Utah Code § 13-1-1 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-1
§ 13-1-1. Legislative findings and declarations.
Status: in_force

The Legislature finds that many businesses and occupations in the state have a pronounced physical and economic impact on the health, safety, and welfare of the citizens of the state. The Legislature further finds that while the overall impact is generally beneficial to the public, the potential for harm and injury frequently warrants intervention by state government.The Legislature declares that it is appropriate and necessary for state government to protect its citizens from harmful and injurious acts by persons offering or providing essential or necessary goods and services to the general public. The Legislature further declares that business regulation should not be unfairly discriminatory. However, the general public interest shall be recognized and regarded as the primary purpose of all regulation by state government.
Utah Code § 13-11a-3 — Utah Code / Title 13 / Chapter 13-11a / § 13-11a-3
§ 13-11a-3. Deceptive trade practices enumerated -- Records to be kept -- Defenses.
Status: in_force

(1) Deceptive trade practices occur when, in the course of a person's business, vocation, or occupation that person: (a) passes off goods or services as those of another; (b) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (c) causes likelihood of confusion or of misunderstanding as to affiliation, connection, association with, or certification by another; (d) uses deceptive representations or designations of geographic origin in connection with goods or services; (e) represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have; (f) represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or second-hand; (g) represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (h) disparages the goods, services, or business of another by false or misleading representation of fact; (i) advertises goods or services or the price of goods and services with intent not to sell them as advertised; (j) advertises goods or services with intent not to supply a reasonable expectable public demand, unless: (i) the advertisement clearly and conspicuously discloses a limitation of quantity; or (ii) the person issues rainchecks for the advertised goods or services; (k) makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions, including the false use of any of the following expressions in an advertisement: (i) "going out of business"; (ii) "bankruptcy sale"; (iii) "lost our lease"; (iv) "building coming down"; (v) "forced out of business"; (vi) "final days"; (vii) "liquidation sale"; (viii) "fire sale"; (ix) "quitting business"; or (x) an expression similar to any of the expressions in Subsections (1)(k)(i) through (ix); (l) makes a comparison between the person's own sale or discount price and a competitor's nondiscounted price without clearly and conspicuously disclosing that fact; (m) without clearly and conspicuously disclosing the date of the price assessment makes a price comparison with the goods of another based upon a price assessment performed more than seven days prior to the date of the advertisement or uses in an advertisement the results of a price assessment performed more than seven days prior to the date of the advertisement without disclosing, in a print ad, the date of the price assessment, or in a radio or television ad, the time frame of the price assessment; (n) advertises or uses in a price assessment or comparison a price that is not that person's own unless this fact is: (i) clearly and conspicuously disclosed; and (ii) the representation of the price is accurate; (o) represents as independent an audit, accounting, price assessment, or comparison of prices of goods or services, when the audit, accounting, price assessment, or comparison is not independent; (p) represents, in an advertisement of a reduction from the supplier's own prices, that the reduction is from a regular price, when the former price is not a regular price as defined in Subsection 13-11a-2(14); (q) advertises a price comparison or the result of a price assessment or comparison that uses, in any way, an identified competitor's price without clearly and conspicuously disclosing the identity of the price assessor and any relationship between the price assessor and the supplier; (r) makes a price comparison between a category of the supplier's goods and the same category of the goods of another, without randomly selecting the individual goods or services upon whose prices the comparison is based; (s) makes a comparison between similar but nonidentical goods or services unless the nonidentical goods or services are of essentially similar quality to the advertised goods or services or the dissimilar aspects are clearly and conspicuously disclosed in the advertisements; or (t) engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding. (2) (a) For purposes of Subsection (1)(i), if a specific advertised price will be in effect for less than one week from the advertisement date, the advertisement shall clearly and conspicuously disclose the specific time period during which the price will be in effect. (b) For purposes of Subsection (1)(n), with respect to the price of a competitor, the price shall be one at which the competitor offered the goods or services for sale in the product area at the time of the price assessment, and may not be an isolated price. (c) For purposes of Subsection (1)(o), an audit, accounting, price assessment, or comparison shall be independent if the price assessor randomly selects the goods to be compared, and the time and place of the comparison, and no agreement or understanding exists between the supplier and the price assessor that could cause the results of the assessment to be fraudulent or deceptive. The independence of an audit, accounting, or price comparison is not invalidated merely because the advertiser pays a fee for the audit, accounting, or price comparison, but is invalidated if the audit, accounting, or price comparison is done by a full or part-time employee of the advertiser. (d) Examples of a disclosure that complies with Subsection (1)(q) are: (i) "Price assessment performed by Store Z"; (ii) "Price assessment performed by a certified public accounting firm"; or (iii) "Price assessment performed by employee of Store Y". (e) For the purposes of Subsection (1)(r), goods or services are randomly selected when the supplier has no advance knowledge of what goods and services will be surveyed by the price assessor, and when the supplier certifies its lack of advance knowledge by an affidavit to be retained in the supplier's records for one year. (f) (i) It is prima facie evidence of compliance with Subsection (1)(s) if: (A) the goods compared are substantially the same size; and (B) the goods compared are of substantially the same quality, which may include similar models of competing brands of goods, or goods made of substantially the same materials and made with substantially the same workmanship. (ii) It is prima facie evidence of a deceptive comparison under this section when the prices of brand name goods and generic goods are compared. (3) Any supplier who makes a comparison with a competitor's price in advertising shall maintain for a period of one year records that disclose the factual basis for such price comparisons and from which the validity of such claim can be established. (4) It is a defense to any claim of false or deceptive price representations under this chapter that a person: (a) has no knowledge that the represented price is not genuine; and (b) has made reasonable efforts to determine whether the represented price is genuine. (5) Subsections (1)(m) and (q) do not apply to price comparisons made in catalogs in which a supplier compares the price of a single item of its goods or services with those of another. (6) To prevail in an action under this chapter, a complainant need not prove competition between the parties or actual confusion or misunderstanding. (7) This chapter does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state.
Utah Code § 13-40-101 — Utah Code / Title 13 / Chapter 13-40 / § 13-40-101
§ 13-40-101. Title.
Status: in_force

This chapter is known as the "Utah E-Commerce Integrity Act."
Utah Code § 13-23-103 — Utah Code / Title 13 / Chapter 13-23 / § 13-23-103
§ 13-23-103. Rescission.
Status: in_force

(1) A consumer may rescind a contract for the purchase of a fitness center service by emailing or mailing written notice of the consumer's intent to rescind: (a) to the email address or mailing address the fitness center provides in the contract, in accordance with Subsection 13-23-102(6)(b); and (b) (i) before midnight of the third business day after the day on which the consumer and fitness center execute the contract, as recorded by timestamp or postmark; or (ii) if a consumer and fitness center execute the contract when the consumer's primary location is not fully operational and available for use, before midnight of the third business day after the day on which the consumer's primary location becomes fully operational and available for use, as recorded by timestamp or postmark. (2) A consumer who rescinds a contract under this section is entitled to a refund of every payment the consumer made, less the reasonable value of any fitness center service the consumer actually received. (3) The preparation and processing of the contract or other document is not a fitness center service that the fitness center may deduct under Subsection (2) from any refundable amount. (4) In an enforcement action that the division initiates, a fitness center has the burden of proving that any value the fitness center retains under Subsection (2) is reasonable. (5) The rescission of a contract under this section is effective upon the fitness center's receipt of written notice of the consumer's intent to rescind the contract.
Utah Code § 13-64-101 — Utah Code / Title 13 / Chapter 13-64 / § 13-64-101
§ 13-64-101. Definitions.
Status: in_force

