Utah Code § 13-21-107 — Utah Code / Title 13 / Chapter 13-21 / § 13-21-107
§ 13-21-107. Written contracts required -- Contents -- Notice of cancellation of contract.
Status: in_force

(1) A contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, signed by the buyer, and include all of the following: (a) a conspicuous statement in bold type, in immediate proximity to the space reserved for the signature of the buyer, as follows: "You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right."; (b) the terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person; (c) a full and detailed description of the services the credit services organization will perform for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the credit services organization will perform the services, or estimated length of time for performing the services; and (d) the credit services organization's principal business address and the name and address of its agent, in Utah, authorized to receive service of process. (2) The contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation," which shall be attached to the contract and easily detachable, and which shall contain in bold type the following statement written in the same language as used in the contract:"Notice of CancellationYou may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed.If you cancel, any payment made by you under this contract will be returned within 10 days following receipt by the seller of your cancellation notice.To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice, to _____(name of credit services organization)_____at _____(address of credit services organization)_____ (place of business)_____ not later than midnight _____(date)_____.I hereby cancel this transaction._______________(date)__________________________________________________________(purchaser's signature)" (3) The credit services organization shall give to the buyer: (a) a copy of the completed contract; and (b) all other documents the credit services organization requires the buyer to sign at the time the buyer signs the documents.
Utah Code § 13-52-302 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-302
§ 13-52-302. Registration and security required.
Status: in_force

(1) (a) On or after July 1, 2026, a solar retailer may not operate in this state without being registered with the division. (b) Except as provided in Subsection (1)(c), a registration under this section is valid for one year after the day on which the solar retailer registers with the division. (c) The division may extend the period for which a solar retailer's registration is effective by up to six months so that expiration dates are staggered throughout the year. (2) (a) A solar retailer shall submit an application for registration to the division in a manner the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if: (i) the solar retailer's sales representative communicates with customers or potential customers in the state; or (ii) the solar retailer, or the solar retailer's sales representative, conducts any business operations in the state. (b) An application for registration shall designate a registered agent for service of process in this state and include the registered agent's: (i) name; (ii) street address; (iii) mailing address; and (iv) telephone number. (c) If a solar retailer fails to designate an agent to receive service or fails to appoint a successor to the agent, the division shall deny the solar retailer's application for registration. (d) As a part of the registration, each solar retailer shall submit proof of obtaining and maintaining the following security in a form approved by the division: (i) a performance bond issued by a surety authorized to transact surety business in this state; or (ii) a certificate of deposit in a financial institution authorized under the laws of this state or the United States to accept deposits from the public. (3) The division shall impose an annual registration fee set in accordance with Section 63J-1-504 that includes the cost of the criminal background check described in this Subsection (3). (4) To register as a solar retailer, a solar retailer and the solar retailer's participants: (a) may not have been convicted of a felony or misdemeanor involving theft, fraud, or dishonesty, in the 10-year period immediately before the day on which the solar retailer files the application; and (b) shall submit to the division: (i) each participant's fingerprints, in a form acceptable to the division, for purposes of a criminal background check; (ii) consent to a criminal background check by: (A) the Bureau of Criminal Identification created in Section 53-10-201; or (B) another state or federal agency that performs criminal background checks in this state or the United States; and (iii) payment for the cost of the fingerprint card and criminal background check described in Subsections (4)(b)(i) and (ii). (5) A solar retailer shall update registration information within 30 days after the day on which information provided on the application becomes incorrect or incomplete. (6) A solar retailer that is a publicly traded corporation registered with the Securities and Exchange Commission is exempt from the requirements described in Subsection (4). (7) The division may claim a solar retailer's surety bond or certificate of deposit for the benefit of a customer who incurs damages as the result of the solar retailer's failure to comply with this chapter. (8) (a) For purposes of this section, damages incurred by a customer include: (i) labor and materials necessary to complete the installation of a residential solar energy system that is partially installed; and (ii) damage to a customer's home caused during installation or repair of the residential solar energy system. (b) After a customer recovers full damages, the division may recover from the bond or certificate of deposit any administrative fines, civil penalties, investigative costs, attorney fees, and other costs of collecting and distributing funds under this section. (9) A solar retailer shall submit proof of obtaining and maintaining the following in a form the division approves: (a) a surety bond issued by a surety authorized to transact business in this state; or (b) a certificate of deposit in a financial institution authorized under the laws of this state or the laws of the United States to accept deposits from the public. (10) The surety bond or certificate of deposit described in Subsection (9) shall be in the amount of: (a) $100,000 if: (i) the solar retailer or an affiliated person has not violated a chapter the division enforces, as described in Section 13-2-102, in the three-year period immediately before the day on which the solar retailer files the application; (ii) the solar retailer has fewer than ten employees; and (iii) the solar retailer sells fewer than 500 kilowatts nameplate capacity annually; (b) $200,000 if: (i) the solar retailer or an affiliated person has not violated a chapter the division enforces, as described in Section 13-2-102, in the three-year period immediately before the day on which the solar retailer files the application; (ii) the solar retailer has ten or more employees; or (iii) the solar retailer sells more than 500 kilowatts nameplate capacity annually; or (c) $300,000 if the solar retailer or an affiliated person has violated a chapter the division enforces, as described in Section 13-2-102, the three-year period immediately before the day on which the solar retailer files the application. (11) Beginning July 1, 2026, a solar retailer that operates in this state violates this chapter each time the solar retailer sells a residential solar energy system without first registering with the division. (12) The division director may deny, suspend, or revoke a solar retailer's registration if: (a) a solar retailer or a solar retailer's participant: (i) violates a statute the division enforces within the preceding five years; or (ii) fails to pay a fine or comply with a term of settlement with the division; (b) the division claims the solar retailer's bond or certificate of deposit; or (c) the division receives ten or more complaints from consumers about the solar retailer related to the solar energy system's energy production and finds substantial evidence that the solar retailer has provided good faith estimates for residential solar energy systems that do not produce 80% or more of the solar retailer's estimated energy production. (13) A solar retailer may not: (a) represent that the division or the state endorses or approves the solar retailer; (b) omit from a filing with the division a material statement of fact that this chapter or rule the division makes in accordance with this chapter requires; or (c) include in a filing with the division a material statement of fact that the solar retailer or the solar retailer's principal knows or should know is false, deceptive, inaccurate, or misleading.
Utah Code § 13-34-113 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-113
§ 13-34-113. Private right of action.
Status: in_force

(1) A person may bring an action in a court of competent jurisdiction against a postsecondary school that does not comply with this chapter. (2) If a court of competent jurisdiction finds that a postsecondary school violated this chapter, a person who brings an action under Subsection (1) is entitled to: (a) declaratory judgment that an act or practice violates this chapter; (b) injunctive relief; (c) rescission of a contract; (d) for a loss suffered as a result of a violation of this chapter, an amount equal to the greater of: (i) actual damages; or (ii) $2,000; and (e) an award of reasonable attorney fees and court costs.
Utah Code § 13-81-401 — Utah Code / Title 13 / Chapter 13-81 / § 13-81-401
§ 13-81-401. Severability.
Status: in_force

7/1/2027 (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application. (2) The provisions of this chapter are severable.
Utah Code § 13-22-108 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-108
§ 13-22-108. Prohibited practices.
Status: in_force

In connection with a charitable solicitation, each of the following acts and practices is prohibited: (1) stating or implying that registration constitutes endorsement or approval by the division or a governmental entity; (2) violating a requirement of this chapter or a rule made under this chapter; (3) making a false statement of a material fact or failing to state a material fact necessary to make statements made, in the context of the circumstances under which they are made, not misleading, whether in connection with a charitable solicitation or a filing with the division; and (4) violating an order issued by the division under Section 13-22-102.
Utah Code § 13-56-102 — Utah Code / Title 13 / Chapter 13-56 / § 13-56-102
§ 13-56-102. Definitions.
Status: in_force

As used in this section: (1) "Division" means the Division of Consumer Protection in the Department of Commerce. (2) "Event" means a single, specific occurrence of one of the following, that takes place at a venue: (a) a concert; (b) a game; (c) a performance; (d) a show; or (e) an occasion similar to the occasions described in Subsections (2)(a) through (d). (3) "Exempt entity" means: (a) a Division I college postseason basketball tournament; (b) a nonprofit organization that: (i) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; (ii) is domiciled in the state; and (iii) produces an annual international film festival in the state; or (c) a public or private postsecondary institution that is located in the state. (4) "Restricted ticket" means a ticket to an event that is subject to a restriction that prohibits the purchaser from reselling or otherwise transferring the ticket by any lawful method. (5) "Transferrable ticket" means a ticket to an event that a person issues using a delivery method that enables the purchaser to lawfully resell the ticket independent of the person who issued the ticket or the person's agent or operator. (6) (a) "Venue" means real property located in the state where one or more persons host a concert, game, performance, show, or similar occasion. (b) "Venue" includes an arena, a stadium, a theater, a concert hall, an amphitheater, a fairground, a club, a convention center, a public assembly facility, or a mass gathering location. (7) "Venue operator" means a person who operates a venue.
Utah Code § 13-39-303 — Utah Code / Title 13 / Chapter 13-39 / § 13-39-303
§ 13-39-303. Administrative enforcement.
Status: in_force

(1) The attorney general: (a) shall investigate violations of this chapter; and (b) may bring an action against a person who violates this chapter. (2) A person who violates this chapter is subject to: (a) a cease and desist order or other injunctive relief; and (b) a fine of not more than $2,500 for each separate communication sent in violation of Section 13-39-202. (3) (a) A person who intentionally violates this chapter is subject to a fine of not more than $5,000 for each communication intentionally sent in violation of Section 13-39-202. (b) For purposes of this section, a person intentionally violates this chapter if the violation occurs after the 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 § 13-10a-2 — Utah Code / Title 13 / Chapter 13-10a / § 13-10a-2
§ 13-10a-2. Definitions.
Status: in_force

As used in this chapter: (1) "Copyright laws of the United States" means those laws specified pursuant to Title 17, United States Code. (2) "Copyright owner" does not include the owner of a copyright in a motion picture or audio-visual work or a part of a motion picture or audio-visual work. (3) "Division" means the Division of Consumer Protection. (4) "Performing rights society or organization" means an association, corporation, or other entity that licenses the nondramatic public performance of musical works on behalf of copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc. (5) "Proprietor" means the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not for profit organization, or any other place of business or professional office located in this state in which: (a) the public may assemble; and (b) musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled. (6) "Royalty" or "royalties" means the fees payable by a proprietor to a performing rights society for the nondramatic public performance of musical or other similar works.
Utah Code § 13-50-203 — Utah Code / Title 13 / Chapter 13-50 / § 13-50-203
§ 13-50-203. Required provisions.
Status: in_force

A written contract between a person and a residential contractor for the performance of repair work on a residential building shall: (1) include a notice of the person's right to cancel the contract, as described in Section 13-50-202, that is in substantially the following form:"Utah Code Section 13-50-202 provides that if, when you signed this contract, the residential contractor knew or should have known that you intended that all or part of the contract would be paid with proceeds of a property and casualty insurance policy, you may cancel this contract within five business days after the day on which you receive written notification from your property and casualty insurer that your claim, or a portion of your claim, has been denied"; (2) state the mailing address where the residential contractor receives written notice; and (3) include a detachable copy of a notice of cancellation that is in substantially the following form:"NOTICE OF CANCELLATIONIf your property and casualty insurer denies your claim, or a portion of your claim, to pay for the repair work to be provided under this contract, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written cancellation notice to ______ (name of residential contractor) at ______ (address where residential contractor receives notices) any time within five business days after the day on which you receive written notice from your property and casualty insurer that your claim, or a portion of your claim, for coverage of the repair services described in this contract has been denied. If you cancel, any payments made by you under the contract will be returned within 10 business days after the day on which the residential contractor receives your written cancellation notice, except that the residential contractor may retain or collect the reasonable value of any repair work actually performed, if you expressly instructed the residential contractor to perform the repair work without waiting for notice of coverage from your property and casualty insurer.I HEREBY CANCEL THIS TRANSACTION. Dated_____________Signature_____________________"
Utah Code § 13-57-501 — Utah Code / Title 13 / Chapter 13-57 / § 13-57-501
§ 13-57-501. Enforceability.
Status: in_force

If a maintenance funding provider willfully violates a provision of this chapter, a maintenance funding agreement associated with the violation is unenforceable by the maintenance funding provider or any successor-in-interest to the maintenance funding agreement.
Utah Code § 13-35-205 — Utah Code / Title 13 / Chapter 13-35 / § 13-35-205
§ 13-35-205. Liability for damages to motor vehicles in transit -- Disclosure required.
Status: in_force

(1) (a) A franchisee is solely liable for damage to a new powersport vehicle after delivery by and acceptance from the carrier. (b) A delivery receipt or bill of lading, or similar document, signed by a franchisee is evidence of a franchisee's acceptance of a new powersport vehicle. (2) A franchisor is liable for all damage to a powersport vehicle before delivery to and acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier or transporter. (3) A franchisor shall disclose to the franchisee any repairs made prior to delivery, only if the cost of the repair exceeds 3% of the manufacturer's wholesale price, as measured by retail repair costs. (4) Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to a new powersport vehicle after delivery to the carrier or transporter if the franchisee selected: (a) the method and mode of transportation; and (b) the carrier or transporter.
Utah Code § 13-14-302.5 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-302.5
§ 13-14-302.5. Application of new franchise process with respect to certain terminated franchises.
Status: in_force

(1) As used in this section: (a) "Covered franchisee": (i) means a person who was a franchisee under a pre-bankruptcy franchise; and (ii) is a "covered dealership," as that term is defined in the federal franchise arbitration law. (b) "Covered franchisor": (i) means a person who was a franchisor under a pre-bankruptcy franchise; and (ii) is a "covered manufacturer," as that term is defined in the federal franchise arbitration law. (c) "Federal franchise arbitration law" means Section 747 of the Consolidated Appropriations Act of 2010, Pub. L. No. 111-117. (d) "New franchisor": (i) means a person who is a franchisor of the same line-make as the franchisor under a pre-bankruptcy franchise that has become a terminated franchise; and (ii) is a "covered manufacturer," as that term is defined in the federal franchise arbitration law. (e) "Pre-bankruptcy franchise" means a franchise in effect as of October 3, 2008. (f) "Reinstated franchise" means: (i) a terminated franchise that a reinstatement order determines should be reinstated, renewed, continued, assigned, or assumed; or (ii) a franchise that a reinstatement order otherwise determines should be reestablished in or added to the dealer network of a new franchisor in the geographic area where the covered franchisee was located before October 3, 2008. (g) "Reinstated franchisee" means a covered franchisee: (i) whose franchise became a terminated franchise with less than 90 days' notice prior to termination; and (ii) that becomes entitled to a reinstated franchise under a reinstatement order. (h) "Reinstatement order" means an arbitrator's written determination: (i) in an arbitration proceeding held under the federal franchise arbitration law; and (ii) (A) that a terminated franchise should be reinstated, renewed, continued, assigned, or assumed; or (B) that a covered franchisee should otherwise be reestablished as a franchisee in or added to the dealer network of a new franchisor in the geographic area where the covered franchisee was located before October 3, 2008. (i) "Terminated franchise" means a covered franchisee's pre-bankruptcy franchise that was terminated or not continued or renewed as a result of a bankruptcy proceeding involving a covered franchisor as the bankruptcy debtor. (2) The process under Sections 13-14-302, 13-14-304, and 13-14-306 for the issuance of a franchise, including Subsections 13-14-302(5) and (6) and Section 13-14-304 relating to a protest by another franchisee in the line-make in the relevant market area against the establishment or relocation of a franchise, does not apply to a reinstated franchise or reinstated franchisee.
Utah Code § 13-83-101 — Utah Code / Title 13 / Chapter 13-83 / § 13-83-101
§ 13-83-101. Definitions.
Status: in_force

As used in this chapter: (1) "Transaction hash" means a unique identifier made up of a string of characters that act as a record and provide proof the transaction was verified and added to the blockchain. (2) "Virtual currency" means a digital representation of value that is used as a medium of exchange, unit of account, or store of value and is not money, whether or not denominated in money. (3) "Virtual currency address" means an alphanumeric identifier associated with a virtual currency wallet identifying the location to which a virtual currency transaction may be sent. (4) "Virtual currency kiosk" means an electronic terminal acting as a mechanical agent of the virtual currency kiosk operator to enable the virtual currency kiosk operator to facilitate the exchange of virtual currency for money, bank credit, or other virtual currency. (5) "Virtual currency kiosk operator" means a person that operates a virtual currency kiosk in this state. (6) "Virtual currency kiosk transaction" means a transaction conducted or performed, in whole or in part, by electronic means via a virtual currency kiosk to purchase virtual currency with fiat currency or to sell virtual currency for fiat currency. (7) "Virtual currency wallet" means a software application or other mechanism providing a means to hold, store, or transfer virtual currency.
Utah Code § 13-47-101 — Utah Code / Title 13 / Chapter 13-47 / § 13-47-101
§ 13-47-101. Title.
Status: in_force

This chapter is known as the "Private Employer Verification Act."
Utah Code § 13-35-106 — Utah Code / Title 13 / Chapter 13-35 / § 13-35-106
§ 13-35-106. 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 § 13-25a-102 — Utah Code / Title 13 / Chapter 13-25a / § 13-25a-102
§ 13-25a-102. Definitions.
Status: in_force

