48-1007. PRIVATE CAUSES OF ACTION AND REMEDIES. (1) Any person who purchases goods or services pursuant to a telephone solicitation and thereby suffers damages as a result of any act, conduct, or practice declared unlawful in this chapter shall have the same rights and remedies in seeking and obtaining redress under this chapter as those granted under the Idaho consumer protection act, chapter 6, title 48, Idaho Code.
(2) If a telephone solicitor violates any applicable provision of this chapter, any contract of sale or purchase is null and void and unenforceable.
(3) If a telephone solicitor fails to deliver the goods or services contracted for, pursuant to the federal trade commission’s "mail order merchandise rule," 16 CFR 435, the contract to purchase is null and void.
(4) Any contract, agreement to purchase, or written confirmation executed by a purchaser which purports to waive any of the purchaser’s rights under this chapter is against public policy and shall be null and void and unenforceable.
(5) The remedies provided for in this chapter are not exclusive, and shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
History:
[48-1007, added 1992, ch. 27, sec. 1, p. 88.]
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