|State||2013 Statute Number||2013 Statute Language|
|Alaska||Alaska Stat. § 45.50.471. |
Alaska Unfair Trade Practices and Consumer Protection Act.
|(a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce are declared to be unlawful.|
(b) The terms "unfair methods of competition" and "unfair or deceptive acts or practices" include, but are not limited to, the following acts:
(1) fraudulently conveying or transferring goods or service by representing them to be those of another;
(2) falsely representing or designating the geographic origin of goods or services;
(3) causing a likelihood of confusion or misunderstanding as to the source, sponsorship, or approval, or another person's affiliation, connection, or association with or certification of goods or services;
(4) representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have;
(5) representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, secondhand, or seconds;
(6) representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(7) disparaging the goods, services, or business of another by false or misleading representation of fact;
(8) advertising goods or services with intent not to sell them as advertised;
(9) advertising goods or services with intent not to supply reasonable expectable public demand, unless the advertisement prominently discloses a limitation of quantity;
(10) making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
(11) engaging in any other conduct creating a likelihood of confusion or of misunderstanding and which misleads, deceives or damages a buyer or a competitor in connection with the sale or advertisement of goods or services;
(12) using or employing deception, fraud, false pretense, false promise, misrepresentation, or knowingly concealing, suppressing, or omitting a material fact with intent that others rely upon the concealment, suppression, or omission in connection with the sale or advertisement of goods or services whether or not a person has in fact been misled, deceived or damaged;
(13) failing to deliver to the customer at the time of an installment sale of goods or services, a written order, contract, or receipt setting out the name and address of the seller and the name and address of the organization that the seller represents, and all of the terms and conditions of the sale, including a description of the goods or services, which shall be stated in readable, clear, and unambiguous language;
(14) representing that an agreement confers or involves rights, remedies, or obligations which it does not confer or involve, or which are prohibited by law;
(15) knowingly making false or misleading statements concerning the need for parts, replacement, or repair service;
(16) misrepresenting the authority of a salesman, representative, or agent to negotiate the final terms of a consumer transaction;
(17) basing a charge for repair in whole or in part on a guaranty or warranty rather than on the actual value of the actual repairs made or work to be performed on the item without stating separately the charges for the work and the charge for the guaranty or warranty, if any;
(18) disconnecting, turning back, or resetting the odometer of a vehicle to reduce the number of miles indicated;
(19) using a chain referral sales plan by inducing or attempting to induce a consumer to enter into a contract by offering a rebate, discount, commission, or other consideration, contingent upon the happening of a future event, on the condition that the consumer either sells, or gives information or assistance for the purpose of leading to a sale by the seller of the same or related goods;
(20) selling or offering to sell a right of participation in a chain distributor scheme;
(21) selling, falsely representing, or advertising meat, fish, or poultry which has been frozen as fresh food;
(22) failing to comply with AS 45.02.350;
(23) failing to comply with AS 45.45.130 -- 45.45.240;
(24) counseling, consulting, or arranging for future services relating to the disposition of a body upon death whereby certain personal property, not including cemetery lots and markers, will be furnished or the professional services of a funeral director or embalmer will be furnished, unless the person receiving money or property deposits the money or property, and money or property is received, within five days of its receipt, in a trust in a financial institution whose deposits are insured by an instrumentality of the federal government designating the institution as the trustee as a separate trust in the name only of the person on whose behalf the arrangements are made with a provision that the money or property may only be applied to the purchase of designated merchandise or services and should the money or property deposited and any accrued interest not be used for the purposes intended on the death of the person on whose behalf the arrangements are made, all money or property in the trust shall become part of that person's estate; upon demand by the person on whose behalf the arrangements are made, all money or property in the trust including accrued interest, shall be paid to that person; this paragraph does not prohibit the charging of a separate fee for consultation, counseling, or arrangement services if the fee is disclosed to the person making the arrangement; any arrangement under this paragraph which would constitute a contract of insurance under AS 21 is subject to the provisions of AS 21;
(25) failing to comply with the terms of AS 45.50.800 -- 45.50.850 (Alaska Gasoline Products Leasing Act);
(26) failing to comply with AS 45.30 relating to mobile home warranties and mobile home parks;
(27) failing to comply with AS 14.48.060(b)(13);
(28) dealing in hearing aids and failing to comply with AS 08.55;
(29) violating AS 45.45.910(a), (b), or (c);
(30) failing to comply with AS 45.50.473;
(31) violating the provisions of AS 45.45.400;
(32) knowingly selling a reproduction of a piece of art or handicraft that was made by a resident of the state unless the reproduction is clearly labeled as a reproduction; in this paragraph, "reproduction" means a copy of an original if the copy is
(A) substantially the same as the original; and.