As used in this chapter: (1) "Advertisement" means material offering for sale, or advertising the availability or quality of, any property, good, or service. (2) (a) "Automated telephone dialing system" means equipment used to: (i) store or produce telephone numbers; (ii) call a stored or produced number; and (iii) connect the number called with a recorded message or artificial voice. (b) "Automated telephone dialing system" does not include a system used in an emergency involving the immediate health or safety of a person, including a burglar alarm system, voice messaging system, fire alarm system, or other similar system. (3) "Division" means the Division of Consumer Protection. (4) (a) "Established business relationship" means a relationship that: (i) is based on inquiry, application, purchase, or transaction regarding products or services offered; (ii) is formed by a voluntary two-way communication between a person making a telephone solicitation and a person to whom a telephone solicitation is made; and (iii) has not been terminated by: (A) an act by either person; or (B) the passage of 18 months since the most recent inquiry, application, purchase, transaction, or voluntary two-way communication. (b) "Established business relationship" includes a relationship with an affiliate as defined in Section 16-10a-102. (5) "Facsimile machine" means equipment used for: (a) scanning or encoding text or images for conversion into electronic signals for transmission; or (b) receiving electronic signals and reproducing them as a duplicate of the original text or image. (6) "Negative response" means a statement from a person stating the person does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call. (7) "On-call emergency provider" means an individual who is required by an employer to be on call to respond to a medical emergency. (8) "Telephone solicitation" means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls: (a) encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization; (b) soliciting a sale of or extension of credit for property or services to the person called; (c) soliciting information that will be used for: (i) the direct solicitation of a sale of property or services to the person called; or (ii) an extension of credit to the person called for a sale of property or services; (d) soliciting a charitable contribution; or (e) encouraging the person called to sell real or personal property. (9) "Telephone solicitor" means an individual, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. (10) "Unsolicited telephone call" means a telephone call for a commercial purpose or to seek a financial donation other than a call made: (a) in response to an express request of the person called; (b) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call; (c) to a person with whom the telephone solicitor has an established business relationship; or (d) as required by law for a medical purpose.
Utah Code § 13-56-201 — Utah Code / Title 13 / Chapter 13-56 / § 13-56-201
§ 13-56-201. Limitations on ticket resale restrictions -- Disclosures.
Status: in_force

(1) Except as provided in Subsection (2), each ticket issued for an event shall be a transferrable ticket. (2) (a) (i) Up to 10% of the total number of tickets issued for an event may be restricted tickets. (ii) The total number of tickets described in Subsection (2)(a)(i): (A) includes each ticket that provides access to the event, regardless of whether the ticket is made available for sale; and (B) does not include a ticket that is part of a youth basketball program associated with a professional sports team where tickets are donated or issued at a reduced rate. (b) Notwithstanding Subsection (2)(a), each calendar year, an unlimited number of restricted tickets may be issued for up to 10% of the total concert and theater events held at the same venue during the calendar year. (3) A person who issues a restricted ticket shall provide the purchaser a clear and conspicuous written notice that states the ticket may not be resold or transferred. (4) A person may not discriminate against an individual or deny an individual admission to an event solely because the individual: (a) resold a ticket to the event independent of the person who issued the ticket or the person's agent or operator; or (b) purchased a resold ticket to the event independent of the person who issued the ticket or the person's agent or operator.
Utah Code § 13-1a-103 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-103
§ 13-1a-103. Director to supervise division -- Appointment.
Status: in_force

10/1/2026 (1) The division shall be under the supervision, direction, and control of a director. (2) The executive director, with the approval of the governor, shall appoint the director. (3) The director shall hold office at the discretion of the governor.
Utah Code § 13-57-502 — Utah Code / Title 13 / Chapter 13-57 / § 13-57-502
§ 13-57-502. Penalties -- Enforcement.
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) 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 a violation of this chapter; and (b) the division may bring an action in a court with jurisdiction to enforce a provision of this chapter. (3) In an action the division brings in accordance with Subsection (2)(b), a 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; or (f) award any other relief that the court deems reasonable and necessary. (4) The division's enforcement powers under this section and Section 13-2-107 do not affect an individual's legal claim against a maintenance funding provider.
Utah Code § 13-22-106 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-106
§ 13-22-106. Expiration of registration.
Status: in_force

(1) A professional fundraiser's or professional fundraising consultant's registration issued under this chapter expires one year after the day on which the division issues the registration. (2) A professional fundraiser or a professional fundraising consultant: (a) may renew a registration only by complying with the requirements for obtaining the original registration; and (b) shall submit an application to renew a registration at least 30 days before the day on which the professional fundraiser's or the professional fundraising consultant's registration expires.
Utah Code § 13-71-301 — Utah Code / Title 13 / Chapter 13-71 / § 13-71-301
§ 13-71-301. Enforcement powers.
Status: in_force

(1) The division shall administer and enforce the provisions of Part 2, General Requirements, 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 part. (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. (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, or by the attorney general on behalf of the division. (5) All money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Consumer Protection Education and Training Fund established in Section 13-2-109.
Utah Code § 13-72-201 — Utah Code / Title 13 / Chapter 13-72 / § 13-72-201
§ 13-72-201. Creation of Office of Artificial Intelligence Policy -- Director appointed -- Duties and authority.
Status: in_force

(1) There is created in the department the Office of Artificial Intelligence Policy. (2) The executive director of the department shall appoint a director to oversee the management and operations of the office. (3) The office shall: (a) create and administer an artificial intelligence learning laboratory program; (b) consult with businesses and other stakeholders in the state about potential regulatory proposals; (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing: (i) required participant disclosures to consumers; (ii) reporting requirements for participants to the office; (iii) criteria for limited extension of the participation period; and (iv) other requirements necessary to administer the learning laboratory; and (d) report annually, before November 30, to the Business and Labor Interim Committee regarding: (i) the proposed learning agenda for the learning laboratory; (ii) the findings, participation, and outcomes of the learning laboratory; (iii) any regulatory mitigation or joint interpretation agreements executed by the office; and (iv) recommended legislation from findings from the learning laboratory. (4) The office may develop and publish guidance and other resources, including best practices, to inform and educate Utah consumers about artificial intelligence technology.
Utah Code § 13-2-105 — Utah Code / Title 13 / Chapter 13-2 / § 13-2-105
§ 13-2-105. Annual report -- Budget.
Status: in_force

(1) On or before October 1 of each year, the director in connection with the executive director shall report to the governor and the Legislature for the preceding fiscal year on the operations, activities, and goals of the division. (2) The director shall prepare and submit to the executive director a budget of the administrative expenses for the division.
Utah Code § 13-14a-6 — Utah Code / Title 13 / Chapter 13-14a / § 13-14a-6
§ 13-14a-6. Security interest of wholesaler or manufacturer not affected.
Status: in_force

This chapter may not be construed to affect in any way any security interest that the wholesaler or manufacturer may have in the inventory of the dealer. The retailer, manufacturer, or wholesaler may furnish a representative to inspect all parts and certify their acceptability when packed for shipment.
Utah Code § 13-20-1 — Utah Code / Title 13 / Chapter 13-20 / § 13-20-1
§ 13-20-1. Short title.
Status: in_force

This chapter is known as the "New Motor Vehicles Warranties Act."
Utah Code § 13-22-111 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-111
§ 13-22-111. Separate accounts and receipts required.
Status: in_force

(1) (a) A professional fundraiser shall segregate and maintain all contributed funds in an account held separately from the professional fundraiser's operating account. (b) A professional fundraiser shall deposit each contribution in the control or custody of the professional fundraiser into an account at a bank or other federally insured financial institution that is in the name of the charitable organization no later than 10 days after the day on which the professional fundraiser receives the contribution. (c) The charitable organization shall: (i) maintain and administer the account described in Subsection (1)(b); and (ii) have sole control of all withdrawals. (2) A professional fundraiser shall: (a) maintain a record of each contribution of money, securities, or cash equivalent sufficient to allow the charitable organization or professional fundraiser to provide a receipt to the contributor upon request or as required by law; and (b) provide a contributor a receipt for each contribution upon request or as required by law. (3) A professional fundraiser shall develop and maintain adequate internal controls for receipt, management, and disbursement of money that are reasonable in light of the charitable organization's or professional fundraiser's assets and organizational complexity.
Utah Code § 13-14-301 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-301
§ 13-14-301. Termination or noncontinuance of franchise.
Status: in_force

(1) Except as provided in Subsection (2), a franchisor may not terminate or refuse to continue a franchise agreement or the rights to sell and service a line-make pursuant to a franchise agreement, whether through termination or noncontinuance of the franchise, termination or noncontinuance of a line-make, or otherwise, unless: (a) the franchisee has received written notice from the franchisor 60 days before the effective date of termination or noncontinuance setting forth the specific grounds for termination or noncontinuance that are relied on by the franchisor as establishing good cause for the termination or noncontinuance; (b) the franchisor has good cause for termination or noncontinuance; and (c) the franchisor is willing and able to comply with Section 13-14-307. (2) A franchisor may terminate a franchise, without complying with Subsection (1): (a) if the franchisee's license as a new motor vehicle dealer is revoked under Title 41, Chapter 3, Motor Vehicle Business Regulation Act; or (b) upon a mutual written agreement of the franchisor and franchisee. (3) (a) At any time before the effective date of termination or noncontinuance of the franchise, the franchisee may apply to the executive director for a hearing on the merits, and following notice to all parties concerned, the hearing shall be promptly held as provided in Section 13-14-304. (b) A termination or noncontinuance subject to a hearing under Subsection (3)(a) may not become effective until: (i) final determination of the issue by the executive director; and (ii) the applicable appeal period has lapsed. (4) A franchisee may voluntarily terminate its franchise if the franchisee provides written notice to the franchisor at least 30 days prior to the termination.
Utah Code § 13-32a-104.7 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-104.7
§ 13-32a-104.7. Database information from catalytic converter purchasers -- Penalties.
Status: in_force

(1) As soon as practicable, but no later than January 1, 2023, a catalytic converter purchaser shall document information for each catalytic converter purchase as required under this section and upload the information to the central database under Section 13-32a-106. (2) A catalytic converter purchaser shall document the following information regarding a catalytic converter purchase: (a) the date and time of the catalytic converter purchase; (b) the following information regarding the individual selling the catalytic converter: (i) the individual's: (A) full name and date of birth as they appear on the individual's identification; (B) residence address; (C) telephone number; and (D) signature on a certificate stating that the individual has the legal right to sell the catalytic converter; (ii) the type of identification the individual presents under Subsection (2)(b)(i)(A) and the unique number on the identification; (iii) a color digital photograph or still video of the individual taken at the time of the sale, or a clearly legible photocopy of the individual's identification; and (iv) except as provided in Subsection (3), 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 finger fingerprinted and the reason why the right index fingerprint is unavailable; (c) the amount paid for the catalytic converter; (d) the full name of the individual conducting the purchase on behalf of the catalytic converter purchaser or the initials or unique identifying employee number, if the catalytic converter purchaser maintains a record of the initials or unique identifying employee number of the individual; (e) an accurate description of the catalytic converter, with available identifying marks, including: (i) if available, the name, brand name, number, serial number, model number, manufacturer information, and size of the catalytic converter; (ii) any marks of identification or indicia of ownership on the catalytic converter; (iii) the weight of the catalytic converter, if the payment is based on weight; and (iv) other unique identifying characteristics of the catalytic converter; and (f) a color, digital photograph of the catalytic converter. (3) If the individual selling a catalytic converter to the catalytic converter purchaser in a catalytic converter purchase previously has sold one or more catalytic converters to the catalytic converter purchaser, the catalytic converter purchaser is not required to obtain the fingerprint under Subsection (2)(b)(iv). (4) A catalytic converter purchaser may not accept a catalytic converter if, upon inspection, it is apparent that the serial number or identifying characteristics have been intentionally defaced on the catalytic converter. (5) The division shall establish standards and criteria for fingerprint legibility under Subsection (2)(b)(iv) by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (6) A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110. (7) A dealer, as defined in Section 76-6-1402, that makes a catalytic converter purchase under this section shall comply with Title 76, Chapter 6, Part 14, Regulation of Metal Dealers.
Utah Code § 13-32a-114 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-114
§ 13-32a-114. Preemption of local ordinances -- Exceptions.
Status: in_force

(1) This chapter preempts town, city, county, and other local ordinances governing pawn or secondhand businesses or catalytic converter purchasers, if the ordinances are more restrictive than the provisions of this chapter or are not consistent with this chapter. (2) Subsection (1) does not preclude a city, county, or other local governmental unit from: (a) enacting or enforcing local ordinances concerning public health, safety, or welfare, if the ordinances are uniform and equal in application to pawn and secondhand businesses or catalytic converter purchasers and other retail businesses or activities; (b) requiring a pawn or secondhand business or catalytic converter purchaser to obtain and maintain a business license and providing for revocation of the business license based on multiple violations of Section 76-6-408; or (c) enacting zoning ordinances that restrict areas where pawn or secondhand businesses or catalytic converter purchasers and other retail businesses or activities can be located.
Utah Code § 13-83-104 — Utah Code / Title 13 / Chapter 13-83 / § 13-83-104
§ 13-83-104. Recordkeeping and law enforcement cooperation.
Status: in_force

(1) Each virtual currency kiosk operator shall maintain complete and accurate records of all virtual currency kiosk transactions and related customer information as required under applicable state and federal law. (2) At a minimum, the records described in Subsection (1) shall be preserved for the period of time required by: (a) rules made by the division under Section 13-83-106; or (b) other applicable law. (3) A virtual currency kiosk operator shall cooperate with law enforcement authorities in the investigation and prevention of fraud and other unlawful activity, including: (a) promptly complying with lawful subpoenas, court orders, and other official requests for records or information relating to virtual currency kiosk transactions or customers; (b) responding in good faith to lawful requests from the division or law enforcement relating to fraud involving a virtual currency kiosk; and (c) designating a point of contact within the operator's organization for communication with the division and law enforcement regarding fraud-related matters. (4) Upon request by the division, a virtual currency kiosk operator shall make the operator's records available to the division for examination or audit to verify compliance with this chapter.
Utah Code § 13-61-101 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-101
§ 13-61-101. Definitions.
Status: in_force

