Utah Code § 13-35-201 — Utah Code / Title 13 / Chapter 13-35 / § 13-35-201
§ 13-35-201. Prohibited acts by franchisors -- Disclosures.
Status: in_force

(1) A franchisor in this state may not: (a) except as provided in Subsection (2), require a franchisee to order or accept delivery of any new powersport vehicle, part, accessory, equipment, or other item not otherwise required by law that is not voluntarily ordered by the franchisee; (b) require a franchisee to: (i) participate monetarily in any advertising campaign or contest; or (ii) purchase any promotional materials, display devices, or display decorations or materials; (c) require a franchisee to change the capital structure of the franchisee's dealership or the means by or through which the franchisee finances the operation of the franchisee's dealership, if the dealership at all times meets reasonable capital standards determined by and applied in a nondiscriminatory manner by the franchisor; (d) require a franchisee to refrain from participating in the management of, investment in, or acquisition of any other line of new powersport vehicles or related products, if the franchisee: (i) maintains a reasonable line of credit for each make or line of powersport vehicles; and (ii) complies with reasonable capital and facilities requirements of the franchisor; (e) require a franchisee to prospectively agree to a release, assignment, novation, waiver, or estoppel that would: (i) relieve a franchisor from any liability, including notice and hearing rights imposed on the franchisor by this chapter; or (ii) require any controversy between the franchisee and a franchisor to be referred to a third party if the decision by the third party would be binding; (f) require a franchisee to change the location of the principal place of business of the franchisee's dealership or make any substantial alterations to the dealership premises, if the change or alterations would be unreasonable; (g) coerce or attempt to coerce a franchisee to join, contribute to, or affiliate with an advertising association; (h) require, coerce, or attempt to coerce a franchisee to enter into an agreement with the franchisor or do any other act that is unfair or prejudicial to the franchisee, by threatening to cancel a franchise agreement or other contractual agreement or understanding existing between the franchisor and franchisee; (i) adopt, change, establish, modify, or implement a plan or system for the allocation, scheduling, or delivery of new powersport vehicles, parts, or accessories to its franchisees so that the plan or system is not fair, reasonable, and equitable; (j) increase the price of any new powersport vehicle that the franchisee has ordered from the franchisor and for which there exists at the time of the order a bona fide sale to a retail purchaser if the order was made prior to the franchisee's receipt of an official written price increase notification; (k) fail to indemnify and hold harmless its franchisee against any judgment for damages or settlement approved in writing by the franchisor: (i) including court costs and attorneys' fees arising out of actions, claims, or proceedings including those based on: (A) strict liability; (B) negligence; (C) misrepresentation; (D) express or implied warranty; (E) revocation as described in Section 70A-2-608; or (F) rejection as described in Section 70A-2-602; and (ii) to the extent the judgment or settlement relates to alleged defective or negligent actions by the franchisor; (l) threaten or coerce a franchisee to waive or forbear its right to protest the establishment or relocation of a same line-make franchisee in the relevant market area of the affected franchisee; (m) fail to ship monthly to a franchisee, if ordered by the franchisee, the number of new powersport vehicles of each make, series, and model needed by the franchisee to achieve a percentage of total new vehicle sales of each make, series, and model equitably related to the total new vehicle production or importation being achieved nationally at the time of the order by each make, series, and model covered under the franchise agreement; (n) require or otherwise coerce a franchisee to under-utilize the franchisee's existing facilities; (o) fail to include in any franchise agreement the following language or language to the effect that: "If any provision in this agreement contravenes the laws, rules, or regulations of any state or other jurisdiction where this agreement is to be performed, or provided for by such laws or regulations, the provision is considered to be modified to conform to such laws, rules, or regulations, and all other terms and provisions shall remain in full force."; (p) engage in the distribution, sale, offer for sale, or lease of a new powersport vehicle to purchasers who acquire the vehicle in this state except through a franchisee with whom the franchisor has established a written franchise agreement, if the franchisor's trade name, trademark, service mark, or related characteristic is an integral element in the distribution, sale, offer for sale, or lease; (q) except as provided in Subsection (2), authorize or permit a person to perform warranty service repairs on powersport vehicles, except warranty service repairs: (i) by a franchisee with whom the franchisor has entered into a franchise agreement for the sale and service of the franchisor's powersport vehicles; or (ii) on owned powersport vehicles by a person or government entity who has purchased new powersport vehicles pursuant to a franchisor's or manufacturer's fleet discount program; (r) fail to provide a franchisee with a written franchise agreement; (s) notwithstanding any other provisions of this chapter, unreasonably fail or refuse to offer to its same line-make franchised dealers all models manufactured for that line-make, or unreasonably require a dealer to pay any extra fee, remodel, renovate, recondition the dealer's existing facilities, or purchase unreasonable advertising displays or other materials as a prerequisite to receiving a model or series of vehicles; (t) except as provided in Subsection (5), directly or indirectly: (i) own an interest in a new powersport vehicle dealer or dealership; (ii) operate or control a new powersport vehicle dealer or dealership; (iii) act in the capacity of a new powersport vehicle dealer, as defined in Section 13-35-102; or (iv) operate a powersport vehicle service facility; (u) fail to timely pay for all reimbursements to a franchisee for incentives and other payments made by the franchisor; (v) directly or indirectly influence or direct potential customers to franchisees in an inequitable manner, including: (i) charging a franchisee a fee for a referral regarding a potential sale or lease of any of the franchisee's products or services in an amount exceeding the actual cost of the referral; (ii) giving a customer referral to a franchisee on the condition that the franchisee agree to sell the vehicle at a price fixed by the franchisor; or (iii) advising a potential customer as to the amount that the potential customer should pay for a particular product; (w) fail to provide comparable delivery terms to each franchisee for a product of the franchisor, including the time of delivery after the placement of an order by the franchisee; (x) if personnel training is provided by the franchisor to its franchisees, unreasonably fail to make that training available to each franchisee on proportionally equal terms; (y) condition a franchisee's eligibility to participate in a sales incentive program on the requirement that a franchisee use the financing services of the franchisor or a subsidiary or affiliate of the franchisor for inventory financing; (z) make available for public disclosure, except with the franchisee's permission or under subpoena or in any administrative or judicial proceeding in which the franchisee or the franchisor is a party, any confidential financial information regarding a franchisee, including: (i) monthly financial statements provided by the franchisee; (ii) the profitability of a franchisee; or (iii) the status of a franchisee's inventory of products; (aa) use any performance standard, incentive program, or similar method to measure the performance of franchisees unless the standard or program: (i) is designed and administered in a fair, reasonable, and equitable manner; (ii) if based upon a survey, utilizes an actuarially generally acceptable, valid sample; and (iii) is, upon request by a franchisee, disclosed and explained in writing to the franchisee, including: (A) how the standard or program is designed; (B) how the standard or program will be administered; and (C) the types of data that will be collected and used in the application of the standard or program; (bb) other than sales to the federal government, directly or indirectly, sell, lease, offer to sell, or offer to lease, a new powersport vehicle or any powersport vehicle owned by the franchisor, except through a franchised new powersport vehicle dealer; (cc) compel a franchisee, through a finance subsidiary, to agree to unreasonable operating requirements, except that this Subsection (1)(cc) may not be construed to limit the right of a financing subsidiary to engage in business practices in accordance with the usage of trade in retail and wholesale powersport vehicle financing; (dd) condition the franchisor's participation in co-op advertising for a product category on the franchisee's participation in any program related to another product category or on the franchisee's achievement of any level of sales in a product category other than that which is the subject of the co-op advertising; (ee) discriminate against a franchisee in the state in favor of another franchisee of the same line-make in the state by: (i) selling or offering to sell a new powersport vehicle to one franchisee at a higher actual price, including the price for vehicle transportation, than the actual price at which the same model similarly equipped is offered to or is made available by the franchisor to another franchisee in the state during a similar time period; (ii) except as provided in Subsection (6), using a promotional program or device or an incentive, payment, or other benefit, whether paid at the time of the sale of the new powersport vehicle to the franchisee or later, that results in the sale of or offer to sell a new powersport vehicle to one franchisee in the state at a higher price, including the price for vehicle transportation, than the price at which the same model similarly equipped is offered or is made available by the franchisor to another franchisee in the state during a similar time period; or (iii) except as provided in Subsection (7), failing to provide or direct a lead in a fair, equitable, and timely manner; or (ff) through an affiliate, take any action that would otherwise be prohibited under this chapter. (2) Subsection (1)(a) does not prevent the franchisor from requiring that a franchisee carry a reasonable inventory of: (a) new powersport vehicle models offered for sale by the franchisor; and (b) parts to service the repair of the new powersport vehicles. (3) Subsection (1)(d) does not prevent a franchisor from: (a) requiring that a franchisee maintain separate sales personnel or display space; or (b) refusing to permit a combination of new powersport vehicle lines, if justified by reasonable business considerations. (4) Upon the written request of any franchisee, a franchisor shall disclose in writing to the franchisee the basis on which new powersport vehicles, parts, and accessories are allocated, scheduled, and delivered among the franchisor's dealers of the same line-make. (5) (a) A franchisor may engage in any of the activities listed in Subsection (1)(t), for a period not to exceed 12 months if: (i) (A) the person from whom the franchisor acquired the interest in or control of the new powersport vehicle dealership was a franchised new powersport vehicle dealer; and (B) the franchisor's interest in the new powersport vehicle dealership is for sale at a reasonable price and on reasonable terms and conditions; or (ii) the franchisor is engaging in the activity listed in Subsection (1)(t) for the purpose of broadening the diversity of its dealer body and facilitating the ownership of a new powersport vehicle dealership by a person who: (A) is part of a group that has been historically underrepresented in the franchisor's dealer body; (B) would not otherwise be able to purchase a new powersport vehicle dealership; (C) has made a significant investment in the new powersport vehicle dealership which is subject to loss; (D) has an ownership interest in the new powersport vehicle dealership; and (E) operates the new powersport vehicle dealership under a plan to acquire full ownership of the dealership within a reasonable period of time and under reasonable terms and conditions. (b) The executive director may, for good cause shown, extend the time limit set forth in Subsection (5)(a) for an additional period not to exceed 12 months. (c) Notwithstanding Subsection (1)(t), a franchisor may own, operate, or control a new powersport vehicle dealership trading in a line-make of powersport vehicle if: (i) as to that line-make of powersport vehicle, there are no more than four franchised new powersport vehicle dealerships licensed and in operation within the state as of January 1, 2002; (ii) the franchisor does not own directly or indirectly, more than a 45% interest in the dealership; (iii) at the time the franchisor first acquires ownership or assumes operation or control of the dealership, the distance between the dealership thus owned, operated, or controlled and the nearest unaffiliated new powersport vehicle dealership trading in the same line-make is not less than 150 miles; (iv) all the franchisor's franchise agreements confer rights on the franchisee to develop and operate as many dealership facilities as the franchisee and franchisor shall agree are appropriate within a defined geographic territory or area; and (v) as of January 1, 2002, no fewer than half of the franchisees of the line-make within the state own and operate two or more dealership facilities in the geographic area covered by the franchise agreement. (6) Subsection (1)(ee)(ii) does not prohibit a promotional or incentive program that is functionally available to all franchisees of the same line-make in the state on substantially comparable terms. (7) Subsection (1)(ee)(iii) may not be construed to: (a) permit provision of or access to customer information that is otherwise protected from disclosure by law or by contract between franchisor and a franchisee; or (b) require a franchisor to disregard the preference of a potential customer in providing or directing a lead, provided that the franchisor does not direct the customer to such a preference. (8) Subsection (1)(ff) does not limit the right of an affiliate to engage in business practices in accordance with the usage of trade in which the affiliate is engaged.
Utah Code § 13-58-101 — Utah Code / Title 13 / Chapter 13-58 / § 13-58-101
§ 13-58-101. Title.
Status: in_force

This chapter is known as the "Motorboat Agreements Act."
Utah Code § 13-32-103 — Utah Code / Title 13 / Chapter 13-32 / § 13-32-103
§ 13-32-103. Prohibited sales.
Status: in_force

A vendor who is not a manufacturer's or distributor's representative may not sell or offer for sale or exchange at a swap meet or flea market any: (1) food product which is manufactured and packaged specifically for consumption by a child under two years of age; (2) nonprescription or over-the-counter drug or medication other than herbal products, dietary supplements, botanical extracts, or vitamins; or (3) cosmetic or personal care product which has an expiration date.
Utah Code § 13-42-103 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-103
§ 13-42-103. Exempt agreements and persons.
Status: in_force

(1) This chapter does not apply to a provider to the extent that the provider: (a) provides or agrees to provide debt-management, educational, or counseling services to an individual who the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or (b) receives no compensation for debt-management services from or on behalf of the individuals to whom the provider provides the services or from their creditors. (2) This chapter does not apply to the following persons or their employees when the person or the employee is engaged in the regular course of the person's business or profession: (a) a judicial officer, a person acting under an order of a court or an administrative agency, or an assignee for the benefit of creditors; (b) a bank; (c) an affiliate, as defined in Subsection 13-42-102(1)(b)(i), of a bank if the affiliate is regulated by a federal or state banking regulatory authority; or (d) a title insurer, escrow company, or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.
Utah Code § 13-1a-3 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-3
§ 13-1a-3. Employment and compensation of personnel -- Compensation of director.
Status: in_force

10/1/2026The director, with the approval of the executive director, may employ personnel necessary to carry out the duties and responsibilities of the division at salaries established by the executive director according to standards established by the Division of Human Resource Management. The executive director shall establish the salary of the director according to standards established by the Division of Human Resource Management.
Utah Code § 13-11-21 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-21
§ 13-11-21. Settlement of class action -- Complaint in class action delivered to enforcing authority.
Status: in_force

(1) (a) (i) (A) A defendant in a class action may file a written settlement offer. (B) If the settlement offer is not accepted within a reasonable time by a plaintiff class representative, the defendant may file an affidavit reciting the rejection. (ii) (A) The court may determine that the settlement offer has enough merit to present to the members of the class. (B) If the court determines that the settlement offer merits presenting, the court shall order a hearing to determine whether the settlement offer should be approved. (iii) The court shall provide at least 60 days advance notice of the hearing: (A) to the division; and (B) to the extent practicable, to each member who can be identified through reasonable effort. (iv) The notice described in Subsection (1)(a)(iii) shall specify the terms of the settlement offer and a reasonable period within which members of the class who request to be included in the class are entitled to be included in the class. (v) (A) The statute of limitations for the members that are excluded in accordance with this Subsection (1)(a)(v)(A) is tolled for the period the class action has been pending, plus an additional year. (B) Within 60 days of receipt of the notice required by this Subsection (1)(a), the division may intervene in the class action for the limited purpose of objecting to the settlement offer. (b) (i) If a member who has previously lost an opportunity to be excluded from the class is excluded at the member's request in response to notice of the settlement offer during the period specified under Subsection (1)(a), the member may not thereafter participate in a class action for damages respecting the same consumer transaction, unless the court later disapproves the settlement offer or approves a settlement materially different from that proposed in the original settlement offer. (ii) After the expiration of the period of limitations, a member of the class is not entitled to be excluded from the class. (c) (i) If the court later approves the settlement offer, including changes, if any, required by the court in the interest of a just settlement of the action, the court shall enter judgment, which is binding on all persons who are then members of the class. (ii) If the court disapproves the settlement offer or approves a settlement materially different from that proposed in the original settlement offer, notice shall be given to a person who was excluded from the action at the person's request in response to notice of the settlement offer under Subsection (1)(a), and the person is entitled to rejoin the class and, in the case of the approval, participate in the settlement. (2) (a) On the commencement of a class action under Section 13-11-19, the class representative shall mail by certified mail with return receipt requested or personally serve a copy of the complaint on the division. (b) Within 180 days after the receipt of a copy of the complaint, but not thereafter, the division may intervene in the class action for purposes of participation as an interested party in litigation of the class action.
Utah Code § 13-14-105 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-105
§ 13-14-105. Registration -- Fees.
Status: in_force

(1) A franchisee or franchisor doing business in this state shall: (a) annually register or renew its registration with the department in a manner established by the department; and (b) pay an annual registration fee in an amount determined by the department in accordance with Sections 13-1-2 and 63J-1-504. (2) The department shall register or renew the registration of a franchisee or franchisor if the franchisee or franchisor complies with this chapter and rules made by the department under this chapter. (3) A franchisee or franchisor registered under this section shall comply with this chapter and any rules made by the department under this chapter including any amendments to this chapter or the rules made after a franchisee or franchisor enter into a franchise agreement. (4) The fee imposed under Subsection (1)(b) shall be collected by the department and deposited into the Commerce Service Account created by Section 13-1-2. (5) Notwithstanding Subsection (1), an agent, officer, or field or area representative of a franchisor does not need to be registered under this section if the franchisor is registered under this section.
Utah Code § 13-61-201 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-201
§ 13-61-201. Consumer rights -- Access -- Deletion -- Portability -- Opt out of certain processing.
Status: in_force

7/1/2026 (1) A consumer has the right to: (a) confirm whether a controller is processing the consumer's personal data; and (b) access the consumer's personal data. (2) A consumer has the right to delete the consumer's personal data that the consumer provided to the controller. (3) A consumer has the right to obtain a copy of the consumer's personal data, that the consumer previously provided to the controller, in a format that: (a) to the extent technically feasible, is portable; (b) to the extent practicable, is readily usable; and (c) allows the consumer to transmit the data to another controller without impediment, where the processing is carried out by automated means. (4) A consumer has the right to request that a controller correct inaccuracies in the consumer's personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data. (5) A consumer has the right to opt out of the processing of the consumer's personal data for purposes of: (a) targeted advertising; or (b) the sale of personal data. (6) Nothing in this section requires a person to cause a breach of security system as defined in Section 13-44-102.
Utah Code § 13-20-2 — Utah Code / Title 13 / Chapter 13-20 / § 13-20-2
§ 13-20-2. Definitions.
Status: in_force