(B) not made by the person who made the original;
(33) violating AS 08.66 (motor vehicle dealers);
(34) violating AS 08.66.260 -- 08.66.350 (motor vehicle buyers' agents);
(35) violating AS 45.63 (solicitations by telephonic means);
(36) violating AS 45.68 (charitable solicitations);
(37) violating AS 45.50.474 (on board promotions);
(38) referring a person to a dentist or a dental practice that has paid or will pay a fee for the referral unless the person making the referral discloses at the time the referral is made that the dentist or dental practice has paid or will pay a fee based on the referral;
(39) advertising that a person can receive a referral to a dentist or a dental practice without disclosing in the advertising that the dentist or dental practice to which the person is referred has paid or will pay a fee based on the referral if, in fact, the dentist or dental practice to which the person is referred has paid or will pay a fee based on the referral;
(40) violating AS 45.50.477(a) -- (c);
(41) failing to comply with AS 45.50.475;
(42) violating AS 45.35 (lease-purchase agreements);
(43) violating AS 45.25.400 -- 45.25.590 (motor vehicle dealer practices);
(44) violating AS 45.66 (sale of business opportunities);
(45) violating AS 08.18.023(b) or 08.18.152;
(46) violating AS 45.50.479 (limitations on electronic mail);
(47) violating AS 17.06.010 (sale of, or offering to sell, organic food);
(48) violating a labeling or advertising provision of AS 17.20 (Alaska Food, Drug, and Cosmetic Act);
(49) violating AS 45.45.920 (free trial period);
(50) violating AS 45.45.930 (opt-out marketing plans);
(51) violating AS 45.45.792 (deceptive acts or practices relating to spyware);
(52) violating AS 06.60.340 (mortgage lending regulation);
(53) offering a check, through the mail or by other means, to promote goods or services, if the cashing or deposit of the check obligates the endorser or payee identified on the check to pay for goods or services; in this paragraph, "services" does not include the extension of credit or the lending of money;
(54) violating AS 45.65.055 (authentic Alaska Native art identification seals);
(55) an information collector, other than a governmental agency, violating AS 45.48.010 -- 45.48.090 (breach of security involving personal information); in this paragraph,
(A) "governmental agency" has the meaning given in AS 45.48.090;
(B) "information collector" has the meaning given in AS 45.48.090;
(56) violating AS 45.27 (marine products and motorized recreational products);
(57) violating AS 45.45.450 -- 45.45.459 (rental car fees).
(c) The unlawful acts and practices listed in (b) of this section are in addition to and do not limit the types of unlawful acts and practices actionable at common law or under other state statutes.
(d) [Repealed, § 21 ch 166 SLA 1978.]
|Alaska Stat. § 45.50.473. |
Disclosure of costs of certain telephone services.
|(a) A person may not provide an alternate operator service without disclosing to the consumer before a charge is incurred the cost of the service provided by the person and the identity of the person providing those services. This section does not affect the power of the Regulatory Commission of Alaska to regulate providers of alternate operator services under AS 42.05 in a manner consistent with this section.|
(b) The owner of a place where telephone business from consumers is aggregated, including a hotel, motel, hospital, and pay telephone other than a telephone utility regulated by the Regulatory Commission of Alaska, shall disclose a surcharge added to the cost of local or long distance telephone service before the service is provided. Disclosure may be made by posting the amount of the surcharge on or near the telephone instruments subject to the surcharge or by other reasonable written or oral means.
(c) A violation of this section constitutes an unfair or deceptive act or practice under AS 45.50.471. It is presumed that actual damages to the consumer under AS 45.50.531(a) are equal to the cost of the service provided plus $ 200. Additional damages must be proved.
(d) In this section, "alternate operator service" has the meaning given in AS 42.05.325(c).
|Alaska Stat. § 45.50.474. |
Required disclosures in promotions and shoreside sales on board cruise ships.
|(a) A person may not conduct a promotion on board a cruise ship that mentions or features a business in a state port that has paid something of value for the purpose of having the business mentioned, featured, or otherwise promoted, unless the person conducting the promotion clearly and fully discloses in all written materials used in the promotion that the featured businesses have paid to be included in the promotion. If the value paid by the business is more than 10 percent of any single sale, the disclosure must also state that more than a 10 percent commission is being retained by the person making the promotion and that other alternatives may be available at a port of call; and the disclosure must provide the address, Internet website address, and telephone number of any existing visitors bureaus at each future port of call.|
(b) A person or other entity aboard a cruise ship conducting or making a sale of tours, flightseeing operations, or other shoreside activities to be delivered by a vendor or other entity at a future port of call shall disclose, in writing at the point of sale,
(1) that the onboard sale is a retail-wholesale relationship between the cruise ship and the shoreside vendor that results in a percentage of the sale being retained by the cruise ship;
(2) that other alternatives at different prices and with different features may be available at a port of call;
(3) the address, Internet website address, and telephone number of the existing visitors bureaus at each future port of call; and
(4) if the amount of commission or percentage of the total sale retained or returned to the person or entity making or attempting to make the sale exceeds 20 percent of the total cost of the services or goods provided by a shoreside vendor, that more than 20 percent of the total sale price is being retained as a commission by the person or entity making the sale.
(c) A written notice of disclosure under (a) or (b) of this section must be in a type that is not less than 14-point typeface and in a contrasting color calculated to draw attention to the disclosure.
