49-2805A DECEPTIVE SOLICITATION OF MOTOR VEHICLE SERVICE CONTRACTS PROHIBITED -- PENALTIES. - Idaho Statutes

TITLE 49

MOTOR VEHICLES

CHAPTER 28

MOTOR VEHICLE SERVICE CONTRACTS

49-2805A. deceptive solicitation of motor vehicle service contracts prohibited -- penalties. (1) It shall be unlawful for any company to directly or indirectly represent in any manner, whether by written solicitation, advertisement, or telemarketing, a false, deceptive or misleading statement with regard to:

(a) Such company's affiliation with a motor vehicle manufacturer, recreational vehicle manufacturer or dealer;

(b) Such company's possession of information regarding a motor vehicle owner's current motor vehicle manufacturer or recreational vehicle manufacturer original equipment warranty;

(c) All indications that such company's records show that a motor vehicle or recreational vehicle owner's current motor vehicle manufacturer or recreational manufacturer's original equipment warranty is nearing or past expiration;

(d) A requirement that such motor vehicle, or recreational vehicle owner register for a new motor vehicle service contract with such company to maintain coverage under the motor vehicle or recreational vehicle owner's current service contract or manufacturer's original equipment warranty.

(2) In addition to any other penalty provided by law, any company who violates any provisions of this section shall be subject to prosecution for a misdemeanor for each violation, plus a civil penalty of one thousand dollars ($1,000) a day for each violation.

(3) This section shall be enforced by the Idaho attorney general or local prosecuting attorney.