As used in this chapter: (1) "Consumer" means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5. (2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle. (3) "Motor home" means a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational, and vacation use. (4) (a) "Motor vehicle" includes: (i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis sold in this state; (ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and (iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is designed primarily for use and operation on paved highways. (b) "Motor vehicle" does not include: (i) those portions of a motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space; (ii) a road tractor or truck tractor as defined in Section 41-1a-102; (iii) a mobile home as defined in Section 41-1a-102; (iv) any motor vehicle with a gross laden weight of over 14,000 pounds, except: (A) a motor home as defined under Subsection (3); and (B) a farm tractor as defined in Section 41-1a-102; (v) a motorcycle, as defined in Section 41-1a-102, if the motorcycle is designed primarily for use or operation over unimproved terrain; (vi) an electric assisted bicycle as defined in Section 41-6a-102; (vii) a moped as defined in Section 41-6a-102; or (viii) a motor assisted scooter as defined in Section 41-6a-102. (5) "Recreational vehicle trailer" means a travel trailer, camping trailer, or fifth wheel trailer.
Utah Code § 13-24-9 — Utah Code / Title 13 / Chapter 13-24 / § 13-24-9
§ 13-24-9. Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the chapter among states enacting it.
Utah Code § 13-45-503 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-503
§ 13-45-503. Applicability.
Status: in_force

This part does not apply to the use of a protected consumer's credit report or record by: (1) a person administering a credit file monitoring subscription service to which: (a) the protected consumer has subscribed; or (b) the protected consumer's representative has subscribed on the protected consumer's behalf; (2) a person who, upon request from the protected consumer or the protected consumer's representative, provides the protected consumer or the protected consumer's representative with a copy of the protected consumer's credit report; (3) a check services or fraud prevention services company that issues: (a) reports on incidents of fraud; or (b) authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar payment methods; (4) a deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar information regarding an individual to inquiring banks or other financial institutions for use only in reviewing an individual's request for a deposit account at the inquiring bank or financial institution; (5) an insurance company for the purpose of conducting the insurance company's ordinary business; (6) a consumer reporting agency that: (a) only resells credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and (b) does not maintain a permanent database of credit information from which new credit reports are produced; or (7) a consumer reporting agency's database or file that consists of information that: (a) concerns and is used for: (i) criminal record information; (ii) fraud prevention or detection; (iii) personal loss history information; or (iv) employment, tenant, or individual background screening; and (b) is not used for credit granting purposes.
Utah Code § 13-34-112 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-112
§ 13-34-112. Enforcement of contract or agreement -- Rescission based on defective registration statement -- Rescission based on revocation of certificate of state authorization.
Status: in_force

(1) A postsecondary school subject to this chapter may not enforce in the courts of this state a contract or agreement relating to postsecondary education services unless, at the time the contract or agreement is executed: (a) the division has issued a registration certificate to the postsecondary school; or (b) the postsecondary school is exempt from this chapter under Section 13-34-111. (2) If an accredited postsecondary school's state authorization certificate is revoked in accordance with Section 13-34-106, or the accredited postsecondary school loses its accreditation, a student who enrolled in the postsecondary school in reliance upon the benefits offered by the accredited postsecondary school's possession of a valid state authorization certificate or the accredited postsecondary school's accreditation may rescind an enrollment agreement. (3) If a student rescinds an enrollment agreement as described in Subsection (2), the postsecondary school shall: (a) release the student's future obligation to the postsecondary school for any tuition, fees, or other charges that the student paid to the postsecondary school; and (b) refund the student any tuition, fees, or other charges that the student, or a person on the student's behalf, paid to the postsecondary school.
Utah Code § 13-32-106 — Utah Code / Title 13 / Chapter 13-32 / § 13-32-106
§ 13-32-106. Penalties.
Status: in_force

A person who violates this chapter is guilty of an infraction.
Utah Code § 13-25a-108 — Utah Code / Title 13 / Chapter 13-25a / § 13-25a-108
§ 13-25a-108. Prohibited telephone solicitations.
Status: in_force

(1) A person may not make or cause to be made an unsolicited telephone call to a person: (a) located in the state; and (b) (i) at a Utah telephone number contained in the national "do-not-call" registry established and maintained by the Federal Trade Commission under 16 C.F.R. 310.4(b)(1)(iii)(B); or (ii) at a non-Utah telephone number contained in the national "do-not-call" registry established and maintained by the Federal Trade Commission under 16 C.F.R. 310.4(b)(1)(iii)(B), if the person making the call or causing the call to be made knows or reasonably should know that the person receiving the call is in Utah. (2) Each unsolicited telephone call made in violation of this section is a separate violation.
Utah Code § 13-25a-105 — Utah Code / Title 13 / Chapter 13-25a / § 13-25a-105
§ 13-25a-105. Penalties -- Administrative and criminal.
Status: in_force

(1) Any person who violates this chapter is subject to: (a) a cease and desist order; and (b) an administrative fine of not less than $100 or more than $2,500 for each separate violation. (2) Any person who violates this chapter by soliciting an on-call emergency provider while the on-call emergency provider is on call is subject to: (a) a cease and desist order; and (b) an administrative fine of not less than $1,000 or more than $2,500 for each separate violation. (3) All administrative fines collected under this chapter shall be deposited in the Consumer Protection Education and Training Fund created in Section 13-2-109. (4) Any person who intentionally violates this chapter is guilty of a class A misdemeanor and may be fined up to $2,500. (5) A person intentionally violates this chapter if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter.
Utah Code § 13-42-137 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-137
§ 13-42-137. Statute of limitations -- Tolling.
Status: in_force

The period prescribed in Subsection 13-2-6(6) is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this chapter to be disclosed to the individual, if the information so misrepresented is material to the establishment of the liability of the defendant under this chapter.
Utah Code § 13-53-106 — Utah Code / Title 13 / Chapter 13-53 / § 13-53-106
§ 13-53-106. Disclosure to participants.
Status: in_force

(1) Before accepting a participant, a residential vocational or life skills program shall provide to the prospective participant a written disclosure. (2) The written disclosure shall include: (a) a statement that the program is a registered residential vocational or life skills program, but that the residential vocational or life skills program is not endorsed by the state or the division; (b) a statement that the prospective participant's continuation in the program is voluntary and that a participant may leave at any time; (c) the conditions under which a participant is removed from the residential vocational or life skills program or required to leave a program facility; (d) a statement that the residential vocational or life skills program will contact the Division of Adult Probation and Parole created in Section 64-14-202, if required by law; and (e) a description of: (i) the lodging, food, clothing, and other resources that are available to a participant; (ii) the nature and scope of the residential vocational or life skills program, including any activities or work that a participant is required to perform; (iii) the scope and substance of peer-led activities; (iv) the types of vocational training available to a participant, including the limitations on availability; (v) the nature and extent of possible exposure to profanity, accusation, confrontation, nonphysical threats, or nonphysical corrective interaction; (vi) the terms of any prohibition from contact with a participant's family, friends, or associates; and (vii) any crimes committed within the previous two years at the residential vocational or life skills program facility or at a vocational training entity affiliated with the residential vocational or life skills program.
Utah Code § 13-22-18 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-18
§ 13-22-18. Local ordinance.
Status: in_force

This chapter does not prohibit any political subdivision of the state from enacting any ordinance regulating the solicitation of contributions within the subdivision's boundaries so long as the ordinance only coordinates enforcement of this chapter with the division.
Utah Code § 13-45-401 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-401
§ 13-45-401. Enforcement -- Confidentiality agreement -- Penalties.
Status: in_force

(1) The attorney general may enforce the provisions of this chapter. (2) A person who violates a provision of this chapter is subject to a civil fine of: (a) no greater than $2,500 for a violation or series of violations concerning a specific consumer; and (b) no greater than $100,000 in the aggregate for related violations concerning more than one consumer, unless: (i) the violations concern: (A) 10,000 or more consumers who are residents of the state; and (B) 10,000 or more consumers who are residents of other states; or (ii) the person agrees to settle for a greater amount. (3) (a) In addition to the penalties provided in Subsection (2), the attorney general may seek, in an action brought under this chapter: (i) injunctive relief to prevent future violations of this chapter; and (ii) attorney fees and costs. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the attorney general brings an action under this chapter in the district court, the attorney general shall bring the action in: (i) Salt Lake City; or (ii) the county in which resides a consumer who is the subject of a credit report on which a violation occurs. (4) The attorney general shall deposit any amount received under Subsection (2) or (3) into the Attorney General Litigation Fund created in Section 67-5-40. (5) (a) If the attorney general has reasonable cause to believe that an individual is in possession, custody, or control of information that is relevant to enforcing this chapter, the attorney general may enter into a confidentiality agreement with the individual. (b) In a civil action brought under this chapter, a court may issue a confidentiality order that incorporates the confidentiality agreement described in Subsection (5)(a). (c) A confidentiality agreement entered into under Subsection (5)(a) or a confidentiality order issued under Subsection (5)(b) may: (i) address a procedure; (ii) address testimony taken, a document produced, or material produced under this section; (iii) provide whom may access testimony taken, a document produced, or material produced under this section; (iv) provide for safeguarding testimony taken, a document produced, or material produced under this section; or (v) require that the attorney general: (A) return a document or material to an individual; or (B) notwithstanding Section 63A-12-105 or a retention schedule created in accordance with Section 63G-2-604, destroy the document or material at a designated time. (6) (a) Subject to Subsection (6)(c), the attorney general shall keep confidential a procedure agreed to, testimony taken, a document produced, or material produced under this section pursuant to a subpoena, confidentiality agreement, or confidentiality order, unless the individual who agreed to the procedure, provided testimony, or produced the document or material waives confidentiality in writing. (b) Subject to Subsections (6)(c) and (6)(d), the attorney general may use, in an enforcement action taken under this section, testimony taken, a document produced, or material produced under this section to the extent the use is not restricted or prohibited by a confidentiality agreement or a confidentiality order. (c) The attorney general may use, in an enforcement action taken under this section, testimony taken, a document produced, or material produced under this section that is restricted or prohibited from use by a confidentiality agreement or a confidentiality order if the individual who provided testimony, produced the document, or produced the material waives the restriction or prohibition in writing. (d) The attorney general may disclose testimony taken, a document produced, or material produced under this section, without consent of the individual who provided the testimony, produced the document, or produced the material, or without the consent of an individual being investigated, to: (i) a grand jury; or (ii) a federal or state law enforcement officer, if the person from whom the information was obtained is notified 20 days or greater before the day on which the information is disclosed, and the federal or state law enforcement officer certifies that the federal or state law enforcement officer will: (A) maintain the confidentiality of the testimony, document, or material; and (B) use the testimony, document, or material solely for an official law enforcement purpose. (7) A civil action filed under this chapter shall be commenced no later than five years after the day on which the alleged violation last occurred.
Utah Code § 13-32a-102 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-102
§ 13-32a-102. Definitions.
Status: in_force

As used in this chapter: (1) "Account" means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section 13-32a-113. (2) "Antique item" means an item: (a) that is generally older than 25 years; (b) whose value is based on age, rarity, condition, craftsmanship, or collectability; (c) that is furniture or other decorative objects produced in a previous time period, as distinguished from new items of a similar nature; and (d) obtained from auctions, estate sales, other antique shops, and individuals. (3) "Antique shop" means a business operating at an established location that deals primarily in the purchase, exchange, or sale of antique items. (4) "Automated recycling kiosk" means an interactive machine that: (a) is installed inside a commercial site used for the selling of goods and services to consumers; (b) is monitored remotely by a live representative during the hours of operation; (c) only engages in secondhand merchandise transactions involving wireless communication devices; and (d) has the following technological functions: (i) verifies the seller's identity by a live representative using the individual's identification; (ii) generates a ticket; and (iii) electronically transmits the secondhand merchandise transaction information to the central database. (5) "Automated recycling kiosk operator" means a person whose sole business activity is the operation of one or more automated recycling kiosks. (6) "Catalytic converter" means the same as that term is defined in Section 76-6-1402. (7) (a) "Catalytic converter purchase" means a purchase from an individual of a used catalytic converter that is no longer affixed to a vehicle. (b) "Catalytic converter purchase" does not mean a purchase of a catalytic converter: (i) from a business regularly engaged in automobile repair, crushing, dismantling, recycling, or salvage; (ii) from a new or used vehicle dealer licensed under Title 41, Chapter 3, Motor Vehicle Business Regulation Act; (iii) from another catalytic converter purchaser; or (iv) that has never been affixed to a vehicle. (8) "Catalytic converter purchaser" means a person who purchases a used catalytic converter in a catalytic converter purchase. (9) "Central database" or "database" means the electronic database created and operated under Section 13-32a-105. (10) "Children's product" means a used item that is for the exclusive use of children, or for the care of children, including clothing and toys. (11) "Children's product resale business" means a business operating at a commercial location and primarily selling children's products. (12) "Coin" means a piece of currency, usually metallic and usually in the shape of a disc that is: (a) stamped metal, and issued by a government as monetary currency; or (b) (i) worth more than its current value as currency; and (ii) worth more than its metal content value. (13) "Coin dealer" means a person whose sole business activity is the selling and purchasing of numismatic items and precious metals. (14) "Collectible paper money" means paper currency that is no longer in circulation and is sold and purchased for the paper currency's collectible value. (15) (a) "Commercial grade precious metals" or "precious metals" means ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include: (i) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals; or (ii) .925 fine sterling silver ingots, art bars, and medallions. (b) "Commercial grade precious metals" or "precious metals" does not include jewelry. (16) "Consignment shop" means a business, operating at an established location: (a) that deals primarily in the offering for sale property owned by a third party; and (b) where the owner of the property only receives consideration upon the sale of the property by the business. (17) "Division" means the Division of Consumer Protection created in Chapter 1, Department of Commerce. (18) "Exonumia" means a privately issued token for trade that is sold and purchased for the token's collectible value. (19) "Gift card" means a record that: (a) is usable at: (i) a single merchant; or (ii) a specified group of merchants; (b) is prefunded before the record is used; and (c) can be used for the purchase of goods or services. (20) "Identification" means any of the following non-expired forms of identification issued by a state government, the United States government, or a federally recognized Indian tribe, if the identification includes a unique number, photograph of the bearer, and date of birth: (a) a United States Passport or United States Passport Card; (b) a state-issued driver license; (c) a state-issued identification card; (d) a state-issued concealed carry permit; (e) a United States military identification; (f) a United States resident alien card; (g) an identification of a federally recognized Indian tribe; or (h) notwithstanding Section 53-3-207, a Utah driving privilege card. (21) "IMEI number" means an International Mobile Equipment Identity number. (22) "Indicia of being new" means property that: (a) is represented by the individual pawning or selling the property as new; (b) is unopened in the original packaging; or (c) possesses other distinguishing characteristics that indicate the property is new. (23) "Local law enforcement agency" means the law enforcement agency that has direct responsibility for ensuring compliance with central database reporting requirements for the jurisdiction where the pawn or secondhand business or catalytic converter purchaser is located. (24) "Numismatic item" means a coin, collectible paper money, or exonumia. (25) "Original victim" means a victim who is not a party to the pawn or sale transaction or catalytic converter purchase and includes: (a) an authorized representative designated in writing by the original victim; and (b) an insurer who has indemnified the original victim for the loss of the described property. (26) "Pawn or secondhand business" means a business operated by a pawnbroker or secondhand merchandise dealer, or the owner or operator of the business. (27) "Pawn transaction" means: (a) an extension of credit in which an individual delivers property to a pawnbroker for an advance of money and retains the right to redeem the property for the redemption price within a fixed period of time; (b) a loan of money on one or more deposits of personal property; (c) the purchase, exchange, or possession of personal property on condition of selling the same property back again to the pledgor or depositor; or (d) a loan or advance of money on personal property by the pawnbroker taking chattel mortgage security on the personal property, taking or receiving the personal property into the pawnbroker's possession, and selling the unredeemed pledges. (28) "Pawnbroker" means a person whose business: (a) engages in a pawn transaction; or (b) holds itself out as being in the business of a pawnbroker or pawnshop, regardless of whether the person or business enters into pawn transactions or secondhand merchandise transactions. (29) "Pawnshop" means the physical location or premises where a pawnbroker conducts business. (30) "Pledgor" means an individual who conducts a pawn transaction with a pawnshop. (31) "Property" means an article of tangible personal property, numismatic item, precious metal, gift card, transaction card, or other physical or digital card or certificate evidencing store credit, and includes a wireless communication device. (32) "Retail media item" means recorded music, a movie, or a video game that is produced and distributed in hard copy format for retail sale. (33) "Scrap jewelry" means an item purchased solely: (a) for its gold, silver, or platinum content; and (b) for the purpose of reuse of the metal content. (34) (a) "Secondhand merchandise dealer" means a person whose business: (i) engages in a secondhand merchandise transaction; and (ii) does not engage in a pawn transaction. (b) "Secondhand merchandise dealer" includes a coin dealer and an automated recycling kiosk operator. (c) "Secondhand merchandise dealer" does not include: (i) an antique shop when dealing in antique items; (ii) a person who operates an auction house, flea market, or vehicle, vessel, and outboard motor dealers as defined in Section 41-1a-102; (iii) the sale of secondhand goods at events commonly known as "garage sales," "yard sales," "estate sales," "storage unit sales," or "storage unit auctions"; (iv) the sale or receipt of secondhand books, magazines, post cards, or nonelectronic: (A) card games; (B) table-top games; or (C) magic tricks; (v) the sale or receipt of used merchandise donated to recognized nonprofit, religious, or charitable organizations or any school-sponsored association, and for which no compensation is paid; (vi) the sale or receipt of secondhand clothing, shoes, furniture, or appliances; (vii) a person offering the person's own personal property for sale, purchase, consignment, or trade via the Internet; (viii) a person offering the personal property of others for sale, purchase, consignment, or trade via the Internet, when that person does not have, and is not required to have, a local business or occupational license or other authorization for this activity; (ix) an owner or operator of a retail business that: (A) receives used merchandise as a trade-in for similar new merchandise ; or (B) receives used retail media items as a trade-in for similar new or used retail media items; (x) an owner or operator of a business that contracts with other persons to offer those persons' secondhand goods for sale, purchase, consignment, or trade via the Internet; (xi) any dealer as defined in Section 76-6-1402, that concerns scrap metal and secondary metals; (xii) the purchase of items in bulk that are: (A) sold at wholesale in bulk packaging; (B) sold by a person licensed to conduct business in Utah; and (C) regularly sold in bulk quantities as a recognized form of sale; (xiii) the owner or operator of a children's product resale business; (xiv) a consignment shop when dealing in consigned property; or (xv) a catalytic converter purchaser. (35) "Secondhand merchandise transaction" means the purchase or exchange of used or secondhand property. (36) "Ticket" means a document upon which information is entered when a pawn transaction or secondhand merchandise transaction is made. (37) "Transaction card" means a card, code, or other means of access to a value with the retail business issued to a person that allows the person to obtain, purchase, or receive any of the following: (a) goods; (b) services; (c) money; or (d) anything else of value. (38) "Wireless communication device" means a cellular telephone or a portable electronic device designed to receive and transmit a text message, email, video, or voice communication.
Utah Code § 13-37-201 — Utah Code / Title 13 / Chapter 13-37 / § 13-37-201
§ 13-37-201. Required notice.
Status: in_force