As used in this chapter: (1) "Administrative functions" means the same as that term is defined in Section 31A-6b-102. (2) "Agreement administrator" means a person who provides administrative functions related to a vehicle value protection agreement. (3) "Covered vehicle" means a vehicle that is covered under a vehicle value protection agreement. (4) "Division" means the Division of Consumer Protection established in Section 13-2-102. (5) "Finance agreement" means the same as that term is defined in Section 31A-6b-102. (6) "Insurer" means the same as that term is defined in Section 31A-1-301. (7) "Preliminary period" means a time period that: (a) begins the day on which the vehicle value protection agreement becomes effective; and (b) ends the last day on which the purchaser may cancel the vehicle value protection agreement with a full refund. (8) "Provider" means a person who is obligated to provide a benefit to another person under a vehicle value protection agreement. (9) "Purchaser" means a person who purchases a benefit from another person under a vehicle value protection agreement. (10) "Security" means the same as that term is defined in Section 31A-1-301. (11) "Vehicle" means the same as that term is defined in Section 31A-6b-102. (12) (a) "Vehicle value protection agreement" means an agreement for a separate charge between a provider and purchaser under which the provider agrees to, upon damage, total loss, or unrecovered theft of the purchaser's covered vehicle, provide a benefit to the purchaser that may be applied to: (i) the cash value of the covered vehicle when traded in for a replacement vehicle; (ii) the finance agreement for a replacement vehicle; or (iii) the purchase or lease price of a replacement vehicle. (b) "Vehicle value protection agreement" includes: (i) a vehicle trade-in agreement; (ii) a vehicle diminished value agreement; (iii) a vehicle cash down payment protection agreement; and (iv) a vehicle depreciation benefit agreement. (c) "Vehicle value protection agreement" does not include: (i) insurance or an insurance contract regulated under Title 31A, Insurance Code; (ii) a guaranteed asset protection waiver, as defined in Section 31A-6b-102; (iii) a debt cancellation agreement, as defined in Section 31A-21-109; or (iv) a debt suspension contract, as defined in Section 31A-21-109.
Utah Code § 13-68-303 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-303
§ 13-68-303. Notice to be displayed -- Disclosure to be provided in writing.
Status: in_force

(1) (a) Before providing any services, a lawyer referral consultant shall provide a client with a written disclosure in the native language of the client that includes the following: (i) the lawyer referral consultant's name, address, and telephone number; (ii) the lawyer referral consultant's agent for service of process in this state, including the agent's: (A) name; (B) street address; (C) mailing address; and (D) telephone number; (iii) evidence of compliance with any applicable surety bond or certificate of deposit requirement, including the surety bond or certificate of deposit number; and (iv) a list of the services that the lawyer referral consultant provides and the current and total fee for each service. (2) A lawyer referral consultant shall obtain the signature of the client verifying that the client receives the written disclosure described in Subsection (1) before a lawyer referral consultant provides a service. (3) Except as provided in Subsection (4), a lawyer referral consultant who prints, displays, publishes, distributes, or broadcasts, or who causes to be printed, displayed, published, distributed, or broadcasted, any advertisement for services as a lawyer referral consultant, shall include in that advertisement a clear and conspicuous statement that the lawyer referral consultant is not an attorney. (4) Subsection (3) does not apply to a person who is not an active member of the Utah State Bar, but is an attorney licensed in another state or territory of the United States. (5) A person described in Subsection (4) shall include in an advertisement for lawyer referral services a clear and conspicuous statement that the person is not an attorney licensed to practice law in this state, but is an attorney licensed in another state or territory of the United States. (6) 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 § 13-49-204 — Utah Code / Title 13 / Chapter 13-49 / § 13-49-204
§ 13-49-204. Bonds -- Exemption -- Statements dependent on posting bond.
Status: in_force

(1) An immigration consultant shall maintain the following in a form the division approves, and in the amount of $50,000: (a) a surety bond issued by a surety authorized to transact security business in this state; 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) A surety bond or certificate of deposit described in Subsection (1) shall be payable to the division for the benefit of any person damaged by a fraud, misstatement, misrepresentation, unlawful act, omission, or failure to provide services of an immigration consultant, or an agent, representative, or employee of an immigration consultant. (3) (a) If a surety bond or certificate of deposit an immigration consultant posts under this section is canceled due to the immigration consultant's negligence, the division may assess a $300 reinstatement fee. (b) A person may not withdraw a part of a surety bond or certificate of deposit an immigration consultant posts in accordance with this section: (i) during the one-year period the registration under this chapter is in effect; or (ii) while a revocation proceeding is pending against the immigration consultant. (4) (a) A surety bond or certificate of deposit an immigration consultant posts in accordance with this section may be forfeited if the immigration consultant's registration under this chapter is revoked. (b) Notwithstanding Subsection (4)(a), the division may make a claim against a surety bond or certificate of deposit posted by an immigration consultant for money owed the division under this chapter without the division first revoking the immigration consultant's registration. (5) An individual may not disseminate by any means a statement indicating that the individual is an immigration consultant, engages in the business of an immigration consultant, or proposes to engage in the business of an immigration consultant, unless the individual posts a surety bond or certificate of deposit under this section that the individual maintains throughout the period covered by the statement. (6) An immigration consultant may not make or authorize the making of an oral or written reference to the immigration consultant's compliance with the bonding requirements of this section except as provided in this chapter. (7) The division may claim an immigration consultant's surety bond or certificate of deposit for the benefit of any client who incurs damages as the result of the immigration consultant's failure to comply with this chapter. (8) After the client recovers full damages, the division may recover from the surety bond or certificate of deposit any administrative fines, civil penalties, investigative costs, attorney fees, and other costs of collecting and distributing funds in accordance with this section.
Utah Code § 13-12-6 — Utah Code / Title 13 / Chapter 13-12 / § 13-12-6
§ 13-12-6. Distributor electing not to continue doing business in state -- Repurchase merchandise.
Status: in_force

If a distributor elects to discontinue doing business in the state of Utah during the term of a marketing agreement with the dealer, the distributor shall repurchase merchandise in salable condition at a fair wholesale market value not to exceed original invoice price which the dealer has purchased from the distributor.
Utah Code § 13-42-124 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-124
§ 13-42-124. Voluntary contributions.
Status: in_force

A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until 30 days after completion or termination of a plan, the aggregate amount of money received from or on behalf of the individual may not exceed the total amount the provider may charge the individual under Section 13-42-123.
Utah Code § 13-28-1 — Utah Code / Title 13 / Chapter 13-28 / § 13-28-1
§ 13-28-1. Title.
Status: in_force

This chapter shall be known as the "Prize Notices Regulation Act."
Utah Code § 13-11-18 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-18
§ 13-11-18. Noncompliance by supplier subject to other state supervision -- Cooperation of division and other official or agency.
Status: in_force

(1) (a) If the division receives a complaint or other information relating to noncompliance with this chapter by a supplier that is subject to other supervision in this state, the division shall inform the official or agency having that supervision. (b) The division may request information about a supplier from the official or agency. (2) (a) The division and any other official or agency in this state having supervisory authority over a supplier shall consult and assist each other in maintaining compliance with this chapter. (b) Within the scope of the division's authority, the division and any other official or agency in this state may jointly or separately make investigations, prosecute suits, and take other official action the division considers appropriate.
Utah Code § 13-11a-5 — Utah Code / Title 13 / Chapter 13-11a / § 13-11a-5
§ 13-11a-5. Exemptions.
Status: in_force

This chapter does not apply to: (1) conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency; (2) publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or (3) actions or appeals pending on the effective date of this chapter.
Utah Code § 13-42-113 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-113
§ 13-42-113. Surety bond required.
Status: in_force