1/1/2027As used in this chapter: (1) "Account" means the Consumer Privacy Restricted Account established in Section 13-61-403. (2) "Affiliate" means an entity that: (a) controls, is controlled by, or is under common control with another entity; or (b) shares common branding with another entity. (3) "Aggregated data" means information that relates to a group or category of consumers: (a) from which individual consumer identities have been removed; and (b) that is not linked or reasonably linkable to any consumer. (4) "Air carrier" means the same as that term is defined in 49 U.S.C. Sec. 40102. (5) "Authenticate" means to use reasonable means to determine that a consumer's request to exercise the rights described in Section 13-61-201 is made by the consumer who is entitled to exercise those rights. (6) (a) "Biometric data" means data generated by automatic measurements of an individual's unique biological characteristics. (b) "Biometric data" includes data described in Subsection (6)(a) that are generated by automatic measurements of an individual's fingerprint, voiceprint, eye retinas, irises, or any other unique biological pattern or characteristic that is used to identify a specific individual. (c) "Biometric data" does not include: (i) a physical or digital photograph; (ii) a video or audio recording; (iii) data generated from an item described in Subsection (6)(c)(i) or (ii); (iv) information captured from a patient in a health care setting; or (v) information collected, used, or stored for treatment, payment, or health care operations as those terms are defined in 45 C.F.R. Parts 160, 162, and 164. (7) "Business associate" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (8) "Child" means an individual younger than 13 years old. (9) "Consent" means an affirmative act by a consumer that unambiguously indicates the consumer's voluntary and informed agreement to allow a person to process personal data related to the consumer. (10) (a) "Consumer" means an individual who is a resident of the state acting in an individual or household context. (b) "Consumer" does not include an individual acting in an employment or commercial context. (11) "Control" or "controlled" as used in Subsection (2) means: (a) ownership of, or the power to vote, more than 50% of the outstanding shares of any class of voting securities of an entity; (b) control in any manner over the election of a majority of the directors or of the individuals exercising similar functions; or (c) the power to exercise controlling influence of the management of an entity. (12) "Controller" means a person doing business in the state who determines the purposes for which and the means by which personal data are processed, regardless of whether the person makes the determination alone or with others. (13) "Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (14) (a) "Deidentified data" means data that: (i) cannot reasonably be linked to an identified individual or an identifiable individual; and (ii) are possessed by a controller who: (A) takes reasonable measures to ensure that a person cannot associate the data with an individual; (B) publicly commits to maintain and use the data only in deidentified form and not attempt to reidentify the data; and (C) contractually obligates any recipients of the data to comply with the requirements described in this Subsection (14)(a). (b) "Deidentified data" includes synthetic data. (15) "Director" means the director of the Division of Consumer Protection. (16) "Division" means the Division of Consumer Protection created in Section 13-2-102. (17) "Governmental entity" means the same as that term is defined in Section 63G-2-103. (18) "Health care facility" means the same as that term is defined in Section 26B-2-201. (19) "Health care provider" means the same as that term is defined in Section 78B-3-403. (20) "Identifiable individual" means an individual who can be readily identified, directly or indirectly. (21) "Institution of higher education" means a public or private institution of higher education. (22) "Local political subdivision" means the same as that term is defined in Section 11-14-102. (23) "Motor vehicle" means the same as that term is defined in Section 41-1a-102. (24) "Motor vehicle manufacturer" means a person who manufactures or assembles motor vehicles for sale or lease. (25) "Nonprofit corporation" means: (a) the same as that term is defined in Section 16-6a-102; or (b) a foreign nonprofit corporation as defined in Section 16-6a-102. (26) (a) "Personal data" means information that is linked or reasonably linkable to an identified individual or an identifiable individual. (b) "Personal data" does not include deidentified data, aggregated data, or publicly available information. (27) "Process" means an operation or set of operations performed on personal data, including collection, use, storage, disclosure, analysis, deletion, or modification of personal data. (28) "Processor" means a person who processes personal data on behalf of a controller. (29) "Protected health information" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (30) "Pseudonymous data" means personal data that cannot be attributed to a specific individual without the use of additional information, if the additional information is: (a) kept separate from the consumer's personal data; and (b) subject to appropriate technical and organizational measures to ensure that the personal data are not attributable to an identified individual or an identifiable individual. (31) "Publicly available information" means information that a person: (a) lawfully obtains from a record of a governmental entity; (b) reasonably believes a consumer or widely distributed media has lawfully made available to the general public; or (c) if the consumer has not restricted the information to a specific audience, obtains from a person to whom the consumer disclosed the information. (32) "Right" means a consumer right described in Section 13-61-201. (33) (a) "Sale," "sell," or "sold" means the exchange of personal data for monetary consideration by a controller to a third party. (b) "Sale," "sell," or "sold" does not include: (i) a controller's disclosure of personal data to a processor who processes the personal data on behalf of the controller; (ii) a controller's disclosure of personal data to an affiliate of the controller; (iii) considering the context in which the consumer provided the personal data to the controller, a controller's disclosure of personal data to a third party if the purpose is consistent with a consumer's reasonable expectations; (iv) the disclosure or transfer of personal data when a consumer directs a controller to: (A) disclose the personal data; or (B) interact with one or more third parties; (v) a consumer's disclosure of personal data to a third party for the purpose of providing a product or service requested by the consumer or a parent or legal guardian of a child; (vi) the disclosure of information that the consumer: (A) intentionally makes available to the general public via a channel of mass media; and (B) does not restrict to a specific audience; or (vii) a controller's transfer of personal data to a third party as an asset that is part of a proposed or actual merger, an acquisition, or a bankruptcy in which the third party assumes control of all or part of the controller's assets. (34) (a) "Sensitive data" means: (i) personal data that reveals: (A) an individual's racial or ethnic origin; (B) an individual's religious beliefs; (C) an individual's sexual orientation; (D) an individual's citizenship or immigration status; or (E) information regarding an individual's medical history, mental or physical health condition, or medical treatment or diagnosis by a health care professional; (ii) the processing of genetic personal data or biometric data, if the processing is for the purpose of identifying a specific individual; or (iii) specific geolocation data. (b) "Sensitive data" does not include personal data that reveals an individual's: (i) racial or ethnic origin, if the personal data are processed by a video communication service; or (ii) if the personal data are processed by a person licensed to provide health care under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, or Title 58, Occupations and Professions, information regarding an individual's medical history, mental or physical health condition, or medical treatment or diagnosis by a health care professional. (35) (a) "Specific geolocation data" means information derived from technology, including global position system level latitude and longitude coordinates, that directly identifies an individual's specific location, accurate within a radius of 1,750 feet or less. (b) "Specific geolocation data" does not include: (i) the content of a communication; or (ii) any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility. (36) "Synthetic data" means data that has been generated by computer algorithms or statistical models and does not contain personal data. (37) (a) "Targeted advertising" means displaying an advertisement to a consumer where the advertisement is selected based on personal data obtained from the consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests. (b) "Targeted advertising" does not include advertising: (i) based on a consumer's activities within a controller's website or online application or any affiliated website or online application; (ii) based on the context of a consumer's current search query or visit to a website or online application; (iii) directed to a consumer in response to the consumer's request for information, product, a service, or feedback; or (iv) processing personal data solely to measure or report advertising: (A) performance; (B) reach; or (C) frequency. (38) "Third party" means a person other than: (a) the consumer, controller, or processor; or (b) an affiliate or contractor of the controller or the processor. (39) "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 the information's disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain the information's secrecy. (40) "Vehicle data collection system" means a technology system or device installed in or on a motor vehicle that collects, transmits, or stores a consumer or occupant's personal data.1/1/2027As used in this chapter: (1) "Account" means the Consumer Privacy Restricted Account established in Section 13-61-403. (2) "Affiliate" means an entity that: (a) controls, is controlled by, or is under common control with another entity; or (b) shares common branding with another entity. (3) "Aggregated data" means information that relates to a group or category of consumers: (a) from which individual consumer identities have been removed; and (b) that is not linked or reasonably linkable to any consumer. (4) "Air carrier" means the same as that term is defined in 49 U.S.C. Sec. 40102. (5) "Authenticate" means to use reasonable means to determine that a consumer's request to exercise the rights described in Section 13-61-201 is made by the consumer who is entitled to exercise those rights. (6) (a) "Biometric data" means data generated by automatic measurements of an individual's unique biological characteristics. (b) "Biometric data" includes data described in Subsection (6)(a) that are generated by automatic measurements of an individual's fingerprint, voiceprint, eye retinas, irises, or any other unique biological pattern or characteristic that is used to identify a specific individual. (c) "Biometric data" does not include: (i) a physical or digital photograph; (ii) a video or audio recording; (iii) data generated from an item described in Subsection (6)(c)(i) or (ii); (iv) information captured from a patient in a health care setting; or (v) information collected, used, or stored for treatment, payment, or health care operations as those terms are defined in 45 C.F.R. Parts 160, 162, and 164. (7) "Business associate" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (8) "Child" means an individual younger than 13 years old. (9) "Consent" means an affirmative act by a consumer that unambiguously indicates the consumer's voluntary and informed agreement to allow a person to process personal data related to the consumer. (10) (a) "Consumer" means an individual who is a resident of the state acting in an individual or household context. (b) "Consumer" does not include an individual acting in an employment or commercial context. (11) "Control" or "controlled" as used in Subsection (2) means: (a) ownership of, or the power to vote, more than 50% of the outstanding shares of any class of voting securities of an entity; (b) control in any manner over the election of a majority of the directors or of the individuals exercising similar functions; or (c) the power to exercise controlling influence of the management of an entity. (12) "Controller" means a person doing business in the state who determines the purposes for which and the means by which personal data are processed, regardless of whether the person makes the determination alone or with others. (13) "Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (14) (a) "Deidentified data" means data that: (i) cannot reasonably be linked to an identified individual or an identifiable individual; and (ii) are possessed by a controller who: (A) takes reasonable measures to ensure that a person cannot associate the data with an individual; (B) publicly commits to maintain and use the data only in deidentified form and not attempt to reidentify the data; and (C) contractually obligates any recipients of the data to comply with the requirements described in this Subsection (14)(a). (b) "Deidentified data" includes synthetic data. (15) "Director" means the director of the Division of Consumer Protection. (16) "Division" means the Division of Consumer Protection created in Section 13-2-102. (17) "Governmental entity" means the same as that term is defined in Section 63G-2-103. (18) "Health care facility" means the same as that term is defined in Section 26B-2-201. (19) "Health care provider" means the same as that term is defined in Section 78B-3-403. (20) "Identifiable individual" means an individual who can be readily identified, directly or indirectly. (21) "Institution of higher education" means a public or private institution of higher education. (22) "Local political subdivision" means the same as that term is defined in Section 11-14-102. (23) "Motor vehicle" means the same as that term is defined in Section 41-1a-102. (24) "Motor vehicle manufacturer" means a person who manufactures or assembles motor vehicles for sale or lease. (25) "Nonprofit corporation" means: (a) the same as that term is defined in Section 16-6a-102; or (b) a foreign nonprofit corporation as defined in Section 16-6a-102. (26) (a) "Personal data" means information that is linked or reasonably linkable to an identified individual or an identifiable individual. (b) "Personal data" does not include deidentified data, aggregated data, or publicly available information. (27) "Process" means an operation or set of operations performed on personal data, including collection, use, storage, disclosure, analysis, deletion, or modification of personal data. (28) "Processor" means a person who processes personal data on behalf of a controller. (29) "Protected health information" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (30) "Pseudonymous data" means personal data that cannot be attributed to a specific individual without the use of additional information, if the additional information is: (a) kept separate from the consumer's personal data; and (b) subject to appropriate technical and organizational measures to ensure that the personal data are not attributable to an identified individual or an identifiable individual. (31) "Publicly available information" means information that a person: (a) lawfully obtains from a record of a governmental entity; (b) reasonably believes a consumer or widely distributed media has lawfully made available to the general public; or (c) if the consumer has not restricted the information to a specific audience, obtains from a person to whom the consumer disclosed the information. (32) "Right" means a consumer right described in Section 13-61-201. (33) (a) "Sale," "sell," or "sold" means the exchange of personal data for monetary consideration by a controller to a third party. (b) "Sale," "sell," or "sold" does not include: (i) a controller's disclosure of personal data to a processor who processes the personal data on behalf of the controller; (ii) a controller's disclosure of personal data to an affiliate of the controller; (iii) considering the context in which the consumer provided the personal data to the controller, a controller's disclosure of personal data to a third party if the purpose is consistent with a consumer's reasonable expectations; (iv) the disclosure or transfer of personal data when a consumer directs a controller to: (A) disclose the personal data; or (B) interact with one or more third parties; (v) a consumer's disclosure of personal data to a third party for the purpose of providing a product or service requested by the consumer or a parent or legal guardian of a child; (vi) the disclosure of information that the consumer: (A) intentionally makes available to the general public via a channel of mass media; and (B) does not restrict to a specific audience; or (vii) a controller's transfer of personal data to a third party as an asset that is part of a proposed or actual merger, an acquisition, or a bankruptcy in which the third party assumes control of all or part of the controller's assets. (34) (a) "Sensitive data" means: (i) personal data that reveals: (A) an individual's racial or ethnic origin; (B) an individual's religious beliefs; (C) an individual's sexual orientation; (D) an individual's citizenship or immigration status; or (E) information regarding an individual's medical history, mental or physical health condition, or medical treatment or diagnosis by a health care professional; (ii) the processing of genetic personal data or biometric data, if the processing is for the purpose of identifying a specific individual; or (iii) specific geolocation data. (b) "Sensitive data" does not include personal data that reveals an individual's: (i) racial or ethnic origin, if the personal data are processed by a video communication service; or (ii) if the personal data are processed by a person licensed to provide health care under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, or Title 58, Occupations and Professions, information regarding an individual's medical history, mental or physical health condition, or medical treatment or diagnosis by a health care professional. (35) (a) "Specific geolocation data" means information derived from technology, including global position system level latitude and longitude coordinates, that directly identifies an individual's specific location, accurate within a radius of 1,750 feet or less. (b) "Specific geolocation data" does not include: (i) the content of a communication; or (ii) any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility. (36) "Synthetic data" means data that has been generated by computer algorithms or statistical models and does not contain personal data. (37) (a) "Targeted advertising" means displaying an advertisement to a consumer where the advertisement is selected based on personal data obtained from the consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests. (b) "Targeted advertising" does not include advertising: (i) based on a consumer's activities within a controller's website or online application or any affiliated website or online application; (ii) based on the context of a consumer's current search query or visit to a website or online application; (iii) directed to a consumer in response to the consumer's request for information, product, a service, or feedback; or (iv) processing personal data solely to measure or report advertising: (A) performance; (B) reach; or (C) frequency. (38) "Third party" means a person other than: (a) the consumer, controller, or processor; or (b) an affiliate or contractor of the controller or the processor. (39) "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 the information's disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain the information's secrecy. (40) "Vehicle data collection system" means a technology system or device installed in or on a motor vehicle that collects, transmits, or stores a consumer or occupant's personal data.
Utah Code § 13-34-105 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-105
§ 13-34-105. Penalties and remedies.
Status: in_force

(1) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, and elsewhere in this chapter, the division director may, for a violation of this chapter: (a) issue a cease and desist order; and (b) impose an administrative fine of up to: (i) $250 per day that a postsecondary school operates without an effective registration certificate; (ii) $1,000 for each violation of Section 13-34-203; (iii) $2,500 for each violation of this chapter that is not: (A) described in Subsections (1)(b)(i) or (ii); or (B) an intentional violation; or (iv) $5,000 for each intentional violation of this chapter. (2) A person intentionally violates this chapter if: (a) (i) the violation occurs after one of the following notifies the person that the person has violated or is violating this chapter: (A) the division; (B) the attorney general; or (C) a district attorney or county attorney; and (ii) the violation is the same as the violation of which the person was notified under Subsection (2)(a)(i); or (b) a person violates a cease and desist order the division issues under Subsection (1)(a). (3) An intentional violation of this chapter is a class B misdemeanor. (4) The division shall deposit all money the division receives as payment for administrative fines imposed under Subsection (1)(b) into the Consumer Protection Education and Training Fund created in Section 13-2-109.
Utah Code § 13-75-101 — Utah Code / Title 13 / Chapter 13-75 / § 13-75-101
§ 13-75-101. Definitions.
Status: in_force

(1) (a) "Franchise agreement" means a written agreement that: (i) grants a franchisee the right to engage in a business of offering, selling, or distributing goods or services; (ii) grants the franchisee license to use a trademark, service mark, trade name, advertising, or other commercial symbol that the franchisor owns or leases; and (iii) requires the franchisee to pay a franchise fee. (b) "Franchise agreement" includes all written documents incorporated in the written agreement by reference. (c) "Franchise agreement" does not include a sales and service agreement regulated by: (i) Chapter 14, New Automobile Franchise Act; or (ii) Title 29, Hotels and Hotel Keepers. (2) (a) "Franchisee" means a person to which a franchisor grants a franchise. (b) "Franchisee" does not include: (i) a person that is regulated by Chapter 14, New Automobile Franchise Act; or (ii) a person that is regulated by Title 29, Hotels and Hotel Keepers. (3) (a) "Franchisor" means a person that grants a franchise to another person. (b) "Franchisor" does not include: (i) a person that is regulated by Chapter 14, New Automobile Franchise Act; (ii) a person that is regulated by Title 29, Hotels and Hotel Keepers; or (iii) a person that is granting franchises for the right to operate businesses regulated by Title 29, Hotels and Hotel Keepers. (4) "Original franchise agreement" means the initial franchise agreement that the franchisee and franchisor sign. (5) "Religious day operation requirement" means any requirement that has the effect of requiring a franchisee to operate a franchise on a day when operating would conflict with the franchisee's sincerely held religious belief. (6) "Violation" means a franchisor's failure to comply with this chapter resulting in a court with jurisdiction imposing a civil penalty under Section 13-75-201 against the franchisor.
Utah Code § 13-14-307.5 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-307.5
§ 13-14-307.5. Termination, cancellation, or nonrenewal of a recreational vehicle franchise agreement.
Status: in_force

(1) This section applies only to a recreational vehicle franchisee's termination, cancellation, or nonrenewal of: (a) a recreational vehicle franchise; or (b) a recreational vehicle line-make. (2) (a) A recreational vehicle franchisee may, at any time and with or without good cause, terminate, cancel, or not renew its recreational vehicle franchise agreement or a recreational vehicle line-make by giving 30 days' prior written notice to the recreational vehicle franchisor. (b) A franchisee has the burden of showing that a termination, cancellation, or nonrenewal is for good cause. (c) Good cause for a franchisee's termination, cancellation, or nonrenewal is considered to exist if: (i) the franchisor is convicted of or enters a plea of nolo contendere to a felony; (ii) the business operations of the franchisor are: (A) abandoned; or (B) closed for 10 consecutive business days, unless the closing is due to an act of God, a strike, a labor difficulty, or another cause over which the franchisor has no control; (iii) the franchisor makes a misrepresentation that materially and adversely affects the business relationship with the recreational vehicle franchisee; (iv) a material violation of this chapter is not cured within 30 days after the franchisee gives 30 days' written notice of the violation to the recreational vehicle franchisor; or (v) the recreational vehicle franchisor: (A) becomes insolvent; (B) declares bankruptcy; or (C) makes an assignment for the benefit of creditors. (3) If the franchisee terminates, cancels, or does not renew the recreational vehicle franchise agreement or line-make for cause, the franchisor shall, at the franchisee's election and within 45 days after termination, cancellation, or nonrenewal, repurchase: (a) (i) all new, unaltered recreational vehicles, including demonstrators, that the franchisee acquired from the franchisor within 18 months before the date of the termination, cancellation, or nonrenewal; and (ii) for a repurchase price equal to 100% of the original net invoice cost, including transportation, reduced by: (A) any applicable rebates and discounts to the franchisee; and (B) the cost to repair any damage to a repurchased recreational vehicle, if the vehicle is damaged after delivery to the franchisee but before repurchase occurs; (b) (i) all undamaged accessories and proprietary parts sold by the recreational vehicle franchisor to the franchisee within one year before termination, cancellation, or nonrenewal, if accompanied by the original invoice; and (ii) for a repurchase price equal to 100% of the original net invoice cost, plus an additional 5% of the original net invoice cost to compensate the franchisee for packing and shipping the returned accessories and parts to the franchisor; and (c) (i) any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery that: (A) the franchisee purchased: (I) from the franchisor within five years before termination, cancellation, or nonrenewal; and (II) at the franchisor's request or because of the franchisor's requirement; and (B) are no longer usable in the normal course of the franchisee's ongoing business, as the franchisee reasonably determines; and (ii) for a repurchase price equal to 100% of the original net cost that the franchisee paid, plus any applicable shipping charges and sales taxes. (4) A recreational vehicle franchisor shall pay the franchisee all money due under Subsection (3) within 30 days after the franchisor's receipt of the repurchased items.
Utah Code § 13-61-403 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-403
§ 13-61-403. Consumer Privacy Restricted Account.
Status: in_force