(1) (a) In accordance with this section, a commercial entity shall provide the notice described in this section to a person if: (i) the commercial entity enters into a consumer transaction with that person; (ii) as a result of the consumer transaction described in this Subsection (1)(a), the commercial entity obtains nonpublic personal information concerning that person; and (iii) the commercial entity intends to or wants the ability to disclose the nonpublic personal information: (A) to a third party; and (B) for compensation; and (iv) the compensation described in Subsection (1)(a)(iii)(B): (A) is the primary consideration for the commercial entity disclosing the nonpublic personal information; (B) is directly related to the commercial entity disclosing the nonpublic personal information; and (C) is not compensation received by the commercial entity in consideration of a transaction described in Subsection (5). (b) For purposes of this chapter, a commercial entity is considered to have obtained information as a result of a consumer transaction if: (i) the person provides the information to the commercial entity: (A) at any time during the consumer transaction; and (B) at the request of the commercial entity; or (ii) (A) the commercial entity otherwise obtains the information; and (B) but for the consumer transaction, the commercial entity would not obtain the information. (2) The notice required by Subsection (1) shall be given before the earlier of: (a) the point at which the person is requested to provide the nonpublic personal information; or (b) the commercial entity otherwise obtains the nonpublic personal information as a result of the consumer transaction described in Subsection (1)(a). (3) The notice required by Subsection (1): (a) shall read substantially as follows: "We may choose to disclose nonpublic personal information about you, the consumer, to a third party for compensation."; (b) may be made: (i) orally, if the consumer transaction itself is entirely conducted orally; or (ii) in writing, if the notice is written in dark bold; and (c) shall be sufficiently conspicuous so that a reasonable person would perceive the notice before providing the nonpublic personal information. (4) This chapter does not apply to: (a) a commercial entity that is subject to a federal law or regulation that governs the disclosure of nonpublic information to a third party; or (b) a covered entity as defined in 45 C.F.R. Parts 160 and 164. (5) Notwithstanding the other provisions of this section, a commercial entity is not required to provide notice under this section if: (a) the disclosure of the nonpublic personal information is related to the third party providing to the commercial entity: (i) services, including business outsource services; (ii) personal or real property; or (iii) other thing of value; and (b) compensation received by the commercial entity as part of the transaction is received by the commercial entity for or in consideration of the transaction described in Subsection (5)(a).
Utah Code § 13-61-203 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-203
§ 13-61-203. Controller's response to requests.
Status: in_force

(1) Subject to the other provisions of this chapter, a controller shall comply with a consumer's request under Section 13-61-202 to exercise a right. (2) (a) Within 45 days after the day on which a controller receives a request to exercise a right, the controller shall: (i) take action on the consumer's request; and (ii) inform the consumer of any action taken on the consumer's request. (b) The controller may extend once the initial 45-day period by an additional 45 days if reasonably necessary due to the complexity of the request or the volume of the requests received by the controller. (c) If a controller extends the initial 45-day period, before the initial 45-day period expires, the controller shall: (i) inform the consumer of the extension, including the length of the extension; and (ii) provide the reasons the extension is reasonably necessary as described in Subsection (2)(b). (d) The 45-day period does not apply if the controller reasonably suspects the consumer's request is fraudulent and the controller is not able to authenticate the request before the 45-day period expires. (3) If, in accordance with this section, a controller chooses not to take action on a consumer's request, the controller shall within 45 days after the day on which the controller receives the request, inform the consumer of the reasons for not taking action. (4) (a) A controller may not charge a fee for information in response to a request, unless the request is the consumer's second or subsequent request during the same 12-month period. (b) (i) Notwithstanding Subsection (4)(a), a controller may charge a reasonable fee to cover the administrative costs of complying with a request or refuse to act on a request, if: (A) the request is excessive, repetitive, technically infeasible, or manifestly unfounded; (B) the controller reasonably believes the primary purpose in submitting the request was something other than exercising a right; or (C) the request, individually or as part of an organized effort, harasses, disrupts, or imposes undue burden on the resources of the controller's business. (ii) A controller that charges a fee or refuses to act in accordance with this Subsection (4)(b) bears the burden of demonstrating the request satisfied one or more of the criteria described in Subsection (4)(b)(i). (5) If a controller is unable to authenticate a consumer request to exercise a right described in Section 13-61-201 using commercially reasonable efforts, the controller: (a) is not required to comply with the request; and (b) may request that the consumer provide additional information reasonably necessary to authenticate the request.
Utah Code § 13-44-101 — Utah Code / Title 13 / Chapter 13-44 / § 13-44-101
§ 13-44-101. Title.
Status: in_force

This chapter is known as the "Protection of Personal Information Act."
Utah Code § 13-24-8 — Utah Code / Title 13 / Chapter 13-24 / § 13-24-8
§ 13-24-8. Effect on other law.
Status: in_force

(1) Except as provided in Subsection (2), this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. (2) This chapter does not affect: (a) contractual remedies, whether or not based upon misappropriation of a trade secret; (b) other civil remedies that are not based upon misappropriation of a trade secret; or (c) criminal remedies, whether or not based upon misappropriation of a trade secret.
Utah Code § 13-50-201 — Utah Code / Title 13 / Chapter 13-50 / § 13-50-201
§ 13-50-201. Title.
Status: in_force

This part is known as "Right to Cancel Certain Residential Construction Contracts."
Utah Code § 13-61-502 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-502
§ 13-61-502. Motor vehicle manufacturer requirements.
Status: in_force

1/1/2027 (1) Except as provided in Subsection (2), a motor vehicle manufacturer shall, for a motor vehicle with a model year 2030 or later, provide in-vehicle privacy controls that allow a consumer to: (a) view the categories of personal data the vehicle data collection system collects; (b) view the categories of third parties with whom the motor vehicle manufacturer shares personal data; (c) opt out of the sale of personal data or processing for targeted advertising; and (d) delete readily accessible data. (2) A motor vehicle manufacturer is not required to comply with Subsection (1) for a specific motor vehicle model if the manufacturer demonstrates that the model is not technologically capable of providing the privacy controls described in Subsection (1). (3) A motor vehicle manufacturer shall make the in-vehicle privacy controls described in Subsection (1): (a) accessible through the motor vehicle's in-vehicle interface; (b) accessible to any individual operating the motor vehicle; and (c) clearly labeled and easy to locate within the in-vehicle interface. (4) The settings selected by a consumer using the in-vehicle privacy controls shall remain in effect until the consumer changes the settings. (5) A motor vehicle manufacturer may provide the consumer with access to privacy controls through a website or mobile application in addition to the in-vehicle privacy controls required by this section, but may not require the consumer to use a website or mobile application to exercise the rights described in this section. (6) If a motor vehicle manufacturer receives a court order requiring deletion or a request that includes a copy of a legally issued protective order, the motor vehicle manufacturer shall delete all personal data within five business days after the day on which the motor vehicle manufacturer receives the court order or request.
Utah Code § 13-53-104 — Utah Code / Title 13 / Chapter 13-53 / § 13-53-104
§ 13-53-104. Registration denial, suspension, or revocation.
Status: in_force

(1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate proceedings to deny, suspend, or revoke the registration of a residential vocational or life skills program, if the division finds that the denial, suspension, or revocation is in the public interest and: (a) (i) the entity holding the registration fails to meet the description of a residential vocational or life skills program under Subsection 13-53-102(5); and (ii) the operation of the residential vocational or life skills program creates a serious risk to public safety or welfare; (b) the residential vocational or life skills program does not have adequate controls to minimize associated risks to: (i) the participants of the residential vocational or life skills program; and (ii) the public; (c) the registration application or any supplemental information the division requires is incomplete, false, misleading, or filed in an untimely manner; or (d) the applicant or the applicant's principal: (i) violates, causes a violation, allows a violation, or fails to satisfy the requirements of a provision of: (A) this chapter; or (B) a rule the division makes in accordance with this chapter; (ii) violates Chapter 11, Utah Consumer Sales Practices Act; (iii) is enjoined by a court, or is the subject of an administrative or judicial order issued in Utah or another state, if the order: (A) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (B) is based on a finding of a lack of integrity, truthfulness, or mental competence; (iv) is convicted of a crime involving theft, fraud, or dishonesty; (v) obtains or attempts to obtain a registration by misrepresenting a material fact; (vi) fails to provide information the division requests; (vii) fails to pay an administrative fine the division or an administrative or judicial order imposes; or (viii) fails to pay the fee to file a registration application or a renewal application. (2) The division may place reasonable limits upon a residential vocational or life skills program's operations, if: (a) the division has reasonable concerns about the residential vocational or life skills program's ability to comply with this chapter; and (b) the limitation is reasonably calculated to protect the interests of the public or the participants of the residential vocational or life skills program. (3) When the demands of public safety permit, the division shall allow a residential vocational or life skills program a reasonable amount of time to remedy a violation under this chapter before the division suspends or revokes a registration. (4) The division may require an individual described in Subsection 13-53-103(2)(b)(v) to submit to a criminal background check, at the individual's expense or the expense of the residential vocational or life skills program.
Utah Code § 13-32a-112.5 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-112.5
§ 13-32a-112.5. Temporary businesses subject to chapter.
Status: in_force

A pawn or secondhand business or catalytic converter purchaser that operates on a temporary basis or from a location that is not a permanent retail location: (1) shall comply with this chapter; and (2) is subject to enforcement of this chapter.
Utah Code § 13-37-203 — Utah Code / Title 13 / Chapter 13-37 / § 13-37-203
§ 13-37-203. Liability and remedy.
Status: in_force

(1) As a person's only remedy under this chapter, a person may bring an individual action, not a class action or act in a representative capacity, against a commercial entity in a federal or state court with jurisdiction if: (a) the commercial entity enters into a consumer transaction with that person; (b) as a result of the consumer transaction described in Subsection (1)(a), the commercial entity obtains nonpublic personal information concerning that person; and (c) the commercial entity violates this chapter. (2) In an action brought under Subsection (1), a commercial entity that violates this chapter is liable to the person individually, but not to a class or to a person in a representative capacity, who brings the action for: (a) $500 for each time the commercial entity fails to provide the notice required by this section in relation to the nonpublic personal information of the person who brings the action; and (b) court costs. (3) An action for a violation of this chapter may only be brought in accordance with Section 78B-2-302 within one year from the day of the consumer transaction at issue. (4) The Legislature finds that since January 1, 2004, the prohibition on bringing a class action is a remedy provision and not merely procedural.
Utah Code § 13-1a-105 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-105
§ 13-1a-105. Annual budget.
Status: in_force

10/1/2026On or before October 1 each year, the director shall prepare and submit to the executive director an annual budget of the administrative expenses of the division.
Utah Code § 13-34-106 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-106
§ 13-34-106. Denial, suspension, or revocation of registration statement, registration certificate, or state authorization certificate -- Limits on registration certificate and state authorization certificate.
Status: in_force

(1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke a registration statement, registration certificate, or state authorization certificate if: (a) the division finds that the denial, suspension, or revocation is in the public interest; and (b) (i) the registration statement is incomplete, false, or misleading; (ii) the division determines that a postsecondary school's educational credential represents undertaking or completing an educational achievement that has not been undertaken or completed; or (iii) a postsecondary school or a principal of the postsecondary school: (A) violates, causes a violation, or allows a violation of a provision of: (I) this chapter; (II) a rule made by the division under this chapter; or (III) a commitment made in a registration statement; (B) violates Chapter 11, Utah Consumer Sales Practices Act; (C) is enjoined by a court, or is the subject of an administrative or judicial order issued in Utah or another state, if the injunction or order: (I) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (II) is based on a finding of lack of integrity, truthfulness, or mental competence; (D) is convicted of a crime involving theft, fraud, or dishonesty; (E) obtains or attempts to obtain a registration certificate by misrepresenting any material fact; (F) fails to timely file with the division a report required by: (I) this chapter; or (II) a rule the division makes under this chapter; (G) fails to provide information the division requests; (H) fails to pay an administrative fine the division imposes under this chapter, or a fine an administrative or judicial order in Utah or another state imposes; (I) fails to demonstrate fiscal responsibility; (J) fails to pay the fee required to file a registration statement; (K) fails to satisfy the requirements of this chapter or rule made by the division under this chapter; or (L) fails to satisfy a reasonable restriction or condition the division imposes under Subsection (2). (2) The division may impose reasonable restrictions and conditions on a postsecondary school's registration certificate or state authorization certificate if: (a) the restriction or condition protects student interests; and (b) a behavior or condition described in Subsection (1)(b) applies to the postsecondary school or the postsecondary school's principal, registration statement, or educational credential.
Utah Code § 13-11-21.1 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-21.1
§ 13-11-21.1. Retrospective Operation.
Status: in_force

The provisions of Laws of Utah 2024, Chapter 222 apply to any claim for which a court has not issued a final, unappealable judgment or order as of May 1, 2024.
Utah Code § 13-15-303 — Utah Code / Title 13 / Chapter 13-15 / § 13-15-303
§ 13-15-303. Denial, suspension, or revocation of proof of disclosure receipt or proof of notice receipt.
Status: in_force

In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke, a proof of disclosure receipt or proof of notice receipt if: (1) the division finds that the denial, suspension, or revocation is in the public interest; and (2) (a) the filing is incomplete, false, or misleading; or (b) the seller or seller's principal: (i) violates, causes a violation, or allows a violation or fails to satisfy the requirements of a provision of: (A) this chapter; or (B) a rule the division makes in accordance with this chapter; (ii) violates Chapter 11, Utah Consumer Sales Practices Act; (iii) is enjoined by a court, or is the subject of an administrative or judicial order issued in Utah or another state, if the order: (A) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (B) is based on a finding of a lack of integrity, truthfulness, or mental competence; (iv) is convicted of a crime involving theft, fraud, or dishonesty; (v) obtains or attempts to obtain a proof of disclosure receipt or proof of notice receipt by misrepresenting a material fact; (vi) fails to provide information the division requests; (vii) fails to pay an administrative fine imposed by the division or an administrative or judicial order; or (viii) fails to pay the fee to file a registration application or a renewal application.
Utah Code § 13-9-1 — Utah Code / Title 13 / Chapter 13-9 / § 13-9-1
§ 13-9-1. "Foreign-Trade Zones Act" defined.
Status: in_force

As used in this act:Foreign-Trade Zones Act means the act passed by the United States Congress identified as the Foreign-Trade Zones Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as amended by Public Law 566, 81st Congress, approved June 17, 1950, together with any subsequent amendments to that act and any rules and regulations promulgated pursuant to the authority granted by the act.
Utah Code § 13-24-2 — Utah Code / Title 13 / Chapter 13-24 / § 13-24-2
§ 13-24-2. Definitions.
Status: in_force

As used in this chapter, unless the context requires otherwise: (1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. (2) "Misappropriation" means: (a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (b) disclosure or use of a trade secret of another without express or implied consent by a person who: (i) used improper means to acquire knowledge of the trade secret; or (ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: (A) derived from or through a person who had utilized improper means to acquire it; (B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or (iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. (3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Utah Code § 13-45-501 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-501
§ 13-45-501. Title.
Status: in_force

This part is known as "Credit Report Protection for Minors."
Utah Code § 13-68-205 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-205
§ 13-68-205. Denial, suspension, or revocation of an application or registration.
Status: in_force