(1) Except as otherwise provided in Section 13-42-114, a provider that is required to be registered under this chapter shall file a surety bond with the division, which shall: (a) be in effect during the period of registration and for two years after the day on which the provider ceases providing debt-management services to individuals in this state; and (b) run to this state for the benefit of this state and of individuals who reside in this state when the individuals agree to receive debt-management services from the provider, as the individuals' interests may appear. (2) Subject to adjustment of the dollar amount in accordance with Subsection 13-42-132(6), a surety bond filed in accordance with Subsection (1) shall: (a) be in the amount of $100,000; (b) be issued by a surety company authorized to do business in this state and rated at least A- by a nationally recognized rating organization; and (c) have payment conditioned on noncompliance of the provider or its agent with this chapter. (3) (a) If the principal amount of a surety bond is reduced by payment of a claim or a judgment, the provider shall immediately notify the division and, no later than 30 days after the day on which the division gives notice to the provider, file a new or additional surety bond in an amount to comply with the $100,000 requirement. (b) If for any reason a surety terminates a bond, the provider shall immediately file a new surety bond in the amount of $100,000. (4) The division or an individual may obtain satisfaction out of the surety bond procured in accordance with this section if: (a) the division assesses expenses under Subsection 13-42-132(2)(a), issues a final order under Subsection 13-42-133(1)(b), or recovers a final judgment under Subsection 13-42-133(1)(d) or (e) or Subsection 13-42-133(4); or (b) an individual recovers a final judgment in accordance with Subsection 13-42-135(1), Subsection 13-42-135(2), or Subsection 13-42-135(3)(a), (b), or (d). (5) If claims against a surety bond exceed or are reasonably expected to exceed the amount of the bond, the division, on the initiative of the division or on petition of the surety, shall, unless the proceeds are adequate to pay all costs, judgments, and claims, distribute the proceeds in the following order: (a) to satisfaction of a final order or judgment under Subsection 13-42-133(1)(a), (d), or (e) or Subsection 13-42-133(4); (b) to final judgments recovered by individuals in accordance with Subsection 13-42-135(1), Subsection 13-42-135(2), or Subsection 13-42-135(3)(a), (b) or (d), pro rata; (c) to claims of individuals established to the satisfaction of the division, pro rata; and (d) if a final order or judgment is issued under Subsection 13-42-133(1), to the expenses charged in accordance with Subsection 13-42-132(2)(a).
Utah Code § 13-51-104.1 — Utah Code / Title 13 / Chapter 13-51 / § 13-51-104.1
§ 13-51-104.1. Denial, suspension, or revocation of an application or registration.
Status: in_force

In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke an application or registration if: (1) the division finds that the denial, suspension, or revocation is in the public interest; and (2) (a) the registration is incomplete, false, or misleading; or (b) the applicant or the applicant's principal: (i) violates, causes a violation, allows a violation, or fails to satisfy the requirements of a provision of: (A) this chapter; or (B) a rule the division makes in accordance with this chapter; (ii) violates Chapter 11, Utah Consumer Sales Practices Act; (iii) is enjoined by a court, or is the subject of an administrative or judicial order issued in Utah or another state, if the order: (A) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or (B) is based on a finding of a lack of integrity, truthfulness, or mental competence; (iv) is convicted of a crime involving theft, fraud, or dishonesty; (v) obtains or attempts to obtain a registration by misrepresenting a material fact; (vi) fails to provide information the division requests; (vii) fails to pay an administrative fine the division or an administrative or judicial order imposes; or (viii) fails to pay the fee to file a registration application or a renewal application.
Utah Code § 13-1a-108 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-108
§ 13-1a-108. Hearing powers.
Status: in_force

10/1/2026 (1) The director, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, may hold or cause to be held an administrative hearing regarding a matter affecting the division or the incorporation or registration activities of a business governed by the laws the division administers. (2) The director or the director's designee, for the purposes outlined in this chapter or a chapter administered by the division, may administer oaths, issue subpoenas, compel the attendance of witnesses, and compel the production of papers, books, accounts, documents, and evidence.
Utah Code § 13-54-102 — Utah Code / Title 13 / Chapter 13-54 / § 13-54-102
§ 13-54-102. Definitions.
Status: in_force

(1) "Consumer" means a person who purchases a ticket for use by the person or the person's invitee. (2) "Division" means the Division of Consumer Protection in the Department of Commerce. (3) "Domain" means the portion of text in a URL that is to the left of the top-level domain. (4) "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 (4)(a) through (d). (5) "Event participant" means any of the following persons who is associated with an event or on behalf of whom a person sells a ticket to an event: (a) an artist; (b) a league; (c) a team; (d) a tour group; (e) a venue; or (f) any person similar to the persons described in Subsections (5)(a) through (e). (6) "Person" does not include a government entity. (7) "Primary ticket seller" means the person who first sells a particular ticket. (8) (a) "Reseller" means a person who sells or offers for sale a ticket after it is sold by a primary ticket seller. (b) "Reseller" includes a person who engages in conduct described in Subsection (8)(a), regardless of whether the person is also the primary ticket seller of the ticket or the primary ticket seller of another ticket to the same event. (c) "Reseller" does not include a person who transfers a ticket to another person without reimbursement or consideration. (9) "Ticket" means evidence of an individual's right of entry to an event. (10) "Ticket aggregator" means a person who aggregates the prices for which other persons offer tickets for sale or resale. (11) "Ticket purchasing software" means software that is primarily designed for the purpose of: (a) interfering with the sale of tickets by circumventing controls or measures on a ticket website to bypass posted event ticket purchasing limits; or (b) undermining the integrity of posted online ticket purchasing order rules. (12) "Ticket website" means: (a) with respect to a reseller, a website on which the reseller sells or offers for sale or resale one or more tickets; or (b) with respect to a ticket aggregator, a website on which the ticket aggregator aggregates the prices for which other persons offer tickets for sale or resale. (13) "Top-level domain" includes .com, .net, and .org. (14) "URL" means the uniform resource locator for a website on the Internet. (15) (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.
Utah Code § 13-11-4.1 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-4.1
§ 13-11-4.1. Targeted solicitations involving financial information -- Restrictions.
Status: in_force

(1) As used in this section: (a) "Account holder" means a person for whom a personal account is held by a financial institution. (b) "Financial institution" means: (i) a state or federally chartered: (A) bank; (B) savings and loan association; (C) savings bank; (D) industrial bank; or (E) credit union; (ii) any other institution under the jurisdiction of the commissioner of Financial Institutions as described in Title 7, Financial Institutions Act; or (iii) a person who: (A) is subject to Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act; and (B) engages in the business of residential mortgage loans as defined in Section 61-2c-102. (c) (i) "Specific account information" means information that is: (A) relative to the account of an account holder, in addition to the name of the account holder; and (B) not provided by the financial institution that holds the account holder's account to the person offering a targeted solicitation. (ii) "Specific account information" includes: (A) a loan number; (B) a loan amount; or (C) any other specific account or loan information. (d) "Targeted solicitation" means any written or oral advertisement or solicitation for products or services that: (i) is addressed to an account holder; (ii) contains specific account information; (iii) is offered by a supplier that is not sponsored by or affiliated with the financial institution that holds the account holder's account; and (iv) is not authorized by the financial institution that holds the account holder's account. (2) (a) A supplier who is not the financial institution of an account holder may not represent, directly or indirectly, that the supplier is the financial institution of the account holder. (b) If a presiding officer or court determines appropriate after considering other relevant factors, the following actions by a supplier who is not the financial institution of an account holder establish a presumption that the supplier is representing that the supplier is the financial institution of the account holder in violation of Subsection (2)(a): (i) the use or reference to the name, trade name, or trademark of the financial institution of the account holder, when sending a targeted solicitation, unless the supplier has written authorization from the financial institution; (ii) the placement of specific account information on the outside of an envelope, visible through the envelope window, or on a postcard, when sending a targeted solicitation by direct mail; or (iii) the placement of specific account information in the subject line, when sending a targeted solicitation by email. (3) (a) A targeted solicitation, if offered in writing, shall include a clear and conspicuous statement in bold type on the front page of the document containing: (i) the name, address, and telephone number of the supplier offering the targeted solicitation; and (ii) a statement indicating that the supplier offering the targeted solicitation is not sponsored by or affiliated with the financial institution that holds the account holder's account. (b) If the targeted solicitation is offered orally, the supplier offering the targeted solicitation shall verbally communicate the statement described in Subsection (3)(a) at the time the oral solicitation is offered to the account holder. (4) A supplier who violates this section commits a deceptive act or practice under Subsection 13-11-4(1).
Utah Code § 13-76-404 — Utah Code / Title 13 / Chapter 13-76 / § 13-76-404
§ 13-76-404. Application and limitations.
Status: in_force

