATIONS › Section 04.02.01.075 - DELIVERY CHARGES

Current through August 31, 2023
In all instances in which delivery charges, which include all shipping and handling charges, exceed ten dollars, pursuant to an offer subject to subchapter G, the total amount of such charges shall be clearly and conspicuously disclosed in the offer. Negative option membership plans operated in compliance with the Federal Trade Commission Rule on Use of Negative Option Plans by Sellers in Commerce (  16 C.F.R. Section 425  ) are exempt from the provisions of CPR 75. (3-31-22)
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 H - PROMOTIONAL GAMES AND ADVERTISING AND DECEPTIVE USE OF GIFTS › Section 04.02.01.080 - NO PURCHASE REQUIRED FOR CHANCE PROMOTIONS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to offer, initiate, promote, or solicit participation in any kind of game of chance, contest, sweepstakes, or promotion in which goods or services are distributed by random or chance selection that requires any kind of entry fee, service charge, purchase, payments to information providers, or other obligation in order to enter or participate in the promotion or receive any of the offered awards, prizes, or gifts. Those persons authorized by Title 67, Chapter 77, Idaho Code, to conduct bingo and raffle games for charitable purposes, if conducted in conformity with Title 67, Chapter 77, Idaho Code, and negative option membership plans operated in compliance with the Federal Trade Commission Rule on Use of Negative Option Plans by Sellers in Commerce (  16 C.F.R. Section 425  ) are exempt from CPR 80. (3-31-22)
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 H - PROMOTIONAL GAMES AND ADVERTISING AND DECEPTIVE USE OF GIFTS › Section 04.02.01.081 - DISCLOSURE REQUIREMENTS IN GIFT PROMOTIONS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to offer, in writing, any goods or services, without obligation, as an inducement to a consumer to attend an in-person sales presentation or contact the seller by telephone or by mail, but only if the seller follows up the consumer's mail contact with a telephone contact, unless the offer clearly and conspicuously discloses in writing all of the following: (3-31-22)
01.
Name and Address
. The name and street address of the seller of the goods or services which are the subject of the sales presentation or contact with the seller. If the offer is made by an independent contractor of the seller, or is made under a name other than the true name of the seller, the name of the seller shall be more prominently and conspicuously displayed than the name of the independent contractor or other name. (3-31-22)
02.
Purpose of Contact
. The purpose of the requested sales presentation or contact with the seller, which shall include a general description of the goods or services that are the subject of the sales presentation and a clear statement, if applicable, that there will be a sales presentation and the approximate duration of the sales presentation. (3-31-22)
03.
Odds
. If the consumer is not assured of receiving any particular good or service, a statement of the odds of receiving each good or service offered. The odds "100,000" or "1:100,000." The odds shall be printed in a type size that is at least equal to that used for the standard text on the front (or first) page of the offer. (3-31-22)
04.
Conditions
. All restrictions, qualifications, and other conditions that must be satisfied before the consumer is entitled to receive the good or service, including but not limited to: (3-31-22)
a. Any deadline by which the consumer must attend the sales presentation or contact the seller in order to receive the good or service; and (3-31-22)
b. Any other conditions, such as a minimum age qualification, a financial qualification, or a requirement that if the consumer is married both husband and wife must be present in order to receive the good or service. Any financial qualifications shall be stated with specificity sufficient to enable the person to reasonably determine his or her eligibility; (3-31-22)
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 H - PROMOTIONAL GAMES AND ADVERTISING AND DECEPTIVE USE OF GIFTS › Section 04.02.01.082 - MISLEADING OFFERS

