Robert R. Borgen, Appellant v. a & M Motors, Inc., an Alaska Corporation, Mike Morelli, a Natural Person, And…

Summary

The court held that an affirmative material misrepresentation under Alaska's Unfair Trade Practices and Consumer Protection Act does not require proof of intent, knowledge, bad faith, or fraudulent purpose, and that good faith is not a defense. Because the jury found that A & M Motors misrepresented the motor home's model year and caused Borgen damages, those findings established a statutory violation notwithstanding the jury's separate finding that no unfair or deceptive act occurred. The court affirmed the directed verdict for Morelli, vacated the judgment against A & M Motors, and remanded for entry of judgment awarding treble damages and full reasonable attorney's fees.