(1) There is created a restricted account known as the "Consumer Privacy Account." (2) The account shall be funded by money received through civil enforcement actions under this chapter. (3) Upon appropriation, the division or the attorney general may use money deposited into the account for: (a) investigation and administrative costs incurred by the division in investigating consumer complaints alleging violations of this chapter; (b) recovery of costs and attorney fees accrued by the attorney general in enforcing this chapter; and (c) providing consumer and business education regarding: (i) consumer rights under this chapter; and (ii) compliance with the provisions of this chapter for controllers and processors. (4) If the balance in the account exceeds $4,000,000 at the close of any fiscal year, the Division of Finance shall transfer the amount that exceeds $4,000,000 into the General Fund.
Utah Code § 13-67-106 — Utah Code / Title 13 / Chapter 13-67 / § 13-67-106
§ 13-67-106. Violation  --  Enforcement -- Limitations.
Status: in_force

(1) (a) The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (b) In addition to the division's enforcement powers under Subsection (1)(a), a municipal, county, or state prosecuting authority may enforce this chapter through a civil action if the prosecuting authority is screening or prosecuting a criminal matter based on sexual or intimate partner violence or a financial crime perpetrated against a Utah member by an individual the Utah member met on an online dating service. (2) (a) An online dating service provider that violates this chapter is, in addition to any other penalties established by law, liable for: (i) a civil penalty not to exceed $250 for each Utah member at the time of the violation; and (ii) filing fees and reasonable attorney fees. (b) A court shall enjoin an online dating service provider who violates this chapter from an additional violation of this chapter. (3) This chapter does not: (a) provide a basis for or create a private right of action; or (b) diminish or adversely affect protections for an online dating service provider under 47 U.S.C. Sec. 230.
Utah Code § 13-22-109 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-109
§ 13-22-109. Accuracy not guaranteed.
Status: in_force

(1) (a) By issuing a registration, the state does not guarantee the accuracy of any representation contained in the registration, nor does the state warrant that a statement made by the holder of the registration is truthful. (b) The state makes no certification as to the charitable worthiness of a charitable organization on whose behalf a charitable solicitation is made nor as to the moral character of the holder of the registration. (2) The following statement shall appear on each registration: "THE STATE OF UTAH MAKES NO CERTIFICATION AS TO THE CHARITABLE WORTHINESS OF ANY ORGANIZATION ON WHOSE BEHALF A SOLICITATION IS MADE NOR AS TO THE MORAL CHARACTER OF THE HOLDER OF THE REGISTRATION."
Utah Code § 13-78-102 — Utah Code / Title 13 / Chapter 13-78 / § 13-78-102
§ 13-78-102. Provider registration and registration renewal.
Status: in_force

(1) A person may not act as a provider without registering with the division. (2) To register as a provider, a person shall submit to the division a registration application: (a) in the manner the division determines; and (b) that includes: (i) a registration application fee in an amount the division determines in accordance with Section 63J-1-504; (ii) a copy of the agreement for earned wage access services the provider uses with a consumer; and (iii) any information that the division requires by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) Each year a provider shall renew the provider's registration by submitting to the division an application for registration renewal: (a) in a manner the division determines; and (b) that includes: (i) a registration renewal application fee in an amount the division determines in accordance with Section 63J-1-504; (ii) any information the division requires by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (iii) a designated registered agent for service of process in the state and the registered agent's: (A) name; (B) street address; (C) mailing address; and (D) telephone number. (4) (a) The division shall require a provider's principal to: (i) submit a fingerprint card in a form acceptable to the division; and (ii) consent to a criminal background check by: (A) the Bureau of Criminal Identification; or (B) another state or federal agency that performs criminal background checks. (b) The provider shall pay the cost of: (i) the fingerprint card described in Subsection (4)(a)(i); and (ii) the criminal background check described in Subsection (4)(a)(ii). (5) The division may grant or deny the registration application or the renewal application in accordance with Section 13-78-105. (6) A provider shall update registration information within 30 days after the day on which information the provider provides on the application becomes incorrect or incomplete. (7) Registration with the division does not constitute an approval or endorsement of the provider by the division or the state.
Utah Code § 13-42-112 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-112
§ 13-42-112. Registration in another state -- Rulemaking.
Status: in_force

(1) (a) Subject to rules made by the division, if a provider holds a license or certificate of registration in another state authorizing the provider to provide debt-management services, the provider may submit a copy of that license or certificate and the application for that license or certificate instead of an application in the form described in Subsection 13-42-105(1), Section 13-42-106, or Subsection 13-42-111(2). (b) The division shall accept the application and the license or certificate from the other state as an application for registration as a provider or for renewal of registration as a provider, as appropriate, in this state if: (i) the application in the other state contains information substantially similar to or more comprehensive than that required in an application submitted in this state; (ii) the applicant provides the information required by Subsections 13-42-105(2)(d) and 13-42-106(1), (3), (7), (10), (12), and (13); (iii) the applicant, under penalty of perjury, certifies that the information contained in the application is current or, to the extent it is not current, supplements the application to make the information current; and (iv) the applicant files a surety bond or substitute in accordance with Section 13-42-113 or 13-42-114 that is solely payable or available to this state and to individuals who reside in this state. (2) The division, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall make rules designating the states in which a provider may have a license or certificate that an applicant may submit to the division in compliance with this section.
Utah Code § 13-34-103 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-103
§ 13-34-103. Rulemaking authority.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules: (1) establishing the form and content of: (a) a registration statement; and (b) a surety bond, certificate of deposit, or other proof of financial viability required under Section 13-34-202; (2) specifying the information a postsecondary school is required to provide with a registration statement, which may vary based upon factors including: (a) the certificate the postsecondary school seeks; (b) whether the postsecondary school is an accredited postsecondary school; and (c) whether the postsecondary school is a longstanding nonprofit accredited postsecondary school; (3) establishing the amount of a surety bond or certificate of deposit required under Section 13-34-202, not to exceed an amount equal to the tuition and fees a postsecondary school anticipates receiving during a school year; (4) providing for the execution and cancellation of the surety bond or certificate of deposit a postsecondary school obtains in accordance with Section 13-34-202; (5) establishing the amount of money a school may charge a student in a 12 month period to qualify for an exemption in accordance with Subsection 13-34-111(3)(d)(i)(C); (6) specifying acts or practices that: (a) are prohibited in accordance with Section 13-34-108; and (b) a postsecondary school that intends to cease operating is required to carry out; (7) specifying student outcomes a postsecondary school is required to disclose under Section 13-34-109; (8) specifying the electronic format in which a postsecondary school is required to maintain an educational credential in accordance with Section 13-34-203; (9) establishing the type and number of credits required to obtain a degree or diploma from a postsecondary school that is not an accredited postsecondary school; and (10) establishing: (a) standards for granting to a postsecondary school a state authorization certificate in accordance with a reciprocity agreement; (b) any filing, document, or fee required for a postsecondary school to obtain a state authorization certificate in accordance with a reciprocity agreement; and (c) penalties for a postsecondary school that fails to comply with rules the division makes under this Subsection (10).
Utah Code § 13-72b-204 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-204
§ 13-72b-204. Heightened pleading standard for actions against generation services.
Status: in_force

1/1/2027 (1) In any action brought under Section 13-72b-202 against a generation service, the complaint shall plead with particularity facts establishing that the generation service does not qualify for safe harbor protection under Section 13-72b-203. (2) To meet the pleading requirements of Subsection (1), the plaintiff shall include specific factual allegations, including dates, communications, and other evidence, demonstrating that the generation service does not qualify for safe harbor protection under Section 13-72b-203, including facts showing one or more of the following: (a) that the generation service holds itself out as providing services for creating counterfeit intimate images; (b) that the generation service failed to implement a written policy that: (i) prohibits the generation and distribution of non-consensual counterfeit intimate images; (ii) includes reasonable safeguards designed to prevent the creation of counterfeit intimate images; and (iii) includes procedures for responding to reports of violations; (c) that the generation service distributed a counterfeit intimate image depicting the plaintiff without requesting or obtaining the plaintiff's consent; (d) that the generation service had actual knowledge that a counterfeit intimate image was created or distributed without consent and failed to take prompt action to prevent further distribution; or (e) that the generation service intentionally designed the service to facilitate the creation of non-consensual counterfeit intimate images. (3) General or conclusory allegations that a generation service violated this part are insufficient to state a claim. (4) If a complaint fails to meet the pleading requirements of this section, the court shall dismiss the action without prejudice. (5) A generation service may bring a motion to dismiss under this section before filing an answer or other responsive pleading. (6) If the court grants a motion to dismiss under this section and the plaintiff files an amended complaint that again fails to meet the pleading requirements of this section, the court shall: (a) dismiss the action with prejudice; and (b) award the generation service reasonable attorney fees and costs incurred in bringing the motion to dismiss the amended complaint.
Utah Code § 13-68-204 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-204
§ 13-68-204. Bonds -- Exemption -- Statements dependent on posting bond.
Status: in_force

(1) A lawyer referral consultant shall submit proof of obtaining and maintaining the following in a form the division approves and in the amount of $50,000: (a) a surety bond that a surety authorized to transact business in this state issues; or (b) a certificate of deposit in a financial institution authorized under the laws of this state or the United States to accept deposits from the public. (2) The division may claim a lawyer referral consultant's surety bond or certificate of deposit for the benefit of a consumer who incurs actual damages as a result of the lawyer referral consultant's failure to comply with this chapter. (3) After a consumer recovers actual damages, the division may recover from the surety bond or certificate of deposit any administrative fine, civil penalty, investigative cost, attorney fees, and other costs of collecting and distributing funds under this section. (4) (a) If a surety bond or certificate of deposit that a lawyer referral consultant posts under this section is canceled due to the lawyer referral consultant's negligence, the division may assess a $300 reinstatement fee. (b) No part of a surety bond or certificate of deposit a lawyer referral consultant posts under this section may be withdrawn: (i) during the one-year period the registration under this chapter is in effect; or (ii) while a revocation proceeding is pending against the lawyer referral consultant. (5) (a) A surety bond or certificate of deposit that a lawyer referral consultant posts under this section may be forfeited if the division revokes the lawyer referral consultant's registration under this chapter. (b) Notwithstanding Subsection (5)(a), the division may make a claim against a surety bond or certificate of deposit that a lawyer referral consultant posts for money the lawyer referral consultant owes to the division under this chapter without the division first revoking the lawyer referral consultant's registration. (6) An individual may not disseminate by any means a statement indicating that the individual is a lawyer referral consultant, or proposes to engage in the business of a lawyer referral consultant, unless the individual complies with Subsection (1). (7) A lawyer referral consultant may not make or authorize the making of an oral or written reference to the lawyer referral consultant's compliance with Subsection (1).
Utah Code § 13-45-203 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-203
§ 13-45-203. Exceptions.
Status: in_force

(1) Notwithstanding Section 13-45-201, a consumer reporting agency may furnish a consumer's credit report to a third party if: (a) (i) the purpose of the credit report is to: (A) use the credit report for purposes permitted under 15 U.S.C. Sec. 1681b(c); or (B) review the consumer's account with the third party, including for account maintenance or monitoring, credit line increases, or other upgrades or enhancements; or (C) collect on a financial obligation owed by the consumer to the third party requesting the credit report; or (ii) (A) the purpose of the credit report is to: (I) review the consumer's account with another person; or (II) collect on a financial obligation owed by the consumer to another person; and (B) use the credit report for purposes permitted under 15 U.S.C. Sec. 1681b(c); or (b) the third party requesting the credit report is a subsidiary, affiliate, agent, assignee, or prospective assignee of the person holding the consumer's account or to whom the consumer owes a financial obligation. (2) (a) The consumer's request for a security freeze does not prohibit the consumer reporting agency from disclosing the consumer's credit report for other than credit related purposes consistent with the definition of credit report found in Section 13-45-102. (b) The following list identifies the types of credit report disclosures by consumer reporting agencies to third parties that are not prohibited by a security freeze: (i) the third party does not use the credit report for the purpose of serving as a factor in establishing a consumer's eligibility for credit; (ii) the third party is acting under a court order, warrant, or subpoena requiring release of the credit report; (iii) the third party is a child support agency, or its agent or assignee, acting under Part D, Title IV of the Social Security Act or a similar state law; (iv) the federal Department of Health and Human Services or a similar state agency, or its agent or assignee, investigating Medicare or Medicaid fraud; (v) (A) the purpose of the credit report is to investigate or collect delinquent taxes, assessments, or unpaid court orders; and (B) the third party is: (I) the federal Internal Revenue Service; (II) a state taxing authority; (III) the Department of Motor Vehicles; (IV) a county, municipality, or other entity with taxing authority; (V) a federal, state, or local law enforcement agency; or (VI) the agent or assignee of any entity listed in Subsections (1)(b) and (2)(b)(v)(B); (vi) the third party is administering a credit file monitoring subscription to which the consumer has subscribed; or (vii) the third party requests the credit report for the sole purpose of providing the consumer with a copy of the consumer's credit report or credit score upon the consumer's request. (3) Section 13-45-201 does not apply to: (a) a consumer reporting agency, the sole purpose of which is to resell credit information by assembling and merging information contained in the database of another consumer reporting agency and that does not maintain a permanent database of credit information from which a consumer's credit report is produced; (b) a check services or fraud prevention services company that issues: (i) reports on incidents of fraud; or (ii) authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment; or (c) a deposit account information service company that issues reports concerning account closures based on fraud, substantial overdrafts, automated teller machine abuse, or similar information concerning a consumer to a requesting financial institution for the purpose of evaluating a consumer's request to create a deposit account. (4) Nothing in this chapter prohibits a person from obtaining, aggregating, or using information lawfully obtained from public records in a manner that does not otherwise violate this chapter.
Utah Code § 13-83-102 — Utah Code / Title 13 / Chapter 13-83 / § 13-83-102
§ 13-83-102. Transaction limits.
Status: in_force

(1) A virtual currency kiosk operator may not accept virtual currency kiosk transactions from a single customer that exceed a cumulative total of: (a) during the three calendar days following the day on which the customer completes the customer's first virtual currency kiosk transaction with the virtual currency kiosk operator, $2,000 of cash or the equivalent in virtual currency per calendar day; or (b) after the three-day period described in Subsection (1)(a), $5,000 of cash or the equivalent in virtual currency per calendar day. (2) Subsection (1) applies to virtual currency kiosk transactions in this state via one or more virtual currency kiosks operated by the same virtual currency kiosk operator.
Utah Code § 13-8-4 — Utah Code / Title 13 / Chapter 13-8 / § 13-8-4
§ 13-8-4. Obligation to pay under construction contracts -- Rights of parties under contingent payment provisions.
Status: in_force

(1) For purposes of this section: (a) "Construction contract" means a contract or agreement to provide services, labor, or materials for the design, construction, installation, or repair of an improvement to real property located in Utah. (b) "Contingent payment contract" means a construction contract between a contractor and a subcontractor that makes a payment from the contractor to the subcontractor contingent on the contractor receiving a corresponding payment from any other public or private party, including a private owner. (c) "Contractor" means a person who is or may be awarded a contract for the construction, alteration, or repair of any building, structure, or improvement to real property. (d) "Subcontractor" means any person engaged by a contractor to provide services, labor, or materials for the design, construction, installation, or repair of an improvement to real property and includes a trade contractor or specialty contractor. (2) A party to a construction contract shall make all scheduled payments under the terms of the construction contract. (3) (a) The existence of a contingent payment contract is not a defense to a claim to enforce a preconstruction or construction lien under Title 38, Chapter 1a, Preconstruction and Construction Liens. (b) Subsection (3) does not apply to contracts for private construction work for the building, improvement, repair, or remodeling of residential property consisting of four units or less. (4) If a construction contract is a contingent payment contract: (a) the subcontractor may request from the contractor the financial information that the contractor has received from the public or private party regarding: (i) the project financing; and (ii) the public or private party; and (b) if information is requested by the subcontractor under Subsection (4)(a), the contractor shall provide the information prior to the subcontractor signing the construction contract between the contractor and the subcontractor. (5) This section applies to a contract executed on or after May 5, 1997.
Utah Code § 13-11-5 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-5
§ 13-11-5. Unconscionable act or practice by supplier.
Status: in_force

(1) A supplier that commits an unconscionable act or practice in connection with a consumer transaction violates this chapter whether the unconscionable act or practice occurs before, during, or after the transaction. (2) (a) The unconscionability of an act or practice is a question of law for a court with jurisdiction. (b) If it is claimed or appears to the court that an act or practice may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to the act or practice's setting, purpose, and effect to aid the court in making the court's determination. (3) In determining whether an act or practice is unconscionable, the court shall consider the circumstances that the supplier knew or had reason to know.
Utah Code § 13-81-202 — Utah Code / Title 13 / Chapter 13-81 / § 13-81-202
§ 13-81-202. Data interoperability requirements.
Status: in_force

