Alaska

• Pages: 25-37

25

CHAPTER 3

ALASKA

A. Scope of the Statute and Elements of a Cause of Action

The Alaska Unfair Trade Practices and Consumer Protection Act1

(Alaska Act) prohibits “unfair methods of competition” and “unfair or

deceptive acts or practices in the conduct of trade or commerce.”2 This

prohibition includes, but is not limited to, fifty-seven enumerated acts and

practices,3 such as “representing that goods or services have sponsorship,

approval, characteristics, ingredients, uses, benefits, or quantities that they

do not have,”4 “disparaging the goods, services, or business of another by

false or misleading representation of fact,”5 “advertising goods or services

with intent not to sell them as advertised,”6 or “advertising goods or

services with intent not to supply reasonable expectable public demand,

unless the advertisement prominently discloses a limitation of quantity.”7

In response to the COVID-19 outbreak in 2020 which was declared a

“public health disaster” by the governor, Alaska temporarily recognized

an additional unfair or deceptive trade practice in any increase of pricing

of 10% or more from before the start of the governor’s emergency

declaration for certain essential items.8 The provision expired along with

the disaster declaration.9

Failing to comply with over thirty state statutes, including those

dealing with motor vehicle sales and repairs, rental car fees, mortgage

lending, home inspections, marine products and motorized recreational

products, postsecondary tuition and fees, and telephonic and charitable

solicitations constitutes a violation of the Alaska Act.10 Violations of the

1. ALASKA STAT. §§ 45.50.471 to 45.50.561.

2. Id. § 45.50.471(a).

3. Id. § 45.50.471(b)(1)-(57).

4. Id. § 45.50.471(b)(4).

5. Id. § 45.50.471(b)(7).

6. Id. § 45.50.471(b)(8).

7. Id. § 45.50.471(b)(9).

8. 2020 Alaska Laws ch. 10 (S.B. 241) § 26.

9. The disaster declaration expired on April 30, 2 021. Executive

Proclamation by Governor Mike Dunleavy (April 30, 2021),

https://gov.alaska.gov/wp-content/uploads/sites/2/04.30.2021-GOA-

Proclamation.pdf.

10. Id. § 45.50.471(b)(22)-(31), (33)-(37), (40)-(52), (54)-(57).