(d) Each violation of this section constitutes an unfair trade practice under AS 45.50.471.
(e) In this section, "cruise ship" means a ship that operates at least 48 hours in length for ticketed passengers, provides overnight accommodations and meals for at least 250 passengers, is operated by an authorized cruise ship operator, and is certified under the International Convention for the Safety of Life at Sea or otherwise certified by the United States Coast Guard.
|Alaska Stat. § 45.50.475. |
Unlawful, unwanted telephone advertisements and solicitations.
|(a) A person is in violation of AS 45.50.471(b)(41) if the person|
(1) [Repealed, § 35 ch 55 SLA 2004.]
(2) engages in the telephone solicitation of a customer whose telephone number has been registered with the national do not call registry for the minimum amount of time required by the national do not call registry before the date the call is made;
(3) engages in the telephone solicitation of a customer who has previously communicated to the telephone solicitor, or to the business enterprise or charitable organization for which the person is calling, the customer's desire not to receive telephone solicitations to that number; or
(4) originates a telephone call using an automated or recorded message as a telephonic advertisement or a telephone solicitation.
(b) A local exchange telecommunications company and a company that provides a telephone directory on behalf of a local exchange telecommunications company shall provide for the identification in the telephone directory of those residential customers who do not wish to receive telephone solicitations. The local exchange telecommunications company may impose a reasonable charge for identification in the directory. The charge shall be based on the cost of providing the identification and is subject to the approval of the Regulatory Commission of Alaska.
(c) [Repealed, § 35 ch 55 SLA 2004.]
(d) A person who employs individuals to engage in telephone solicitations is not liable for a violation of (a)(1) -- (3) of this section if the person establishes that
(1) the person has adopted and implemented written procedures and policies to comply with (a)(1) -- (3) of this section, including corrective actions if appropriate;
(2) the person has trained its personnel in the procedures and policies established under (1) of this subsection;
(3) the call that violated (a)(1) -- (3) of this section was made contrary to the procedures and policies established by the person; and
(4) the call that violated (a)(1) -- (3) of this section was made as a result of a good faith error.
(e) An individual who solicits a telephone customer in violation of (a)(1) -- (3) of this section is not liable for the violation if the individual establishes that the individual did not intend to make the call in violation of this section and did not recklessly disregard information or policies and procedures that would have avoided the improper call.
(f) Local exchange telecommunications companies shall inform customers of the provisions of this section. Notification shall be made by
(1) quarterly inserts in the billing statements mailed to customers; and
(2) clear and conspicuous publication of the notice in the consumer information pages of local telephone directories.
(g) In this section,
(1) "charitable organization" has the meaning given in AS 45.68.900;
(2) "customer" means a telephone customer of a telecommunications company;
(3) "national do not call registry" means the data base of telephone numbers of customers who do not wish to receive telephone solicitations established and maintained by the Federal Trade Commission and the Federal Communications Commission;
(4) "telephone solicitation"
(A) means the solicitation by a person by telephone of a customer at the residence of the customer or on a customer's cellular or mobile telephone for the purpose of encouraging the customer to purchase property, goods, or services, or make a donation;
(B) does not include
(i) calls made in response to a request or inquiry by the called customer or communication made during a call made by the customer;
(ii) calls made by a charitable organization or volunteers on behalf of the charitable organization to a member of the organization or to a person who, within the last 18 months, has made a donation to the organization or expressed an interest in making a donation, but only if the charitable organization has not received a request from the member or person asking that the telephone solicitations cease;
(iii) calls limited to soliciting the expression of ideas, opinions, or votes;
(iv) business-to-business calls; or
(v) a person soliciting business from prospective purchasers who have, within the last 18 months, purchased from the person making the solicitation or from the business enterprise for which the person is calling but only if the person or business enterprise has not received a request from the prospective purchaser asking that telephone solicitations cease; the person or business enterprise is presumed to have received a written request no later than 10 days after the prospective purchaser mailed it, properly addressed and with the appropriate postage.
|Alaska Stat. § 45.50.479. |
Limitation on electronic mail.
|(a) A person may not send unsolicited commercial electronic mail to another person from a computer located in this state or to an electronic mail address that the sender knows is held by a resident of this state if the commercial electronic mail contains information that consists of explicit sexual material that another law provides may only be viewed, purchased, rented, leased, or held by an individual who is 18 years of age or older, unless the subject line of the advertisement contains "ADV:ADLT" as the first eight characters.|
(b) In (a) of this section,(1) "commercial electronic mail" means electronic mail consisting of advertising material for the lease, sale, rental, gift, offer, or other disposition of real property, goods, or services, including an extension of credit;
(2) "explicit sexual material" means material that visually or aurally depicts conduct described in AS 11.41.455(a), but is not limited to conduct engaged in by a child under 18 years of age;
(3) "unsolicited commercial electronic mail" means commercial electronic mail sent to a person who(A) does not have an existing personal or business relationship with the sender; and
(B) has not given permission for or requested the sending of the commercial electronic mail.