Section 04.02.01.082 - MISLEADING OFFERSIt is an unfair and deceptive act or practice for any seller making an offer subject to Subchapter H to:
01.Misrepresent Goods or Services. Misrepresent the size, availability, quantity, identity, value, or qualities of any good or service.02.Misrepresent Odds. Misrepresent in any manner the odds of receiving any particular good or service.03.Specially Selected. Represent directly or by implication that the number of participants has been significantly limited or that any consumer has been specially selected to receive a particular good or service unless that is the fact.04.Labeling Offers. Label any offer a notice of termination or notice of cancellation.05.Misrepresent Offer. Misrepresent, in any manner, the offer, plan, program, or the affiliation, connection, association, or contractual relationship between the person making the offer and the owner, if they are not the same.06.Tendency to Mislead. Use publications, literature, or any written or verbal promotion that has the capacity, tendency, or effect of misleading or deceiving a consumer acting reasonably under the circumstances.07.Fail to Deliver. Fail to deliver the good or service to the consumer, at no expense to him or her, within ten (10) business days of the date of the initial contact by the seller to the consumer. Negative option membership plans operated in compliance with the Federal Trade Commission Rule on Use of Negative Option Plans by Sellers in Commerce ( 16 C.F.R. Section 425) are exempt from CPR 82.07.Idaho Admin. Code r. 04.02.01.082