In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke an application or registration if: (1) the division finds that the denial, suspension, or revocation is in the public interest; and (2) (a) the registration is incomplete, false, or misleading; or (b) the applicant or the applicant's principal: (i) violates, causes a violation, allows a violation, or fails to satisfy the requirements of a provision of: (A) this chapter; or (B) a rule the division makes in accordance with this chapter; (ii) violates Chapter 11, Utah Consumer Sales Practices Act; (iii) is enjoined by a court, or is the subject of an administrative or judicial order issued in Utah or another state, if the order: (A) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (B) is based on a finding of a lack of integrity, truthfulness, or mental competence; (iv) is convicted of a crime involving theft, fraud, or dishonesty; (v) obtains or attempts to obtain a registration by misrepresenting a material fact; (vi) fails to provide information the division requests; (vii) fails to pay an administrative fine the division or an administrative or judicial order imposes; or (viii) fails to pay the fee to file a registration application or a renewal application.
Utah Code § 13-45-301 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-301
§ 13-45-301. Protection of personal information.
Status: in_force

(1) Except as allowed by other law, a person may not display a Social Security number in a manner or location that is likely to be open to public view. (2) The state, or a branch, agency, or political subdivision of the state, may not employ or contract for the employment of an inmate in any Department of Corrections facility or county jail in any capacity that would allow any inmate access to any other person's personal information.
Utah Code § 13-19-3 — Utah Code / Title 13 / Chapter 13-19 / § 13-19-3
§ 13-19-3. Violation an infraction.
Status: in_force

Notwithstanding the penalty provisions of Title 76, Chapter 6, Part 6, Retail Theft, a violation of this chapter is an infraction.
Utah Code § 13-31-203 — Utah Code / Title 13 / Chapter 13-31 / § 13-31-203
§ 13-31-203. Scope of part.
Status: in_force

In determining whether a customer has claimed possession of a mold within three years following the last prior use, a molder may include any period following the last prior use of a mold even if that period is prior to May 4, 1998.
Utah Code § 13-82-101 — Utah Code / Title 13 / Chapter 13-82 / § 13-82-101
§ 13-82-101. Definitions.
Status: in_force

As used in this section: (1) "Chemical" means: (a) lead; (b) cadmium; (c) arsenic; (d) dioxin (2,3,7,8-tetrachlordibenzo-p-dioxin (TCDD)); or (e) PFAS. (2) (a) "Confidential business information" means an ingredient intentionally added, or a combination of ingredients intentionally added, for which: (i) the Administrator of the United States Environmental Protection Agency has approved a claim for inclusion on the confidential portion of the Toxic Substances Control Act Chemical Substance Inventory in accordance with 15 U.S.C. Sec. 2607(b); or (ii) the manufacturer claims is a trade secret, as that term is defined in Section 13-24-2, in accordance with Title 13, Chapter 24, Uniform Trade Secrets Act. (b) "Confidential business information" does not include a chemical. (3) "Division" means the Division of Consumer Protection established in Section 13-2-1. (4) "Ingredient intentionally added" means a chemical, substance, or combination of substances in a menstrual product that serves a technical or functional purpose in the finished menstrual product. (5) "Manufacturer" means a manufacturer of a menstrual product sold, offered for sale, or distributed in the state. (6) "Menstrual product" means, whether disposable or reusable: (a) a tampon; (b) a sanitary napkin; (c) a menstrual cup; or (d) another similar product designed for hygiene in connection with the human menstrual cycle. (7) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a substance that is a member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Utah Code § 13-26-101 — Utah Code / Title 13 / Chapter 13-26 / § 13-26-101
§ 13-26-101. Definitions.
Status: in_force

As used in this chapter: (1) "Affiliated person" means a seller or a seller's contractor, director, employee, officer, owner, or partner. (2) "Continuity plan" means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount. (3) "Director" means the director of the division appointed under Section 13-2-103. (4) "Division" means the Division of Consumer Protection created in Section 13-2-102. (5) "Fictitious personal name" means a name other than an individual's legal name. (6) "Material fact" means information that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation. (7) "Material statement" means a statement a seller or a solicitor makes that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation. (8) "Participant" means a person seeking to register or renew a registration as a seller including: (a) a seller; (b) an owner; (c) an officer; (d) a director; (e) a member or manager of a limited liability company; (f) a principal; (g) a trustee; (h) a general or limited partner; (i) a sole proprietor; or (j) an individual with a controlling interest in an entity. (9) "Premium" means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services. (10) "Seller" means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that: (a) on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation: (i) makes a telephone solicitation; or (ii) causes a telephone solicitation to be made; or (b) through a solicitor: (i) makes a telephone solicitation; or (ii) causes a telephone solicitation to be made. (11) "Solicitor" means an individual who engages in a telephone solicitation on behalf of a seller. (12) "Standing order arrangements," means a product or service that a person provides, with the prior express request or consent of the buyer, for a specified period of time at a price dependent on the duration of service and to complement an initial purchase. (13) (a) "Telephone solicitation" means: (i) a sale or solicitation of goods or services in which: (A) (I) the seller solicits the sale over the telephone; (II) the purchaser's agreement to purchase is made over the telephone; and (III) the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services; (B) the seller, not exempt under Section 13-26-104, induces a prospective purchaser over the telephone, to make and keep an appointment that directly results in the purchase of goods or services by the purchaser that would not have occurred without the telephone solicitation and inducement by the seller; (C) the seller offers or promises a premium to a prospective purchaser if: (I) the seller induces the prospective purchaser to initiate a telephone contact with the seller; and (II) the resulting solicitation meets the requirements of this Subsection (13)(a); or (D) the seller solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with an appeal made for a charitable purpose by an organization that is not otherwise exempt under Subsection 13-26-104(2)(b)(iv); or (ii) a person making or causing to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. (b) "Telephone solicitation" does not include a sale or solicitation that occurs solely through a website without the use of a telephone call.
Utah Code § 13-13-2 — Utah Code / Title 13 / Chapter 13-13 / § 13-13-2
§ 13-13-2. Definitions.
Status: in_force

As used in this chapter: (1) "Distributor" means any person engaged in the business of renting, selling or licensing motion pictures to exhibitors. (2) "Exhibitor" means any person engaged in the business of operating a theatre in this state. (3) "License agreement" means any contract between a distributor and an exhibitor for the exhibition of a motion picture by the exhibitor in this state. (4) "Theatre" means any establishment in which motion pictures are exhibited regularly to the public for a charge.
Utah Code § 13-59-201 — Utah Code / Title 13 / Chapter 13-59 / § 13-59-201
§ 13-59-201. Misrepresentation of health insurance coverage.
Status: in_force

(1) A health care provider or a health care provider's representative may not represent to an enrollee that the health care provider is a contracted provider under the enrollee's health benefit plan if the health care provider is not a contracted provider under the enrollee's health benefit plan. (2) A knowing or intentional violation of Subsection (1) is a deceptive act or practice under Section 13-11-4.
Utah Code § 13-52-204 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-204
§ 13-52-204. Contents of disclosure statement for system lease agreement.
Status: in_force

If a solar retailer is proposing to enter a system lease agreement with a potential customer, the disclosure statement required in Subsection 13-52-201(1) shall include: (1) a statement with substantially the following form and content: "You are entering an agreement to lease an energy generation system. You will lease (not own) the system installed on your property. You will not be entitled to any federal tax credit associated with the lease."; (2) information about whether the system lease agreement may be transferred to a purchaser of the home or real property where the system is located and, if so, any conditions for a transfer; (3) if the solar retailer will not obtain insurance against damage or loss to the system, a statement to that effect and a description of the consequences to the customer if there is damage or loss to the system; and (4) information about what will happen to the system at the end of the term of the system lease agreement.
Utah Code § 13-52-103 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-103
§ 13-52-103. Applicability of chapter.
Status: in_force

This chapter: (1) applies to each solar agreement entered into on or after September 3, 2018, including a solar agreement that accompanies the transfer of ownership or lease of real property; and (2) does not apply to: (a) the transfer of title or rental of real property on which a residential solar energy system is or is expected to be located, if the presence of the residential solar energy system is incidental to the transfer of title or rental; (b) a lender, governmental entity, or other third party that enters into an agreement with a customer to finance a residential solar energy system but is not a party to a system purchase agreement, power purchase agreement, or lease agreement; (c) a sale or lease of, or the purchase of electricity from, a solar energy system that is not a residential solar energy system; or (d) the lease of a residential solar energy system or the purchase of power from a residential solar energy system under an agreement providing for payments over a term of less than five years.
Utah Code § 13-42-107 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-107
§ 13-42-107. Application for registration -- Obligation to update information.
Status: in_force

An applicant or registered provider shall notify the division no later than 10 days after the day on which the change in the information specified in Subsection 13-42-105(2)(d) or (f) or Subsection 13-42-106(1), (3), (6), (12), or (13) occurs.
Utah Code § 13-11-20 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-20
§ 13-11-20. Class actions.
Status: in_force

(1) An action may be maintained as a class action under this act only if: (a) the class is so numerous that joinder of all members is impracticable; (b) there are questions of law or fact common to the class; (c) the claims or defenses of the representative parties are typical of the claims or defenses of the class; (d) the representative parties will fairly and adequately protect the interests of the class; and (e) (i) the prosecution of separate actions by or against individual members of the class would create a risk of: (A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (B) adjudications with respect to individual members of the class that would as a practical matter dispose of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect the other members' interests; (ii) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (iii) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. (2) The matters pertinent to the findings under Subsection (1)(e)(iii) include: (a) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (b) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (c) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and (d) the difficulties likely to be encountered in the management of a class action. (3) (a) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether the action is to be so maintained. (b) An order under this subsection may be conditional, and the order may be amended before decision on the merits. (4) (a) In a class action maintained under Subsection (1)(e), the court may direct to the members of the class the best notice practicable under the circumstances, including individual notice to each member who can be identified through reasonable effort. (b) The notice shall advise each member that: (i) the court will exclude the member from the class, unless the member requests inclusion, by a specified date; (ii) the judgment, whether favorable or not, will include all members who request inclusion; and (iii) a member who requests inclusion may, if the member desires, enter an appearance through counsel. (5) When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class. (6) In the conduct of a class action the court may make appropriate orders: (a) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (b) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in the manner the court directs to some or all of the members or to the division of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether the members consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (c) imposing conditions on the representative parties or on intervenors; (d) requiring that the pleadings be amended to eliminate allegations as to representation of absent persons, and that the action proceed accordingly; or (e) dealing with similar procedural matters. (7) (a) A class action may not be dismissed or compromised without approval of the court. (b) Notice of the proposed dismissal or compromise shall be given to all members of the class as the court directs. (8) (a) The judgment in an action maintained as a class action under Subsection (1)(e)(i) or (ii), whether or not favorable to the class, shall describe those whom the court finds to be members of the class. (b) The judgment in a class action under Subsection (1)(e)(iii), whether or not favorable to the class, shall specify or describe the members to whom the notice provided in Subsection (4) was directed, and who have requested inclusion, and whom the court finds to be members of the class.
Utah Code § 13-10b-401 — Utah Code / Title 13 / Chapter 13-10b / § 13-10b-401
§ 13-10b-401. Law enforcement functions exempt.
Status: in_force

This part does not prohibit any lawful investigation or collection of evidence by a federal, state, or local law enforcement or investigative agency by means of any audiovisual recording device used in a motion picture theater as part of investigative, protective, or law enforcement functions.
Utah Code § 13-79-101 — Utah Code / Title 13 / Chapter 13-79 / § 13-79-101
§ 13-79-101. Definitions.
Status: in_force

As used in this part: (1) "Association of lot owners" means an association as that term is defined in Section 57-8a-102. (2) "Association of unit owners" means the same as that term is defined in Section 57-8-3. (3) "Department" means the Department of Commerce created in Section 13-1-2. (4) "Governing documents of an association of lot owners" means the same as governing documents as that term is defined in Section 57-8a-102. (5) "Governing documents of an association of unit owners" means the same as governing documents as that term is defined in Section 57-8-3. (6) "Lot owner" means the same as that term is defined in Section 57-8a-102. (7) "Office" means the Office of the Homeowners' Association Ombudsman created in Section 13-79-102. (8) "Unit owner" means the same as that term is defined in Section 57-8-3.
Utah Code § 13-42-130 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-130
§ 13-42-130. Advertising.
Status: in_force

(1) If a provider whose agreements contemplate that creditors will reduce finance charges or fees for late payment, default, or delinquency advertises debt-management services, it shall disclose, in an easily comprehensible manner, that using a debt-management plan may make it harder for the individual to obtain credit. (2) If a provider whose agreements contemplate that creditors will settle for less than the full principal amount of debt that advertises debt-management services, it shall disclose, in an easily comprehensible manner: (a) the information specified in Subsections 13-42-117(4)(e) and (f); and (b) the provider's settlement fee structure, consistent with the limitations of Section 13-42-123.
Utah Code § 13-66-101 — Utah Code / Title 13 / Chapter 13-66 / § 13-66-101
§ 13-66-101. Definitions.
Status: in_force

As used in this chapter: (1) "Boycotted company" means a company that: (a) engages in, facilitates, or supports the manufacture, import, distribution, advertising, sale, or lawful use of a firearm, ammunition, or another component or accessory of a firearm or ammunition; or (b) does not meet or commit to meet: (i) environmental, social, or governance criteria in that the company engages in the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based or nuclear energy, timber, mining, or agriculture; or (ii) environmental standards, including standards for eliminating, reducing, offsetting, or disclosing greenhouse gas-emissions, beyond applicable state and federal law requirements. (2) (a) "Company" means a corporation, partnership, limited liability company, or similar entity. (b) "Company" includes any wholly-owned subsidiary, majority-owned subsidiary, parent company, or affiliate of an entity described in Subsection (2)(a).
Utah Code § 13-14-106 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-106
§ 13-14-106. Administrative proceedings commenced by the agency.
Status: in_force

(1) Except as provided in Subsection (3), after a hearing, if the executive director finds that a person has violated this chapter or any rule made under this chapter, the executive director may: (a) issue a cease and desist order; and (b) assess an administrative fine. (2) (a) In determining the amount and appropriateness of an administrative fine under Subsection (1), the executive director shall consider: (i) the gravity of the violation; (ii) any history of previous violations; and (iii) any attempt made by the person to retaliate against another person for seeking relief under this chapter or other federal or state law relating to the motor vehicle industry. (b) In addition to any other action permitted under Subsection (1), the department may file an action with a court seeking to enforce the executive director's order and pursue the executive director's assessment of a fine in an amount not to exceed $5,000 for each day a person violates an order of the executive director. (3) (a) In addition to the grounds for issuing an order on an emergency basis listed in Subsection 63G-4-502(1), the executive director may issue an order on an emergency basis if the executive director determines that irreparable damage is likely to occur if immediate action is not taken. (b) In issuing an emergency order under Subsection (3)(a) the executive director shall comply with the requirements of Subsections 63G-4-502(2) and (3).
Utah Code § 13-22-104 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-104
§ 13-22-104. Registration required.
Status: in_force

(1) Unless a person acting as a professional fundraiser registers with the division in accordance with Section 13-22-105, the person may not: (a) make or facilitate a charitable solicitation either directed toward the state or originating from the state; or (b) maintain a place of business in the state or employ an individual located in the state. (2) Unless a person acting as a professional fundraising consultant registers with the division in accordance with Section 13-22-105, the person may not: (a) maintain a place of business in the state or employ an individual located in the state; or (b) provide any service of a professional fundraising consultant to or for a charitable organization, or any other person, over which the state has general jurisdiction. (3) Registration as a professional fundraiser or professional fundraising consultant does not mean the division or the state approves or endorses the professional fundraiser or professional fundraising consultant.
Utah Code § 13-32a-110.5 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-110.5
§ 13-32a-110.5. Transactions with certain individuals prohibited.
Status: in_force

A pawn or secondhand business or catalytic converter purchaser may not engage in a pawn transaction or secondhand merchandise transaction or catalytic converter purchase with an individual who: (1) is younger than 18 years old; or (2) appears to be under the influence of alcohol or a controlled substance.
Utah Code § 13-11-3 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-3
§ 13-11-3. Definitions.
Status: in_force

As used in this chapter: (1) "Charitable solicitation" means any request directly or indirectly for money, credit, property, financial assistance, or any other thing of value on the plea or representation that it will be used for a charitable purpose. A charitable solicitation may be made in any manner, including: (a) any oral or written request, including a telephone request; (b) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or (c) the sale of, offer or attempt to sell, or request of donations for any book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket, flower, flag, button, sticker, ribbon, token, trinket, tag, souvenir, candy, or any other article in connection with which any appeal is made for any charitable purpose, or where the name of any charitable organization or movement is used or referred to as an inducement or reason for making any purchase donation, or where, in connection with any sale or donation, any statement is made that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. A charitable solicitation is considered complete when made, whether or not the organization or person making the solicitation receives any contribution or makes any sale. (2) (a) "Consumer transaction" means a sale, lease, assignment, award by chance, or other written or oral transfer or disposition of goods, services, or other property, both tangible and intangible (except securities and insurance) to, or apparently to, a person for: (i) primarily personal, family, or household purposes; or (ii) purposes that relate to a business opportunity that requires: (A) expenditure of money or property by the person described in Subsection (2)(a); and (B) the person described in Subsection (2)(a) to perform personal services on a continuing basis and in which the person described in Subsection (2)(a) has not been previously engaged. (b) "Consumer transaction" includes: (i) any of the following with respect to a transfer or disposition described in Subsection (2)(a): (A) an offer; (B) a solicitation; (C) an agreement; or (D) performance of an agreement; or (ii) a charitable solicitation. (3) "Division" means the Division of Consumer Protection. (4) "Final judgment" means a judgment, including any supporting opinion, that determines the rights of the parties and concerning which appellate remedies have been exhausted or the time for appeal has expired. (5) "Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not the person deals directly with the consumer. (6) "Vulnerable adult" means the same as that term is defined in Section 26B-6-201.
Utah Code § 13-52-102 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-102
§ 13-52-102. Definitions.
Status: in_force

