Legal Definitions - Idaho

In the context of consumer protection, "Idaho" refers to a set of state laws designed to safeguard consumers from deceptive, unfair, or unwanted commercial practices. These laws cover various aspects of commerce, including unsolicited electronic mail (spam), telemarketing, and general unlawful trade practices.

• Idaho Unfair Bulk Electronic Mail Practices Act: This specific law targets the sending of unsolicited commercial emails, commonly known as "spam." It is an amendment to the broader Idaho Consumer Protection Act and provides individuals with the ability to take legal action if they receive commercial emails that violate its provisions, such as those with misleading subject lines, false sender information, or a lack of clear unsubscribe options.
• Idaho Telephone Solicitation Act: This act regulates how businesses can contact consumers by phone for sales purposes (telemarketing). It sets rules for these calls, aiming to protect consumers from unwanted or deceptive solicitations, including requirements for identifying the caller, respecting "do not call" requests, and prohibiting certain misleading tactics.
• Idaho Consumer Protection Act of 1971: This is the foundational and most comprehensive law that broadly prohibits unfair methods of competition and unfair or deceptive acts or practices in trade or commerce within Idaho. The other acts mentioned often serve as specific applications or amendments to this overarching consumer protection framework, addressing particular types of commercial misconduct.

Examples:

• Example 1 (Commercial Email and Spam): A person receives an email advertising a "free vacation" that requires them to attend a high-pressure sales presentation. The email's subject line is "Your Account Update," making it seem like an official notification, and there's no visible way to unsubscribe. The sender's address is listed as a P.O. Box in a different state, making it difficult to identify the actual company.

  How it illustrates the term: This scenario directly relates to the Idaho Unfair Bulk Electronic Mail Practices Act. The email is unsolicited commercial communication (spam) that uses a misleading subject line and lacks clear sender identification and an unsubscribe option, all of which are practices regulated and potentially prohibited by this Act.

• Example 2 (Telemarketing and Telephonic Anti-Solicitation): A retired individual, who is registered on the national Do Not Call Registry, repeatedly receives phone calls from a company selling home security systems. Despite asking them to stop calling multiple times, the calls continue, sometimes late in the evening. The callers also make exaggerated claims about local crime rates to pressure the individual into buying a system.

  How it illustrates the term: This situation falls under the Idaho Telephone Solicitation Act. The company is engaging in telemarketing practices that likely violate the act by calling someone on the Do Not Call Registry, continuing calls after a cease request, and potentially using deceptive or high-pressure tactics, all of which are regulated by this law.

• Example 3 (Unlawful Trade Practices): A car dealership advertises a "guaranteed lowest price" on a specific model of SUV. However, when customers visit the dealership, they find that the advertised price only applies if they finance through the dealership at a significantly higher interest rate than available elsewhere, and it also requires purchasing several expensive add-ons that were not mentioned in the advertisement.

  How it illustrates the term: This scenario is covered by the Idaho Consumer Protection Act of 1971. The dealership's advertising is deceptive because the "guaranteed lowest price" comes with hidden conditions and additional costs, making the initial claim misleading. This type of unfair or deceptive trade practice is precisely what the Act aims to prevent to protect consumers.