Nothing in this chapter shall be construed to: (1) prevent an app store provider or developer from taking reasonable measures to: (a) block, detect, or prevent distribution to minors of: (i) unlawful material; (ii) obscene material; or (iii) other harmful material; (b) block or filter spam; (c) prevent criminal activity; or (d) protect app store or app security; (2) require an app store provider to disclose user information to a developer beyond: (a) age category data; or (b) verification of parental consent status; (3) allow an app store provider or developer to implement measures required by this chapter in a manner that is: (a) arbitrary; (b) capricious; (c) anticompetitive; or (d) unlawful; (4) require a developer to collect, retain, reidentify, or link any information beyond what is: (a) necessary to verify age categories and parental consent status as required by this chapter; and (b) collected, retained, reidentified, or linked in the developer's ordinary course of business; (5) require an app store provider or developer to block access to an application that an account holder has downloaded or installed onto a mobile device before the day on which the obligations described in Sections 13-76-201 and 13-76-202 take effect, except to the extent that: (a) a parent account revokes verifiable parental consent for an affiliated minor account; or (b) a significant change to the application has occurred; (6) require a developer or app store provider to create, adopt, or implement an app age rating system or content classification framework; or (7) displace any other available remedies or rights authorized under the laws of this state or the United States.
Utah Code § 13-32a-113 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-113
§ 13-32a-113. Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account.
Status: in_force

(1) There is created within the General Fund a restricted account known as the "Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account." (2) (a) The account shall be funded from fees and administrative and civil fines imposed and collected under Sections 13-32a-106, 13-32a-110, and 13-32a-111. (b) The fees and administrative and civil fines shall be paid to the division, which shall deposit them in the account. (c) The Legislature shall appropriate funds in the account to the division for: (i) the costs of providing training required under this chapter; (ii) the costs of the central database created in Section 13-32a-105; and (iii) the division's costs of administering this chapter.
Utah Code § 13-45-201 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-201
§ 13-45-201. Security freeze.
Status: in_force

(1) As used in this part: (a) "Security freeze" means a prohibition, consistent with the provisions of this section, on a consumer reporting agency's furnishing of a consumer's credit report to a third party intending to use the credit report to determine the consumer's eligibility for credit. (b) "Unique personal identifier" means a personal identification number, password, or other secure form of identity verification accepted by a consumer reporting agency and intended for use by a consumer to place, remove, or temporarily remove a security freeze in accordance with this chapter. (2) (a) A consumer may request a security freeze on a consumer's credit report by: (i) submitting a request for a security freeze to the consumer reporting agency by: (A) certified mail to the postal address identified by the consumer reporting agency in accordance with Subsection (5); or (B) electronic means developed by the consumer reporting agency in accordance with Subsection (5); and (ii) providing proper identification to the consumer reporting agency. (b) Upon receipt of a request described in Subsection (2)(a), the consumer reporting agency shall: (i) place a security freeze on the consumer's credit report: (A) if the consumer submits the request by certified mail, as soon as practicable but no later than five business days after the business day on which the consumer reporting agency receives the request and the consumer's proper identification; (B) if the consumer submits the request by a contact method described in Subsection (5)(b)(ii) or (iii) that is not a mobile application, as soon as practicable but no later than 24 hours after the consumer reporting agency receives the request and the consumer's proper identification; or (C) if the consumer submits the request by mobile application, within 15 minutes after the consumer reporting agency receives the request and the consumer's proper identification; (ii) provide the consumer a unique personal identifier, unless the consumer reporting agency previously provided the consumer a unique personal identifier; and (iii) within five business days after the business day on which the consumer reporting agency places the security freeze, provide the consumer confirmation that the consumer reporting agency placed the security freeze. (3) If a security freeze is in place, a consumer reporting agency may not release a consumer's credit report, or information from the credit report, to a third party that intends to use the information to determine a consumer's eligibility for credit without prior authorization from the consumer. (4) (a) Notwithstanding Subsection (3), a consumer reporting agency may communicate to a third party requesting a consumer's credit report that a security freeze is in effect on the consumer's credit report. (b) If a third party requesting a consumer's credit report in connection with the consumer's application for credit is notified of the existence of a security freeze under Subsection (4)(a), the third party may treat the consumer's application as incomplete. (5) (a) A consumer reporting agency shall develop a contact method to receive and process a consumer's request to place, remove, or temporarily remove a security freeze. (b) A contact method under Subsection (5)(a) shall include: (i) a postal address; (ii) an electronic contact method chosen by the consumer reporting agency, which may include the use of fax, Internet, or other electronic means; and (iii) the use of telephone in a manner that is consistent with any federal requirements placed on the consumer reporting agency. (6) A security freeze placed under this section may be removed only in accordance with Section 13-45-202. (7) (a) The time requirement described in Subsection (2)(b)(i)(B) or (C), as applicable, does not apply if the consumer reporting agency's ability to place the security freeze is prevented by: (i) an act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomena; (ii) unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence; (iii) operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption; (iv) governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives; (v) regularly scheduled maintenance, during other than normal business hours, of, or updates to, the consumer reporting agency's systems; or (vi) commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled. (b) In the event of a circumstance described in Subsection (7)(a), the consumer reporting agency shall place the security freeze as soon as practicable.
Utah Code § 13-1a-101 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-101
§ 13-1a-101. Definitions.
Status: in_force

10/1/2026As used in this chapter: (1) "Director" means the director of the division appointed in accordance with Section 13-1a-103. (2) "Division" means the Division of Corporations and Commercial Code created in Section 13-1a-102. (3) "Executive director" means the executive director of the Department of Commerce appointed under Section 13-1-3.
Utah Code § 13-48a-305 — Utah Code / Title 13 / Chapter 13-48a / § 13-48a-305
§ 13-48a-305. Recovery for claim excluded from insurance policy.
Status: in_force

An insurance company that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of the insurance company's policy shall have the right to seek recovery against the motor vehicle insurer of the car-sharing program if the claim is: (1) made against the shared vehicle owner or shared vehicle driver for a loss or injury that occurs during the car-sharing period; and (2) excluded under the terms of the policy of the insurance company that defends or indemnifies the claim.
Utah Code § 13-21-110 — Utah Code / Title 13 / Chapter 13-21 / § 13-21-110
§ 13-21-110. Damages -- Punitive damages -- Attorney fees and costs -- Remedies.
Status: in_force

