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CHAPTER 14
IDAHO
A. Scope of the Statute and Elements of a Cause of Action
The Idaho Consumer Protection Act (ICPA)1 seeks “to protect both
consumers and businesses against unfair methods of competition and
unfair or deceptive practices in the conduct of trade or commerce, and to
provide efficient and economical procedures to secure such protection.”2
Both individuals and businesses have long been able to seek redress for
violations of the act.3 Idaho courts liberally construe the ICPA “to effect
the legislative intent.”4
To obtain relief for a violation of the ICPA, a p laintiff must show that
the challenged conduct occurred during the course of “trade or
commerce.”5 The ICPA defines this phrase as the “advertising, offering
for sale, selling, leasing, renting, collecting debts arising out of the sale or
lease of the goods or services or distributing goods or services, either to o r
from locations within the state.”6
1. IDAHO CODE ANN. §§ 48-601 to 48-619.
2. Tricore Inv s., LLC v. Est. of Warren through Warren, 485 P.3d 92, 113
(Idaho 2021); Fenn v. Noah, 133 P.3d 1240, 1244 (Idaho 2006).
3. See, e.g., J.C. Penney Co. v. Parrish Co., 339 F. Supp. 726, 727 (D. Idaho
1972) (holding that “[t]he unauthorized advertising, display and/or sale by
defendant of merchandise bearing plaintiff’s private label trade names
and/or trademarks constitutes unfair and deceptive trade practices in
violation of” the ICPA); Mac Tools v. Griffin, 879 P.2d 1126, 1131 (Idaho
1994) (affirming jury award of punitive damages for “repeated and
flagrant” violations of the ICPA).
4. Tricore Invs., 485 P.3d at 113.
5. See IDAHO CODE ANN. § 48-601 (stating that the purpose of the ICPA is
“to protect both consumers and businesses against unfair methods of
competition and unfair or deceptive acts and practices in the conduct of
trade or commerce”).
844, 847 (Idaho 2013) (holding that acting solely as a nominee for lender
and lender’s successors and assigns is not evidence of conduct constituting
trade or commerce); Fenn v. Noah, 133 P.3d 1240, 1245-46 (Idaho 2006)
(holding alleged misrepresentation of property in a land sale contract and
alleged failure to correct problems identified in a land survey did not
constitute “trade or commerce”); White v. Mock, 104 P.3d 356, 365 (Idaho
2004) (holding sale of investment property by individuals “not in the
