CSHB 244(JUD): "An Act relating to disclosure of information by the attorney general about possible unfair trade practices; and relating to liability for allegations relating to unfair trade practices."
00CS FOR HOUSE BILL NO. 244(JUD) 01 "An Act relating to disclosure of information by the attorney general about 02 possible unfair trade practices; and relating to liability for allegations relating to 03 unfair trade practices." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new 06 section to read: 07 FINDINGS. The legislature finds that 08 (1) violations of AS 45.50.471 - 45.50.561 (unfair trade practices and consumer 09 protection) are a matter of public concern; 10 (2) dissemination of information about violations of AS 45.50.471 - 45.50.561 11 would be beneficial to the public by warning the public about unfair trade practices; 12 (3) persons should not be discouraged from writing or speaking about 13 violations by the threat of litigation; and 14 (4) persons who file complaints about unfair trade practices with the attorney
01 general should be able to find out information about the status of the investigation of their 02 complaints. 03 * Sec. 2. AS 45.50.521 is amended by adding a new subsection to read: 04 (c) Notwithstanding (b) of this section, the attorney general may communicate 05 freely about the investigation of an act or practice that may be unlawful under 06 AS 45.50.471 to the person, if any, who filed a complaint about the act or practice 07 with the attorney general. 08 * Sec. 3. AS 45.50 is amended by adding a new section to read: 09 Sec. 45.50.525. Limits on cause of action for statements. A person may not 10 bring an action for defamation of character, libel, slander, or damage to reputation 11 against a person who makes an allegation that an act or practice is or may be unlawful 12 under AS 45.50.471 unless the person who made the statement knew that the statement 13 was not true, made the statement with reckless disregard for the truth of the statement, 14 or made the statement to obtain a competitive business advantage. This section does 15 not extinguish a defense to the actions that are the subject of this section if the defense 16 exists in common law on the effective date of this Act. 17 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section 18 to read: 19 APPLICABILITY. AS 45.50.525, enacted by sec. 3 of this Act, does not apply to 20 statements made before the effective date of this Act.