Section 45.50.561. Definitions; short title.

   (a) In AS 45.50.471  -  45.50.561
        (1) "advertising" includes the attempt directly or indirectly by publication, dissemination, solicitation, endorsement, or circulation, display in any manner, including solicitation or dissemination by mail, telephone or door-to-door contacts, or in any other way, to induce directly or indirectly a person to enter or not enter into an obligation or acquire title or interest in any merchandise or to increase the consumption of it or to make a loan;
        (2) "cemetery lot" means a lot, plot, space, grave, niche, mausoleum, crypt, vault, or columbarium, used or intended to be used for the interment of human remains;
        (3) "chain distributor scheme" means a sales device whereby a person, upon condition that the person make an investment, is granted a license or right to solicit or recruit for profit one or more additional persons who are also granted a license or right upon condition of making an investment and may further perpetuate the chain of persons who are granted a license or right upon the condition of investment; a limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for the license or right to solicit or recruit or the receipt of profit from these does not change the identity of the scheme as a chain distributor scheme; as used in this paragraph, "investment" means acquisition, for a consideration other than personal services, of tangible or intangible property, and includes but is not limited to franchises, business opportunities and services; "investment" does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale;
        (4) "consumer" means a person who seeks or acquires goods or services by lease or purchase;
        (5) "dealing in hearing aids" has the meaning given in AS 08.55.200;
        (6) "documentary material" means the original or a copy of a book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate;
        (7) "examination" of documentary material includes the inspection, study, or copying of the material, and the taking of testimony under oath or acknowledgment in respect of documentary material or copy of it;
        (8) "fresh" means a condition of food that has never been frozen;
        (9) "goods or services" includes goods or services provided in connection with a consumer credit transaction or with a transaction involving an indebtedness secured by the borrower's residence;
        (10) "hearing aid" has the meaning given in AS 08.55.200;
        (11) "knowingly" means actual awareness of the falsity or deception, but actual awareness may be inferred where objective manifestations indicate that a person acted with actual awareness;
        (12) "seconds" means manufactured items having flaws or consisting of a standard quantity or quality less than the manufacturer's quality standard.
   (b) AS 45.50.471 - 45.50.561 may be cited as the Alaska Unfair Trade Practices and Consumer Protection Act.

Notes

Implemented As

9 AAC 05.900

References

9 AAC 05.010

History

(Sec. 2 ch 246 SLA 1970; am Sec. 10 ch 53 SLA 1974; am Sec. 2 ch 138 SLA 1974; am Sec. 13 ch 107 SLA 1984; am Sec. 13 ch 131 SLA 1986; am Sec. 66 ch 35 SLA 2003; am Sec. 9 ch 55 SLA 2004)