7/1/2027 (1) A social media company shall implement a transparent, third-party-accessible interoperability interface or interfaces to allow users to choose to: (a) share a common set of the user's personal data or a user-selected part of the user's personal data between the social media services designated by the user; and (b) enable third parties to access personal data created by the user and to be notified when new or updated personal data is available, with the user's permission. (2) A social media company shall reasonably secure all personal data obtained through an interoperability interface. (3) To achieve interoperability under Subsection (1), a social media company shall: (a) utilize an open protocol; (b) facilitate and maintain interoperability and continuous, real-time data sharing with other social media services through an interoperability interface, based on reasonable terms that do not discriminate between social media services; (c) establish reasonable and proportionate thresholds related to the frequency, nature, and volume of requests, beyond which the social media company may assess a reasonable fee for such access; and (d) disclose to other social media companies complete, accurate, and regularly updated documentation describing access to the interoperability interface required under this section. (4) A social media company shall publicly disclose the open protocol that the social media company intends to use for purposes of Subsection (3)(a). (5) A social media company or third party shall safeguard the privacy and security of a user's personal data obtained from other social media services through the interoperability interface in accordance with the social media company's or third party's privacy notice and administrative, technical, and physical data security practices. (6) A social media company or third party may not share or receive a user's personal data through the interoperability interface except with the user's consent, including when a user's personal data is intended to be shared in response to another user's request to share a social graph. (7) (a) A social media company shall adopt an accessible, prominent, and persistent method for users to give consent for data sharing with other social media services or third parties through the interoperability interface. (b) The method described in Subsection (7)(a) shall allow users to provide consent: (i) when the user initiates a transfer of the user's own personal data; and (ii) before the user's personal data is shared as part of another user's social graph. (c) A social media company shall implement the user's consent decisions within five business days. (8) A social media company is not required to: (a) provide access to: (i) inferences, analyses, or derived data that the social media company has generated internally about a user; or (ii) proprietary algorithms, ranking systems, or other internal operating mechanisms; or (b) transmit personal data that: (i) is stored or structured in a proprietary format; and (ii) meets both of the following criteria: (A) no open, industry-standard format is reasonably available; and (B) transmitting the data would disclose information described in Subsection (8)(a). (9) This chapter does not apply to an entity that is: (a) owned, controlled, operated, or maintained by a religious organization; and (b) exempt from property taxation under state law.7/1/2027 (1) A social media company shall implement a transparent, third-party-accessible interoperability interface or interfaces to allow users to choose to: (a) share a common set of the user's personal data or a user-selected part of the user's personal data between the social media services designated by the user; and (b) enable third parties to access personal data created by the user and to be notified when new or updated personal data is available, with the user's permission. (2) A social media company shall reasonably secure all personal data obtained through an interoperability interface. (3) To achieve interoperability under Subsection (1), a social media company shall: (a) utilize an open protocol; (b) facilitate and maintain interoperability and continuous, real-time data sharing with other social media services through an interoperability interface, based on reasonable terms that do not discriminate between social media services; (c) establish reasonable and proportionate thresholds related to the frequency, nature, and volume of requests, beyond which the social media company may assess a reasonable fee for such access; and (d) disclose to other social media companies complete, accurate, and regularly updated documentation describing access to the interoperability interface required under this section. (4) A social media company shall publicly disclose the open protocol that the social media company intends to use for purposes of Subsection (3)(a). (5) A social media company or third party shall safeguard the privacy and security of a user's personal data obtained from other social media services through the interoperability interface in accordance with the social media company's or third party's privacy notice and administrative, technical, and physical data security practices. (6) A social media company or third party may not share or receive a user's personal data through the interoperability interface except with the user's consent, including when a user's personal data is intended to be shared in response to another user's request to share a social graph. (7) (a) A social media company shall adopt an accessible, prominent, and persistent method for users to give consent for data sharing with other social media services or third parties through the interoperability interface. (b) The method described in Subsection (7)(a) shall allow users to provide consent: (i) when the user initiates a transfer of the user's own personal data; and (ii) before the user's personal data is shared as part of another user's social graph. (c) A social media company shall implement the user's consent decisions within five business days. (8) A social media company is not required to: (a) provide access to: (i) inferences, analyses, or derived data that the social media company has generated internally about a user; or (ii) proprietary algorithms, ranking systems, or other internal operating mechanisms; or (b) transmit personal data that: (i) is stored or structured in a proprietary format; and (ii) meets both of the following criteria: (A) no open, industry-standard format is reasonably available; and (B) transmitting the data would disclose information described in Subsection (8)(a). (9) This chapter does not apply to an entity that is: (a) owned, controlled, operated, or maintained by a religious organization; and (b) exempt from property taxation under state law.
Utah Code § 13-32a-106 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-106
§ 13-32a-106. Transaction information provided to the central database -- Protected information.
Status: in_force

(1) (a) Except as provided in Subsection 13-32a-104.6(4), a pawn or secondhand business or catalytic converter purchaser shall transmit electronically in a compatible format information required to be recorded under Sections 13-32a-104, 13-32a-104.5, 13-32a-104.6, and 13-32a-104.7 that is capable of being transmitted electronically to the central database within 24 hours after entering into the transaction. (b) The division may specify by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the information capable of being transmitted electronically under Subsection (1)(a). (2) (a) A pawn or secondhand business shall maintain tickets generated by the pawn or secondhand business and shall maintain the tickets in a manner so that the tickets are available to local law enforcement agencies as required by this chapter and as requested by any law enforcement agency as part of an investigation or reasonable random inspection conducted under this chapter. (b) (i) A catalytic converter purchaser is not required to generate or maintain a ticket for a catalytic converter purchase. (ii) A catalytic converter purchaser shall make the information documented under Section 13-32a-104.7 available to a local law enforcement agency in accordance with this chapter and upon request by a law enforcement agency as part of an investigation or reasonable random inspection conducted under this chapter. (3) (a) If a pawn or secondhand business or catalytic converter purchaser experiences a computer or electronic malfunction that affects the business's or purchaser's ability to report transactions as required in Subsection (1), the pawn or secondhand business or catalytic converter purchaser shall immediately notify the division and the local law enforcement agency of the malfunction. (b) The pawn or secondhand business or catalytic converter purchaser shall solve the malfunction within three business days after the day on which the business or purchaser experiences the malfunction or notify the division and the local law enforcement agency under Subsection (4). (4) If the computer or electronic malfunction under Subsection (3) cannot be solved within three business days after the day on which the pawn or secondhand business or catalytic converter purchaser experiences the malfunction, the pawn or secondhand business or catalytic converter purchaser shall notify the division and the local law enforcement agency of the reasons for the delay and provide documentation from a reputable computer maintenance company of the reasons why the computer or electronic malfunction cannot be solved within three business days. (5) A computer or electronic malfunction does not suspend the obligation of the pawn or secondhand business or catalytic converter purchaser to comply with all other provisions of this chapter. (6) During the malfunction under Subsections (3) and (4), the pawn or secondhand business or catalytic converter purchaser shall: (a) arrange with the local law enforcement agency a mutually acceptable alternative method by which the pawn or secondhand business or catalytic converter purchaser provides the required information to the local law enforcement agency; and (b) a pawn or secondhand business or catalytic converter purchaser shall maintain the tickets, if applicable, and other related information required under this chapter in a written form. (7) A pawn or secondhand business or catalytic converter purchaser that violates the electronic transaction reporting requirement under this section is subject to an administrative fine of $50 per day if: (a) the pawn or secondhand business or catalytic converter purchaser is unable to submit the information electronically due to a computer or electronic malfunction; (b) the three business day period under Subsection (3) has expired; and (c) the pawn or secondhand business or catalytic converter purchaser has not provided documentation regarding the pawn or secondhand business's or catalytic converter purchaser's inability to solve the malfunction as required under Subsection (4). (8) A pawn or secondhand business or catalytic converter purchaser is not responsible for a delay in transmission of information that results from a malfunction in the central database. (9) A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110.
Utah Code § 13-68-404 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-404
§ 13-68-404. Recovery of losses.
Status: in_force

In addition to any other remedies, a person that suffers pecuniary loss because of a violation by another person of this chapter may bring an action in any court with jurisdiction and may recover: (1) the greater of: (a) $500; or (b) twice the amount of the pecuniary loss; and (2) court costs and reasonable attorney fees as the court determines.
Utah Code § 13-15-202 — Utah Code / Title 13 / Chapter 13-15 / § 13-15-202
§ 13-15-202. Disclosure statements.
Status: in_force

(1) An applicant for a proof of disclosure receipt under Subsection 13-15-201(1) shall include the following in a disclosure statement: (a) the name, address, and principal place of business of: (i) the applicant; and (ii) each parent, affiliate, or holding company of the applicant that is responsible for a statement that the applicant makes; (b) an individual statement from each of the following, detailing the person's business experience for the five-year period immediately before the day on which the applicant files the disclosure statement: (i) the applicant; (ii) each parent company of the applicant; (iii) each current director of the applicant; and (iv) each current executive officer of the applicant; (c) for each type of business opportunity the applicant offers to enter into or enters into as a seller: (i) an individual statement from each person described in Subsections (1)(b)(i) and (ii) detailing the length of time, during the five-year period immediately before the day on which the applicant files the disclosure statement, the person has: (A) operated a business of the type the purchaser would operate under the business opportunity; and (B) offered to sell or lease that type of business opportunity; (ii) each trademark, trade name, service mark, advertisement, or other commercial symbol that identifies a product, equipment, a supply, or a service that the applicant sells or leases under the business opportunity; (iii) a complete statement of: (A) the total amount that a purchaser pays to obtain or commence the operation of the business under the business opportunity; (B) if all or part of a fee or deposit described in Subsection (1)(c)(iii)(A) is refundable, the conditions under which the fee or deposit is refundable; (C) the product, equipment, supply, or service the applicant provides or performs for a purchaser under the business opportunity; and (D) each oral, written, visual, or other representation that the applicant makes to a prospective purchaser about specific levels of potential sales, income, or gross and net profits under the business opportunity; (iv) a complete description of: (A) the type and length of training the applicant promises to a prospective purchaser, if any; (B) each service the applicant promises to perform in connection with the placement of equipment, a product, or a supply at a location from which the equipment, product, or supply will be sold or used; and (C) each agreement the applicant makes with an owner or manager of a location where a purchaser's equipment, product, or supply is placed; and (v) a complete copy of each contract to which a purchaser under the business opportunity would be party; (d) the total number of business opportunities the applicant has entered into as a seller in each state; (e) the total number of business opportunities that the applicant has canceled within the 12 months before the day on which the applicant files the disclosure statement; (f) the total number of business opportunities, to which the applicant is a party, for which a purchaser has requested a refund or cancellation within the 12 months before the day on which the applicant files the disclosure statement; (g) a statement that discloses each person identified in Subsection (1)(a) who: (i) has been convicted of a felony or misdemeanor or pleaded no contest to a felony or misdemeanor charge, if the felony or misdemeanor involved fraud, embezzlement, fraudulent conversion, or misappropriation of property; (ii) has been held liable or consented to the entry of a stipulated judgment in an administrative or civil action based upon: (A) fraud, embezzlement, fraudulent conversion, misappropriation of property; (B) the use of untrue or misleading representations; or (C) the use of any unfair, unlawful, or deceptive business practice; or (iii) is subject to an injunction or restrictive order relating to business activity as the result of a government agency action; (h) a financial statement from the applicant that is: (i) less than 13 months old; and (ii) signed by an officer, director, trustee, or general or limited partner of the applicant, under a declaration that certifies that to the signatory's knowledge and belief the information in the financial statement is true and accurate; and (i) a cover sheet that: (i) is attached to the front or appears at the beginning of the disclosure statement; and (ii) conspicuously states in at least 12-point upper- and lower-case boldface type: (A) the name of the applicant; (B) the date on which the applicant files the disclosure; (C) the following notice:"INFORMATION FOR PURCHASE OF A BUSINESS OPPORTUNITY:To protect you, the State of Utah has required your seller to give you this disclosure statement. The State of Utah has not verified the accuracy of the information in the disclosure statement."; and (D) if the applicant makes a representation described in Subsection (1)(c)(iii)(D) or 13-15-102(1)(a)(ii)(D) the following notice:"CAUTIONThe number of purchasers who have earned through this business opportunity an amount in excess of the amount the purchaser pays for the business opportunity is at least _____ which represents at least _____% of the total number of purchasers of this business opportunity." (2) The disclosure statement described in Subsection (1) may not include material or information other than the material and information required under Subsection (1).
Utah Code § 13-60-203 — Utah Code / Title 13 / Chapter 13-60 / § 13-60-203
§ 13-60-203. Definitions.
Status: in_force

As used in this part: (1) "Blood relative" means an individual's biologically related: (a) parent; (b) grandparent; (c) child; (d) grandchild; (e) sibling; (f) uncle; (g) aunt; (h) nephew; (i) niece; or (j) first cousin. (2) "DNA" means: (a) deoxyribonucleic acid, ribonucleic acid, and chromosomes, which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis; or (b) proteins, enzymes, or other molecules associated with a genetic process, which may be modified, replaced in part or whole, superseded, or bypassed in function by a health or medical procedure. (3) "DNA sample" means any human biological specimen from which DNA can be extracted, or DNA extracted from such specimen. (4) "Employer" means the same as that term is defined in Section 34A-2-103. (5) (a) "Genetic analysis" or "genetic test" means the testing, detection, or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. (b) "Genetic analysis" or "genetic test" does not mean: (i) a routine physical examination; (ii) a routine chemical, blood, or urine analysis; (iii) a test to identify the presence of drugs or HIV infection; or (iv) a test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder. (6) "Genetic procedure" means any therapy, treatment, or medical procedure that is intended to: (a) add, remove, alter, activate, change, or cause mutation in an individual's inherited DNA; or (b) replace, supersede, or bypass a normal DNA function. (7) "Health care insurance" means the same as that term is defined in Section 31A-1-301. (8) (a) "Private genetic information" means any information about an identifiable individual that: (i) is derived from: (A) the presence, absence, alteration, or mutation of an inherited gene or genes; or (B) the presence or absence of a specific DNA marker or markers; and (ii) has been obtained: (A) from a genetic test or analysis of the individual's DNA; (B) from a genetic test or analysis of the DNA of a blood relative of the individual; or (C) from a genetic procedure. (b) "Private genetic information" does not include information that is derived from: (i) a routine physical examination; (ii) a routine chemical, blood, or urine analysis; (iii) a test to identify the presence of drugs or HIV infection; or (iv) a test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder.
Utah Code § 13-7a-103 — Utah Code / Title 13 / Chapter 13-7a / § 13-7a-103
§ 13-7a-103. Breastfeeding location and conduct.
Status: in_force

7/1/2026A woman may breastfeed or use a breast pump in any place of public accommodation, as defined in Section 13-7-2.
Utah Code § 13-10a-4 — Utah Code / Title 13 / Chapter 13-10a / § 13-10a-4
§ 13-10a-4. Notification of rights.
Status: in_force

No performing rights society or organization may enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than 72 hours prior to the execution of the contract, it provides to the proprietor, in writing, a schedule of the rates and terms of royalties under the contract, including: (1) any sliding scale, discounts, or reductions in fees on any basis for which the proprietor may be eligible; and (2) any scheduled increases or decreases in fees during the term of the contract.
Utah Code § 13-11-2 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-2
§ 13-11-2. Construction and purposes of act.
Status: in_force

This act shall be construed liberally to promote the following policies: (1) to simplify, clarify, and modernize the law governing consumer sales practices; (2) to protect consumers from suppliers who commit deceptive and unconscionable sales practices, including by disgorging money or any thing of value obtained in violation of this chapter; (3) to encourage the development of fair consumer sales practices; (4) to make state regulation of consumer sales practices consistent with the policies of the Federal Trade Commission Act relating to consumer protection; (5) to make uniform the law, including the administrative rules, with respect to the subject of this chapter among those states that enact similar laws; and (6) to recognize and protect suppliers that in good faith comply with the provisions of this chapter.
Utah Code § 13-22-116 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-116
§ 13-22-116. Fundraising campaign recordkeeping requirements.
Status: in_force

(1) As used in this section, "fundraising campaign" means a charitable solicitation activity that a professional fundraiser engages in on behalf of a charitable organization where the professional fundraiser receives a portion of the funds raised or other compensation in exchange for services. (2) A professional fundraiser shall keep records of the following information: (a) actual expenses and revenue for the fundraising campaign; (b) bank account information for the bank account where the professional fundraiser holds contributions collected in connection with the fundraising campaign; (c) the charitable solicitation scripts that will be used for the fundraising campaign; (d) an affirmation from the professional fundraiser that the charity approves the charitable solicitation materials to be used in the fund raising campaign; (e) the name and contact information for each individual overseeing the fund raising campaign; (f) contributions the professional fundraiser collects during the fundraising campaign; (g) contributions paid to the charitable organization as a result of the fundraising campaign; and (h) expenses the charitable organization pays to the professional fundraiser for the fundraising campaign. (3) A professional fundraiser shall keep the records described in Subsection (2) for five years after the day on which the fundraising campaign ends.
Utah Code § 13-72-402 — Utah Code / Title 13 / Chapter 13-72 / § 13-72-402
§ 13-72-402. Regulatory mitigation and joint interpretation agreement eligibility requirements -- Application evaluation and admission.
Status: in_force

