Alaska Unfair Trade Practices and Consumer Protection Act [excerpts]
Sec. 45.50.471. Unlawful acts and practices. [excerpts]
(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 the following acts:
…
(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;
…
(11) engaging in any other conduct creating a likelihood of confusion or of misunderstanding and that 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;
…
(19) using a chain referral sales plan by inducing or attempting to induce a consumer to enter into a contract by offering a rebate, discount, commission, or other consideration, contingent upon the happening of a future event, on the condition that the consumer either sells, or gives information or assistance for the purpose of leading to a sale by the seller of the same or related goods;
(20) selling or offering to sell a right of participation in a chain distributor scheme;
…
(22) failing to comply with AS 45.02.350; [see below]
…
(44) violating AS 45.66 (sale of business opportunities);
…
(c) The unlawful acts and practices listed in (b) of this section are in addition to and do not limit the types of unlawful acts and practices actionable at common law or under other state statutes.
Sec. 45.50.561. Definitions; short title. [excerpts]
(a) In AS 45.50.471 — 45.50.561
(1) “advertising” includes the attempt directly or indirectly by publication, dissemination, solicitation, endorsement, or circulation, display in any manner, including solicitation or dissemination by mail, telephone or door-to-door contacts, or in any other way, to induce directly or indirectly a person to enter or not enter into an obligation or acquire title or interest in any merchandise or to increase the consumption of it or to make a loan;
…
(3) “chain distributor scheme” means a sales device whereby a person, upon condition that the person make an investment, is granted a license or right to solicit or recruit for profit one or more additional persons who are also granted a license or right upon condition of making an investment and may further perpetuate the chain of persons who are granted a license or right upon the condition of investment; a limitation as to the number of persons who may participate, or the presence of additional conditions affecting eligibility for the license or right to solicit or recruit or the receipt of profit from these does not change the identity of the scheme as a chain distributor scheme; as used in this paragraph, “investment” means acquisition, for a consideration other than personal services, of tangible or intangible property, and includes franchises, business opportunities, and services; “investment” does not include sales demonstration equipment and materials furnished at cost for use in making sales and not for resale;
…
(b) AS 45.50.471 — 45.50.561 may be cited as the Alaska Unfair Trade Practices and Consumer Protection Act.
Additional Relevant Alaska statutes:
Sec. 45.02.350. Sale by door-to-door solicitation.
(a) A contract for the purchase of goods or services in the amount of $10 or more from a person soliciting a door-to-door sale shall require, as a condition of taking effect, that the purchaser may revoke the offer to buy within five business days of entering into the contract, and that the seller, at the time of the sale, give the purchaser written notice of the right to revoke. Revocation is effective either upon the tender of the rejected goods to the seller or an agent of the seller, or upon the posting of a registered letter, marked Deliver to Addressee Only, Return Receipt, of rejection to the seller or an agent of the seller.
(b) The cost of returning rejected goods shall be borne by the seller.
(c) A “door-to-door sale” occurs when the seller, or a representative of the seller, personally solicits the sale and the purchaser’s agreement or offer to purchase is made at a place other than the place of business of the seller. The term “door-to-door sale” does not include a transaction
(1) made under prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis;
(2) in which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer;
(3) conducted and consummated entirely by mail;
(4) in which the buyer has initiated the contact and specifically requested the seller to visit the buyer’s home for the purpose of repairing or performing maintenance upon the buyer’s personal property; or
(5) conducted at the purchaser’s place of business.
(d) As used in (c) of this section, “personally” means in person or by telephone.