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.]
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.