(1) A buyer injured by a violation of this chapter may bring any action for recovery of damages. (2) In an action brought by a buyer in accordance with Subsection (1): (a) a court shall enter judgment for actual damages, that the court shall determine as at least the amount paid by the buyer to the credit services organization, plus reasonable attorney fees and costs; and (b) the court may award the buyer punitive damages. (3) The remedies provided under this chapter are in addition to any other procedures or remedies for a violation or conduct provided for in any other law. (4) (a) The division may maintain an action for damages or injunctive relief on behalf of the division or another person to enforce compliance with this chapter. (b) A court shall include in a judgment the court grants in favor of the division, in addition to any other monetary award or injunctive relief, an award of reasonable attorney fees, court costs, and costs of investigation.
Utah Code § 13-42-139 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-139
§ 13-42-139. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Utah Code § 13-65-203 — Utah Code / Title 13 / Chapter 13-65 / § 13-65-203
§ 13-65-203. 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) (a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (ii) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter. (b) In a court action by the division to enforce a provision of this chapter, the court may: (i) declare that an act or practice violates a provision of this chapter; (ii) issue an injunction for a violation of this chapter; (iii) order disgorgement of any money received in violation of this chapter; (iv) order payment of disgorged money to an injured purchaser or consumer; (v) impose a fine of up to $2,500 for each violation of this chapter; or (vi) award any other relief that the court deems reasonable and necessary. (3) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division: (a) reasonable attorney fees; (b) court costs; and (c) investigative fees. (4) (a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation. (b) A civil penalty authorized under this section may be imposed in any civil action brought by the division. (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 created in Section 13-2-109.
Utah Code § 13-12-4 — Utah Code / Title 13 / Chapter 13-12 / § 13-12-4
§ 13-12-4. Cancellation provisions -- Dealer or distributor -- Time limit to exercise.
Status: in_force

(1) Every dealer or distributor shall have the right, which may not be waived, to cancel his marketing agreement until midnight of the seventh business day after the day on which the buyer signs the marketing agreement or, if that agreement is oral, after the day on which the buyer agrees thereto. (2) Notice of cancellation shall be deemed to have been given when it is addressed to the distributor's or refiner's last known address, postage prepaid, and certified with a return receipt requested. (3) Unless within 10 days after delivery of that notice of cancellation the dealer returns to the distributor or refiner any money, equipment or merchandise loaned, sold or delivered to the dealer and delivers up full possession of the business location to the distributor or refiner, that notice of cancellation shall be null and void ab initio. (4) (a) Except as provided in this subsection, within 10 days after notice of cancellation is delivered to him, the distributor or refiner shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness. (b) If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received by the distributor or refiner. If the distributor or refiner fails to tender the goods as provided by this subsection, the dealer may elect to recover an amount equal to the allowance established by their agreement. (c) Notwithstanding the provisions of Subsection (3) until the distributor or refiner has complied with the obligations imposed by this subsection, the dealer may retain possession of goods delivered to him by the distributor or refiner and has a lien on the goods in his possession or control for any recovery to which he is entitled.
Utah Code § 13-58-102 — Utah Code / Title 13 / Chapter 13-58 / § 13-58-102
§ 13-58-102. Definitions.
Status: in_force

As used in this chapter: (1) "Agreement" means an agreement between: (a) a motorboat dealer; and (b) (i) a manufacturer; or (ii) a distributor. (2) "Distributor" means a person who: (a) has an agreement with a manufacturer of motorboats to distribute motorboats within this state; and (b) in whole or in part sells or distributes motorboats to motorboat dealers. (3) "Manufacturer" means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new motorboats for the purpose of sale or trade. (4) "Motorboat" means the same as that term is defined in Section 73-18-2. (5) "Motorboat dealer" means a person who: (a) is engaged in the business of buying, selling, offering for sale, or exchanging new motorboats either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise; and (b) has established in this state a place of business for the sale, lease, trade, or display of new motorboats.
Utah Code § 13-14-308 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-308
§ 13-14-308. Private right of action.
Status: in_force

(1) A franchisee has a private right of action for actual damages and reasonable attorney fees against a franchisor for a violation of this chapter that results in damage to the franchisee. (2) (a) As used in this Subsection (2): (i) "New franchisor" has the same meaning as defined in Section 13-14-302.5. (ii) "Reinstated franchise" has the same meaning as defined in Section 13-14-302.5. (iii) "Reinstated franchisee" has the same meaning as defined in Section 13-14-302.5. (b) A reinstated franchisee has a private right of action for actual damages and reasonable attorney fees against a new franchisor if: (i) the new franchisor: (A) establishes a new franchisee of the same line-make as a line-make of the reinstated franchisee within the relevant market area of the reinstated franchisee; or (B) adds a line-make to another franchisor's existing franchisee within the relevant market area of the reinstated franchisee that is the same line-make as a line-make of the reinstated franchisee; and (ii) the franchisor's action under Subsection (2)(b)(i) causes a substantial diminution in value of the reinstated franchisee's reinstated franchise. (c) A new franchisor may not be held liable under Subsection (2)(b) based on a franchisee's purchase of another existing franchise, both of which are within the relevant market area of a reinstated franchisee, for the purpose of combining the purchased franchise with the franchise of the purchasing franchisee.
Utah Code § 13-48a-301 — Utah Code / Title 13 / Chapter 13-48a / § 13-48a-301
§ 13-48a-301. Car-sharing company assumption of liability for a covered loss -- Exception.
Status: in_force

(1) Except as provided in Subsection (2), a car-sharing program shall assume liability of a shared vehicle owner for bodily injury or property damage to third parties or personal injury protection losses during the car-sharing period in an amount stated in the car-sharing agreement, which amount may not be less than those set forth in Section 31A-22-304. (2) Notwithstanding the definition of car-sharing termination time, the assumption of liability under Subsection (1) does not apply to a shared vehicle owner when: (a) a shared vehicle owner makes an intentional or fraudulent material misrepresentation or omission to the car-sharing program before the car-sharing period in which the loss occurred; or (b) acting in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car-sharing agreement. (3) Notwithstanding the definition of car-sharing termination time, the assumption of liability under Subsection (1) would apply to bodily injury, property damage, or personal injury protection losses by damaged third parties required by Section 31A-22-304.
Utah Code § 13-40-204 — Utah Code / Title 13 / Chapter 13-40 / § 13-40-204
§ 13-40-204. Relation to other law.
Status: in_force

The conduct prohibited by this part is of statewide concern, and this part's provisions supersede and preempt any provision of law of a political subdivision of the state.
Utah Code § 13-34-203 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-203
§ 13-34-203. Record keeping.
Status: in_force

(1) A postsecondary school shall maintain a student's official transcript and any diploma, degree, or certificate: (a) in an electronic format established by division rule in accordance with Section 13-34-103; and (b) for not less than 60 years. (2) A postsecondary school shall maintain an educational credential not described in Subsection (1): (a) in an electronic format established by division rule in accordance with Section 13-34-103; and (b) for not less than 10 years. (3) A postsecondary school shall maintain a student's enrollment agreement, record of the student's payment, and any financing agreement: (a) in an electronic format established by division rule in accordance with Section 13-34-103; and (b) for not less than 10 years. (4) (a) The division may require a postsecondary school to provide an educational credential to the division. (b) A postsecondary school shall provide a requested educational credential to the division within 14 days of a request from the division described in Subsection (4)(a). (5) Each educational credential that is not maintained in accordance with this section constitutes a separate violation of this chapter. (6) (a) A postsecondary school may submit to the division a written petition to request that the 60-year period described in Subsection (1) be reduced. (b) Upon receipt of a written petition from a postsecondary school, the division may reduce the 60-year period described in Subsection (1) if: (i) the reduced period will not substantially harm student interests; (ii) the reduced period is consistent with any applicable requirement imposed on the postsecondary school by its accreditor or by the United States Department of Education; and (iii) the postsecondary school demonstrates good cause for the reduced period.
Utah Code § 13-11-7 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-7
§ 13-11-7. Duties of division -- Civil penalty for violation of restraining or injunctive orders.
Status: in_force

