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Idaho Deceptive Trade Practices Laws

Retailers and manufacturers make all sorts of claims to get people to buy their products or services, often exaggerating their benefits just a bit. But when companies go out of their way to deceive consumers through outright lies (as opposed to "suggestions") and other dirty tricks, they may run afoul of federal and state deceptive trade practice laws. Trade practices considered "deceptive" and thus prohibited by most state laws include odometer tampering, the use of "bait and switch" advertising tactics, and false advertising. Usually state attorneys general bring claims against businesses on behalf of aggrieved consumers, but sometimes deceptive trade practices are punishable in criminal courts.

Idaho Deceptive Trade Practice Laws at a Glance

The Idaho Consumer Protection Act covers the same types of acts prohibited by other states, including the selling of used items as new and misrepresenting the facts with regard to a competitor's products or services. Private individuals as well as the state may bring suit for violations.

More details of Idaho's deceptive trade practices statute can be found in the following chart. See FindLaw's Consumer Transactions section for related articles.

Uniform Deceptive Trade Practices Act Adopted Yes (§48-601) Idaho Consumer Protection Act
False Advertising Forbidden Yes (48-603)
Who May Bring Suit State (48-606); private party (48-608)
Remedies Available Declaratory judgment, enjoining practices, specific performance, civil penalties up to $5,000, recover reasonable costs, investigative expenses, and attorney's fees (48-606 and 607); in private action recover actual damages or $1,000 whichever is greater, costs, and attorney's fees (48-608).
Auto Odometer Tampering Forbidden Yes (§49-1629); purchaser of vehicle could bring action and recover court costs and attorney's fees (49-1630)
Additional Prohibited Acts
  • Passing off goods or services as those of another
  • Using deceptive measures to cause confusion about the origin of a product
  • Selling used or blemished products as new or unblemished
  • Disparaging the goods, services, or business of another by false or misleading representation of fact
  • Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity ("bait and switch")

Note: State laws are always subject to change through the enactment of newly signed legislation, decisions from appellate courts, or other means. You may want to contact an Idaho consumer protection attorney or business lawyer, or conduct your own legal research to verify the state law(s) you are researching.

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