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.]
Structure Idaho Code
Title 48 - MONOPOLIES AND TRADE PRACTICES
Chapter 10 - IDAHO TELEPHONE SOLICITATION ACT
Section 48-1001 - LEGISLATIVE FINDINGS AND INTENT.
Section 48-1002 - DEFINITIONS.
Section 48-1003 - UNLAWFUL ACTS.
Section 48-1003A - NO TELEPHONE SOLICITATION CONTACT LIST.
Section 48-1003B - CONSENT REQUIRED FOR TELEMARKETING CHARGES TO PREVIOUSLY OBTAINED ACCOUNTS.
Section 48-1003C - AUTOMATIC DIALING-ANNOUNCING DEVICE.
Section 48-1004 - TELEPHONE SOLICITOR DUTIES.
Section 48-1006 - AUTHORITY OF THE ATTORNEY GENERAL AND DISTRICT COURT.
Section 48-1007 - PRIVATE CAUSES OF ACTION AND REMEDIES.
Section 48-1008 - LIABILITY OF MINORS.
Section 48-1009 - CONSUMER NOTIFICATION — RULE MAKING BY THE IDAHO PUBLIC UTILITIES COMMISSION.