(1) The division shall: (a) enforce this chapter throughout the state; (b) cooperate with state and local officials, officials of other states, and officials of the federal government in the administration of comparable statutes; (c) inform consumers and suppliers on a continuing basis of the provisions of this chapter and of acts or practices that violate this chapter; (d) receive and act on complaints; and (e) maintain a public file of final judgments rendered under this chapter that have been either reported officially or made available for public dissemination under Subsection (1)(c), final consent judgments, and to the extent the division considers appropriate, assurances of voluntary compliance. (2) (a) On motion of the division, or on the court's own motion, the court may impose a civil penalty of not more than $5,000 for each day a temporary restraining order, preliminary injunction, or permanent injunction issued under this chapter is violated, if the supplier received notice of the restraining or injunctive order. (b) Civil penalties imposed under this section shall be paid to the General Fund.
Utah Code § 13-43-206 — Utah Code / Title 13 / Chapter 13-43 / § 13-43-206
§ 13-43-206. Advisory opinion -- Process.
Status: in_force

(1) A request for an advisory opinion under Section 13-43-205 shall be: (a) filed with the Office of the Property Rights Ombudsman; and (b) accompanied by a filing fee of $150. (2) The Office of the Property Rights Ombudsman may establish policies providing for partial fee waivers for a person who is financially unable to pay the entire fee. (3) A person requesting an advisory opinion need not exhaust administrative remedies, including remedies described under Section 10-20-1109 or 17-79-1009, before requesting an advisory opinion. (4) The Office of the Property Rights Ombudsman shall: (a) deliver notice of the request to opposing parties indicated in the request; (b) inquire of all parties if there are other necessary parties to the dispute; and (c) deliver notice to all necessary parties. (5) If a governmental entity is an opposing party, the Office of the Property Rights Ombudsman shall deliver the request in the manner provided for in Section 63G-7-401. (6) (a) The Office of the Property Rights Ombudsman shall promptly determine if the parties can agree to a neutral third party to issue an advisory opinion. (b) If no agreement can be reached within four business days after notice is delivered in accordance with Subsections (4) and (5), the Office of the Property Rights Ombudsman shall appoint a neutral third party to issue an advisory opinion. (7) All parties that are the subject of the request for advisory opinion shall: (a) share equally in the cost of the advisory opinion; and (b) provide financial assurance for payment that the neutral third party requires. (8) The neutral third party shall comply with the provisions of Section 78B-11-109, and shall promptly: (a) seek a response from all necessary parties to the issues raised in the request for advisory opinion; (b) investigate and consider all responses; and (c) issue a written advisory opinion within 15 business days after the appointment of the neutral third party under Subsection (6)(b), unless: (i) the parties agree to extend the deadline; or (ii) the neutral third party determines that the matter is complex and requires additional time to render an opinion, which may not exceed 30 calendar days. (9) An advisory opinion shall include a statement of the facts and law supporting the opinion's conclusions. (10) (a) Copies of any advisory opinion issued by the Office of the Property Rights Ombudsman shall be delivered as soon as practicable to all necessary parties. (b) A copy of the advisory opinion shall be delivered to the government entity in the manner provided for in Section 63G-7-401. (11) An advisory opinion issued by the Office of the Property Rights Ombudsman is not binding on any party to, nor admissible as evidence in, a dispute involving land use law except as provided in Subsection (12). (12) Subject to Subsection (13), if the Office of the Property Rights Ombudsman issues an advisory opinion described in this section, and if the same issue that is the subject of the advisory opinion is subsequently litigated in court on a cause of action alleging the same facts and circumstances that are at issue in the advisory opinion, and if the court resolves the issue consistent with the advisory opinion, the court may award the substantially prevailing party: (a) reasonable attorney fees and court costs pertaining to the development of the cause of action from the date the Office of the Property Rights Ombudsman delivers the advisory opinion to the date of the court's resolution; and (b) if the court finds that the opposing party knowingly and intentionally violated the law governing the cause of action: (i) a civil penalty of $250 per day; and (ii) consequential damages; (13) (a) Subsection (12) does not apply unless the resolution described in Subsection (12)(a) is final. (b) The civil penalty described in Subsection (12)(b)(i): (i) begins to accrue on the later of: (A) 30 days after the day on which the Office of the Property Rights Ombudsman delivers the advisory opinion; or (B) the day on which the substantially prevailing party or opposing party filed the action in court; and (ii) ends the day on which the court enters a final judgment. (c) A court may not impose a civil penalty against a party under Subsection (12)(b)(i) unless the party is the land use applicant or a government entity. (14) In addition to any amounts awarded under Subsection (12), if the dispute described in Subsection (12) in whole or in part concerns an impact fee, and if the result of the litigation requires that the political subdivision or private entity refund the impact fee in accordance with Section 11-36a-603, the political subdivision or private entity shall refund the impact fee in an amount that is based on the difference between the impact fee paid and what the impact fee should have been if the political subdivision or private entity had correctly calculated the impact fee. (15) Nothing in this section is intended to create a new cause of action under land use law. (16) Unless filed by the local government, a request for an advisory opinion under Section 13-43-205 does not stay the progress of a land use application, the effect of a land use decision, or the condemning entity's occupancy of a property.
Utah Code § 13-39-203 — Utah Code / Title 13 / Chapter 13-39 / § 13-39-203
§ 13-39-203. Rulemaking authority.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the unit shall make rules to establish procedures under which: (1) (a) a person may register a contact point with the unit under Section 13-39-201, including: (i) the information necessary to register an instant message identity; and (ii) for purposes of Subsection 13-39-102(2)(e), an electronic address that is similar to a contact point listed in Subsection 13-39-102(2); and (b) a school or other institution that primarily serves minors may register its domain name with the unit under Section 13-39-201; (2) the unit shall: (a) provide a mechanism under which a person described in Subsection 13-39-201(3) may verify compliance with the registry to remove registered contact points from the person's communications; and (b) establish the mechanism described in Subsection (2)(a) in a manner that protects the privacy and security of a contact point registered with the unit under Section 13-39-201; and (3) the unit may: (a) implement a program offering discounted fees to a sender who meets enhanced security conditions established and verified by the unit, the third party registry provider, or a designee; and (b) allow the third party registry provider to assist in any public or industry awareness campaign promoting the registry.
Utah Code § 13-51-106 — Utah Code / Title 13 / Chapter 13-51 / § 13-51-106
§ 13-51-106. Transportation network driver drug or alcohol use policy.
Status: in_force

(1) A transportation network company shall implement a policy that: (a) provides that a transportation network driver may not use a drug or alcohol or be under the influence of a drug or alcohol while providing transportation network services; (b) is posted on the transportation network company's website or software application; and (c) provides procedures for a passenger to report to the transportation network company a transportation network driver who the passenger suspects violated the policy. (2) If a transportation network company receives a complaint about a transportation network driver under Subsection (1)(c), the transportation network company shall: (a) suspend the transportation network company driver; and (b) conduct an investigation into the transportation network company driver and the conduct alleged in the complaint. (3) A transportation network company shall maintain records related to a complaint or investigation under this section for a minimum of two years after the day on which the transportation network company receives the complaint.
Utah Code § 13-11-17 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-17
§ 13-11-17. Actions by the division.
Status: in_force