Current through August 31, 2023
It is an unfair and deceptive act or practice for any seller making an offer subject to Subchapter H to: (3-31-22)
01.
Misrepresent Goods or Services
. Misrepresent the size, availability, quantity, identity, value, or qualities of any good or service. (3-31-22)
02.
Misrepresent Odds
. Misrepresent in any manner the odds of receiving any particular good or service. (3-31-22)
03.
Specially Selected
. Represent directly or by implication that the number of participants has been significantly limited or that any consumer has been specially selected to receive a particular good or service unless that is the fact. (3-31-22)
04.
Labeling Offers
. Label any offer a notice of termination or notice of cancellation. (3-31-22)
05.
Misrepresent Offer
. Misrepresent, in any manner, the offer, plan, program, or the affiliation, connection, association, or contractual relationship between the person making the offer and the owner, if they are not the same. (3-31-22)
06.
Tendency to Mislead
. Use publications, literature, or any written or verbal promotion that has the capacity, tendency, or effect of misleading or deceiving a consumer acting reasonably under the circumstances. (3-31-22)
07.
Fail to Deliver
. Fail to deliver the good or service to the consumer, at no expense to him or her, within ten (10) business days of the date of the initial contact by the seller to the consumer. Negative option membership plans operated in compliance with the Federal Trade Commission Rule on Use of Negative Option Plans by Sellers in Commerce (  16 C.F.R. Section 425  ) are exempt from CPR 82.07. (3-31-22)
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 I - GOING-OUT-OF-BUSINESS SALES › Section 04.02.01.090 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to advertise a going-out-of-business sale, unless the circumstances are in fact true and the going-out-of-business sale prices for goods or services are in fact lower than the regular prices of such goods or services. (3-31-22)
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 I - GOING-OUT-OF-BUSINESS SALES › Section 04.02.01.091 - INFLATING INVENTORY

Current through August 31, 2023
No goods may be ordered for, or in anticipation of, a going-out-of-business sale, except in accordance with sound commercial practices. For example, it would be considered commercially sound to order a dryer that matches an existing washing machine. For purposes of subchapter I, all goods ordered within thirty (30) days prior to the beginning of a going-out-of-business sale shall create a rebuttable presumption that such goods were ordered in anticipation of a going-out-of-business sale. (3-31-22)
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 J - INSUFFICIENT SUPPLY/LIMITATION ON QUANTITY › Section 04.02.01.100 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to advertise goods or services with intent not to have sufficient quantity of the goods, or sufficient facilities to render the services, to satisfy reasonably expected public demand unless the quantity is clearly and conspicuously advertised as limited. (3-31-22)
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 J - INSUFFICIENT SUPPLY/LIMITATION ON QUANTITY › Section 04.02.01.101 - RAIN CHECKS

Current through August 31, 2023
If the seller issues rain checks for goods for which the advertisement does not clearly and conspicuously disclose that quantities are limited, such "rain checks" will be considered a mitigating circumstance, unless there is a pattern of inadequate inventory, or the inadequate inventory was intentional. (3-31-22)
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 J - INSUFFICIENT SUPPLY/LIMITATION ON QUANTITY › Section 04.02.01.102 - SUBSTITUTE GOODS

Current through August 31, 2023
If the seller offers comparable or better goods at the sale price, such practice will be considered a mitigating circumstance, unless there is a pattern of inadequate inventory, or the inadequate inventory was intentional. (3-31-22)
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 J - INSUFFICIENT SUPPLY/LIMITATION ON QUANTITY › Section 04.02.01.103 - DETERMINATION OF REASONABLY EXPECTED PUBLIC DEMAND

Current through August 31, 2023
Reasonably expected public demand shall be construed with respect to the following factors: (3-31-22)
01.
Records of Past Sales
. The record of past sales by a seller. (3-31-22)
02.
Price Reduction
. The amount of price reduction, if any, and quality of goods or services offered. (3-31-22)
03.
Advertising Scope
. The extent of advertising engaged in regarding the sale of goods or services and duration of the sale as advertised. (3-31-22)
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 K - DISCLOSURE OF PRIOR USE › Section 04.02.01.110 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to represent, directly or indirectly, that goods are new or unused, or that any part of a good is new or unused, if such is not in fact true, or to misrepresent the extent of previous use of goods. (3-31-22)
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 K - DISCLOSURE OF PRIOR USE › Section 04.02.01.111 - DISCLOSURE REQUIRED

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to advertise, offer for sale, or sell any goods, as new goods, which are used, or contain used parts, are rebuilt, remanufactured, reconditioned, or contain rebuilt, remanufactured, or reconditioned parts, if such is not in fact true, unless clear and conspicuous disclosure of such characteristics or attributes is made to the consumer prior to the sale. There is a rebuttable presumption that a seller offers or advertises goods as new goods, unless clear and conspicuous disclosure to the contrary is provided. (3-31-22)
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 K - DISCLOSURE OF PRIOR USE › Section 04.02.01.112 - ACCEPTABLE DISCLOSURES

