Alaska Statutes 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.

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Terms Used In Alaska Statutes 45.50.471

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Contract: A legal written agreement that becomes binding when signed.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Fraud: Intentional deception resulting in injury to another.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
property: includes real and personal property. See Alaska Statutes 01.10.060
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.

(b) The terms “unfair methods of competition” and “unfair or deceptive acts or practices” include 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 that 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 must be stated in readable, clear, and unambiguous language;

(14) representing that an agreement confers or involves rights, remedies, or obligations that it does not confer or involve, or that 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 that has been frozen as fresh food;

(22) failing to comply with Alaska Stat. § 45.02.350;

(23) failing to comply with Alaska Stat. § 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 that would constitute a contract of insurance under Alaska Stat. Title 21 is subject to the provisions of Alaska Stat. Title 21;

(25) failing to comply with the terms of Alaska Stat. § 45.50.800 – 45.50.850 (Alaska Gasoline Products Leasing Act);

(26) failing to comply with Alaska Stat. Chapter 45.30 relating to mobile home warranties and mobile home parks;

(27) failing to comply with Alaska Stat. § 14.48.060(b)(13);

(28) dealing in hearing aids and failing to comply with Alaska Stat. Chapter 08.55;

(29) violating Alaska Stat. § 45.45.910(a), (b), or (c);

(30) failing to comply with Alaska Stat. § 45.50.473;

(31) violating the provisions of Alaska Stat. § 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 Alaska Stat. Chapter 08.66 (motor vehicle dealers);

(34) violating Alaska Stat. § 08.66.260 – 08.66.350 (motor vehicle buyers’ agents);

(35) violating Alaska Stat. Chapter 45.63 (solicitations by telephonic means);

(36) violating Alaska Stat. Chapter 45.68 (charitable solicitations);

(37) violating Alaska Stat. § 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 Alaska Stat. § 45.50.477(a) – (c);

(41) failing to comply with Alaska Stat. § 45.50.475;

(42) violating Alaska Stat. Chapter 45.35 (lease-purchase agreements);

(43) violating Alaska Stat. § 45.25.400 – 45.25.590 (motor vehicle dealer practices);

(44) violating Alaska Stat. Chapter 45.66 (sale of business opportunities);

(45) violating Alaska Stat. § 08.18.023(b) or 08.18.152;

(46) violating Alaska Stat. § 45.50.479 (limitations on electronic mail);

(47) violating Alaska Stat. § 17.06.010 (sale of, or offering to sell, organic food);

(48) violating a labeling or advertising provision of Alaska Stat. Chapter 17.20 (Alaska Food, Drug, and Cosmetic Act);

(49) violating Alaska Stat. § 45.45.920 (free trial period);

(50) violating Alaska Stat. § 45.45.930 (opt-out marketing plans);

(51) violating Alaska Stat. § 45.45.792 (deceptive acts or practices relating to spyware);

(52) violating Alaska Stat. § 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 Alaska Stat. § 45.65.055 (authentic Alaska Native art identification seals);

(55) an information collector, other than a governmental agency, violating Alaska Stat. § 45.48.010 – 45.48.090 (breach of security involving personal information); in this paragraph,

(A) “governmental agency” has the meaning given in Alaska Stat. § 45.48.090;

(B) “information collector” has the meaning given in Alaska Stat. § 45.48.090;

(56) violating Alaska Stat. Chapter 45.27 (marine products and motorized recreational products);

(57) violating Alaska Stat. § 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].

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