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Can I charge different prices to different customers without violating discrimination laws in Idaho? What are the requirements?

Yes, you can charge different prices to different customers without violating discrimination laws in Idaho, but there are certain requirements that must be met.

Discrimination Laws in Idaho

According to IDST 48-202, it is generally unlawful for any person engaged in commerce to discriminate in price between different purchasers of commodities of like grade and quality or between different sections, communities, or cities. However, there are exceptions to this rule.

Exceptions to Discrimination Laws in Idaho

  • Differentials which make only due allowance for differences in the cost of manufacture, sale, or delivery, resulting from the differing methods or quantities in which such commodities are to such purchasers sold or delivered.
  • Persons engaged in selling goods, wares, or merchandise in commerce may select their own customers in bona fide transactions and not in restraint of trade.
  • Price changes from time to time where in response to changing conditions affecting the market for or the marketability of the goods concerned, such as but not limited to actual or imminent deterioration of perishable goods, obsolescence of seasonable goods, distress sales under court process, or sales in good faith in discontinuance of business in the goods concerned.

Requirements for Discrimination Laws in Idaho

If there is a prima facie case of discrimination, the burden of rebutting the case by showing justification shall be upon the person charged with such violation. A seller may rebut the prima facie case by showing that their lower price was made in good faith to meet an equally low price of a competitor or the services or facilities furnished by a competitor [IDST 48-202(b)].

If a person violates the discrimination laws in Idaho, any person injured by any violation, or who will suffer injury from any threatened violation, of this act, may maintain an action, in any court of competent jurisdiction of this state, to prevent, restrain or enjoin such violation or threatened violation. If in such action, a violation or threatened violation of this act shall be established, the court shall enjoin and restrain or otherwise prohibit such violation or threatened violation, and the plaintiff in said action shall be entitled to recover threefold the damages by him sustained, and the costs of suit, including a reasonable attorney’s fee [IDST 48-204(a)].

Additional Context

There are other laws in Idaho that prohibit discrimination in specific contexts, such as the sale of farm products [2.1], access to video service [3.1], and monopolies [IDST 48-105]. However, these laws do not directly address the question of charging different prices to different customers.

Therefore, as long as the requirements outlined in IDST 48-202 are met, you can charge different prices to different customers without violating discrimination laws in Idaho.

Source(s):
Jurisdiction

Idaho