As used in this chapter: (1) "Actual energy production" means the average kilowatt-hours produced and measured by the residential solar energy system during the 12 consecutive months immediately following the residential solar energy system's activation. (2) "Customer" means a person that, for primarily personal, family, or household purposes: (a) purchases, or is solicited to purchase, a residential solar energy system under a system purchase agreement; (b) leases, or is solicited to lease, a residential solar energy system under a system lease agreement; or (c) purchases, or is solicited to purchase, electricity under a power purchase agreement. (3) "Division" means the Division of Consumer Protection, established in Section 13-2-102. (4) (a) "Employee" means an individual whose compensation for federal income tax purposes is reported, or is required to be reported, on a W-2 form the employer issues. (b) "Employee" does not include an independent contractor whose manner and means of work performance are not subject to direction, supervision, or instruction from the person who employs the independent contractor. (5) "Estimated energy production" means the solar retailer's estimate, measured by kilowatt-hour, of how much energy the residential solar energy system will produce. (6) "Nameplate capacity" means the sum of the maximum rated outputs of all electrical generating equipment under specific conditions the manufacturer designates, as indicated on the nameplate physically attached to the equipment. (7) "Participant" means an owner, officer, director, member or manager of a limited liability company, principal, trustee, general or limited partner, sole proprietor, or an individual, with a controlling interest in an entity. (8) "Power purchase agreement" means an agreement: (a) between a customer and a solar retailer; (b) for the customer's purchase of electricity that a residential solar energy system owned by the solar retailer generates; and (c) that provides for the customer to make payments over a term of at least five years. (9) (a) "Residential solar energy system" means a solar energy system that: (i) is installed in the state; (ii) generates electricity primarily for on-site consumption for personal, family, or household purposes; (iii) is situated on no more than four units of residential real property; and (iv) has an electricity delivery capacity that exceeds one kilowatt. (b) "Residential solar energy system" does not include a generator that: (i) produces electricity; and (ii) is intended for occasional use. (10) "Sales representative" means an individual who: (a) (i) enters into a business relationship with a solar retailer to sell or attempt to sell a residential solar energy system through direct contact with customers and potential customers; and (ii) as part of the business relationship described in Subsection (10)(a), is compensated, in whole or in part, by commission; or (b) sets appointments or discusses the benefits of solar energy with a potential customer on behalf of a solar retailer. (11) "Solar agreement" means a system purchase agreement, a system lease agreement, or a power purchase agreement. (12) "Solar energy system" means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. (13) "Solar retailer" means a person who: (a) sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement; (b) owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or (c) sells or proposes to sell electricity to a customer under a power purchase agreement. (14) "System lease agreement" means an agreement: (a) under which a customer leases a residential solar energy system from a solar retailer; and (b) that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system. (15) "System purchase agreement" means an agreement under which a customer purchases a residential solar energy system from a solar retailer.
Utah Code § 13-32a-104 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-104
§ 13-32a-104. Tickets required to be maintained -- Contents -- Identification of items -- Exceptions -- Prohibition against pawning or selling certain property.
Status: in_force

(1) A pawn or secondhand business shall keep a ticket for property a person pawns or sells to the pawn or secondhand business. A pawn or secondhand business shall document on the ticket the following information regarding the property: (a) the date and time of the transaction; (b) whether the transaction is a pawn or purchase; (c) the ticket number; (d) the date by which the property must be redeemed, if the property is pawned; (e) the following information regarding the individual who pawns or sells the property: (i) the individual's full name and date of birth as they appear on the individual's identification and the individual's residence address and telephone number; (ii) the unique number and type of identification presented to the pawn or secondhand business; (iii) the individual's signature; and (iv) (A) subject to any rule made under Subsection (8), an electronic or tangible legible fingerprint of the individual's right index finger, or if the right index finger cannot be fingerprinted, a legible fingerprint of the individual with a notation identifying the fingerprint and the reason why the right index fingerprint was unavailable; and (B) notwithstanding the other provisions of this Subsection (1), an electronic legible fingerprint is not required to be documented on the ticket; (f) the amount loaned on, paid for, or value for trade-in of each article of property; (g) the full name of the individual conducting the pawn transaction or secondhand merchandise transaction on behalf of the pawn or secondhand business or the initials or a unique identifying number of the individual, if the pawn or secondhand business maintains a record of the initials or unique identifying number of the individual; and (h) an accurate description of each article of property, with available identifying marks, including: (i) (A) names, brand names, numbers, serial numbers, model numbers, IMEI numbers, color, manufacturers' names, and size; (B) metallic composition, and any jewels, stones, or glass; (C) any other marks of identification or indicia of ownership on the property; (D) the weight of the property, if the payment is based on weight; (E) any other unique identifying feature; and (F) gold content, if indicated; or (ii) if multiple articles of property of a similar nature are delivered together in one transaction and the articles of property do not bear serial or model numbers and do not include precious metals or gemstones, such as musical or video recordings, books, or hand tools, the description of the articles is adequate if it includes the quantity of the articles and a description of the type of articles delivered. (2) (a) A pawn or secondhand business may not accept property if, upon inspection, it is apparent that: (i) a serial number or another form of indicia of ownership has been removed, altered, defaced, or obliterated; (ii) the property is not a numismatic item and has indicia of being new, but is not accompanied by a written receipt or other satisfactory proof of ownership other than the seller's own statement; or (iii) except as provided in Subsection 13-32a-103.1(3), the property is a gift card, transaction card, or other physical or digital card or certificate evidencing store credit. (b) A pawn or secondhand business is not subject to Subsection (2)(a)(ii) if the pawn or secondhand business is the original seller of the property and is accepting a return of the property as provided by the pawn or secondhand business' established return policy. (c) Property is presumed to have had indicia of being new at the time of a transaction if the property is subsequently advertised by the pawn or secondhand business as being new. (3) (a) An individual may not pawn or sell any property to a business regulated under this chapter if the property is subject to being turned over to a law enforcement agency in accordance with Title 77, Chapter 11d, Lost or Mislaid Property. (b) If an individual attempts to sell or pawn property to a business regulated under this chapter and the employee or owner of the business knows or has reason to know that the property is subject to Title 77, Chapter 11d, Lost or Mislaid Property, the employee or owner shall advise the individual of the requirements of Title 77, Chapter 11d, Lost or Mislaid Property, and may not receive the property in pawn or sale. (4) A coin dealer is subject to Section 13-32a-104.5 and not subject to this section. (5) An automated recyling kiosk operator is subject to Section 13-32a-104.6 and is not subject to this section. (6) A catalytic converter purchaser is subject to Section 13-32a-104.7 and is not subject to this section. (7) A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110. (8) The division shall establish standards and criteria for fingerprint legibility by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (9) (a) As used in this Subsection (9), "jewelry" means: (i) any jewelry purchased by the pawn or secondhand business, including scrap jewelry and watches; or (ii) any jewelry pawned to a pawnbroker and the contract period between the pawnbroker and the pledgor has expired, including scrap jewelry and watches. (b) On and after January 1, 2020, a pawn or secondhand business shall obtain: (i) a color digital photograph clearly and accurately depicting: (A) each item of jewelry; and (B) if an item of jewelry has one or more engravings, an additional color digital photograph specifically depicting any engraving; and (ii) a color digital photograph of an item that bears an identifying mark, including: (A) a serial number, engraving, owner label, or similar identifying mark; and (B) an additional photograph that clearly depicts the identifying mark described in Subsection (9)(b)(ii)(A).
Utah Code § 13-1-11 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-11
§ 13-1-11. Employment of administrative law judges.
Status: in_force

The department may employ administrative law judges to conduct hearings for the department, its divisions, and agencies, and to advise the executive director, division directors, and agency boards on hearing and rulemaking procedures.
Utah Code § 13-50-303 — Utah Code / Title 13 / Chapter 13-50 / § 13-50-303
§ 13-50-303. Violation notice.
Status: in_force

(1) Any written contract, repair estimate, or work order that a residential contractor prepares to provide a good or service paid for from the proceeds of a property and casualty insurance policy shall include a notice of the prohibition described in Section 13-50-302 in substantially the following form and in capitalized 14-point type:"IT IS A VIOLATION OF UTAH LAW FOR A RESIDENTIAL CONTRACTOR TO REBATE ANY PORTION OF AN INSURANCE DEDUCTIBLE AS AN INDUCEMENT TO THE INSURED TO ACCEPT A RESIDENTIAL CONTRACTOR'S PROPOSAL TO REPAIR DAMAGED PROPERTY. REBATE OF A DEDUCTIBLE INCLUDES GRANTING ANY ALLOWANCE OR OFFERING ANY DISCOUNT AGAINST THE FEES TO BE CHARGED FOR WORK TO BE PERFORMED OR PAYING THE INSURED POLICYHOLDER THE DEDUCTIBLE AMOUNT SET FORTH IN THE INSURANCE POLICY.THE INSURED POLICY HOLDER IS PERSONALLY RESPONSIBLE FOR PAYMENT OF THE DEDUCTIBLE.". (2) Under any agreement in which a residential contractor provides a good or service paid for from the proceeds of a property and casualty insurance policy, no payment may be made to the residential contractor until: (a) the named insured signs the notice described in Subsection (1); and (b) the residential contractor delivers the notice signed in accordance with Subsection (2)(a) to the named insured's insurance company.
Utah Code § 13-54-101 — Utah Code / Title 13 / Chapter 13-54 / § 13-54-101
§ 13-54-101. Title.
Status: in_force

This chapter is known as the "Ticket Website Sales Act."
Utah Code § 13-42-114 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-114
§ 13-42-114. Bond required -- Substitute.
Status: in_force

(1) Instead of the surety bond required by Section 13-42-113, a provider, with the approval of the division and in the amount required by Subsection (2), may deliver to the division: (a) an irrevocable letter of credit, issued or confirmed by a bank the division approves, payable on presentation of a certificate by the division stating that the provider or the provider's agent has not complied with this chapter; or (b) bonds or other obligations of the United States or guaranteed by the United States or bonds or other obligations of this state or a political subdivision of this state, to be: (i) deposited and maintained with a bank the division approves for this purpose; and (ii) delivered by the bank to the division on presentation of a certificate by the division stating that the provider or provider's agent has not complied with this chapter. (2) If a provider furnishes a substitute in accordance with Subsection (1), Subsections 13-42-113(1), (3), (4), and (5) apply to the substitute.
Utah Code § 13-42-118 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-118
§ 13-42-118. Communication by electronic or other means.
Status: in_force

(1) As used in this section: (a) "Consumer" means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes. (b) "Federal act" means the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq. (2) A provider may satisfy the requirements of Section 13-42-117, 13-42-119, or 13-42-127 by means of the internet or other electronic means if the provider obtains a consumer's consent in the manner provided by Section 101(c)(1) of the federal act. (3) A provider shall present the disclosures and materials required by Sections 13-42-117, 13-42-119, and 13-42-127 in a form that is capable of being accurately reproduced for later reference. (4) With respect to disclosure by means of a website, the disclosure of the information required by Subsection 13-42-117(4) shall appear on one or more screens that: (a) contain no other information; and (b) an individual is able to see before proceeding to assent to formation of an agreement. (5) At the time of providing the materials and agreement required by Subsections 13-42-117(3) and (4), Section 13-42-119, and Section 13-42-127, a provider shall inform the individual that on electronic, telephonic, or written request, the provider: (a) will send the individual a written copy of the materials; and (b) shall comply with a request as provided in Subsection (6). (6) (a) If an individual requests that a provider, before the expiration of 90 days after the day on which an agreement is completed or terminated, send the individual a written copy of the materials required by Subsections 13-42-117(3) and (4), Section 13-42-119, or Section 13-42-127, the provider shall send the materials at no charge no later than three business days after the day on which the provider receives the request. (b) Notwithstanding Subsection (6)(a), a provider is not required to comply with a request more than once per calendar month or if the provider reasonably believes the individual makes the request for purposes of harassment. (c) If an individual makes a request more than 90 days after the day on which an agreement is completed or terminated, the provider shall send within a reasonable time a written copy of the materials requested. (7) A provider that maintains a website shall disclose on the home page of the provider's website or on a page that is clearly and conspicuously connected to the home page by a link that clearly reveals the website's contents: (a) the provider's name and all names under which the provider does business; (b) the provider's principal business address, telephone number, and electronic-mail address, if any; and (c) the names of the provider's principal officers. (8) Subject to Subsection (9), if a consumer who consents to electronic communication in the manner provided by Section 101 of the federal act withdraws consent as provided in the federal act, a provider may terminate the provider's agreement with the consumer. (9) (a) If a provider wishes to terminate an agreement with a consumer in accordance with Subsection (8), the provider shall notify the consumer that the provider will terminate the agreement unless the consumer, no later than 30 days after the day on which the consumer receives the notification, consents to electronic communication in the manner provided in Section 101(c) of the federal act. (b) If the consumer consents to electronic communication as described in Subsection (9)(a), the provider may terminate the agreement only as permitted by Subsection 13-42-119(1)(f)(iv)(D).
Utah Code § 13-7-5 — Utah Code / Title 13 / Chapter 13-7 / § 13-7-5
§ 13-7-5. Equal right in business establishments, places of public accommodation, and enterprises regulated by the state regardless of immunity status.
Status: in_force

(1) As used in this section, "immunity status" means an indication of whether an individual is immune to a disease, whether through vaccination or infection and recovery. (2) All persons within the jurisdiction of this state are free and equal and are entitled to full and equal accommodations, advantages, facilities, privileges, goods, and services in all business establishments and in all places of public accommodation, and by all enterprises regulated by the state of every kind whatsoever, without discrimination on the basis of immunity status. (3) Nothing in this section shall be construed to deny any person the right to regulate the operation of a business establishment or place of public accommodation or an enterprise regulated by the state in a manner which applies uniformly to all persons without regard to immunity status, or to deny any religious organization the right to regulate the operation and procedures of the religious organization's establishments. (4) (a) The provisions in Section 13-7-4 shall apply to enforcement and violations of this section. (b) Upon application to the attorney general by any person denied the rights guaranteed by this section, the attorney general shall investigate and seek to conciliate the matter.
Utah Code § 13-1-4 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-4
§ 13-1-4. Centralization of duties.
Status: in_force

The department shall centralize the duties and responsibilities of its divisions and agencies in order to: (1) reduce and avoid duplication; (2) provide efficient planning and management services; and (3) maximize utilization of resources.
Utah Code § 13-23-106 — Utah Code / Title 13 / Chapter 13-23 / § 13-23-106
§ 13-23-106. Enforcement -- Costs and attorney fees -- Penalties.
Status: in_force

(1) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, the division may: (a) impose an administrative fine of up to $2,500 for a violation of this chapter; and (b) bring an action in a court with jurisdiction to enforce a provision of this chapter. (2) In an action described in Subsection (1)(b), the court may: (a) declare that an act or practice violates a provision of this chapter; (b) issue an injunction for a violation of this chapter; (c) order disgorgement of any money received in violation of this chapter; (d) order payment of disgorged money to an injured purchaser or consumer; (e) impose a fine of up to $2,500 for a violation of this chapter; and (f) award any other relief that the court deems reasonable and necessary. (3) (a) A person who willfully violates a provision of this chapter, either by failing to comply with any requirement or by doing any act prohibited in this chapter, is guilty of a class B misdemeanor. (b) Each day a person commits or permits to continue a violation described in Subsection (3)(a) constitutes a separate punishable offense. (c) In the case of a second offense, the person is guilty of a class A misdemeanor. (d) In the case of a third or subsequent offense, the person is guilty of a third degree felony.
Utah Code § 13-81-302 — Utah Code / Title 13 / Chapter 13-81 / § 13-81-302
§ 13-81-302. Enforcement.
Status: in_force

7/1/2026 (1) The division shall administer and enforce this chapter, within existing budget allocations, in accordance with Chapter 2, Division of Consumer Protection. (2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division's responsibilities under this chapter. (3) (a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (ii) the division may bring an action in court to enforce a provision of this chapter. (b) In a court action by the division to enforce a provision of this chapter, the court may: (i) declare that the act or practice violates a provision of this chapter; (ii) enjoin actions that violate this chapter; (iii) order disgorgement of any money received in violation of this chapter; (iv) order payment of disgorged money to an injured purchaser or consumer; (v) impose a civil penalty of up to $2,500 for each violation of this chapter; (vi) award actual damages to an injured purchaser or consumer; and (vii) award any other relief that the court deems reasonable and necessary. (c) If a court grants judgment or injunctive relief to the division, the court shall award the division: (i) reasonable attorney fees; (ii) court costs; and (iii) investigative fees. (d) (i) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation. (ii) A civil penalty authorized under this section may be imposed in any civil action brought by the division, or by the attorney general on behalf of the division.
Utah Code § 13-79-102 — Utah Code / Title 13 / Chapter 13-79 / § 13-79-102
§ 13-79-102. Creation of Office of the Homeowners' Association Ombudsman.
Status: in_force

(1) There is created an Office of the Homeowners' Association Ombudsman in the department. (2) The executive director of the department shall appoint attorneys with background or expertise in community association law to fill legal positions within the office in the department. (3) An individual appointed under this section is an exempt employee.
Utah Code § 13-26-103 — Utah Code / Title 13 / Chapter 13-26 / § 13-26-103
§ 13-26-103. Denial, suspension, or revocation of an application or registration.
Status: in_force

