About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2014 Guidelines Idaho Attorney General Reports and Opinions 1 (2014)

handle is hein.sag/sagid0091 and id is 1 raw text is: STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN April 16, 2014 The Honorable Jason Monks Idaho State Representative 1002 W. Washington Dr. Meridian, ID 83642 THIS CORRESPONDENCE IS A LEGAL GUIDELINE OF THE ATTORNEY GENERAL SUBMITTED FOR YOUR GUIDANCE Re: The Idaho Unfair Sales Act Dear Representative Monks: You have asked the Attorney General for information regarding the Idaho Unfair Sales Act, Idaho Code § 48-401, et seq. (the Act). Specifically, you have asked whether there is separate Idaho law addressing the issues of below cost pricing and deceptive advertising should the Act be repealed. This letter will first provide an overview of the Act and its history. Thereafter, it will address remaining available Idaho law regarding below cost sales and deceptive advertising, should the Act be repealed. I. UNFAIR SALES ACT BACKGROUND A. Legislative History of the Unfair Sales Act The Unfair Sales Act was originally enacted by the Legislature in 1939. See 1939 Idaho Sess. Laws 427-431. The Act, among other things, declared the practice of selling certain items of merchandise below cost in order to attract patronage to be a deceptive form of advertising and an unfair method of competition in that it tends to create a monopoly in commerce. See Idaho Code § 48-404. The Act also prohibits deceptive advertising. Idaho Code § 48-412. The Act made it (and still does) a misdemeanor to sell goods below cost and authorized civil actions for injunctive relief and damages against below-cost sellers. See Idaho Code §§ 48-405 and 48- 406. The original Act placed the duty of prosecuting violators on each county's prosecuting Consumer Protection Division P.O. Box 83720, Boise, Idaho 83720-0010 Located at 954 W Jefferson, 2nd Floor Telephone: (208) 334-2424, FAX: (208) 334-4151 (800) 432-3545, Toll Free in Idaho: TDD Accessible

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most