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 […]
48-1002. DEFINITIONS. In this chapter: (1) "Business days" means all days of the week except Saturdays and Sundays and all other legal holidays as defined in section 73-108, Idaho Code. (2) "Conducting business" means making telephone solicitations either to or from locations within the state of Idaho. (3) "Established business relationship" means a relationship that: […]
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, […]
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. […]
48-1003B. CONSENT REQUIRED FOR TELEMARKETING CHARGES TO PREVIOUSLY OBTAINED ACCOUNTS. (1) As used in this section: (a) "Account" means a credit card, debit card, checking account, savings account, loan account, telephone service account, utility account or other similar account. (b) "Account holder" means a consumer who owns an account, or a consumer who has authority […]
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 […]
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 […]
48-1005. EXEMPTIONS. (1) The following telephone solicitors are exempt from the provisions of section 48-1004, Idaho Code: (a) A person engaging in telephone solicitations where: (i) The solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature; or (ii) Less than sixty percent (60%) of […]
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 […]
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 […]
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 […]
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 […]
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 […]