In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke an application or registration if: (1) the division finds that the denial, suspension, or revocation is in the public interest; and (2) (a) the registration is incomplete, false, or misleading; or (b) the applicant or the applicant's principal: (i) violates, causes a violation, allows a violation, or fails to satisfy the requirements of a provision of: (A) this chapter; or (B) a rule the division makes in accordance with this chapter; (ii) violates Chapter 11, Utah Consumer Sales Practices Act; (iii) is enjoined by a court, or is the subject of an administrative or judicial order issued in Utah or another state, if the order: (A) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (B) is based on a finding of a lack of integrity, truthfulness, or mental competence; (iv) is convicted of a crime involving theft, fraud, or dishonesty; (v) obtains or attempts to obtain a registration by misrepresenting a material fact; (vi) fails to provide information the division requests; (vii) fails to pay an administrative fine the division or an administrative or judicial order imposes; or (viii) fails to pay the fee to file a registration application or a renewal application.
Utah Code § 13-72-101 — Utah Code / Title 13 / Chapter 13-72 / § 13-72-101
§ 13-72-101. Definitions.
Status: in_force

As used in this chapter: (1) "Agency" means the same as that term is defined in Section 63G-4-103. (2) "Agency head" means the same as that term is defined in Section 63G-4-103. (3) "Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments. (4) "Artificial intelligence technology" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence. (5) "Audit" means the same as that term is defined in Section 63G-2-103. (6) "Demonstration period" means the period during which: (a) regulatory mitigation is in effect in accordance with the terms of a regulatory mitigation agreement; or (b) joint interpretation is in effect in accordance with the terms of a joint interpretation agreement. (7) "Department" means the Department of Commerce. (8) "Director" means the director of the office. (9) "Executive director" means the executive director of the Department of Commerce. (10) "Governmental entity" means: (a) the judiciary; (b) a state-funded institution of higher education or public education; or (c) a political subdivision of the state. (11) "Governmental entity head" means the individual or body with ultimate executive or administrative authority over a governmental entity. (12) "Joint interpretation agreement" means an agreement between a participant, the office, and a relevant agency or governmental entity that clarifies the application of a provision of state law or rule to artificial intelligence technology. (13) "Learning agenda" means the areas of artificial intelligence applications, risks, and policy considerations selected by the office for focus by the learning laboratory. (14) "Learning laboratory" means the artificial intelligence analysis and research program created in Section 13-72-301. (15) "Office" means the Office of Artificial Intelligence Policy created in Section 13-72-201. (16) "Participant" means a person seeking or holding a regulatory mitigation agreement or a joint interpretation agreement with the office. (17) "Political subdivision" means the same as that term is defined in Section 63G-7-102. (18) "Regulatory mitigation agreement" means an agreement between a participant, the office, and a relevant agency or a governmental entity described in Section 13-72-401 that: (a) permits a participant to use or deploy artificial intelligence technology despite a law or rule that might impede or interfere with that use or deployment; and (b) (i) sets terms and conditions related to any cure period or similar remedies before penalties may be assessed; (ii) provides for reduced civil fines during the demonstration period; or (iii) sets other terms and conditions tailored to identified issues of the artificial intelligence technology, including reporting requirements and safeguards necessary for safe and successful use or deployment.
Utah Code § 13-60-205 — Utah Code / Title 13 / Chapter 13-60 / § 13-60-205
§ 13-60-205. Restrictions on health insurers.
Status: in_force

(1) Except as provided in Subsection (2), an insurer offering health care insurance may not in connection with the offer or renewal of an insurance product or in the determination of premiums, coverage, renewal, cancellation, or any other underwriting decision that pertains directly to the individual or any group of which the individual is a member that purchases insurance jointly: (a) access or otherwise take into consideration private genetic information about an asymptomatic individual; (b) request or require an asymptomatic individual to consent to a release for the purpose of accessing private genetic information about the individual; (c) request or require an asymptomatic individual or the individual's blood relative to submit to a genetic test; (d) inquire into or otherwise take into consideration the fact that an asymptomatic individual or the individual's blood relative has taken or refused to take a genetic test; (e) request or require an individual or the individual's blood relative to submit to a genetic procedure; or (f) inquire into the results of a genetic procedure that an individual or the individual's blood relative undergoes. (2) An insurer offering health care insurance: (a) may request information regarding the necessity of a genetic test, but not the results of the test, if a claim for payment for the test has been made against an individual's health insurance policy; (b) may request information regarding the necessity of a genetic procedure, including the results of the procedure, if a claim for payment for the procedure has been made against an individual's health insurance policy; (c) may request that portion of private genetic information that is necessary to determine the insurer's obligation to pay for health care services where: (i) the primary basis for rendering such services to an individual is the result of a genetic test; and (ii) a claim for payment for such services has been made against the individual's health insurance policy; (d) may only store information obtained under this Subsection (2) in accordance with the provisions of the Health Insurance Portability and Accountability Act of 1996; and (e) may only use or otherwise disclose the information obtained under this Subsection (2) in connection with a proceeding to determine the obligation of an insurer to pay for a genetic test or health care services, provided that, in accordance with the provisions of the Health Insurance Portability and Accountability Act of 1996, the insurer makes a reasonable effort to limit disclosure to the minimum necessary to carry out the purposes of the disclosure. (3) (a) An insurer may, to the extent permitted by Subsection (2), seek an order compelling the disclosure of private genetic information held by an individual or third party. (b) An order authorizing the disclosure of private genetic information pursuant to this Subsection (2) shall: (i) limit disclosure to those parts of the record containing information essential to fulfill the objectives of the order; (ii) limit disclosure to those persons whose need for the information is the basis for the order; and (iii) include such other measures as may be necessary to limit disclosure for the protection of the individual. (4) Nothing in this section may be construed as restricting the ability of an insurer to use information other than private genetic information to take into account the health status of an individual, group, or population in determining premiums or making other underwriting decisions. (5) Nothing in this section may be construed as: (a) requiring an insurer to pay for genetic testing or a genetic procedure; or (b) prohibiting the use of step-therapy protocols. (6) Information maintained by an insurer about an individual under this section may be redisclosed: (a) to protect the interests of the insurer in detecting, prosecuting, or taking legal action against criminal activity, fraud, material misrepresentations, and material omissions; (b) to enable business decisions to be made about the purchase, transfer, merger, reinsurance, or sale of all or part of the insurer's business; and (c) to the commissioner of insurance upon formal request.
Utah Code § 13-1-8.5 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-8.5
§ 13-1-8.5. Procedures -- Adjudicative proceedings.
Status: in_force

(1) The Department of Commerce and its divisions shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings. (2) The department may contract with other state agencies or departments to conduct hearings in its name or in the name of its divisions or agencies.
Utah Code § 13-57-202 — Utah Code / Title 13 / Chapter 13-57 / § 13-57-202
§ 13-57-202. Consumer maintenance funding provider operations -- Prohibited acts.
Status: in_force

(1) A consumer maintenance funding provider may only provide legal funding to a consumer if the consumer maintenance funding provider and the consumer enter into a consumer maintenance funding agreement that meets the requirements of Section 13-57-301. (2) Before executing a consumer maintenance funding agreement, a consumer maintenance funding provider shall file with the division a template of the consumer maintenance funding agreement. (3) A consumer maintenance funding provider may not: (a) pay or offer to pay a commission, referral fee, or any other form of consideration to the following for referring a consumer to the consumer maintenance funding provider: (i) an attorney authorized to practice law; (ii) a health care provider; or (iii) an employee, independent contractor, or other person affiliated with a person described in Subsection (3)(a)(i) or (ii); (b) accept a commission, referral fee, or any other form of consideration from a person described in Subsection (3)(a) for referring a consumer to the person; (c) refer a consumer or potential consumer to a person described in Subsection (3)(a), unless the referral is to a local or state bar association referral service; (d) intentionally advertise materially false or misleading information about the consumer maintenance funding provider's services; (e) make or attempt to influence a decision relating to the conduct, settlement, or resolution of a legal action for which the consumer maintenance funding provider provides legal funding; (f) knowingly pay or offer to pay court costs, filing fees, or attorney fees using legal funding; (g) attempt to obtain a waiver of a remedy or right from the consumer, including the right to trial by jury. (h) represent that the division or the state endorses the consumer maintenance funding provider; (i) omit from a filing with the division a material statement of fact that this chapter or a rule the division makes in accordance with this chapter requires; or (j) include in a filing with the division a material statement of fact that the consumer maintenance funding provider or consumer maintenance funding provider's principal knows or should know is false, deceptive, inaccurate, or misleading. (4) A consumer maintenance funding provider shall provide a consumer who enters a consumer maintenance funding agreement a copy of the executed consumer maintenance funding agreement. (5) A consumer maintenance funding provider may not offer maintenance funding to a consumer who has retained, or been referred by, an attorney or law firm that has a financial interest in the consumer maintenance funding provider. (6) A consumer maintenance funding provider may not enter into a consumer maintenance funding agreement directly or indirectly with a foreign entity of concern or a foreign country or person of concern.
Utah Code § 13-78-104 — Utah Code / Title 13 / Chapter 13-78 / § 13-78-104
§ 13-78-104. Penalties and enforcement -- Powers -- Legal counsel -- Fees.
Status: in_force

(1) (a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (ii) the division may bring an action in a court with jurisdiction to enforce a provision of this chapter. (b) In a court action by the division to enforce a provision of this chapter, the court may: (i) declare that an act or practice violates a provision of this chapter; (ii) issue an injunction for a violation of this chapter; (iii) order disgorgement of any money received in violation of this chapter; (iv) order payment of disgorged money to an injured purchaser or consumer; (v) impose a fine of up to $2,500 for each violation of this chapter; or (vi) award any other relief that the court deems reasonable and necessary. (2) If a court grants judgment or injunctive relief to the division, the court shall award the division: (a) reasonable attorney fees; (b) court costs; and (c) investigative fees. (3) (a) A person that violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation. (b) The court may impose a civil penalty authorized under this section in any civil action brought by the division.
Utah Code § 13-22-112 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-112
§ 13-22-112. Written agreement required.
Status: in_force

(1) A professional fundraiser or professional fundraising consultant may only engage in activities on behalf of a charitable organization through written agreement with the charitable organization. (2) A charitable organization may only engage the services of a professional fundraiser or professional fundraising consultant through written agreement. (3) A professional fundraiser or professional fundraising consultant shall file each agreement described in this section with the professional fundraiser's or professional fundraising consultant's application for registration.
Utah Code § 13-34-109 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-109
§ 13-34-109. Required disclosures.
Status: in_force

(1) As used in this section, "cooling off period" means a three-business day period during which a student may rescind an enrollment agreement and receive a refund of all money paid, except: (a) a reasonable application fee; and (b) a deposit that does not exceed 10% of the total cost of tuition for the first term. (2) Before a postsecondary school may enroll or accept payment from a student, the postsecondary school shall clearly and conspicuously disclose in writing to the student: (a) the postsecondary school's name, address, and location; (b) the requirements or qualifications a student is required to satisfy to enroll in the postsecondary school; (c) a complete description of the services for which the student will pay, including: (i) facilities, faculty, resources, or equipment that the student may use in connection with the services, or to access the services; (ii) the duration of services provided; and (iii) completion or graduation requirements; (d) information regarding how the postsecondary school's services relate to state licensing requirements if the services are intended to prepare a student for licensure; (e) tuition, fees, and any other charge or expense to be paid by the student; (f) a financial assistance policy, if any; (g) the complete terms of any financing agreement, including an income sharing or other agreement, offered to the student; (h) the postsecondary school's cancellation and tuition refund policy which shall include, at a minimum: (i) a cooling off period that may not end before midnight on the third business day after the latest of: (A) the day on which the student signs the enrollment agreement; (B) the day on which the student pays the postsecondary school for services, other than an application fee; (C) the day on which the student first attends the postsecondary school; or (D) the day on which the student first gains access to the postsecondary school's services; and (ii) a written description of the postsecondary school's refund policy following the cooling off period described in Subsection (2)(h)(i); (i) (i) whether the postsecondary school is accredited by an accrediting agency; and (ii) whether the program in which a student intends to enroll is accredited by an accrediting agency, if applicable; (j) the existence and amount of the postsecondary school's surety bond or certificate of deposit; (k) information regarding how to file a complaint against the postsecondary school with the division, the postsecondary school's accrediting agency, and the postsecondary school's approval or licensing entity; and (l) student outcomes specified in rules made by the division under Section 13-34-103. (3) A postsecondary school may comply with Subsection (2)(k) by placing a conspicuous link on the postsecondary school's website that connects to: (a) the contact information for each entity described in Subsection (2)(k) with which a person may file a complaint; or (b) a third party's website that states the contact information for each entity described in Subsection (2)(k) with which a person may file a complaint.
Utah Code § 13-77-105 — Utah Code / Title 13 / Chapter 13-77 / § 13-77-105
§ 13-77-105. Enforcement.
Status: in_force

(1) A violation of this chapter constitutes a violation of Subsection 13-11-4(1). (2) The division shall administer and enforce this chapter in accordance with Chapter 2, Division of Consumer Protection. (3) The attorney general shall: (a) give legal advice to the division regarding the division's responsibilities under this chapter; and (b) act as counsel for the division in the exercise of the division's responsibilities under this chapter. (4) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (a) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (b) the division may bring an action in court to enforce this chapter. (5) In an action brought by the division to enforce this chapter, the court may: (a) declare that an act or practice violates this chapter; (b) issue an injunction for a violation of this chapter; (c) order disgorgement of money received in violation of this chapter; (d) order payment of disgorged money to an individual injured by a violation of this chapter; (e) impose a fine of up to $2,500 for each violation of this chapter; or (f) award other reasonable and necessary relief. (6) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division: (a) reasonable attorney fees; (b) court costs; and (c) investigative fees. (7) (a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of up to $5,000 for each violation. (b) The attorney general may impose a civil penalty authorized under this section in any civil action brought on behalf of the division.
Utah Code § 13-83-103 — Utah Code / Title 13 / Chapter 13-83 / § 13-83-103
§ 13-83-103. Disclosures and warnings -- Receipt requirements.
Status: in_force

(1) A virtual currency kiosk operator shall disclose in a clear, conspicuous, and easily readable manner in the chosen language of the customer: (a) all relevant terms and conditions generally associated with the products, services, and activities of the virtual currency kiosk operator and virtual currency; and (b) that digital assets and transactions conducted through the virtual currency kiosk are not insured or guaranteed by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation. (2) The virtual currency kiosk operator shall receive acknowledgment of receipt of all disclosures required under this section via confirmation of consent. (3) Each virtual currency kiosk shall include a fraud prevention warning in English and Spanish, written prominently and in bold type. (4) The fraud prevention warning described in Subsection (3) shall state: "WARNING: NEVER SEND MONEY TO SOMEONE YOU DO NOT KNOW. THESE TRANSACTIONS ARE IRREVERSIBLE. NO GOVERNMENT AGENCY OR OFFICIAL WILL EVER REQUEST PAYMENT USING THIS KIOSK. IF YOU SUSPECT FRAUD, CALL LOCAL LAW ENFORCEMENT BEFORE PROCEEDING." (5) After the completion of each transaction, the virtual currency kiosk operator shall provide an individual with a receipt in the language chosen by the customer. (6) The receipt described in Subsection (5) shall contain: (a) the virtual currency kiosk operator's name and contact information, including a telephone number to answer questions and register complaints; (b) the relevant state law enforcement or government agency for reporting fraud; (c) the type, value, date, and precise time of the transaction; (d) the transaction hash; (e) each applicable virtual currency address; (f) the transaction amount in both virtual currency and United States dollars; (g) all fees charged; (h) the exchange rate of the virtual currency to United States dollars; (i) customer service contact information; and (j) a statement of the virtual currency kiosk operator's refund policy. (7) A virtual currency kiosk operator performing business in this state shall provide a toll-free customer service line, available 24 hours per day, seven days per week, and display the number for the toll-free customer service line on the virtual currency kiosk or the virtual currency kiosk screens.
Utah Code § 13-31-101 — Utah Code / Title 13 / Chapter 13-31 / § 13-31-101
§ 13-31-101. Title.
Status: in_force

This chapter shall be known as the "Mold Retention and Lien Act."
Utah Code § 13-14-309 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-309
§ 13-14-309. Change in distribution plan.
Status: in_force

If there is a change in the plan of distribution of a line make that contemplates a continuation of that line make in the state, a manufacturer or distributor may not directly or indirectly, through the action of any parent of the manufacturer or distributor, subsidiary of the manufacturer or distributor, or common entity cause a termination, cancellation, or nonrenewal of a dealer franchise agreement by a present or previous manufacturer or distributor unless, by the effective date of the action the manufacturer or distributor offers the new motor vehicle dealer whose dealer franchise agreement is terminated, cancelled, or not renewed, a dealer franchise agreement that is substantially similar to the dealer franchise agreement that existed with the previous manufacturer or distributor allowing the dealer to represent the line make under the new plan of distribution.
Utah Code § 13-1b-304 — Utah Code / Title 13 / Chapter 13-1b / § 13-1b-304
§ 13-1b-304. Reporting.
Status: in_force

