Section 45.50.471. Unlawful acts and practices.

   (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 services 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, Sec. 21 ch 166 SLA 1978]. 

Authorities

3.58.060; 6.60.430;14.48.060;14.48.120;17.06.060;17.20.305;17.20.315;17.20.320;17.20.330;17.20.345;17.20.346;17.20.365;17.21.030;43.70.075;44.21.415;45.25.460;45.45.330;45.48.080;45.50.473;45.50.474;45.50.475;45.50.481;45.50.491;45.50.495;45.50.501;45.50.511;45.50.521;45.50.531;45.50.535;45.50.536;45.50.537;45.50.542;45.50.545;45.50.551;45.50.561;45.50.930;45.66.020;45.66.200;45.68.050

Notes

Recent Bills that will modify this

HB 27 HIGH-RISK CHEMICALS FOR CHILD EXPOSURE
HB 37 ENERGY RESOURCE PRICE GOUGING BY REFINERS
SB 10 PRICE GOUGING INVOLVING ENERGY RESOURCES
SB 111 LIMIT FLAME RETARDANT ITEMS/FURNITURE

Implemented As

9 AAC 05.010
9 AAC 05.020
9 AAC 05.030
9 AAC 05.040
9 AAC 05.050
9 AAC 05.900

References

9 AAC 05.010
AS 3.58.060 .060">Sec. 03.58.060. Enforcement.
AS 6.60.430 .430">Sec. 06.60.430. Additional enforcement provisions, actions, and rights.
AS 14.48.060 Minimum standards.
AS 14.48.120 Sanctions; cessation of operation.
AS 17.06.060 Enforcement and penalties.
AS 17.20.305 Penalty for violation.
AS 17.20.315 Civil fine.
AS 17.20.320 Effect of written guaranty.
AS 17.20.330 Liability for dissemination of false advertising.
AS 17.20.345 Liability of food donor.
AS 17.20.346 Liability of food bank.
AS 17.20.365 Additional enforcement powers, penalties, and remedies.
AS 17.21.030 Enforcement and penalties.
AS 43.70.075 License endorsement.
AS 44.21.415 Office of elder fraud and assistance.
AS 45.25.460 Advertising and selling practices generally.
AS 45.45.330 Failure to replace or refund.
AS 45.48.080 Violations.
AS 45.50.473 Disclosure of costs of certain telephone services.
AS 45.50.474 Required disclosures in promotions and shoreside sales on board cruise ships.
AS 45.50.475 Unlawful, unwanted telephone advertisements and solicitations.
AS 45.50.481 Exemptions.
AS 45.50.491 Regulations.
AS 45.50.495 Investigative power of attorney general.
AS 45.50.501 Restraining prohibited acts.
AS 45.50.511 Assurances of voluntary compliance.
AS 45.50.521 When information and evidence confidential and nonadmissible.
AS 45.50.531 Private and class actions.
AS 45.50.535 Private injunctive relief.
AS 45.50.536 Mediation.
AS 45.50.537 Attorney fees, costs, and damages.
AS 45.50.542 Provisions not waivable.
AS 45.50.545 Interpretation.
AS 45.50.551 Civil penalties.
AS 45.50.561 Definitions; short title.
AS 45.50.930 Effect on other laws.
AS 45.66.020 Registration procedure.
AS 45.66.200 Denial, suspension, or revocation of registration.
AS 45.68.050 Unlawful practices.

History

(Sec. 2 ch 246 SLA 1970; am Sec. 1 ch 53 SLA 1974; am Sec. 1 ch 138 SLA 1974; am Sec. 1 ch 183 SLA 1975; am Sec. 2 ch 146 SLA 1976; am Sec. 3 ch 197 SLA 1976; am Sec. 3 ch 234 SLA 1976; am Sec. 21 ch 166 SLA 1978; am Sec. 12 ch 131 SLA 1986; am Sec. 2 ch 59 SLA 1990; am Sec. 3 ch 82 SLA 1990; am Sec. 1 ch 92 SLA 1992; am Sec. 2 ch 118 SLA 1992; am Sec. 6 ch 10 SLA 1993; am Sec. 3 ch 60 SLA 1993; am Sec. 4 ch 109 SLA 1994; am Sec. 2 ch 22 SLA 1995; am Sec. 1 ch 69 SLA 1995; am Sec. 3 ch 142 SLA 1996; am Sec. 3 ch 10 SLA 1999; am Sec. 10, 11 ch 79 SLA 2002; am Sec. 2 ch 128 SLA 2002; am Sec. 1 ch 14 SLA 2003; am Sec. 40 ch 134 SLA 2003; am Sec. 1 ch 55 SLA 2004; am Sec. 2 ch 57 SLA 2004; am Sec. 13 ch 151 SLA 2004; am Sec. 4 ch 97 SLA 2005; am Sec. 8 ch 50 SLA 2007; am Sec. 1 ch 14 SLA 2008; am Sec. 2 ch 16 SLA 2008; am Sec. 5 ch 92 SLA 2008; am Sec. 4 ch 28 SLA 2009; am Sec. 61 ch 41 SLA 2009; am Sec. 3 ch 50 SLA 2010; am Sec. 86 ch 61 SLA 2010)