Current through August 31, 2023
The disclosure that goods have been used or contains used parts as required by CPR 111, may be made by use of a word or words such as, but not limited to, "used," "second hand," "demonstrator," "repossessed," "repaired," "remanufactured," "reconditioned," or "rebuilt," etc., whichever is applicable to the product involved. (3-31-22)
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 K - DISCLOSURE OF PRIOR USE › Section 04.02.01.113 - RETURNED GOODS

Current through August 31, 2023
Goods are not considered used if a prior consumer was given a full refund or exchange for the goods, in the normal course of business, and if the goods are not known to presently or formerly have defects. (3-31-22)
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 L - ESTIMATES › Section 04.02.01.120 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice in connection with the furnishing of any repairs or improvements to goods, and in any rendering of services, for a seller to unreasonably understate or misstate the estimated price, whether such estimate be oral or written, or whether such estimate be formal or indirect; provided, however, that nothing herein shall be construed to require that an estimate actually be furnished. (3-31-22)
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 L - ESTIMATES › Section 04.02.01.121 - UNFORESEEABLE CONDITIONS

Current through August 31, 2023
If an estimate is given, it is an unfair and deceptive act or practice for a seller to fail to obtain oral or written authorization in advance of performing additional and related, unforeseen, but necessary, repairs or improvements or services if such repairs, improvements, or services would unreasonably increase the originally estimated price. (3-31-22)
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 L - ESTIMATES › Section 04.02.01.122 - EXPRESS LIMITED AUTHORIZATION

Current through August 31, 2023
When a person expressly limits the authorized price of any repairs, improvements, or services, it is an unfair and deceptive act or practice for a seller to exceed such authorization without first obtaining the express oral or written consent of such person. (3-31-22)
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 M - REPAIRS AND IMPROVEMENTS › Section 04.02.01.130 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to: (3-31-22)
01.
Necessity of Repairs
. Represent that repairs or improvements are necessary when such is not the fact or perform and charge for unnecessary repairs. (3-31-22)
02.
Completion of Repairs
. Represent that repairs or improvements have been made when such is not the fact. (3-31-22)
03.
Misrepresent Danger
. Represent that the goods being inspected or diagnosed are in a dangerous condition or that the person's continued use of the goods may be harmful when such is not the fact. (3-31-22)
04.
Liens
. Wrongfully permit, by action or inaction, any mechanic's or materialmen's lien, or any other lien, to be filed or perfected against goods being repaired or improved, or wrongfully retain possession of the subject goods, when the owner or consumer has tendered payment in full or has tendered payment in accordance with the contract authorizing the repair or improvement. (3-31-22)
05.
Model Jobs
. In the case of any improvement to real property, represent falsely that the improvement is to serve as a "model" or "advertising job" or similarly mislead the consumer that a price reduction or other compensation will be received by reason of such real property improvement. (3-31-22)
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 M - REPAIRS AND IMPROVEMENTS › Section 04.02.01.131 - ITEMIZED BILLING

Current through August 31, 2023
Unless there is an express contract setting forth a lump-sum basis for compensation, it is an unfair and deceptive act or practice for a seller to fail to provide, upon specific request, one itemized billing, statement, or copy of a work order, which includes: (3-31-22)
01.
Labor Charges
. Labor charges, designating the number of hours and the rate per hour; or designating the flat rate labor charge or job rate if such repairs or improvements are customarily done and billed on a flat rate labor charge or job rate price basis; or, when a minimum charge is imposed, designating that fact. (3-31-22)
02.
Parts and Materials
. Parts and materials, designating each item that is separately included in calculating the total billing, and designating whether such parts or materials are used or rebuilt. (3-31-22)
03.
Other Charges
. Miscellaneous charges, designating the reason for the charge and the basis for calculation of the charge. (3-31-22)
04.
Unit Pricing
. Alternatively, where the agreement sets forth a price per unit, then the number of units being billed at that price. For example, a contract provides for carpeting and installation at ten dollars ($10) per yard. The itemized billing would state "92 yards carpeting at $10 per yard equals $920." (3-31-22)
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 M - REPAIRS AND IMPROVEMENTS › Section 04.02.01.132 - OLD OR REPLACED PARTS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to: (3-31-22)
01.
Inspection
. Fail, upon request, to return or allow inspection of old or replaced parts upon completion of repairs or improvements. (3-31-22)
02.
Retaining Old Parts
. Retain old or replaced parts for reuse or resale, after request has been made for their return, unless such retention is made known to the consumer prior to performing any repairs or improvements, or unless the seller is able to demonstrate that he had made a bona fide price reduction for the newly installed parts in consideration for keeping the old or replaced parts, or unless the replacement was made under a warranty. (3-31-22)
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 N - TIME OF DELIVERY OR PERFORMANCE INCLUDING MAIL ORDER SALES › Section 04.02.01.140 - GENERAL RULE