(1) On or before October 1, the office shall annually prepare and submit a written report to the Business and Labor Interim Committee that describes the office's work during the prior year. (2) In a written report described in Subsection (1), the office shall include: (a) a summary of each periodic review, each sunrise review, each rule review, and each response to a legislator inquiry; (b) each recommendation the office made to another state executive branch agency regarding a regulated occupation; (c) a summary of information received during the previous year by the office under Subsection 13-1b-203(4) including: (i) the total number of submissions the office receives; (ii) each rule for which an individual filed a submission; (d) each request for a scope of practice review that the office receives in accordance with Section 13-1b-403; and (e) each scope of practice review the office completes in accordance with Section 13-1b-403.
Utah Code § 13-61-103 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-103
§ 13-61-103. Preemption -- Reference to other laws.
Status: in_force

(1) This chapter supersedes and preempts any ordinance, resolution, rule, or other regulation adopted by a local political subdivision regarding the processing of personal data by a controller or processor. (2) Any reference to federal law in this chapter includes any rules or regulations promulgated under the federal law.
Utah Code § 13-1b-203 — Utah Code / Title 13 / Chapter 13-1b / § 13-1b-203
§ 13-1b-203. Duties.
Status: in_force

The office shall: (1) for each application submitted in accordance with Section 13-1b-301, conduct a sunrise review in accordance with Section 13-1b-302 before November 1: (a) of the year in which the application is submitted, if the application is submitted on or before July 1; or (b) of the subsequent year, if the application is submitted after July 1; (2) in accordance with Section 13-1b-303, conduct a review of each regulated occupation at least once every 10 years; (3) review and respond to a legislator inquiry regarding a proposed or existing regulated occupation; (4) publish on the office's website a submission form where an individual may provide feedback regarding an existing occupational regulation within the office's jurisdiction that the individual requests the office repeal or modify; (5) engage in a systematic review of the rules that relate to occupational regulations within the office's jurisdiction in accordance with Section 13-1b-302; (6) report to the Business and Labor Interim Committee in accordance with Section 13-1b-304; and (7) conduct a scope of practice review in accordance with Part 4, Scope of Practice Review.
Utah Code § 13-1-15 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-15
§ 13-1-15. Exemptions from licensure.
Status: in_force

(1) As used in this section, "DOD civilian" means the same as that term is defined in Section 53H-11-202. (2) Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this title, subject to the stated circumstances and limitations, without being licensed under this title: (a) an individual licensed under the laws of this state, other than under this title, to practice or engage in an occupation or profession, while engaged in the lawful, professional, and competent practice of that occupation or profession; (b) an individual serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or any other federal agency while engaged in activities regulated under this title as a part of employment with that federal agency if the individual holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and (c) the spouse of an individual serving in the armed forces of the United States or the spouse of a DOD civilian while the individual or DOD civilian is stationed within this state, if: (i) the spouse holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and (ii) the license is current and the spouse is in good standing in the state or jurisdiction of licensure.
Utah Code § 13-72-301 — Utah Code / Title 13 / Chapter 13-72 / § 13-72-301
§ 13-72-301. Artificial Intelligence Learning Laboratory Program.
Status: in_force

(1) There is established the Artificial Intelligence Learning Laboratory Program, to be administered by the office. (2) The purpose of the learning laboratory is to: (a) analyze and research the risks, benefits, impacts, and policy implications of artificial intelligence technologies to inform the state regulatory framework; (b) encourage responsible deployment of artificial intelligence technologies in the state; (c) evaluate the effectiveness and viability of current, potential, or proposed regulation on artificial intelligence technologies with artificial intelligence companies; and (d) produce findings and recommendations for legislation and regulation of artificial intelligence. (3) (a) The office shall periodically set a learning agenda for the learning laboratory that establishes the specific areas of artificial intelligence policy the office intends to study. (b) In establishing the learning agenda, the office may consult with individuals from: (i) relevant agencies; (ii) governmental entities; (iii) relevant industries; (iv) academic institutions in the state; and (v) other public or private entities with relevant knowledge, experience, or expertise in the area. (c) In selecting individuals to consult with under Subsection (3)(b), the office shall consider: (i) the individual's knowledge of artificial intelligence technology and applications; (ii) the individual's expertise in artificial intelligence policy; and (iii) the individual's relevant experience.
Utah Code § 13-73-101 — Utah Code / Title 13 / Chapter 13-73 / § 13-73-101
§ 13-73-101. Definitions.
Status: in_force

As used in this chapter: (1) "Authorized integrator" means a third party with whom a franchisee enters into a contract to perform a specific function for a franchisee that allows the third party to access protected dealer data or to write data to a dealer data system, or both, to carry out the specified function. (2) "Consumer data" means non-public personal information defined in 15 U.S.C. Sec. 6809(4) as it existed on January 1, 2024. (3) "Cyber ransom" means to encrypt, restrict, or prohibit, or to threaten or attempt to encrypt, restrict, or prohibit a franchisee's or a franchisee's authorized integrator's access to protected dealer data or other dealer data to obtain payment not agreed to by the franchisee or the franchisee's authorized integrator in a written contract for services or goods. (4) (a) "Dealer data system" means a software, hardware, or firmware system that is owned, leased, or licensed by a franchisee, that includes a system of web-based applications, computer software, or computer hardware, whether located at the franchisee's dealership or hosted remotely, and that stores or provides access to protected dealer data. (b) "Dealer data system" means a dealership management system or a consumer relationship management system. (5) "Dealer data vendor" means a third party dealer management system provider, consumer relationship management system provider, or third party vendor providing similar services that store protected dealer data pursuant to a contract with the franchisee. (6) "Dealership" means the same as that term is defined in Section 13-14-102. (7) "Fee" means payment for access to protected dealer data which is in addition to charges written in an executed contract for goods or services. (8) "Franchisee" means the same as that term is defined in Section 13-14-102. (9) "Franchisee program" means a bonus, incentive, rebate, or other payment program that a franchisor offers to a franchisee. (10) "Franchisor" means the same as that term is defined in Section 13-14-102. (11) (a) "Manufacturer" means a manufacturer of new motor vehicles. (b) "Manufacturer" does not include a manufacturer acting in the capacity of a vendor, service provider, dealer data vendor, or an affiliate or subsidiary of a manufacturer operating as a vendor, service provider, or a dealer data vendor. (c) "Manufacturer" does not include a manufacturer that does not have a franchisee in the state. (12) "Other generally accepted standards" means security standards that are at least as comprehensive as STAR standards. (13) "Prior express written consent" means a franchisee's express written consent to protected dealer data sharing that: (a) is in a document separate from any other: (i) consent; (ii) contract; (iii) franchise agreement; or (iv) writing; (b) identifies all parties with whom the protected dealer data may be shared; and (c) contains: (i) all details that the franchisee requires relating to the scope and nature of the protected dealer data to be shared, including the data fields and the duration for which the sharing is authorized; and (ii) all provisions and restrictions that are required under federal law to allow sharing the protected dealer data. (14) (a) "Protected dealer data" means: (i) consumer data that: (A) (I) a consumer provides to a franchisee; or (II) a franchisee otherwise obtains; and (B) is stored in the franchisee's dealer data system; (ii) other data that relates to a franchisee's daily business operations and is stored in the franchisee's dealer data system; and (iii) motor vehicle diagnostic data. (b) "Protected dealer data" does not include data that: (i) is otherwise publicly available; or (ii) a franchisor or third party obtains through another source. (15) (a) "Required manufacturer data" means data that: (i) a manufacturer is required to obtain under federal or state law; (ii) is required to complete or verify a transaction between the franchisee and the manufacturer; (iii) is motor vehicle diagnostic data; or (iv) is reasonably necessary for: (A) a safety notice, recall notice, manufacturer field action, or other legal notice obligation relating to the repair, service, and update of a motor vehicle; (B) the sale and delivery of a new motor vehicle or certified used motor vehicle to a consumer, including necessary data for the vehicle manufacturer to activate services purchased by the consumer; (C) the validation and payment of consumer or franchisee incentives; (D) claims for franchisee-supplied services relating to warranty parts or repairs; (E) the evaluation of franchisee performance, including the evaluation of the franchisee's monthly financial statements and sales or service, consumer satisfaction with the franchisee through direct consumer contact, or consumer surveys; (F) franchisee and market analytics; (G) the identification of the franchisee that sold or leased a specific motor vehicle and the date of the transaction; (H) marketing purposes designed for the benefit of franchisees, or to direct leads to the franchisee providing the dealer protected data to the franchisor; (I) the development, evaluation, or improvement of the manufacturer's products or services; or (J) the daily operational interactions of the franchisee with the manufacturer or other franchisees through applications hosted on the manufacturer's dealer electronic communications system. (b) "Required manufacturer data" does not include: (i) consumer data on the consumer's credit application; or (ii) a franchisee's individualized notes about a consumer that are not related to a transaction. (16) "Service provider" means a person that processes protected dealer data on behalf of a franchisee and that receives, from or on behalf of the franchisee, consumer protected dealer data for a business purpose pursuant to a written contract, if the contract prohibits the person from: (a) selling or sharing the protected dealer data; (b) retaining, using, or disclosing the protected dealer data for any purpose other than for the business purposes specified in the contract for the franchisee, including retaining, using, or disclosing the protected dealer data for a commercial purpose other than the business purposes specified in the contract with the franchisee, or as permitted under this title; (c) retaining, using, or disclosing the protected dealer data outside of the direct business relationship between the service provider and the franchisee; or (d) combining the protected dealer data that the service provider receives from, or on behalf of, the franchisee with personal information that the service provider receives from, or on behalf of, another person or persons, or collects from the service provider's own interaction with the consumer. (17) "STAR standards" means the current, applicable security standards published by the Standards for Technology in Automotive Retail. (18) (a) "Third party" means a person other than a franchisee. (b) "Third party" includes: (i) a service provider; (ii) a vendor, including a dealer data vendor and authorized integrator; (iii) a manufacturer acting in the capacity of a vendor, service provider, or dealer data vendor; or (iv) an affiliate of a manufacturer described in Subsection (18)(b)(iii). (c) "Third party" does not include: (i) a governmental entity acting pursuant to federal, state, or local law; (ii) a person acting pursuant to a valid court order; (iii) a manufacturer, not acting in the capacity of a vendor, service provider, or dealer data vendor; or (iv) an affiliate of a manufacturer described in Subsection (18)(c)(iii). (19) "Vendor" means a person to whom a franchisee makes available protected dealer data for a business purpose, pursuant to a written contract with the franchisee, if the contract: (a) prohibits the vendor from: (i) selling or sharing the protected dealer data; (ii) retaining, using, or disclosing the protected dealer data for any purpose other than for the business purposes specified in the contract, including retaining, using, or disclosing the protected dealer data for a commercial purpose other than the business purposes specified in the contract, or as otherwise permitted under this title; (iii) retaining, using, or disclosing the protected dealer data outside of the direct business relationship between the vendor and the franchisee; and (iv) combining the protected dealer data that the vendor receives pursuant to a written contract with the franchisee with personal information that the vendor receives from or on behalf of another person or persons, or collects from the vendor's own interaction with the consumer; (b) includes a certification made by the vendor that the vendor understands the restrictions in Subsection (19)(a)(i) and will comply with the restrictions; and (c) permits, subject to agreement with the vendor, the franchisee to monitor the vendor's compliance with the contract through measures, including ongoing manual reviews, automated scans, regular assessments, audits, or other technical and operational testing at least once every 12 months. (20) "Unreasonable restriction" means: (a) an unreasonable limitation or condition on the scope or nature of the data that is shared with an authorized integrator; (b) an unreasonable limitation or condition on the ability of an authorized integrator to write data to a dealer data system; (c) an unreasonable limitation or condition on a third party that accesses or shares protected dealer data or that writes data to a dealer data system; (d) requiring unreasonable access to a franchisor's or a third party's sensitive, competitive, or other confidential business information as a condition for accessing protected dealer data or sharing protected dealer data with an authorized integrator; (e) prohibiting or limiting a franchisee's ability to store, copy, securely share, or use protected dealer data outside of the dealer data system in any manner or for any reason; or (f) allowing access to, or accessing protected dealer data without, the franchisee's prior express written consent.
Utah Code § 13-20-4 — Utah Code / Title 13 / Chapter 13-20 / § 13-20-4
§ 13-20-4. Nonconforming motor vehicles -- Replacement -- Refund -- Criteria -- Defenses.
Status: in_force

(1) If the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use, market value, or safety of the motor vehicle after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the full purchase price including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lienholders or lessors as their interests may appear. (2) A reasonable allowance for use is that amount directly attributable to use by the consumer prior to the consumer's first report of the nonconformity to the manufacturer, its agent, or its authorized dealer, and during any subsequent period when the vehicle is not out of service because of repair. (3) Upon receipt of any refund or replacement under Subsection (1), the consumer, lienholder, or lessor shall furnish to the manufacturer clear title to and possession of the motor vehicle. (4) It is an affirmative defense to any claim under this chapter: (a) that an alleged nonconformity does not substantially impair the consumer's use of the motor vehicle and does not substantially impair the market value or safety of the motor vehicle; or (b) that an alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle by a consumer.
Utah Code § 13-74-101 — Utah Code / Title 13 / Chapter 13-74 / § 13-74-101
§ 13-74-101. Definitions.
Status: in_force

(1) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in a firearm. (2) "Customer" means an individual who presents a payment card to a merchant for the purchase of a good or service. (3) "Financial entity" means any person involved in facilitating or processing a payment card transaction, including: (a) a payment card network; (b) a merchant acquirer; or (c) a payment facilitator. (4) "Firearm" means the same as that term is defined in Section 76-11-101. (5) (a) "Firearm accessory or component" means a device specifically adapted to: (i) enable the wearing or carrying about one's person or the storage or mounting in or on any conveyance of a firearm; or (ii) be inserted into or affixed to a firearm to enable, alter, or improve the functioning or capabilities of the firearm. (b) "Firearm accessory or component" includes a telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock or grip, speedloader, brace, ammunition carrier, or light for target illumination. (6) "Firearms code" means the merchant category code 5723, approved in September 2022 by the International Organization for Standardization, for firearms retailers. (7) "Firearms retailer" means a merchant engaged in the lawful business of selling or trading firearms, firearm accessories or components, or ammunition. (8) "Merchant" means a person physically located in the state who accepts a payment card from a customer for the purchase of a good or service. (9) "Payment card" means a card, code, or other means by which a person may debit a deposit account or use a line of credit to purchase a good or service. (10) "Reloading supplies" means any equipment, component, or material designed for the reloading of ammunition, including reloading presses, shell holders, powder measures, priming tools, reloading manuals, casings, and gunpowder.
Utah Code § 13-20-3 — Utah Code / Title 13 / Chapter 13-20 / § 13-20-3
§ 13-20-3. Nonconforming motor vehicles -- Repairs.
Status: in_force

If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the express warranties or during the one-year period following the date of original delivery of the motor vehicle to a consumer, whichever is earlier, the manufacturer, its agent, or its authorized dealer shall make repairs necessary to conform the vehicle to the express warranties, whether or not these repairs are made after the expiration of the warranty term or the one-year period.
Utah Code § 13-24-5 — Utah Code / Title 13 / Chapter 13-24 / § 13-24-5
§ 13-24-5. Attorneys' fees.
Status: in_force

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorneys' fees to the prevailing party.
Utah Code § 13-67-104 — Utah Code / Title 13 / Chapter 13-67 / § 13-67-104
§ 13-67-104. Safety awareness disclosures.
Status: in_force

(1) An online dating service provider that offers services to residents of this state shall clearly and conspicuously provide a safety awareness notification to all Utah members that includes a list of safety measures reasonably designed to increase awareness of safer online dating practices and clear guidelines and resources for reporting crimes committed by an online dating service member. (2) (a) A safety awareness notification described in Subsection (1) shall: (i) have a heading or headings substantially similar to: (A) "Online Dating Safety Awareness"; (B) "Protecting Yourself from Sexual Assault and Dating Violence"; and (C) "Protecting Yourself from Financial Crimes"; and (ii) include information relevant to member safety awareness, including the following or substantially similar information, which may be revised or updated to reflect current information and best safety practices: (A) a notice that engaging in sexual conduct without the other person's consent is a criminal act and subject to prosecution; (B) an advisory that getting to know an individual through an online dating service may be risky and a member should follow safety precautions when sharing information or meeting in person; (C) an advisory that a member should avoid sharing the member's last name, email address, home address, phone number, place of work, social security number, details of the member's daily routine, or other identifying information in the member's dating profile or initial email messages or communications; (D) an advisory that a member should stop communicating with an individual who pressures the member for personal or financial information or attempts to trick the member into revealing personal or financial information; (E) an advisory that a member should not send money to an individual the member meets on an online dating service, especially by wire transfer, even if the individual claims to be experiencing an emergency; (F) an advisory that if a member decides to meet another member in person, the member should tell someone in the member's family or a friend where the member is going and when the member is planning to return; (G) an advisory that a member should provide the member's own transportation to and from an in-person date and meet in a public place with many people around; (H) an advisory that an individual may provide false information in a dating profile; (I) a notice that a member should block and report to the online dating service a member whose behavior is suspicious, offensive, harassing, threatening, fraudulent, or involves a request for money or an attempt to sell a product or service; (J) a request that if a member is the victim or survivor of sexual or intimate partner violence or a financial crime through someone the member met on the online dating service, the member should report the incident to the online dating service and to law enforcement; (K) a notice that if a member is the victim or survivor of sexual or intimate partner violence or a financial crime through someone the member met on the online dating service, the member is not to blame and may seek support through national or local hotlines and services; and (L) an advisory that reporting criminal activity by another member may help prevent a perpetrator of a rape, assault, or financial crime from hurting or continuing to hurt others, and may be necessary for an online dating service to take responsive action against the member who perpetrated the crime. (b) (i) An online dating service provider shall provide a clear and conspicuous method for a Utah member to contact the online dating service provider to report a member who engages in an act of sexual or intimate partner violence, a financial crime, or other misconduct. (ii) An online dating service provider shall include the information described in Subsection (2)(b)(i) in the safety awareness notification described in Subsection (1). (3) An online dating service provider that provides the notification required under this section shall give the notification at the time a Utah member registers with the online dating service provider and by way of a link on the online dating service provider's main website or mobile application.
Utah Code § 13-23-107 — Utah Code / Title 13 / Chapter 13-23 / § 13-23-107
§ 13-23-107. Grounds for denial, suspension, or revocation.
Status: in_force