(1) To be eligible for a regulatory mitigation agreement or a joint interpretation agreement, a participant shall demonstrate to the office that: (a) the participant has the technical expertise and capability to responsibly develop, implement, and use or supervise the use of the proposed artificial intelligence technology; (b) the participant has sufficient financial resources to meet obligations during testing; (c) the artificial intelligence technology provides potential substantial consumer benefits that may outweigh identified risks from mitigated enforcement of regulations; (d) the participant has an effective plan to monitor and minimize identified risks from testing; and (e) the scale, scope, and duration of proposed testing is appropriately limited based on risk assessments. (2) To evaluate whether a participant meets eligibility criteria to obtain a regulatory mitigation agreement or a joint interpretation agreement, the office may consult with relevant agencies, governmental entities, and outside experts regarding the application.
Utah Code § 13-21-109 — Utah Code / Title 13 / Chapter 13-21 / § 13-21-109
§ 13-21-109. Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution.
Status: in_force

(1) A waiver by a buyer of a part of this chapter is void. (2) In a proceeding under this chapter, the person claiming the exemption or exception has the burden of proving an exemption or an exception from a definition. (3) (a) A person who violates this chapter is guilty of a class A misdemeanor. (b) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, may restrain and enjoin a violation of this chapter. (4) The attorney general, a county attorney, a district attorney, or a city attorney may prosecute misdemeanor actions or institute injunctive or civil proceedings, or both, under this chapter. (5) 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. (6) In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection, the division may: (a) impose an administrative fine of up to $2,500 for each violation of this chapter; and (b) bring an action in a court with jurisdiction to enforce a provision of this chapter. (7) In an action described in Subsection (6)(b), a court may: (a) declare that an act or a 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 each violation of this chapter; and (f) award any other relief the court deems reasonable and necessary.
Utah Code § 13-35-101 — Utah Code / Title 13 / Chapter 13-35 / § 13-35-101
§ 13-35-101. Title.
Status: in_force

This chapter is known as the "Powersport Vehicle Franchise Act."
Utah Code § 13-34-201 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-201
§ 13-34-201. Registration statement -- Registration certificate -- Renewal.
Status: in_force

(1) Unless exempt under Section 13-34-111, a person shall file a registration statement and obtain a registration certificate before operating a postsecondary school in this state. (2) Before the division issues a registration certificate for a postsecondary school, the postsecondary school shall file with the division a registration statement that complies with: (a) the requirements of this chapter; and (b) rules made by the division in accordance with this chapter and Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) A registration statement shall: (a) be submitted on a form approved by the division; (b) designate the certificate that the postsecondary school seeks; (c) state whether the postsecondary school is: (i) not accredited by an accrediting agency; (ii) an accredited postsecondary school; or (iii) a longstanding nonprofit accredited postsecondary school; (d) designate a person who is authorized to respond to an inquiry from the division; and (e) include all information required by rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (4) A registration statement shall be: (a) signed by the postsecondary school's owner or responsible officer; and (b) verified by an unsworn declaration in accordance with Title 78B, Chapter 18a, Uniform Unsworn Declarations Act. (5) A postsecondary school that submits a registration statement shall pay a non-refundable fee the division establishes in accordance with Sections 13-34-102 and 63J-1-504. (6) (a) The division may require a postsecondary school's principal to: (i) submit a fingerprint card in a form acceptable to the division; and (ii) consent to a criminal background check by: (A) the Utah Bureau of Criminal Identification; or (B) another state or federal agency that performs criminal background checks. (b) The postsecondary school or the postsecondary school's principal who is the subject of the background check shall pay the cost of: (i) the fingerprint card described in Subsection (6)(a)(i); and (ii) the criminal background check described in Subsection (6)(a)(ii). (7) (a) A person shall submit a separate registration statement for each postsecondary school the person operates. (b) Notwithstanding Subsection (7)(a), a longstanding nonprofit accredited postsecondary school that obtains and holds an active registration certificate is not required to submit a separate registration statement for a postsecondary school that: (i) is wholly owned and operated by the longstanding nonprofit accredited postsecondary school; (ii) is disclosed on the longstanding nonprofit accredited postsecondary school's registration statement; and (iii) operates as a nonprofit organization. (8) A registration certificate expires: (a) one year after it is issued to a postsecondary school that is not an accredited postsecondary school; or (b) two years after it is issued to an accredited postsecondary school. (9) A registration statement, and any certificate issued in accordance with this chapter, are not transferable. (10) Notwithstanding Subsection (8), the division may extend the period for which a registration certificate is effective so that expiration dates are staggered throughout the year. (11) To renew a registration certificate under this section, a postsecondary school shall submit a registration renewal application to the division at least 30 days before the day on which the postsecondary school's registration expires.
Utah Code § 13-40-402 — Utah Code / Title 13 / Chapter 13-40 / § 13-40-402
§ 13-40-402. Spyware protection violations.
Status: in_force

(1) The attorney general, an Internet service provider, or a software company that expends resources in good faith assisting authorized users harmed by a violation of Part 3, Spyware Protection, or a trademark owner whose mark is used to deceive authorized users in violation of Part 3, Spyware Protection, may bring a civil action against a person who violates Part 3, Spyware Protection, to recover: (a) actual damages and liquidated damages of at least $1,000 per violation of Part 3, Spyware Protection, not to exceed $1,000,000 for a pattern or practice of violations; and (b) attorney fees and costs. (2) The court may increase a damage award to an amount equal to not more than three times the amount otherwise recoverable under Subsection (1) if the court determines that the defendant committed the violation willfully and knowingly. (3) The court may reduce liquidated damages recoverable under Subsection (1) to a minimum of $100, not to exceed $100,000 for each violation, if the court finds that the defendant established and implemented practices and procedures reasonably designed to prevent a violation of Part 3, Spyware Protection. (4) In the case of a violation of Subsection 13-40-301(6)(a) that causes a telecommunications carrier or provider of voice over Internet protocol service to incur costs for the origination, transport, or termination of a call triggered using the modem or Internet-capable device of a customer of the telecommunications carrier or provider of voice over Internet protocol as a result of the violation, the telecommunications carrier or provider of voice over Internet protocol may bring a civil action against the violator: (a) to recover the charges the telecommunications carrier or provider of voice over Internet protocol is required to pay to another carrier or to an information service provider as a result of the violation, including charges for the origination, transport, or termination of the call; (b) to recover the costs of handling customer inquiries or complaints with respect to amounts billed for the calls; (c) to recover reasonable attorney fees and costs; and (d) for injunctive relief. (5) For purposes of a civil action under Subsections (1), (2), and (3), a single action or conduct that violates more than one provision of Part 3, Spyware Protection, shall be considered as multiple violations based on the number of provisions violated.
Utah Code § 13-34-302 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-302
§ 13-34-302. Registration statement for state authorization certificate -- Expiration -- Renewal.
Status: in_force

(1) A postsecondary school may submit a registration statement to obtain a state authorization certificate if the postsecondary school is accredited by an accrediting agency recognized by the United States Department of Education. (2) To obtain a state authorization certificate, a postsecondary school shall submit a registration statement on a form approved by the division that includes: (a) proof of current accreditation from the postsecondary school's accrediting agency; and (b) all information required by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) (a) Except as provided in Subsection (3)(b), a state authorization certificate expires two years after the division issues the state authorization certificate to an accredited postsecondary school. (b) Notwithstanding Subsection (3)(a), the division may extend the period for which a state authorization certificate is effective so that expiration dates are staggered throughout the year. (4) A state authorization certificate that the division issues to a longstanding nonprofit accredited postsecondary school: (a) expires two years after the division issues the state authorization certificate; (b) establishes the postsecondary school by name as an educational institution in accordance with 34 C.F.R. Sec. 600.9(a)(1)(i); (c) makes the postsecondary school independent of the state system of higher education; and (d) authorizes the postsecondary school to operate educational programs in the state that are beyond secondary education, including programs that lead to a degree or certificate. (5) A state authorization certificate that the division issues to a public postsecondary school does not expire. (6) A postsecondary school may satisfy Subsection (2)(a) by demonstrating to the division that the postsecondary school is: (a) within a grace period provided by the United States Department of Education for obtaining new accreditation; or (b) otherwise considered by the United States Department of Education to have recognized accreditation. (7) To renew a state authorization certificate under this section, a postsecondary school shall submit a registration statement to the division at least 30 days before the day on which the postsecondary school's state authorization expires.
Utah Code § 13-14-203 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-203
§ 13-14-203. Succession to franchise.
Status: in_force

(1) (a) A successor, including a family member of a deceased or incapacitated franchisee, who is designated by the franchisee may succeed the franchisee in the ownership and operation of the dealership under the existing franchise agreement if: (i) the designated successor gives the franchisor written notice of an intent to succeed to the rights of the deceased or incapacitated franchisee in the franchise agreement within 180 days after the franchisee's death or incapacity; (ii) the designated successor agrees to be bound by all of the terms and conditions of the franchise agreement; and (iii) the designated successor meets the criteria generally applied by the franchisor in qualifying franchisees. (b) A franchisor may refuse to honor the existing franchise agreement with the designated successor only for good cause. (2) The franchisor may request in writing from a designated successor the personal and financial data that is reasonably necessary to determine whether the existing franchise agreement should be honored. The designated successor shall supply the personal and financial data promptly upon the request. (3) (a) If a franchisor believes that good cause exists for refusing to honor the requested succession, the franchisor shall serve upon the designated successor notice of its refusal to approve the succession, within 60 days after the later of: (i) receipt of the notice of the designated successor's intent to succeed the franchisee in the ownership and operation of the dealership; or (ii) receipt of the requested personal and financial data. (b) Failure to serve the notice pursuant to Subsection (3)(a) is considered approval of the designated successor and the franchise agreement is considered amended to reflect the approval of the succession the day following the last day the franchisor can serve notice under Subsection (3)(a). (4) The notice of the franchisor provided in Subsection (3) shall: (a) state the specific grounds for the refusal to approve the succession; and (b) that discontinuance of the franchise agreement shall take effect not less than 180 days after the date the notice of refusal is served unless the proposed successor files an application for hearing under Subsection (6). (5) (a) This section does not prevent a franchisee from designating a person as the successor by written instrument filed with the franchisor. (b) If a franchisee files an instrument under Subsection (5)(a), the instrument governs the succession rights to the management and operation of the dealership subject to the designated successor satisfying the franchisor's qualification requirements as described in this section. (6) (a) If a franchisor serves a notice of refusal to a designated successor pursuant to Subsection (3), the designated successor may, within the 180-day period provided in Subsection (4), file with the executive director an application for a hearing and a determination by the executive director regarding whether good cause exists for the refusal. (b) If application for a hearing is timely filed, the franchisor shall continue to honor the franchise agreement until after: (i) the requested hearing has been concluded; (ii) a decision is rendered by the executive director; and (iii) the applicable appeal period has expired following a decision by the executive director.
Utah Code § 13-39-102 — Utah Code / Title 13 / Chapter 13-39 / § 13-39-102
§ 13-39-102. Definitions.
Status: in_force

As used in this chapter: (1) "Attorney general" means the same as that term is defined in Section 77-42-102. (2) "Contact point" means an electronic identification to which a communication may be sent, including: (a) an email address; (b) an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1); (c) a mobile or other telephone number; (d) a facsimile number; or (e) an electronic address: (i) similar to a contact point listed in this Subsection (2); and (ii) defined as a contact point by rule made by the unit under Subsection 13-39-203(1). (3) "Registry" means the child protection registry established in Section 13-39-201. (4) "Unit" means the Internet Crimes Against Children unit within the Office of the Attorney General created in Section 67-5-21.
Utah Code § 13-39-301 — Utah Code / Title 13 / Chapter 13-39 / § 13-39-301
§ 13-39-301. Criminal penalty.
Status: in_force

(1) A person who violates Section 13-39-202 commits a computer crime and is guilty of a: (a) class B misdemeanor for a first offense with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); and (b) class A misdemeanor: (i) for each subsequent violation with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); or (ii) for each violation with respect to a domain name registered with the unit under Subsection 13-39-201(2)(b). (2) A person commits a computer crime and is guilty of a second degree felony if the person: (a) uses information obtained from the unit under this chapter to violate Section 13-39-202; (b) improperly: (i) obtains contact points from the registry; or (ii) attempts to obtain contact points from the registry; or (c) uses, or transfers to a third party to use, information from the registry to send a solicitation. (3) A criminal conviction or penalty under this section does not relieve a person from civil liability in an action under Section 13-39-302. (4) Each communication sent in violation of Section 13-39-202 is a separate offense under this section.
Utah Code § 13-49-402 — Utah Code / Title 13 / Chapter 13-49 / § 13-49-402
§ 13-49-402. Violations -- Actions by division.
Status: in_force

(1) In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection: (a) the division director may impose an administrative fine of up to $2,500 for a violation of this chapter; and (b) the division may bring an action in a court with jurisdiction to enforce a provision of this chapter. (2) In a court action the division brings to enforce a provision of this chapter, 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 each violation of this chapter; or (f) award any other relief that the court deems reasonable and necessary. (3) (a) A person that intentionally violates this chapter: (i) is guilty of a class A misdemeanor; and (ii) may be fined up to $10,000. (b) A person intentionally violates this part 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 § 13-57-504 — Utah Code / Title 13 / Chapter 13-57 / § 13-57-504
§ 13-57-504. Assignability -- Liens.
Status: in_force

(1) The contingent right to receive an amount of the potential proceeds of a legal claim is assignable by a party to a maintenance funding provider. (2) Only attorney's liens related to the legal claim that is the subject of the maintenance funding or Medicare or other statutory liens related to the legal claim take priority over a lien of the maintenance funding provider.
Utah Code § 13-31-302 — Utah Code / Title 13 / Chapter 13-31 / § 13-31-302
§ 13-31-302. Sale of molds for payment of lien.
Status: in_force

(1) (a) Prior to selling a mold, the molder shall send written notice by registered mail to the last-known address of the customer. (b) The notice required by Subsection (1)(a) shall include: (i) the molder's intention to sell the mold 30 days from the day the customer received the notice; (ii) the description of the mold to be sold; (iii) the time and place of the sale; and (iv) an itemized statement for the amount due the molder from the customer. (c) A molder shall publish notice of the molder's intention to sell a mold in a newspaper of general circulation covering the customer's last-known address and as required in Section 45-1-101 if: (i) the receipt of the mailing of the notice described in Subsection (1)(a) is not returned; or (ii) the postal service returns the notice described in Subsection (1)(a) as being nondeliverable. (d) The notice provided for in Subsection (1)(c) shall include a description of the mold. (2) A molder may sell a mold 30 days from the later of the day: (a) the customer received the notice in accordance with Subsection (1)(a); or (b) the date the molder published the notice under Subsection (1)(c). (3) If from the sale of a mold under this section the molder receives an amount in excess of the amount of the lien, the excess shall be paid as follows: (a) to any prior lienholder known to the molder at the time of the sale; and (b) after paying any lienholder under Subsection (3)(a), the remainder: (i) if the customer's address is known at the time of sale, to the customer; or (ii) if the customer's address is not known at the time of sale, to the state in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
Utah Code § 13-23-102 — Utah Code / Title 13 / Chapter 13-23 / § 13-23-102
§ 13-23-102. Contracts for fitness center services.
Status: in_force

(1) (a) A contract for the purchase of a fitness center service shall be in writing. (b) The written contract described in Subsection (1)(a) shall constitute the entire agreement between the consumer and the fitness center. (2) (a) The fitness center shall provide the consumer with a fully completed copy of the contract required by Subsection (1): (i) at the time of the contract's execution; and (ii) at any time, upon the consumer's request. (b) The copy described in Subsection (2)(a) shall show: (i) the date of the transaction; (ii) the name and address of the fitness center; (iii) the name, address, and telephone number of the consumer; and (iv) the consumer's primary location. (3) (a) A contract described in Subsection (1): (i) may not have a term in excess of 36 months; and (ii) subject to Subsection (3)(b), may include an automatic renewal provision. (b) An automatic renewal provision described in Subsection (3)(a) is effective if notice of the automatic renewal provision is provided to the consumer no sooner than 60 days before, and no later than 30 days before, the day on which the contract automatically renews. (c) Except for a lifetime membership sold before May 1, 1995, a fitness center may not offer a lifetime membership. (4) A contract described in Subsection (1) or an attachment to the contract shall clearly state each rule of the fitness center that applies to: (a) the consumer's use of the fitness center's facilities and services; and (b) cancellation and refund policies of the fitness center. (5) A contract described in Subsection (1) shall specify which equipment or facility of the fitness center: (a) is omitted from the contract's coverage; or (b) may be changed at the fitness center's discretion. (6) A contract described in Subsection (1) shall clearly: (a) state the consumer's rescission rights under Section 13-23-103; and (b) provide an email address and a mailing address where the consumer can send the fitness center a notice of intent to rescind the contract. (7) (a) If a consumer and a fitness center enter into a contract described in Subsection (1) before May 4, 2022, the fitness center may: (i) assign the contract to another fitness center that requires the consumer to obtain a contracted fitness center service at a fitness center facility within five driving miles from the consumer's initial primary location; or (ii) change the consumer's primary location to a fitness center facility within five driving miles from the consumer's initial primary location. (b) If a consumer and a fitness center enter into a contract described in Subsection (1) on or after May 4, 2022, the fitness center may not: (i) assign the contract to another fitness center that requires the consumer to obtain a contracted fitness center service at a fitness center facility within five driving miles from the consumer's initial primary location, unless the fitness center that enters into the contract includes in the contract a disclaimer that: (A) is in at least 12-point, bold font on the first page of the contract; and (B) states that the fitness center may assign the contract to another fitness center requiring the consumer to obtain a contracted fitness center service at another facility within five driving miles from the consumer's initial primary location; or (ii) change the consumer's primary location to a fitness center facility within five driving miles from the consumer's initial primary location, unless the fitness center includes in the contract a disclaimer that: (A) is in at least 12-point, bold font on the first page of the contract; and (B) states that the fitness center may change the consumer's primary location to a fitness center facility within five driving miles from the consumer's initial primary location. (8) (a) Except as permitted under Subsection (8)(b), a fitness center may not assign a contract for a fitness center service to a fitness center that requires the consumer to obtain a contracted fitness center service at a fitness center facility farther than five driving miles from the consumer's initial primary location, unless the fitness center: (i) provides the consumer the option to cancel the contract; and (ii) receives approval from the consumer to assign the contract. (b) A fitness center may assign a consumer's contract for a fitness center service without complying with Subsection (8)(a), if: (i) during the 60-day period immediately before the day on which the fitness center assigns the consumer's contract, the consumer uses a fitness center facility operated by the assignee more frequently than the consumer's primary location; (ii) the assignee changes the consumer's primary location to the fitness center facility described in Subsection (8)(b)(i); and (iii) the fitness center has a reciprocity agreement with the assignee. (9) (a) Except as permitted under Subsection (9)(b), before a fitness center changes a consumer's primary location to a fitness center facility farther than five driving miles from the consumer's initial primary location, the fitness center shall provide the consumer the option to: (i) cancel the contract for a fitness center service; or (ii) (A) continue the contract at the new fitness center facility; and (B) designate the new fitness center facility as the consumer's primary location. (b) A fitness center may change a consumer's primary location without providing the consumer the option described in Subsection (9)(a), if: (i) during the 60-day period immediately before the day on which the fitness center changes the consumer's primary location, the consumer uses a fitness center facility other than the consumer's primary location more frequently than the consumer's primary location; and (ii) the fitness center changes the consumer's primary location to the fitness center facility described in Subsection (9)(b)(i). (10) The provisions of this section apply regardless of when the execution of a contract described in Subsection (1)(a) occurs.
Utah Code § 13-71-101 — Utah Code / Title 13 / Chapter 13-71 / § 13-71-101
§ 13-71-101. Definitions.
Status: in_force