Current through August 31, 2023
In connection with any sale, except mail order sales, it is an unfair and deceptive act or practice for a seller to: (3-31-22)
01.
Promising Delivery
. Offer or promise prompt delivery or performance unless, at the time of the offer or promise, the seller has taken reasonable action to ensure such prompt delivery or performance. (3-31-22)
02.
Failure to Deliver
. Fail to deliver goods or perform services, which have been ordered in person or otherwise, within a reasonable time following a specified delivery or performance date or within a reasonable time following the receipt of payment, unless the seller can show circumstances beyond his control and not within his knowledge at the time the order was accepted which prevented the seller from meeting the specified delivery date, and unless the seller can further show that he has given timely notice to the consumer of any such delay. (3-31-22)
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 N - TIME OF DELIVERY OR PERFORMANCE INCLUDING MAIL ORDER SALES › Section 04.02.01.141 - MAIL ORDER SALES

Current through August 31, 2023
In connection with any mail order sale, pursuant to CPR 33, it is an unfair and deceptive act or practice for a seller to fail to comply with the provisions of the Federal Trade Commission Rule on Mail Order Merchandise (  16 C.F.R. 435  ). (3-31-22)
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 O - LAY-AWAY PLANS › Section 04.02.01.150 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller, in conjunction with a lay-away transaction, to: (3-31-22)
01.
Misrepresent Lay-Away Policies
. Misrepresent, in any way, the seller's policy with reference to a lay-away plan. (3-31-22)
02.
Failure to Lay Aside Goods
. Fail to actually lay aside the specific goods chosen by the consumer or exact duplicates, unless a clear and conspicuous disclosure to the contrary is made to the consumer. (3-31-22)
03.
Lay-Away Time Periods
. Fail to clearly and conspicuously disclose to the consumer that the specified goods or exact duplicates will be set aside only for a certain period of time, if such is the case. (3-31-22)
04.
Duplicates
. Deliver to the consumer after payments are completed, goods that are not identical or exact duplicates to those specified, unless informed, mutual consent has been obtained. (3-31-22)
05.
Increase Price
. Increase the price of the goods laid away after the original agreement has been made. (3-31-22)
06.
Failure to Deliver
. Fail to deliver to the consumer, upon request, at any time payment is made, a receipt showing the amount of that payment and the date thereof and, upon request, an itemized statement showing the amount previously paid and the amount still owing. (3-31-22)
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 O - LAY-AWAY PLANS › Section 04.02.01.151 - REFUNDS OF LAY-AWAY PAYMENTS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to fail to clearly and conspicuously disclose, or to misrepresent in any manner: (3-31-22)
01.
Possible Default or Cancellation
. The seller's policy with reference to the consumer's possible default or cancellation. (3-31-22)
02.
Refund Policy
. The seller's policy with respect to refund of payments made prior to the consumer's default or cancellation. (3-31-22)
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 O - LAY-AWAY PLANS › Section 04.02.01.152 - FORFEITURE AND DEFAULT

Current through August 31, 2023
If there is a penalty, charge or forfeiture for cancellation or default, written disclosure must be clearly and conspicuously furnished on the initial lay-away receipt and clearly and conspicuously posted at the lay-away desk. (3-31-22)
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 P - UNFAIR SOLICITATION PRACTICES AT OTHER THAN TRADE PREMISES › Section 04.02.01.160 - DISCLOSURE REQUIREMENTS

