Alaska Deceptive Trade Practices Laws

Uniform Deceptive Trade Practices Act is not adopted by Alaska.  Alaska Deceptive Trade Practices Laws are stated in Article 3 of Chapter 50 in Title 45 under Alaska Statutes.

Under Alaska Stat. § 45.50.471, making a false and misleading statement in an advertisement addressed to the public, and readjusting or resetting a vehicle’s odometer to show less miles in the odometer with an intent to deceive are unlawful acts or practices.

Under § 45.50.501, Attorney General can bring an action against the wrongdoer. Additionally under § 45.50.531, a private person can also bring an action if s/he has suffered a loss due to the unlawful actions of the wrongdoer.  The remedies available against the unlawful act are: injunction, $500 or 3 times actual damages, whichever is greater, or equitable relief.

 

 

 

Alaska Stat. § 45.50.471 reads in part:

 

“Sec. 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;

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Alaska Stat. § 45.50.531 reads in part:
”Sec. 45.50.531.  Private and class actions

   (a) A person who suffers an ascertainable loss of money or property as a result of another person’s act or practice declared unlawful by AS 45.50.471 may bring a civil action to recover for each unlawful act or practice three times the actual damages or $ 500, whichever is greater. The court may provide other relief it considers necessary and proper. Nothing in this subsection prevents a person who brings an action under this subsection from pursuing other remedies available under other law, including common law.”

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Inside Alaska Deceptive Trade Practices Laws