(1) "Account holder" means a person who has, creates, or opens an account or profile to use a social media service. (2) "Age assurance system" means measures reasonably calculated to enable a social media company to identify whether a current or prospective Utah account holder is a minor with an accuracy rate of at least 95%. (3) "Connected account" means an account on the social media service that is directly connected to: (a) the minor account holder's account; or (b) an account that is directly connected to an account directly connected to the minor account holder's account. (4) "Content" means any information, visual depictions, tools, features, links, software, or other materials that appear on or are available or enabled through a social media service. (5) "Directly connected" means an account on the social media service that is connected to another account by: (a) sending a request to connect to another account holder and having the request to connect accepted by the other account holder; or (b) receiving a request to connect from another account holder and accepting the request to connect. (6) "Director" means the director of the division. (7) "Division" means the Division of Consumer Protection created in Section 13-2-102. (8) "Minor" means an individual under 18 years old that: (a) has not been emancipated as that term is defined in Section 80-7-102; or (b) has not been married. (9) "Parent" includes a legal guardian. (10) (a) "Personal information" means information that is linked or can be reasonably linked to an identified individual or an identifiable individual. (b) "Personal information" includes a person's: (i) first and last name; (ii) date of birth; (iii) home or physical address, including street name and city; (iv) screen or user name that reveals an individual's email address, first name, or last name; (v) telephone number; (vi) social security number; (vii) photograph, video, or audio file containing a person's image or voice; (viii) geolocation information sufficient to identify street name and city; and (ix) any other identifier that a person may use to contact a specific individual. (11) "Push notification" means an automatic electronic message displayed on an account holder's device, when the user interface for the social media service is not actively open or visible on the device, that prompts the account holder to repeatedly check and engage with the social media service. (12) "Resident" means the same as that term is defined in Section 53-3-102. (13) "Social media company" means an entity that owns or operates a social media service. (14) (a) "Social media service" means a public website or application that: (i) displays content that is primarily generated by account holders and not by the social media company; (ii) permits an individual to register as an account holder and create a profile that is made visible to the general public or a set of other users defined by the account holder; (iii) connects account holders to allow users to interact socially with each other within the website or application; (iv) makes available to each account holder a list or lists of other account holders with whom the account holder shares a connection within the system; and (v) allows account holders to post content viewable by other users. (b) "Social media service" does not include: (i) email; (ii) cloud storage; or (iii) document viewing, sharing, or collaboration services. (15) "User" means an individual who accesses or uses a social media service. (16) (a) "Utah account holder" means a person who is a Utah resident and an account holder. (b) "Utah account holder" includes a Utah minor account holder. (17) "Utah minor account holder" means a Utah account holder who is a minor. (18) "Verifiable parental consent" means authorization from a parent for a social media service to collect, use, and disclose personal information of a Utah minor account holder, that complies with the following verifiability requirements: (a) the social media service shall provide advance notice to the parent describing information practices related to the minor account holder's personal information; and (b) the social media service shall receive confirmation that the parent received the notice described in Subsection (18)(a).
Utah Code § 13-41-201 — Utah Code / Title 13 / Chapter 13-41 / § 13-41-201
§ 13-41-201. Excessive price prohibited.
Status: in_force

(1) A person may not offer for sale, offer to provide, sell, or provide a good or service to a consumer at an excessive price, if: (a) a state of emergency exists; and (b) the person offers for sale, offers to provide, sells, or provides the good or service at retail: (i) (A) during the time period for which a state of emergency declared by the governor exists, if the state of emergency described in Subsection (1) is declared by the governor; or (B) for 30 days after the day on which the state of emergency begins, if the state of emergency described in Subsection (1)(a) is declared by the president of the United States; and (ii) within the emergency territory. (2) A person may offer for sale, offer to provide, sell, or provide a good or service as otherwise prohibited under Subsection (1), if the person establishes that: (a) the good or service is identical, similar, or comparable in nature to a good or service that the person sold or provided in the 30-day period immediately preceding the day on which the state of emergency described in Subsection (1)(a) is declared; and (b) the person applies the same margin to the good or service as the margin applied to the identical, similar, or comparable good or service described in Subsection (2)(a) during the 30-day period immediately preceding the day on which the state of emergency described in Subsection (1)(a) is declared. (3) Upon request of the division, a person allegedly offering for sale, offering to provide, selling, or providing a good or service at an excessive price in accordance with this chapter shall provide documentation to the division that the person is in compliance with this chapter.
Utah Code § 13-72b-202 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-202
§ 13-72b-202. Civil liability for generation services.
Status: in_force

1/1/2027 (1) A person, or the heirs of a deceased person, who has been injured by a violation recognized in Section 13-72b-201 may bring a civil action against the generation service that committed the violation. (2) If in an action described in Subsection (1) the court finds the defendant is violating or has violated any provision of Section 13-72b-201, the court shall: (a) enjoin the defendant from continuing the violation; and (b) order the defendant to remove or destroy any counterfeit intimate image distributed in violation of Section 13-72b-201 and all copies of the counterfeit intimate image within the defendant's possession or control. (3) It is not necessary that actual damages to the plaintiff be alleged or proved in an action under this section. (4) A plaintiff in an action under this section is entitled to recover: (a) actual damages sustained, if any, including damages for emotional distress; (b) punitive damages, if the violation is found to be willful, reckless, or malicious; and (c) reasonable attorney fees and costs. (5) Each distribution of a counterfeit intimate image depicting an identifiable individual without consent constitutes a separate violation. (6) The statute of limitations for a civil action under this section is the later of: (a) three years from the date the plaintiff discovered or reasonably should have discovered the violation; or (b) 10 years from the date of the violation.
Utah Code § 13-1b-102 — Utah Code / Title 13 / Chapter 13-1b / § 13-1b-102
§ 13-1b-102. Applicability.
Status: in_force

This chapter applies to any regulation of an occupation that is administered by a state executive branch agency.
Utah Code § 13-5b-101 — Utah Code / Title 13 / Chapter 13-5b / § 13-5b-101
§ 13-5b-101. Title.
Status: in_force

This chapter is known as the "Integrated Health System Fair Practices Act."
Utah Code § 13-48a-101 — Utah Code / Title 13 / Chapter 13-48a / § 13-48a-101
§ 13-48a-101. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Car sharing" means the authorized use of a motor vehicle: (i) by an individual other than the owner of the motor vehicle; and (ii) through a peer-to-peer car-sharing program. (b) "Car sharing" does not mean the business of providing private passenger motor vehicles to the public as used in Section 31A-22-311. (2) (a) "Car-sharing agreement" means an agreement: (i) applicable to a shared vehicle owner and a shared vehicle driver; and (ii) that governs a shared vehicle driver's use of a shared vehicle through a car-sharing program. (b) "Car-sharing agreement" does not mean: (i) a rental agreement, as defined in Section 31A-22-311; or (ii) a short-term rental as that term is defined in Section 59-12-102. (3) "Car-sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location of the car-sharing start time, if applicable, as documented by the governing car-sharing agreement. (4) "Car-sharing period" means the period of time that: (a) (i) begins at the car-sharing delivery period; or (ii) if there is no car-sharing delivery period, begins at the car-sharing start time; and (b) ends at the car-sharing termination time. (5) (a) "Car-sharing program" or "peer-to-peer car-sharing program" means a business platform that connects motor vehicle owners with drivers to enable the sharing of motor vehicles for consideration. (b) "Car-sharing program" does not mean: (i) a motor vehicle rental company, as defined in Section 13-48-102; or (ii) a rental company, as defined in Section 31A-22-311. (6) "Car-sharing start time" means the time when a shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of the shared vehicle is scheduled to begin, as documented in the records of the car-sharing program. (7) "Car-sharing termination time" means the earliest of the following events: (a) the expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car-sharing agreement, if the shared vehicle is delivered to the location agreed upon in the car-sharing agreement; (b) when the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a car-sharing program, which alternatively agreed upon location shall be incorporated into the car-sharing agreement; and (c) when the shared vehicle owner or shared vehicle owner's authorized designee takes possession and control of the shared vehicle. (8) "Individual-owned shared vehicle" means: (a) for a motor vehicle purchased in the state, a shared vehicle for which applicable sales tax and use tax was paid on the purchase; or (b) for a motor vehicle not purchased in the state, a shared vehicle for which: (i) an applicable use tax was paid to this state on the purchase; or (ii) sales tax or use tax was paid on the purchase in the jurisdiction in which the motor vehicle was purchased. (9) "Motor vehicle" means the same as that term is defined in Section 41-1a-102. (10) "Shared vehicle" means a motor vehicle that is available for use by an individual other than the shared vehicle owner through a car-sharing program. (11) (a) "Shared vehicle driver" means an individual who has been authorized to drive a shared vehicle by the shared vehicle owner under a car-sharing program. (b) "Shared vehicle driver" does not mean a renter, as defined in Section 31A-22-311. (12) (a) "Shared vehicle owner" means: (i) the registered owner of a motor vehicle made available for car sharing; or (ii) a person designated by the registered owner of a motor vehicle made available for car sharing. (b) "Shared vehicle owner" does not mean a rental company, as defined in Section 31A-22-311.
Utah Code § 13-34-107 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-107
§ 13-34-107. Limitation of authority.
Status: in_force

Except for satisfying the provisions of this chapter and any rule made by the division in accordance with this chapter, nothing in this chapter authorizes the division to regulate educational content or to regulate a postsecondary school's day-to-day operations.
Utah Code § 13-23-104 — Utah Code / Title 13 / Chapter 13-23 / § 13-23-104
§ 13-23-104. Registration -- Bond or certificate of deposit required -- Penalties.
Status: in_force

(1) A fitness center may not operate a fitness center facility in this state unless the fitness center registers the fitness center facility with the division in accordance with this section. (2) To register or renew a registration for a fitness center facility, a person shall submit to the division a registration application: (a) in a manner the division determines; and (b) that includes: (i) a registration fee in an amount the division determines in accordance with Section 63J-1-504; (ii) a designated registered agent for service of process in the state and the registered agent's: (A) name; (B) street address; (C) mailing address; and (D) telephone number; (iii) a copy of the fitness center's liability policy of insurance that: (A) covers the fitness center; and (B) is in effect at the time of the registration or registration renewal; and (iv) any other information that the division requires by rule that the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) (a) A fitness center facility's registration is effective for one year after the day on which the division approves the fitness center's registration application. (b) To renew a fitness center facility registration under this section, the fitness center shall submit a registration renewal application in accordance with Subsection (2) at least 30 days before the day on which the fitness center facility's registration expires. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may establish: (a) the initial fitness center facility registration process, including the content of any forms; (b) the fitness center facility registration renewal process, including the content of any forms; and (c) a surety exemption process, including the content of any forms. (5) If a fitness center fails to submit a complete registration renewal application before the day on which a fitness center facility's registration expires, the fitness center shall pay a fee of $25 for each month or part of a month that passes: (a) after the day on which the registration expires; and (b) before the day on which the fitness center submits a complete registration renewal application. (6) The fee described in Subsection (5) is in addition to the registration renewal fee described in Subsection (2)(b)(i). (7) (a) Except as provided in Section 13-23-105, for each fitness center facility a fitness center operates, the fitness center shall obtain and maintain: (i) a surety bond issued by a surety authorized to transact surety business in this state; or (ii) a certificate of deposit in a financial institution authorized under the laws of this state or the United States to accept deposits from the public. (b) The fitness center shall make the bond or certificate of deposit described in Subsection (7)(a) payable to the division for the benefit of a consumer who incurs damages as the result of the fitness center: (i) violating this chapter; or (ii) going out of business. (c) After each consumer recovers actual damages, the division may recover from the surety bond or certificate of deposit described in Subsection (7)(a) any administrative fine, civil penalty, investigative cost, attorney fees, or other cost of collecting and distributing funds in accordance with this chapter. (d) (8) (a) In accordance with the schedule established in Subsection (8)(b), a fitness center shall base the minimum principal amount of the bond or certificate of deposit required under Subsection (7) on: (i) the number of unexpired contracts for a fitness center service, at the time the fitness center submits the fitness center facility registration or registration renewal application, that designate the fitness center facility as the consumer's primary location; or (ii) if at the time the fitness center submits the fitness center facility registration application the fitness center has not executed a contract for a fitness center service that designates the fitness center facility as a consumer's primary location, the number of contracts for a fitness center service designating the fitness center facility as a consumer's primary location that the fitness center reasonably expects to execute during the fitness center facility's first year of registration. (b) Principal Amount ofSurety Bondor Certificate of DepositNumber of Contracts$5,000100 or fewer$10,000101 to 250$15,000251 to 50035,000501 to 1,50050,0001,501 to 3,00075,0003,001 or more (c) A fitness center shall comply with Subsections (8)(a) and (b) with respect to all of the fitness center's unexpired contracts for a fitness center service that do not satisfy the criteria in Section 13-23-105. (9) A fitness center shall furnish a copy of the current surety bond or certificate of deposit to the division before selling, offering or attempting to sell, soliciting the sale of, or becoming a party to any contract to provide a fitness center service. (10) A fitness center shall: (a) maintain accurate records of: (i) the surety bond or certificate of deposit; and (ii) of each payment made, due, or to become due to the issuer; and (b) open the records described in Subsection (10)(a) to inspection by the division at any time during normal business hours. (11) (a) A fitness center with a fitness center facility registered under this section shall submit a new initial registration for the fitness center facility, if the fitness center: (i) changes ownership; (ii) permanently ceases and then again commences operation at the fitness center facility; or (iii) relocates the fitness center facility. (b) The former owner of a fitness center may not release, cancel, or terminate the owner's liability under any surety bond or certificate of deposit previously filed with the division, unless: (i) the new owner files a new bond or certificate of deposit for the benefit of consumers covered under the previous owner's surety bond or certificate of deposit; or (ii) the former owner refunds all unearned payments to consumers. (12) If a fitness center permanently ceases operation or relocates a fitness center facility, the fitness center shall provide the division notice at least 45 days before the day on which fitness center permanently ceases operation or relocates the fitness center facility. (13) A fitness center may not: (a) represent that the division or the state endorses or approves the fitness center; (b) omit from a filing with the division a material statement of fact required by this chapter or rule the division makes in accordance with this chapter; or (c) include in a filing with the division a material statement of fact that the fitness center or the fitness center's principal knew or should have known to be false, deceptive, inaccurate, or misleading. (14) A fitness center commits a separate violation of this chapter for each day that the fitness center operates a fitness center facility without registering the fitness center facility with the division in accordance with Subsection (2).
Utah Code § 13-48a-204 — Utah Code / Title 13 / Chapter 13-48a / § 13-48a-204
§ 13-48a-204. Records relating to the use of shared vehicles.
Status: in_force

(1) A car-sharing program shall collect and verify records pertaining to the use of a shared vehicle, including times used, car-sharing period pick up and drop off locations, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner, and provide that information upon request to the shared vehicle owner, the shared vehicle owner's insurer, or the shared vehicle driver's insurer to facilitate a claim coverage investigation, settlement, negotiation, or litigation. (2) The car-sharing program shall retain the records for a time period not less than two years.
Utah Code § 13-51-105 — Utah Code / Title 13 / Chapter 13-51 / § 13-51-105
§ 13-51-105. Operating requirements.
Status: in_force