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller 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 seller initially contacts the consumer, and before making any other statement, except a greeting, or asking the consumer any other questions, that the purpose of the contact is to effect a sale, by doing all of the following: (3-31-22)
01.
Solicitor's Identity
. Stating the identity of the person making the solicitation. (3-31-22)
02.
Trade Name of Seller
. Stating the trade name of the seller represented by the person making the solicitation. (3-31-22)
03.
Types of Goods or Services Offered
. Stating the kind of goods or services being offered for sale. (3-31-22)
04.
In-Person Contact
. In the case of an "in person" contact, the seller making the solicitation shall, in addition to orally revealing the above information, show or display identification which states: (3-31-22)
a. The identity of the person making the solicitation; (3-31-22)
b. The trade name of the seller represented by the person making the solicitation; and (3-31-22)
c. The address of the place of business of one of such persons so identified. (3-31-22)
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 P - UNFAIR SOLICITATION PRACTICES AT OTHER THAN TRADE PREMISES › Section 04.02.01.161 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller, in soliciting a sale or order for the sale of goods or services, either in person or by telephone, at other than appropriate trade premises, to: (3-31-22)
01.
Misleading Plan
. Use any plan, scheme, or ruse which misrepresents his true identity or purpose. (3-31-22)
02.
Representations with Capacity to Mislead
. Use any representations which have the capacity, tendency, or effect of misleading or deceiving a consumer acting reasonably under the circumstances in order to induce a sale, rental, lease, or order for the sale, rental, or lease of goods or services. (3-31-22)
03.
Leaving Premises
. Fail to promptly leave the premises at which a sales solicitation or presentation is made when the consumer has indicated he does not wish to buy, lease, rent, or order the offered goods or services, or has requested that the person leave the premises. (3-31-22)
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 P - UNFAIR SOLICITATION PRACTICES AT OTHER THAN TRADE PREMISES › Section 04.02.01.162 - PROHIBITED PRACTICES

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller: (3-31-22)
01.
Misrepresentations About How or Why Consumer Selected
. In soliciting a sale or order for the sale of goods or services, either in person or by telephone, at other than appropriate trade premises, to: (3-31-22)
a. Represent that the seller making the solicitation is making an offer to specially selected persons or that the consumer has been specifically selected, unless the selection process is designed to reach a particular type or types of persons; or (3-31-22)
b. Represent that the seller making the solicitation is conducting a survey, test, or research project, or is engaged in a contest or other venture to win a cash award, scholarship, vacation, or similar prize, if in fact the principal purpose or objective is to make a sale of goods or services or to obtain information to help identify sales prospects. (3-31-22)
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 P - UNFAIR SOLICITATION PRACTICES AT OTHER THAN TRADE PREMISES › Section 04.02.01.163 - MAIL ORDER AND CATALOG SALES

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller engaged in trade and commerce at other than appropriate trade premises, 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. (3-31-22)
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 P - UNFAIR SOLICITATION PRACTICES AT OTHER THAN TRADE PREMISES › Section 04.02.01.164 - APPLICATION OF OTHER RULES

Current through August 31, 2023
Pursuant to CPR 5, subchapter P is not intended to contain the only rules governing solicitations or transactions occurring at other than appropriate trade premises. (3-31-22)
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 S - PYRAMID AND CHAIN DISTRIBUTION SCHEMES › Section 04.02.01.190 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to promote, offer, advertise, or grant participation in a pyramid or chain distribution scheme. (3-31-22)
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 S - PYRAMID AND CHAIN DISTRIBUTION SCHEMES › Section 04.02.01.191 - PURPORTED LIMITATIONS

Current through August 31, 2023
A limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility, or the fact that, in addition to the right to receive consideration for participation in the marketing plan, a person introduced into the plan actually receives something of value, does not, in and of itself, change the character of the marketing plan as a chain or pyramid distribution scheme. (3-31-22)
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 S - PYRAMID AND CHAIN DISTRIBUTION SCHEMES › Section 04.02.01.192 - FACTORS