(1) The division may bring an action in a court with jurisdiction to: (a) obtain a declaratory judgment that an act or practice violates this chapter; (b) enjoin, in accordance with the principles of equity, a supplier that has violated, is violating, or is otherwise likely to violate this chapter; (c) order disgorgement of money or any thing of value received in violation of this chapter; (d) recover, for each violation, restitution for actual damages, or obtain relief under Subsection (2)(b), on behalf of impacted consumers; and (e) obtain a fine in an amount determined after considering the factors in Subsection (6). (2) (a) The division may bring a class action on behalf of consumers for the actual damages caused by an act or practice specified as violating this chapter in a rule adopted by the division under Section 13-11-9 before the consumer transactions on which the action is based, or declared to violate Section 13-11-4 or 13-11-5 by final judgment of courts of general jurisdiction and appellate courts of this state that was either reported officially or made available for public dissemination under Subsection 13-11-7(1)(c) by the division 10 days before the consumer transactions on which the action is based, or, with respect to a supplier who agreed to a consent judgment, was prohibited specifically by the terms of a consent judgment that became final before the consumer transactions on which the action is based. (b) (i) On motion of the division and without bond in an action under this Subsection (2), the court may make appropriate orders, including appointment of a master or receiver or sequestration of assets, but only if it appears that the defendant is threatening or is about to remove, conceal, or dispose of the defendant's property to the damage of persons for whom relief is requested. (ii) An appropriate order described in Subsection (2)(b)(i) may include an order to: (A) reimburse consumers found to have been damaged; (B) carry out a transaction in accordance with consumers' reasonable expectations; (C) strike or limit the application of unconscionable clauses of contracts to avoid an unconscionable result; (D) impose a fine in an amount determined after considering the factors listed in Subsection (6); or (E) grant other appropriate relief. (iii) The court may assess the expenses of a master or receiver against a supplier. (c) If an act or practice that violates this chapter unjustly enriches a supplier and damages can be computed with reasonable certainty, damages recoverable on behalf of consumers who cannot be located with due diligence shall be transferred to the state treasurer in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act. (d) If a supplier shows by a preponderance of the evidence that a violation of this chapter resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error, recovery under this Subsection (2) is limited to the amount, if any, by which the supplier was unjustly enriched by the violation. (3) (a) (i) The division may terminate an investigation or an action other than a class action upon acceptance of the supplier's written assurance of voluntary compliance with this chapter. (ii) Acceptance of an assurance may be conditioned on a commitment to reimburse consumers or take other appropriate corrective action. (b) (i) An assurance is not evidence of a prior violation of this chapter. (ii) Unless an assurance has been rescinded by agreement of the parties or voided by a court for good cause, subsequent failure to comply with the terms of an assurance is prima facie evidence of a violation. (4) (a) In addition to other penalties and remedies set out under this chapter, and in addition to the division's other enforcement powers under Chapter 2, Division of Consumer Protection, the division director may issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter. (b) All money received through fines imposed under this section shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-109. (5) (a) Within 30 days after agency review or, if appealed to a court with jurisdiction, 30 days after judicial review of a final division order imposing an administrative fine, the supplier on whom the fine is imposed shall pay the fine in full. (b) The unpaid amount of a fine is increased by 10%: (i) if the fine has not been paid in full within 60 days after the final division order imposing the fine; and (ii) unless the division waives the 10% increase in a stipulated payment plan. (6) A court shall determine the fine imposed under Subsection (1)(e) or Subsection (2)(b)(ii)(D) after considering the following factors: (a) the seriousness, nature, circumstances, extent, and persistence of the conduct constituting the violation, including whether the supplier acted knowingly or intentionally to deceive; (b) the harm to other persons resulting either directly or indirectly from the violation; (c) cooperation by the supplier in an inquiry or investigation conducted by the division concerning the violation; (d) efforts by the supplier to prevent occurrences of the violation; (e) efforts by the supplier to mitigate the harm caused by the violation, including a reimbursement made to a consumer injured by the act of the supplier; (f) the history of previous violations by the supplier; (g) the need to deter the supplier or other suppliers from committing the violation in the future; (h) whether the individual harmed by the violation was a vulnerable adult; and (i) other matters as justice may require.
Utah Code § 13-7-4 — Utah Code / Title 13 / Chapter 13-7 / § 13-7-4
§ 13-7-4. Business establishment, place of public accommodation, or enterprise regulated by the state denying rights deemed public nuisance -- Investigation and conciliation -- Action to enjoin -- Civil action for damages -- Expenses of defending action.
Status: in_force

Any business establishment or place of public accommodation or enterprise regulated by the state in which a violation of the rights provided in Section 13-7-3 of this chapter occurs is a public nuisance. The operator of any such business establishment or place of public accommodation or enterprise regulated by the state is guilty of maintaining a public nuisance and may be enjoined as hereinafter provided. (1) Upon application to the attorney general by any person denied the rights guaranteed by Section 13-7-3, the attorney general shall investigate and seek to conciliate the matter. (2) An action to enjoin any nuisance defined in this section may be brought in the name of the state of Utah by the attorney general. Upon the trial of the cause, on finding that the material allegations of the complaint are true, the court shall order such nuisance to be abated, and enjoin all persons from maintaining or permitting such nuisance. When any injunction as herein provided has been granted it shall be binding upon the defendant and shall act as an injunction in personam against the defendant throughout the state. (3) Any person who is denied the rights provided for in Section 13-7-3 shall have a civil action for damages and any other remedy available in law or equity against any person who denies that person the rights provided for in Section 13-7-3 or who aids, incites or conspires to bring about such denial. (4) Any business establishment or place of public accommodation or enterprises regulated by the state charged with maintaining a public nuisance in violation of this chapter, which is determined or found not to be in violation of this chapter, may be awarded all actual and necessary expenses incurred in defending such action, as determined and approved by the court having jurisdiction of the matter.
Utah Code § 13-1a-104 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-104
§ 13-1a-104. Employment and compensation of personnel -- Compensation of director.
Status: in_force

10/1/2026 (1) The director, with the approval of the executive director, may employ personnel necessary to carry out the duties and responsibilities of the division at salaries the executive director establishes according to standards that the Division of Human Resource Management establishes. (2) The executive director shall establish the salary of the director according to standards that the Division of Human Resource Management establishes.
Utah Code § 13-1-7 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-7
§ 13-1-7. Budgets.
Status: in_force

The department shall prepare and submit to the governor a proposed budget for each division or agency within the department to be included in the budget submitted by the governor to the Legislature for the fiscal year following the convening of the Legislature in an annual general session.
Utah Code § 13-79-103 — Utah Code / Title 13 / Chapter 13-79 / § 13-79-103
§ 13-79-103. Duties and jurisdiction of office.
Status: in_force

(1) The attorneys of the office shall: (a) develop and maintain expertise in and understanding of issues and statutes impacting unit owners, lot owners, associations of lot owners, and associations of unit owners; and (b) upon request: (i) analyze a complaint from a lot owner, a unit owner, an association of lot owners, or an association of unit owners regarding the conduct of a lot owner, a unit owner, an association of lot owners, or an association of unit owners; and (ii) provide an advisory opinion as described in Section 13-79-104. (2) (a) Neither the office nor the office's attorneys may represent private parties, state agencies, local governments, or any other individual or entity in a legal action that arises from or relates to a matter addressed in this chapter. (b) No attorney of the office may be compelled to testify in a civil action filed concerning the subject matter of any review or advisory opinion arranged through the office. (3) Except as provided in Subsection 13-79-104(10), evidence of a review by the office and the opinions, writings, findings, and determinations of the office are not admissible as evidence in a judicial action or arbitration. (4) The office shall: (a) analyze a complaint and issue an advisory opinion only for issues relating to a violation of a state statute; (b) make public each advisory opinion the office issues in accordance with Subsection (4)(a); (c) provide, on the office's website: (i) a list of statutes that impact unit owners, lot owners, associations of lot owners, and associations of unit owners; and (ii) a list of frequently asked questions that the office receives and answers to those questions; (d) publish educational materials on the office's website providing, in simple and easy to understand language, a brief overview of state law governing associations of unit owners and associations of lot owners, including: (i) a description of the rights and responsibilities provided in Title 57, Chapter 8, Condominium Ownership Act, to a party under the jurisdiction of Title 57, Chapter 8, Condominium Ownership Act; (ii) a description of the rights and responsibilities provided in Title 57, Chapter 8a, Community Association Act, to a party under the jurisdiction of Title 57, Chapter 8a, Community Association Act; and (iii) instructions regarding how an association of unit owners or an association of lot owners may be organized and dismantled in accordance with this chapter; and (e) direct an individual that makes a phone call to the office to the resources described in this Subsection (4). (5) The office may not provide any service that requires interpreting the governing documents of an association of lot owners or the governing documents of an association of unit owners, including determining whether a provision of the governing documents is reasonable. (6) An action that an attorney employed by the office takes within the scope of the attorney's employment in the office does not create an attorney-client relationship between the office or the office's attorneys and any of the following: (a) a lot owner; (b) a unit owner; (c) an association of lot owners; or (d) an association of unit owners.
Utah Code § 13-35-104 — Utah Code / Title 13 / Chapter 13-35 / § 13-35-104
§ 13-35-104. Powers and duties of  the executive director.
Status: in_force

