Idaho Consumer Protection Laws: Lemon Law, Refunds, Repairs and Scams

New motor vehicle defects reported during the express warranty, the first two years after delivery, or the first 24,000 miles, whichever ends earliest, must be repaired. A reasonable number of repair attempts is presumed if, in that period, the same defect was repaired four or more times and still exists (the manufacturer must have had at least one chance to repair it), the vehicle was out of service for repairs 30 or more business days in total, or a defect causing complete failure of the braking or steering system that is likely to cause death or serious injury was repaired at least once. If a defect impairing use or market value cannot be fixed, the manufacturer must replace the vehicle or refund what the consumer paid (capped at 105% of the manufacturer's suggested retail price) plus taxes, fees and certain towing and rental costs, minus a mileage-based allowance for use. The consumer may reject a replacement and insist on a refund.

The lemon law covers new vehicles. The Attorney General explains that federal law requires used car dealers to post a Buyers Guide saying whether the car comes with a warranty, "as is" (no warranty), or with implied warranties only; if a used car is sold "as is," there is no express or implied warranty. There is no three-day cooling-off period for new or used car purchases.

Idaho has no general three-day right to cancel. For door-to-door purchases of $25 or more for personal, family or household use, Idaho Consumer Protection Rules require the salesperson to give written notice of a three-working-day cancellation period, a contract or receipt, and two copies of a Notice of Cancellation; the seller must refund your money within ten days of cancellation. If you bought on credit from a door-to-door seller, the Idaho Credit Code gives three business days to cancel regardless of price. These rights do not apply to sales made entirely by mail, orders placed at the seller's business, or real estate, insurance or securities.

The Idaho Consumer Protection Act (Idaho Code § 48-601 et seq.) prohibits unfair and deceptive acts and practices. A person who buys or leases goods or services and suffers an ascertainable loss because of a violation may treat the agreement as voidable or sue for actual damages or $1,000, whichever is greater, plus restitution and an injunction; the court may award punitive damages for repeated or flagrant violations. Elderly or disabled consumers can recover an enhanced penalty of $15,000 or treble damages, whichever is greater, in certain cases.

According to the Attorney General, it is an unfair and deceptive practice for a repair shop to exceed the dollar limit you authorize for repairs without first getting your express oral or written consent, and if unforeseen repairs would unreasonably or substantially increase the estimate, the shop must get your oral or written authorization before doing and charging for them; otherwise you are not obligated to pay the extra costs. You are entitled to your old parts back if you asked for them when the new parts were installed (with exceptions for warranty replacements or price reductions for keeping old parts), and to an itemized bill or work order on request unless you agreed to lump-sum billing.

During a disaster or emergency declared by the Governor or the President, it is an unfair practice to take advantage of the emergency by selling fuel, food, pharmaceuticals or drinking water to consumers at an exorbitant or excessive increased price, in the declared area and for the duration of the declaration. Courts consider prices before and after, the seller's added costs, and the length of the emergency. The statute states that no private right of action exists for this violation.

A license from the Director of the Department of Finance is required to operate as a debt counselor, credit counselor, or credit repair organization in Idaho, including businesses that receive money from debtors to pay creditors, contract to adjust or settle a debtor's debts, or sell services to improve a consumer's credit record.

Contractors must register with the Idaho Contractors Board; it is unlawful to work as a contractor without registering. Before signing a contract over $2,000 to build, alter or repair residential property, a general contractor must give the homeowner a signed-for disclosure of the right to require lien waivers from subcontractors, to receive proof of liability and workers' compensation insurance, to buy extended title insurance covering unrecorded liens, and to require a surety bond at the homeowner's expense.

A business that owns or licenses computerized personal information of Idaho residents must, on learning of a breach, promptly investigate in good faith whether the information has been or will be misused. If misuse has occurred or is reasonably likely, it must notify affected residents as soon as possible, in the most expedient time possible and without unreasonable delay, consistent with law enforcement needs and steps to determine the scope of the breach. Government agencies must also notify the Attorney General within 24 hours.

File a complaint with the Attorney General's Consumer Protection Division using the online Consumer Complaint Form, or contact the division by phone at 208-334-2424 or toll-free 1-800-432-3545. The division works through public education, voluntary dispute resolution and enforcement of consumer laws.

1) Written notice: the repair presumption applies only if the manufacturer, its agent or its authorized dealer has received prior written notice from or on behalf of the consumer at least once and had an opportunity to fix the defect. A dealer or agent that receives the notice must forward it to the manufacturer by certified mail. The dealer must give buyers a written statement that, to get a refund or replacement, they must first notify the manufacturer, agent or dealer in writing and allow a repair opportunity. 2) Final repair attempt: the manufacturer must have at least one opportunity to repair before the presumption applies, even if it was not notified directly. 3) Arbitration: every manufacturer must run or take part in an informal dispute settlement program located in Idaho that meets federal rules (16 C.F.R. Part 703). The consumer must use it before suing for refund or replacement unless the manufacturer allows otherwise. Any consumer fee may not exceed the conciliation court filing fee in the county where the arbitration is held. Decisions are nonbinding unless the parties agree otherwise; a manufacturer must seek a new trial in district court within 30 days after receiving the decision. 4) Deadline: a lawsuit must be started within 3 years after original delivery. If the consumer applied to the dispute program within those 3 years, an appeal of its decision must be filed within 3 months after the final decision.