In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the director may initiate adjudicative proceedings to deny, suspend, or revoke an application or registration if: (1) the division finds that the denial, suspension, or revocation is in the public interest; (2) (a) the application for registration or renewal is incomplete or misleading in a material respect; or (b) the applicant or the applicant's principal: (i) violates, causes a violation, allows a violation, or fails to satisfy the requirements of a provision of: (A) this chapter; or (B) a rule the division makes in accordance with this chapter; (ii) violates Chapter 11, Utah Consumer Sales Practices Act; (iii) is enjoined by a court, or is the subject of an administrative order issued in this or another state, if the injunction or order: (A) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (B) is based on a finding of lack of integrity, truthfulness, or mental competence of the applicant; (iv) obtains or attempts to obtain a registration by misrepresenting a material fact; (v) fails to provide information the division requests; or (vi) fails to pay a fine imposed by the division or a court; (vii) fails to pay the fee described in Subsection 13-23-104(2)(b)(i); or (viii) is convicted of a crime involving theft, fraud, or dishonesty. (3) the applicant's or registrant's surety bond or certificate of deposit ceases to be in effect; (4) the applicant or registrant requested an exemption from maintaining a surety bond or certificate of deposit under Section 13-23-105, but does not meet the requirements for exemption; (5) the applicant or registrant excluded from the principal amount calculation described in Subsection 13-23-104(8) for a surety bond or certificate of deposit, a contract that did not meet the requirements for exclusion described in Section 13-23-105; or (6) the applicant or registrant ceases to provide fitness center services.
Utah Code § 13-49-305 — Utah Code / Title 13 / Chapter 13-49 / § 13-49-305
§ 13-49-305. Documents -- Treatment of original documents.
Status: in_force

(1) (a) An immigration consultant shall deliver to a client a copy of a document the immigration consultant completes on behalf of the client. (b) An immigration consultant shall include on a document the immigration consultant delivers to a client the name and address of the immigration consultant. (2) An immigration consultant shall retain a copy of a document of a client for not less than three years from the day on which the immigration consultant makes the last service to the client. (3) An immigration consultant shall return to a client each original document that the client provides to the immigration consultant in support of the client's application including: (a) an original birth certificate; (b) a rental agreement; (c) a utility bill; (d) an employment document; (e) a registration document issued by the Division of Motor Vehicles; or (f) a passport. (4) An immigration consultant shall return to the client an original document that is not required to be submitted to immigration authorities as an original document immediately after the immigration consultant makes a copy.
Utah Code § 13-52-401 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-401
§ 13-52-401. Sales representative relationship.
Status: in_force

A sales representative shall be an employee of the solar retailer.
Utah Code § 13-14-310 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-310
§ 13-14-310. Reporting requirement.
Status: in_force

By September 1 of each year, the advisory board shall submit, in accordance with Section 68-3-14, an annual written report to the Business and Labor Interim Committee that, for the fiscal year immediately preceding the day on which the report is submitted, describes: (1) the number of applications for a new or relocated dealership that the advisory board received; and (2) for each application described in Subsection (1): (a) the number of protests that the advisory board received; (b) whether the advisory board conducted a hearing; (c) if the advisory board conducted a hearing, the disposition of the hearing; and (d) the basis for any disposition described in Subsection (2)(c).
Utah Code § 13-71-202 — Utah Code / Title 13 / Chapter 13-71 / § 13-71-202
§ 13-71-202. Requirements for Utah minor account holders.
Status: in_force

A social media company shall, for Utah minor account holders on the social media service: (1) set default privacy settings to prioritize maximum privacy, including settings that: (a) restrict the visibility of a Utah minor account holder's account to only connected accounts; (b) limit the Utah minor account holder's ability to share content to only connected accounts; (c) restrict any data collection and sale of data from a Utah minor account holder's account that is not required for core functioning of the social media service; (d) disable search engine indexing of Utah minor account holder profiles; (e) restrict a Utah minor account holder's direct messaging capabilities to only allow direct messaging to connected accounts; and (f) allow a Utah minor account holder to download a file with all information associated with the Utah minor account holder's account; (2) implement and maintain reasonable security measures, including data encryption, to protect the confidentiality, security, and integrity of personal information collected from a Utah minor account holder; (3) provide an easily accessible and understandable notice that: (a) describes any information the social media company collects from a Utah minor account holder; and (b) explains how the information may be used or disclosed; (4) upon request of a Utah minor account holder: (a) delete the personal information of the Utah minor account holder, unless the information is required to be retained under Section 13-61-203, or a different provision of state or federal law; and (b) remove any information or material the Utah minor account holder made publicly available through the social media service; and (5) disable the following features that prolong user engagement: (a) autoplay functions that continuously play content without user interaction; (b) scroll or pagination that loads additional content as long as the user continues scrolling; and (c) push notifications prompting repeated user engagement.
Utah Code § 13-52-206 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-206
§ 13-52-206. Good faith estimate -- Obligation to repair.
Status: in_force

(1) A solar retailer that does not have, at the time of providing a disclosure statement required by Subsection 13-52-201(1), information required under Section 13-52-202, 13-52-203, 13-52-204, or 13-52-205 to be included in the disclosure statement may make a good faith estimate of that information to the customer, if the solar retailer clearly indicates that the information is an estimate and provides the basis for the estimate. (2) For 18 months after the day on which a residential solar energy system begins producing usable power, a customer may notify the solar retailer that the residential solar energy system is producing less than 80% of the solar retailer's good faith estimate of energy production. (3) (a) A solar retailer that receives a notification described in Subsection (2) shall repair or improve a residential solar energy system's performance so that the residential solar energy system produces 90% or more of the original estimated energy production. (b) A solar retailer shall make the repairs or improvements described in Subsection (3)(a) within six months after the day on which the solar retailer receives notification from a customer. (4) (a) A customer that notifies the solar retailer in accordance with Subsection (2) may pursue any other available remedies or rights authorized under the laws of this state. (b) A solar retailer may offer warranty terms that exceed the protection offered by this section.
Utah Code § 13-39-304 — Utah Code / Title 13 / Chapter 13-39 / § 13-39-304
§ 13-39-304. Defenses.
Status: in_force

It is a defense to an action brought under this chapter that a person: (1) reasonably relied on the mechanism established by the unit under Subsection 13-39-203(2); and (2) took reasonable measures to comply with this chapter.
Utah Code § 13-12-5 — Utah Code / Title 13 / Chapter 13-12 / § 13-12-5
§ 13-12-5. Death of dealer or lessee -- Distributor to cooperate with heirs -- Offer to purchase -- Reasonable access to premises.
Status: in_force

Upon the death of a dealer or lessee who operates under a marketing agreement, the distributor shall cooperate with the heirs or successors. Such cooperation shall include, but not be limited to, an offer to repurchase salable merchandise and equipment owned by the dealer at the fair market value not to exceed original invoice price and to permit the heirs or successors reasonable access to the premises for a reasonable period of time.
Utah Code § 13-14-304 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-304
§ 13-14-304. Hearing regarding termination, relocation, or establishment of franchises.
Status: in_force

(1) (a) Within 10 days after the day on which the executive director receives an application from a franchisee under Subsection 13-14-301(3) challenging a franchisor's right to terminate or not continue a franchise, or an application under Section 13-14-302 challenging the establishment or relocation of a franchise, the executive director shall: (i) enter an order designating the time and place for the hearing; and (ii) send a copy of the order by certified or registered mail, with return receipt requested, or by any form of reliable delivery through which receipt is verifiable to: (A) the applicant; (B) the franchisor; and (C) if the application involves the establishment of a new franchise or the relocation of an existing dealership, each affected municipality and to each franchisee in the relevant market area engaged in the business of offering to sell or lease the same line-make. (b) A copy of an order mailed under Subsection (1)(a) shall be addressed to the franchisee at the place where the franchisee's business is conducted. (2) An affected municipality and any other person who can establish an interest in the application may intervene as a party to the hearing, whether or not that person receives notice. (3) Any person, including an affected municipality, may appear and testify on the question of the public interest in the termination or noncontinuation of a franchise or in the establishment of an additional franchise. (4) (a) (i) Any hearing ordered under Subsection (1) shall be conducted no later than 90 days after the day on which the application for hearing is filed. (ii) A final decision on the challenge shall be made by the executive director no later than 20 days after the day on which the hearing ends. (b) Failure to comply with the time requirements of Subsection (4)(a) is considered a determination that the franchisor acted with good cause or, in the case of a protest of a proposed establishment or relocation of a dealer, that good cause exists for permitting the proposed additional or relocated new motor vehicle dealer, unless: (i) the delay is caused by acts of the franchisor or the additional or relocating franchisee; or (ii) the delay is waived by the parties. (5) The franchisor has the burden of proof to establish by a preponderance of the evidence that under the provisions of this chapter it should be granted permission to: (a) terminate or not continue the franchise; (b) enter into a franchise agreement establishing an additional franchise; or (c) relocate the dealership of an existing franchisee. (6) Any party to the hearing may appeal the executive director's final decision in accordance with Title 63G, Chapter 4, Administrative Procedures Act, including the franchisor, an existing franchisee of the same line-make whose relevant market area includes the site of the proposed dealership, or an affected municipality.
Utah Code § 13-15-301 — Utah Code / Title 13 / Chapter 13-15 / § 13-15-301
§ 13-15-301. Administration and enforcement -- Powers -- Legal counsel -- Fees.
Status: in_force

(1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (2) (a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (ii) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter. (b) In a court action by the division to enforce a provision of this chapter, the court may: (i) declare that an act or practice violates a provision of this chapter; (ii) issue an injunction for a violation of this chapter; (iii) order disgorgement of any money received in violation of this chapter; (iv) order payment of disgorged money to an injured purchaser or consumer; (v) impose a fine of up to $2,500 for each violation of this chapter; or (vi) award any other relief that the court deems reasonable and necessary. (3) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division: (a) reasonable attorney fees; (b) court costs; and (c) investigative fees. (4) (a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation. (b) A civil penalty authorized under this section may be imposed in any civil action brought by the division.
Utah Code § 13-35-107 — Utah Code / Title 13 / Chapter 13-35 / § 13-35-107
§ 13-35-107. Administrative proceedings -- Request for agency action.
Status: in_force

(1) (a) A person may commence an adjudicative proceeding in accordance with this chapter and with Title 63G, Chapter 4, Administrative Procedures Act, to: (i) remedy a violation of this chapter; (ii) obtain approval of an act regulated by this chapter; or (iii) obtain any determination that this chapter specifically authorizes that person to request. (b) A person shall commence an adjudicative proceeding by filing a request for agency action in accordance with Section 63G-4-201. (2) The executive director shall apportion in a fair and equitable manner between the parties any costs of the adjudicative proceeding, including reasonable attorney fees.
Utah Code § 13-72b-302 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-302
§ 13-72b-302. Duty to remove -- Notice and takedown requirements.
Status: in_force

1/1/2027 (1) A covered platform shall establish and implement notice and removal procedures that comply with the requirements established in Section 3(a) of the Take It Down Act. (2) The requirements described in Subsection (1) include: (a) establishing a mechanism for an individual depicted in a counterfeit intimate image to notify the covered platform that the image has been published on the covered platform without the individual's consent; (b) providing clear and conspicuous notice of the mechanism described in Subsection (2)(a); (c) upon receiving notice that meets the requirements established in the Take It Down Act, removing the reported counterfeit intimate image within 48 hours after receiving the notice; and (d) making reasonable efforts to identify and remove any identical copy of the counterfeit intimate image. (3) A covered platform that complies in good faith with the notice and takedown procedures required by this section is not liable under this chapter for actions taken in accordance with this section before receiving notice.
Utah Code § 13-57-503 — Utah Code / Title 13 / Chapter 13-57 / § 13-57-503
§ 13-57-503. Applicability.
Status: in_force

The requirements of this chapter for a maintenance funding provider do not apply to: (1) a bank while in the course of conducting a banking business as described in Section 7-3-1; (2) a deferred deposit lender, as defined in Section 7-23-102, while engaged in the business of deferred deposit lending; (3) a title lender, as defined in Section 7-24-102, while engaged in the business of extending a title loan; or (4) a creditor, as defined in Section 70C-1-302, subject to the provisions of Title 70C, Utah Consumer Credit Code.
Utah Code § 13-22-114 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-114
§ 13-22-114. Charitable sales promotions.
Status: in_force

A commercial co-venturer shall disclose in each advertisement for a charitable sales promotion the dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization or purpose.
Utah Code § 13-21-102 — Utah Code / Title 13 / Chapter 13-21 / § 13-21-102
§ 13-21-102. Credit services organizations -- Prohibitions.
Status: in_force

(1) A credit services organization, the credit services organization's salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13-21-104, maintaining the following in a manner the division approves and in an amount of $100,000: (A) a surety bond issued by a surety authorized to transact surety business in the state; or (B) a certificate of deposit in a financial institution authorized under the laws of this state; (b) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (c) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (d) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (e) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (f) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; (g) represent that the division or the state endorses or approves the credit services organization; (h) omit from a filing with the division a material statement of fact required by this chapter or rule that the division makes in accordance with this chapter; (i) include in a filing with the division a material statement of fact that the credit service organization or credit service organization's principal knew or should have known to be false, deceptive, inaccurate, or misleading; or (j) cause or attempt to cause a buyer to waive a right established by this chapter. (2) (a) The division may claim a credit service organization's surety bond or certificate of deposit for the benefit of a buyer who incurs damages as the result of the credit service organization's failure to comply with this chapter. (b) After a buyer described in Subsection (2) recovers actual damages, the division may recover from the surety bond or certificate of deposit any administrative fines, civil penalties, investigative costs, attorney fees, and other costs of collecting and distributing funds in accordance with this chapter.
Utah Code § 13-48-103 — Utah Code / Title 13 / Chapter 13-48 / § 13-48-103
§ 13-48-103. Motor vehicle rental company -- Fee disclosure and collection requirements.
Status: in_force

(1) A motor vehicle rental company may include separately stated surcharges, fees, or charges in a rental agreement, including: (a) motor vehicle license cost recovery fees; (b) airport access fees; (c) airport concession fees; and (d) all applicable taxes. (2) If a motor vehicle rental company includes a motor vehicle license cost recovery fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the motor vehicle rental company's good-faith estimate of the motor vehicle rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual motor vehicle titling, registration, obtaining a license plate, and motor vehicle inspection and emission costs. (3) If the total amount of the motor vehicle license cost recovery fees collected by a motor vehicle rental company under this section in any calendar year exceeds the motor vehicle rental company's actual costs to license, title, register, and obtain a license plate for the motor vehicles and have the motor vehicles pass inspections and emissions for that calendar year, the motor vehicle rental company shall retain the excess amount and adjust the estimated average per motor vehicle license cost recovery fee for the following calendar year by the corresponding amount.
Utah Code § 13-61-301 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-301
§ 13-61-301. Responsibility according to role.
Status: in_force

(1) A processor shall: (a) adhere to the controller's instructions; and (b) taking into account the nature of the processing and information available to the processor, by appropriate technical and organizational measures, insofar as reasonably practicable, assist the controller in meeting the controller's obligations, including obligations related to the security of processing personal data and notification of a breach of security system described in Section 13-44-202. (2) Before a processor performs processing on behalf of a controller, the processor and controller shall enter into a contract that: (a) clearly sets forth instructions for processing personal data, the nature and purpose of the processing, the type of data subject to processing, the duration of the processing, and the parties' rights and obligations; (b) requires the processor to ensure each person processing personal data is subject to a duty of confidentiality with respect to the personal data; and (c) requires the processor to engage any subcontractor pursuant to a written contract that requires the subcontractor to meet the same obligations as the processor with respect to the personal data. (3) (a) Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal data are to be processed. (b) A processor that adheres to a controller's instructions with respect to a specific processing of personal data remains a processor.
Utah Code § 13-47-204 — Utah Code / Title 13 / Chapter 13-47 / § 13-47-204
§ 13-47-204. Department to publish list of registered private employers.
Status: in_force

On and after July 1, 2010, the department shall publish electronically a list of private employers who register under Section 13-47-203 on a website accessible to the general public without a charge.
Utah Code § 13-26-107 — Utah Code / Title 13 / Chapter 13-26 / § 13-26-107
§ 13-26-107. Provisions of chapter not exclusive.
Status: in_force

The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.
Utah Code § 13-2-106 — Utah Code / Title 13 / Chapter 13-2 / § 13-2-106
§ 13-2-106. Powers of director.
Status: in_force

The director may: (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, issue rules to administer and enforce a chapter or section listed in Section 13-2-102; (2) investigate conduct governed by the laws the division administers and enforces; (3) take administrative and judicial action against a person that violates the division rules and the laws the division administers and enforces, including the issuance of cease and desist orders; (4) coordinate, cooperate, and assist with business and industry desiring or attempting to correct unfair business practices between competitors; (5) provide consumer information and education to the public and assist an organization that provides consumer information and education to the public; and (6) coordinate with, assist, and utilize the assistance of federal, state, and local agencies in the performance of the director's duties and the protection of the public.