(1) A transportation network company shall maintain an agent for service of process in the state in accordance with Subsection 13-51-104(2). (2) A transportation network company may collect, on behalf of a transportation network driver, a fare for a prearranged ride if the transportation network company: (a) posts the method for calculating the fare on the transportation network company's software application; (b) provides a passenger the rate the transportation network company uses to calculate the fare for a prearranged ride; and (c) allows a passenger the option to obtain an estimated fare for a prearranged ride before the passenger enters a transportation network driver's vehicle. (3) For a prearranged ride, a transportation network company shall: (a) before a passenger enters a transportation network driver's vehicle, display on the transportation network company's software application a picture of the transportation network driver; (b) shortly after the prearranged ride is complete, transmit an electronic receipt to the passenger that lists: (i) the prearranged ride's origin and destination; (ii) the prearranged ride's total time and distance; and (iii) an itemization of the total fare the passenger pays, if any; and (c) allow a passenger to notify a transportation network driver if a passenger has skis, a snowboard, other oversize luggage, or child restraint device. (4) A transportation network driver may not, while providing transportation network services: (a) provide a ride to an individual who requests the ride by a means other than a transportation network company's software application; (b) solicit or accept cash payments from a passenger; or (c) accept a means of payment other than payment through a transportation network company's software application. (5) A transportation network company shall maintain a record of: (a) all trips, for a minimum of five years after the day on which the trip occurs; and (b) all information in a transportation network company's possession regarding a transportation network driver, for a minimum of five years after the day on which the transportation network driver last provided transportation network services using the transportation network company's software application. (6) A transportation network company shall adopt a policy that prohibits unlawful discrimination with respect to a passenger and shall: (a) provide a copy of the policy to each transportation network driver; or (b) post the policy on the transportation network company's website. (7) (a) A transportation network driver shall accommodate: (i) a service animal; or (ii) an individual with a physical disability. (b) A transportation network driver or transportation network company may not impose an additional charge to provide the accommodations described in Subsections (7)(a) and (8). (8) A transportation network company shall: (a) allow a passenger to request a prearranged ride in a wheelchair-accessible vehicle; and (b) if a wheelchair-accessible vehicle is not available to a passenger who requests a wheelchair-accessible vehicle under Subsection (8)(a), direct the passenger to a transportation service that provides wheelchair-accessible service, if available. (9) A transportation network company shall disclose to a transportation network driver: (a) a description of the insurance coverage the transportation network company provides the transportation network driver while the transportation network driver is providing transportation network services, including the insurance coverage's liability limit; (b) that the transportation network company's automobile insurance policy may not provide coverage to the transportation network driver during a waiting period or a prearranged ride; (c) that if the vehicle the transportation network driver uses to provide transportation network services has a lien against the vehicle, the transportation network driver is required to notify the lienholder that the transportation network driver is using the vehicle to provide transportation network services; and (d) that using a vehicle with a lien against the vehicle to provide transportation network services may violate the transportation network driver's contract with the lienholder. (10) A transportation network company and the transportation network company's insurer shall, for an incident that occurs while a transportation network driver is providing transportation network services: (a) cooperate with a liability insurer that insures the vehicle the transportation network driver uses to provide the transportation network services; (b) provide, to the liability insurer, the precise date and time that an incident occurred, including the precise time when a driver logged in or out of the transportation network company's software application; and (c) provide the information described in Subsection (10)(b) to a liability insurer no later than 10 business days after the day on which the liability insurer requests the information from the transportation network company. (11) If a transportation network company's insurer insures a vehicle with a lien against the vehicle, and the transportation network company's insurer covers a claim regarding the vehicle under comprehensive or collision coverage, the transportation network company shall direct the transportation network company's insurer to issue the payment for the claim: (a) directly to the person that conducts the repair on the vehicle; or (b) jointly to the owner of the vehicle and the primary lienholder.
Utah Code § 13-21-105 — Utah Code / Title 13 / Chapter 13-21 / § 13-21-105
§ 13-21-105. Written information statement required.
Status: in_force

(1) Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer with a statement in writing, containing all the information required by Section 13-21-106. (2) A credit services organization shall maintain on file for a period of two years an exact copy of the statement described in Subsection (1), personally signed by the buyer, acknowledging receipt of a copy of the statement.
Utah Code § 13-49-303 — Utah Code / Title 13 / Chapter 13-49 / § 13-49-303
§ 13-49-303. Notice to be displayed -- Disclosure to be provided in writing.
Status: in_force

(1) Before providing a service, an immigration consultant shall provide a client with a written disclosure in the native language of the client that includes the following: (a) the immigration consultant's name, address, and telephone number; (b) the immigration consultant's agent for service of process; (c) evidence of the immigration consultant's compliance with any applicable surety bond or certificate of deposit requirement, including the bond number or certificate of deposit number; (d) a list of the services that the immigration consultant provides and the current and total fee for each service; and (e) a statement that the immigration consultant: (i) is not an attorney; and (ii) may not charge a client a fee for the referral of the client to another person for a service that the immigration consultant cannot or will not provide to the client. (2) An immigration consultant shall obtain the signature of the client verifying that the client received the written disclosures described in Subsection (1) before the immigration consultant provides a service. (3) Except as provided in Subsection (4), an immigration consultant who prints, displays, publishes, distributes, or broadcasts, or who causes to be printed, displayed, published, distributed, or broadcasted, an advertisement for services as an immigration consultant, shall include in the advertisement a clear and conspicuous statement that the immigration consultant is not an attorney. (4) (a) Subsection (3) does not apply to an immigration consultant who is not licensed as an attorney in a state or territory of the United States, but is authorized by federal law to represent a person before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. (b) A person described in this Subsection (4) shall include in an advertisement for services as an immigration consultant a clear and conspicuous statement that the immigration consultant is not an attorney, but is authorized by federal law to represent a person before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. (5) If an advertisement subject to this section is in a language other than English, the statement required by Subsection (3) shall be in the same language as the advertisement.
Utah Code § 13-32a-103.1 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-103.1
§ 13-32a-103.1. Transaction or gift cards.
Status: in_force

(1) A retail business engaging in a transaction involving a transaction card or gift card issued by that retail business and that bears the branding of that retail business is not subject to this chapter. (2) A pawn or secondhand business may not purchase or pawn a gift card or transaction card. (3) This chapter does not prohibit a pawn or secondhand business from issuing or accepting as payment a gift card that: (a) is issued solely by the pawn or secondhand business; and (b) bears the brand or name of the pawn or secondhand business.
Utah Code § 13-51-104 — Utah Code / Title 13 / Chapter 13-51 / § 13-51-104
§ 13-51-104. Registration -- Division audits -- Fines.
Status: in_force

(1) A person may not operate a transportation network company without registering with the division in accordance with Subsection (2). (2) To register as a transportation network company, a person shall submit to the division a registration application: (a) in a form the division approves; and (b) that includes: (i) a registration application fee in an amount the division determines in accordance with Section 63J-1-504; (ii) a designated registered agent for service of process in the state and the registered agent's: (A) name; (B) street address; (C) mailing address; and (D) telephone number; and (iii) a copy of the transportation network company's: (A) policy of insurance, including each amendment and endorsement to the policy in accordance with Section 13-51-108; (B) drug and alcohol use policy required under Section 13-51-106; (C) discrimination policy required under Subsection 13-51-105(6); and (D) any information that the division requires by rule that the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) The division shall register a person to operate a transportation network company if: (a) the person: (i) demonstrates to the division that the person meets the definition of a transportation network company under Section 13-51-102; and (ii) pays a registration fee in an amount determined by the division in accordance with Section 63J-1-504; and (b) the division determines that the person complies with the operating requirements for a transportation network company described in this chapter. (4) To renew a transportation network company registration under this section, a transportation network company shall submit a registration renewal application to the division at least 30 days before the day on which the transportation network company's registration expires in accordance with Subsection (8). (5) A transportation network company shall update registration information within 30 days after the day on which information the transportation network company provides on the application becomes incorrect or incomplete. (6) Registration with the division does not constitute an approval or endorsement of the provider by the division or the state. (7) A transportation network company may not: (a) represent that the division or the state endorses or approves the transportation network company; (b) 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 (c) include in a filing with the division a material statement that the transportation network company or transportation network company's principal knows or should know is false, deceptive, inaccurate, or misleading. (8) Registration of a transportation network company under this chapter is effective for one year after the day on which the division issues the registration in accordance with Subsection (3).
Utah Code § 13-31-102 — Utah Code / Title 13 / Chapter 13-31 / § 13-31-102
§ 13-31-102. Definitions.
Status: in_force

As used in this chapter: (1) "All rights and title" does not include rights or title in patents or copyrights. (2) "Customer" means a person that: (a) causes a molder to fabricate, cast, or otherwise make a mold; or (b) provides a molder with a mold to make a product for the customer. (3) "Make" includes to manufacture, assemble, cast, or fabricate. (4) "Mold" includes a die, form, or pattern. (5) (a) "Molder" means a person that makes or uses a mold for the purpose of making a product for a customer. (b) "Molder" includes a tool or die maker.
Utah Code § 13-64-203 — Utah Code / Title 13 / Chapter 13-64 / § 13-64-203
§ 13-64-203. Preliminary period -- Cancellation -- Refund.
Status: in_force

(1) (a) A vehicle value protection agreement shall provide for a preliminary period of at least 30 days. (b) If a purchaser cancels a vehicle value protection agreement within the preliminary period, the purchaser is entitled to a refund of the charges under the vehicle value protection agreement as follows: (i) if benefits have not been provided, a full refund; or (ii) if benefits have been provided, a refund to the extent provided for in the vehicle value protection agreement. (2) (a) Except as provided in Subsection (2)(b), if a provider cancels a vehicle value protection agreement, the provider shall mail a written notice to the purchaser at least five days before the day on which the vehicle value protection agreement is canceled. (b) A provider may immediately cancel a vehicle value protection agreement upon sending a notice of cancellation to the purchaser if the reason for the cancellation is: (i) the purchaser's failure to pay the provider's fee under the vehicle value protection agreement; or (ii) the purchaser's breach of the purchaser's duties relating to the covered vehicle. (3) A notice described in Subsection (2) shall include: (a) the effective date of the cancellation; and (b) the reason for the cancellation. (4) If a provider cancels a vehicle value protection agreement for a reason other than the purchaser's failure to pay the provider's fee under the vehicle value protection agreement, the provider: (a) shall refund the purchaser any unearned provider fee under the vehicle value protection agreement; (b) may charge the purchaser an administrative fee of up to $75; and (c) may deduct the amount of a benefit paid under the vehicle value protection agreement from the refund.
Utah Code § 13-77-101 — Utah Code / Title 13 / Chapter 13-77 / § 13-77-101
§ 13-77-101. Definitions.
Status: in_force

As used in this chapter: (1) "Artificial intelligence technology" means the same as that term is defined in Section 13-72-101. (2) "Consumer transaction" means the same as that term is defined in Section 13-11-3. (3) "Division" means the Division of Consumer Protection created in Section 13-2-102. (4) "Generative artificial intelligence" means an artificial intelligence technology system that: (a) is trained on data; (b) is designed to simulate human conversation with a consumer through one or more of the following: (i) text; (ii) audio; or (iii) visual communication; and (c) generates non-scripted outputs similar to outputs created by a human, with limited or no human oversight. (5) "High-risk artificial intelligence interaction" means an interaction with generative artificial intelligence that involves: (a) the collection of sensitive personal information, including: (i) health data; (ii) financial data; or (iii) biometric data; (b) the provision of personalized recommendations, advice, or information that could reasonably be relied upon to make significant personal decisions, including the provision of: (i) financial advice or services; (ii) legal advice or services; (iii) medical advice or services; or (iv) mental health advice or services; or (c) other applications as defined by division rule. (6) "License" means a state-granted authorization for an individual to engage in a specified occupation: (a) based on the individual meeting personal qualifications established under state law; and (b) that is required before the individual may lawfully engage in the occupation for compensation. (7) "Office" means the Office of Artificial Intelligence Policy created in Section 13-72-201. (8) "Regulated occupation" means an occupation that: (a) is regulated by the Department of Commerce; and (b) requires an individual to obtain a license or state certification to practice the occupation. (9) "State certification" means a state-granted authorization that: (a) permits an individual to use the term "state certified" as part of a designated title related to a specified occupation: (i) based on the individual meeting personal qualifications established under state law; and (ii) where state law prohibits a noncertified individual from using the term "state certified" as part of a designated title; and (b) does not prohibit a noncertified individual from engaging in the occupation for compensation. (10) "Supplier" means the same as that term is defined in Section 13-11-3.
Utah Code § 13-61-304 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-304
§ 13-61-304. Limitations.
Status: in_force

(1) The requirements described in this chapter do not restrict a controller's or processor's ability to: (a) comply with a federal, state, or local law, rule, or regulation; (b) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, local, or other governmental entity; (c) cooperate with a law enforcement agency concerning activity that the controller or processor reasonably and in good faith believes may violate federal, state, or local laws, rules, or regulations; (d) investigate, establish, exercise, prepare for, or defend a legal claim; (e) provide a product or service requested by a consumer or a parent or legal guardian of a child; (f) perform a contract to which the consumer or the parent or legal guardian of a child is a party, including fulfilling the terms of a written warranty or taking steps at the request of the consumer or parent or legal guardian before entering into the contract with the consumer; (g) take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or of another individual; (h) (i) detect, prevent, protect against, or respond to a security incident, identity theft, fraud, harassment, malicious or deceptive activity, or any illegal activity; or (ii) investigate, report, or prosecute a person responsible for an action described in Subsection (1)(h)(i); (i) (i) preserve the integrity or security of systems; or (ii) investigate, report, or prosecute a person responsible for harming or threatening the integrity or security of systems, as applicable; (j) if the controller discloses the processing in a notice described in Section 13-61-302, engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws; (k) assist another person with an obligation described in this subsection; (l) process personal data to: (i) conduct internal analytics or other research to develop, improve, or repair a controller's or processor's product, service, or technology; (ii) identify and repair technical errors that impair existing or intended functionality; or (iii) effectuate a product recall; (m) process personal data to perform an internal operation that is: (i) reasonably aligned with the consumer's expectations based on the consumer's existing relationship with the controller; or (ii) otherwise compatible with processing to aid the controller or processor in providing a product or service specifically requested by a consumer or a parent or legal guardian of a child or the performance of a contract to which the consumer or a parent or legal guardian of a child is a party; or (n) retain a consumer's email address to comply with the consumer's request to exercise a right. (2) This chapter does not apply if a controller's or processor's compliance with this chapter: (a) violates an evidentiary privilege under Utah law; (b) as part of a privileged communication, prevents a controller or processor from providing personal data concerning a consumer to a person covered by an evidentiary privilege under Utah law; or (c) adversely affects the privacy or other rights of any person. (3) A controller or processor is not in violation of this chapter if: (a) the controller or processor discloses personal data to a third party controller or processor in compliance with this chapter; (b) the third party processes the personal data in violation of this chapter; and (c) the disclosing controller or processor did not have actual knowledge of the third party's intent to commit a violation of this chapter. (4) If a controller processes personal data under an exemption described in Subsection (1), the controller bears the burden of demonstrating that the processing qualifies for the exemption. (5) Nothing in this chapter requires a controller, processor, third party, or consumer to disclose a trade secret.
Utah Code § 13-78-105 — Utah Code / Title 13 / Chapter 13-78 / § 13-78-105
§ 13-78-105. Denial, suspension, or revocation of provider 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 a 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 provider or the provider's principal has: (i) violated, caused a violation, or allowed a violation of a provision of: (A) this chapter; or (B) a rule made by the division under this chapter; (ii) violated Chapter 11, Utah Consumer Sales Practices Act; (iii) been 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) was based on a finding of lack of integrity, truthfulness, or mental competence; (iv) been convicted of a crime involving theft, fraud, or dishonesty; (v) obtained or attempted to obtain a registration by misrepresenting any material fact; (vi) failed to provide information the division requests; (vii) failed to pay an administrative fine that the division or an administrative or judicial order imposed; (viii) failed to pay the fee to file a registration application or a renewal application; or (ix) failed to satisfy the requirements of this chapter or rule made by the division under this chapter.
Utah Code § 13-1-18 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-18
§ 13-1-18. License by endorsement.
Status: in_force

(1) As used in this section: (a) "License" means, except as provided in Subsection (1)(b), an authorization that permits the holder to engage in the practice of a profession regulated under this title. (b) "License" does not include an authorization that permits the holder to engage in the practice of a profession regulated by the Division of Real Estate under Title 61, Securities Division - Real Estate Division, or the Division of Professional Licensing under Title 58, Occupations and Professions. (2) Subject to Subsections (4) through (7), the department shall issue a license to an applicant who has been licensed in another state, district, or territory of the United States if: (a) the department determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the license sought in this state; (b) the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and (c) the applicant's license is in good standing in the other state, district, or territory. (3) Subject to Subsections (4) through (7), the department may issue a license to an applicant who: (a) has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) (A) the department determines that the applicant's education, experience, and skills demonstrate competency in the profession for which licensure is sought in this state; and (B) the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or (ii) the department determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the license sought in this state; or (b) has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and (ii) the department determines that the education or experience was substantially similar to the education or experience requirements for the license sought in this state. (4) The department may refuse to issue a license to an applicant under this section if: (a) the department determines that there is reasonable cause to believe that the applicant is not qualified to receive the license in this state; or (b) the applicant has a previous or pending disciplinary action related to the applicant's other license. (5) Before the department issues a license to an applicant under this section, the applicant shall: (a) pay a fee determined by the department under Section 63J-1-504; and (b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the profession for which licensure is sought in this state. (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section. (7) This section is subject to and may be supplemented or altered by licensure endorsement provisions or multistate licensure compacts in specific chapters of this title.