Current through August 31, 2023
In determining whether a promotion is a pyramid or chain distribution scheme, the following factors, among others, may be considered: (3-31-22)
01.
Amount of Fees
. Whether a substantial fee is required for entry and continued participation in the promotion. Requirement of a substantial fee suggests that the promotion is an unlawful pyramid or chain distribution scheme. (3-31-22)
02.
Refund Policies
. Whether the purchase of nonrefundable goods is required for entry and continued participation in the promotion or whether a consumer's right to a refund is subject to significant restrictions. Requirement of such purchase or purchases or significant restrictions placed on a consumer's right to obtain a refund suggests that the promotion is an unlawful pyramid or chain distribution scheme. (3-31-22)
03.
Plan's Primary Focus
. Whether the primary focus of the promotion is the opportunity for financial gain through the recruitment of more participants, not the sale of goods or services. Marketing programs based primarily upon the recruitment of other participants suggest that the promotion is an unlawful pyramid or chain distribution scheme. (3-31-22)
04.
Price of Goods
. Whether the goods, if any, for which the promotion allegedly exists to distribute, are inflated in price. An inflated price for the goods suggests that the promotion is an unlawful pyramid or chain distribution scheme. (3-31-22)
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 T - LOAN BROKER FEES › Section 04.02.01.200 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a loan broker to: (3-31-22)
01.
Prohibited Practices
. Directly or indirectly receive any fee, interest, or other charge of any nature, including, but not limited to, payments to information providers, from a consumer until a loan or extension of credit is made to the consumer or a written commitment to loan or extend credit is delivered to the consumer by an exempt loan broker. (3-31-22)
02.
Qualifying for a Loan
. Advertise that all or most consumers or that consumers with bad credit or no credit histories will qualify for a loan. (3-31-22)
03.
Conditions of Loan
. Advertise loan brokering services without clearly and conspicuously disclosing any material restrictions regarding obtaining a loan, the cost of the service, and the maximum period of time the loan broker will take to arrange or make the loan to the consumer. (3-31-22)
04.
Written Disclosure
. Fail to provide the consumer a written contract with the following information contained therein: (3-31-22)
a. The name, street address, and telephone number of the loan broker; (3-31-22)
b. The maximum period of time the loan broker will take to arrange or make the loan to the consumer; and (3-31-22)
c. The following statement in at least ten point, bold face type in immediate proximity to the space reserved in the contract for the signature of the consumer:
YOU THE CONSUMER ARE UNDER NO OBLIGATION TO PAY ANY FEE OR CHARGE OF ANY NATURE UNLESS AND UNTIL YOU RECEIVE THE MONEY FROM THE LOAN APPLIED FOR OR A WRITTEN COMMITMENT TO LOAN OR EXTEND CREDIT FROM A QUALIFIED LENDING INSTITUTION AS DEFINED BY IDAHO CONSUMER PROTECTION RULE  20.25, CODIFIED AT IDAPA 04.02.01.020.25. (3-31-22)
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 T - LOAN BROKER FEES › Section 04.02.01.201 - EXCEPTIONS

Current through August 31, 2023
CPR 200 does not apply to fees and charges authorized by the laws of the state of Idaho or the laws of the United States if the maximum charge and the manner of collecting the charge are set out in the law or in the rule or regulation adopted under law. (3-31-22)
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 U - PRESERVATION OF CONSUMERS' CLAIMS AND DEFENSES (HOLDER IN DUE COURSE) › Section 04.02.01.210 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller, directly or indirectly, to: (3-31-22)
01.
Accept Contract Without Written Notice
. Take or receive a consumer credit contract which fails to contain the following statement in at least ten (10) point, bold face type:
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. (3-31-22)
02.
Accept Monies Without Written Notice
. Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan, unless any consumer credit contract made in connection with such purchase money loan contains the following statement in at least ten point, bold face type:
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. (3-31-22)
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 U - PRESERVATION OF CONSUMERS' CLAIMS AND DEFENSES (HOLDER IN DUE COURSE) › Section 04.02.01.211. - 219 - RESERVED

Current through August 31, 2023
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 V - UNORDERED GOODS OR SERVICES › Section 04.02.01.220 - GENERAL RULE

Current through August 31, 2023
It is an unfair and deceptive act or practice for a seller to: (3-31-22)
01.
Send or Provide Unordered Goods or Services
. Send or provide to a consumer unordered goods or services. (3-31-22)
02.
Bills
. Send any bill to a consumer for unordered goods or services. (3-31-22)
03.
Delay or Disrupt Goods or Services
. Interrupt, delay, terminate, cancel, or deny delivery of or other provision of goods or services to a consumer because the consumer has not paid for or returned the unordered goods or services. (3-31-22)
04.
Requiring Consumer Consent
. Require a consumer to consent or authorize the receipt of or provision for unordered goods or services as a condition of doing business with the person. (3-31-22)
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 W - AUTOMOBILE ADVERTISING AND SALES › Section 04.02.01.230 - OBJECTIVE

