Idaho: consumer-protection statute
Consumer Protection Act — Idaho Code § 48-601 et seq.
Statute-text comparison only, not legal advice. Verify against the current official code.
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Private right of action
Whether a person may bring a civil action under the statute.
Yes - consumer may bring an action to recover actual damages or $1,000, whichever is greater
48-608
may bring an action to recover actual damages or one thousand dollars ($1,000), whichever is the greater
Actual damages
Recovery for the loss a person actually suffered.
Consumer may recover actual damages
48-608
may bring an action to recover actual damages or one thousand dollars ($1,000), whichever is the greater
Statutory minimum damages
A stated minimum or fixed amount of damages.
$1,000
48-608
may bring an action to recover actual damages or one thousand dollars ($1,000), whichever is the greater
Multiple or punitive damages
Damages multiplied or increased to punish unlawful conduct.
The court may, in its discretion, award punitive damages
48-608
The court may, in its discretion, award punitive damages
Attorney fees
Rules for recovering the cost of legal representation.
To prevailing plaintiff, mandatory; to prevailing defendant, discretionary
48-608
the court shall award, in addition to the relief provided in this section, reasonable attorney's fees to the plaintiff if he prevails
Notice or demand before suit
Notice or a demand that must be sent before bringing an action.
AG must give written notice before proceedings unless impaired by delay
48-606
he shall, before initiating any legal proceedings as provided in this section, give notice in writing that such proceedings are contemplated
Class action limits
Restrictions on bringing claims on behalf of a class.
Class may recover actual damages or total not exceeding $1,000, whichever is greater
48-608
in the case of a class action, the class may bring an action for actual damages or a total for the class that may not exceed one thousand dollars ($1,000)
FTC interpretation clause
Directions to consider FTC or federal interpretations when applying the statute.
Due consideration and great weight to FTC and federal court interpretations
48-604
due consideration and great weight shall be given to the interpretation of the federal trade commission and the federal courts
Time limit for a claim
The period in which an action must be brought.
Two (2) years
48-619
No private action may be brought under this act more than two (2) years after the cause of action accrues
Injunctive relief
Court orders requiring conduct to stop or change.
Available - person or class may seek order enjoining unlawful practices
48-608
Any such person or class may also seek restitution, an order enjoining the use or employment of methods, acts or practices declared unlawful
Attorney general civil penalties
Civil monetary penalties sought by the attorney general.
Up to $5,000 per violation
48-606
To recover from the alleged violator civil penalties of up to five thousand dollars ($5,000) per violation