Current through August 31, 2023
It is the objective of subchapter W to implement the intent of the legislature as declared in Section  48-601, Idaho Code, by furthering truthful and accurate advertising and sales practices for the benefit of the citizens and motor vehicle dealers of this state by providing for motor vehicle advertising and sales rules applicable to motor vehicle dealers. (3-31-22)
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 W - AUTOMOBILE ADVERTISING AND SALES › Section 04.02.01.231 - APPLICATION OF OTHER RULES

Current through August 31, 2023
Pursuant to CPR 5, subchapter W is not intended to contain the only rules governing automobile advertising and sales practices. (3-31-22)
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 W - AUTOMOBILE ADVERTISING AND SALES › Section 04.02.01.232 - GENERAL ADVERTISING PRACTICES

Current through August 31, 2023
The following are unfair and deceptive advertising practices: (3-31-22)
01.
Clear and Conspicuous Disclosure of Material Terms
. The advertising of any motor vehicle for sale, lease, rent without clearly and conspicuously disclosing all material terms and conditions relating to the offer. Material terms include those without which the advertisement would have the capacity, tendency, or effect of misleading or deceiving consumers acting reasonably under the circumstances. (3-31-22)
02.
Footnotes and Asterisks
. Use of one (1) or more disclosures by footnote or asterisk which alone or in combination confuse, contradict, materially modify, or unreasonably limit a principal message of the advertisement. (3-31-22)
03.
Print Size
. Use of any print in type size so small as to be not readily noticeable. An advertisement is misleading if important disclosures made therein are relegated to small print and inconspicuously buried at the bottom of the page. (3-31-22)
04.
Photographs and Illustrations
. Use of inaccurate photographs or illustrations when describing specific automobiles. For example, advertising a fully-loaded car when the ad actually refers to a minimally-equipped automobile in text. (3-31-22)
05.
Color Contrasts
. Use of color contrasts which render the text confusing or difficult to read. (3-31-22)
06.
Abbreviations
. Advertising with abbreviations which are not commonly understood by the general public (e.g., abbreviations commonly understood--AC, AM/FM, AUTO, AIR, 2DR, CYL Dealer's Doc Fee, MSRP, and OAC) unless approved by federal or state law (e.g., terms allowed by the federal Truth in Lending Act,  15 U.S.C. Section 1601  et seq., such as "APR"). (3-31-22)
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 W - AUTOMOBILE ADVERTISING AND SALES › Section 04.02.01.233 - PRICE ADVERTISING

Current through August 31, 2023
It is an unfair and deceptive act or practice for a dealer to: (3-31-22)
01.
Advertised Price
. Advertise the price of a motor vehicle without including in the advertised price all costs to the consumer at the time of sale, or which are necessary or usual prior to delivery of such vehicle to the consumer, including without limitation, any costs of freight, delivery, dealer preparation, and any other charges of any nature; provided, however, the following may be excluded from the advertised price of the motor vehicle: (3-31-22)
a. Taxes, license, and title fees; and (3-31-22)
b. A dealer documentation service fee, as defined herein, so long as the advertisement clearly and conspicuously discloses, in close proximity to the advertised price, the amount of such fee and that the fee is a dealer imposed fee; i.e. PRICE DOES NOT INCLUDE $_____(insert actual amount charged for dealer documentation service fee) DEALER DOC FEE. (3-31-22)
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 W - AUTOMOBILE ADVERTISING AND SALES › Section 04.02.01.234 - OTHER ADVERTISING PRACTICES

Current through August 31, 2023
It is an unfair and deceptive act or practice for a dealer to: (3-31-22)
01.
Demonstrator Vehicles
. Advertise any demonstrator vehicle without clearly and conspicuously disclosing: (3-31-22)
a. The year, make, and model of the motor vehicle; and (3-31-22)
b. That the motor vehicle is a "demonstrator" or has been previously driven. (3-31-22)