(1) The executive director shall: (a) administer and enforce this chapter; and (b) make rules for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) (a) An adjudicative proceeding under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (b) In an adjudicative proceeding under this chapter, any order issued by the executive directorshall comply with Section 63G-4-208, whether the proceeding is a formal or an informal adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 13-22-102 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-102
§ 13-22-102. Investigative and enforcement powers -- Education.
Status: in_force

(1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (2) (a) The division may audit or investigate as necessary to determine whether a person is violating, has violated, or is about to violate a provision of this chapter or a rule made or order issued under this chapter. (b) As part of an investigation the division conducts in accordance with this Subsection (2), the division may: (i) require a person to file a statement in writing; (ii) administer oaths, subpoena witnesses and compel a witness to attend, compel sworn responses to written questions, take evidence, and examine under oath a person in connection with an investigation; and (iii) require the production of books, papers, documents, merchandise, or other material relevant to the investigation. (3) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (a) the director may impose an administrative fine of up to $2,500 for each violation of this chapter; or (b) the division may bring an action in a court with jurisdiction to enjoin the act or practice constituting the violation or to enforce compliance with this chapter or a rule made or order issued under this chapter. (4) Upon a proper showing, the court hearing an action brought under Subsection (3)(b) may: (a) issue an injunction; (b) declare that an act or practice violates a provision of this chapter; (c) appoint a receiver for the defendant or the defendant's assets; (d) order disgorgement of any money received in violation of this chapter; (e) order payment of money described in Subsection (4)(d) to an injured consumer; (f) order rescission of an agreement that violates this chapter; (g) impose a fine of up to $2,500 for each violation of this chapter; and (h) award any other relief the court determines reasonable and necessary. (5) If a court with jurisdiction grants judgment or injunctive relief to the division, the court shall award the division: (a) reasonable attorney fees; (b) court costs; and (c) investigative fees. (6) In assessing the amount of a fine or penalty under Subsection (3)(a), or (4)(g) the director or court imposing the fine or penalty may consider the gravity of the violation. (7) (a) A person that violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of up to $5,000 for each violation. (b) A court may impose a civil penalty authorized under this section in a civil action brought by the division. (8) (a) The division may provide or contract to provide public education and voluntary education for applicants and registrants under this chapter. (b) The public education that the division provides or contracts to provide under this Subsection (8) may: (i) be in the form of publications, advertisements, seminars, courses, or other appropriate means; and (ii) include: (A) the requirements, prohibitions, and regulated practices under this chapter; (B) suggestions for effective financial and organizational practices for charitable organizations; (C) charitable giving and charitable solicitation; (D) potential problems with charitable solicitations and fraudulent or deceptive practices; and (E) any other matter relevant to the subject of this chapter. (9) Nothing in this chapter limits other available rights or remedies authorized under the laws of this state or the United States.
Utah Code § 13-43-201 — Utah Code / Title 13 / Chapter 13-43 / § 13-43-201
§ 13-43-201. Office of the Property Rights Ombudsman.
Status: in_force

(1) There is created an Office of the Property Rights Ombudsman in the Department of Commerce. (2) The executive director of the Department of Commerce, with the concurrence of the Land Use and Eminent Domain Advisory Board created in Section 13-43-202, shall appoint attorneys with background or expertise in takings, eminent domain, and land use law to fill legal positions within the Office of the Property Rights Ombudsman. (3) A person appointed under this section is an exempt employee. (4) An attorney appointed under this section is an at-will employee who may be terminated without cause by: (a) the executive director of the Department of Commerce; or (b) an action of the land Use and Eminent Domain Advisory Board.
Utah Code § 13-1b-202 — Utah Code / Title 13 / Chapter 13-1b / § 13-1b-202
§ 13-1b-202. Powers of the director and the office.
Status: in_force

(1) The director may employ personnel necessary to carry out the duties and responsibilities of the office at salaries determined by the executive director in accordance with standards established by the Division of Human Resource Management. (2) The office may: (a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the responsibilities of the office described in this chapter, including rules creating criteria for conducting a sunrise review or a periodic review; (b) make recommendations to other state executive branch agencies regarding regulated occupations; and (c) survey stakeholders regarding appropriate criteria for conducting a sunrise review or a periodic review. (3) A state executive branch agency may adopt or reject a recommendation described in Subsection (2)(b).
Utah Code § 13-45-101 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-101
§ 13-45-101. Title.
Status: in_force

This chapter is known as the "Consumer Credit Protection Act."
Utah Code § 13-50-102 — Utah Code / Title 13 / Chapter 13-50 / § 13-50-102
§ 13-50-102. Definitions.
Status: in_force

As used in this chapter: (1) "Rebate" means: (a) any allowance or discount against charged fees; or (b) payment of any form of compensation, except for an item of nominal value, to: (i) an insured; or (ii) a person directly or indirectly associated with a residential building. (2) "Repair work" means any work done to siding, gutters, a roof system, or a window system to repair damage caused by wind or hail. (3) "Residential building" means a single or multiple family dwelling of up to four units. (4) "Residential contractor" means a person that, for compensation, other than wages as an employee, contracts or offers to contract to: (a) perform repair work on a residential building; (b) arrange for, manage, or process repair work on a residential building; or (c) serve as a representative, agent, or assignee of the owner or possessor of a residential building for purposes of repair work on the residential building. (5) "Roof system" includes roof coverings, roof sheathing, roof weatherproofing, roof framing, roof ventilation, and roof insulation.
Utah Code § 13-51-102 — Utah Code / Title 13 / Chapter 13-51 / § 13-51-102
§ 13-51-102. Definitions.
Status: in_force

(1) "Division" means the Division of Consumer Protection established in Section 13-2-102. (2) "Prearranged ride" means a period of time that: (a) begins when the transportation network driver accepts a passenger's request for a ride through the transportation network company's software application; and (b) ends when the passenger exits the transportation network driver's vehicle. (3) "Software application" means an internet-connected software platform, including a mobile application, that a transportation network company uses to: (a) connect a transportation network driver to a passenger; and (b) process passenger requests. (4) "Transportation network company" means an entity that: (a) uses a software application to connect a passenger to a transportation network driver providing transportation network services; (b) is not: (i) a taxicab, as that term is defined in Section 53-3-102; or (ii) a motor carrier, as that term is defined in Section 72-9-102; and (c) except in certain cases involving a motor vehicle with a level four or five automated driving system, as defined in Section 41-26-102.1, does not own, control, operate, or manage the vehicle used to provide the transportation network services. (5) "Transportation network driver" means: (a) an individual who: (i) pays a fee to a transportation network company, and, in exchange, receives a connection to a potential passenger from the transportation network company; (ii) operates a motor vehicle that: (A) the individual owns, leases, or is authorized to use; and (B) the individual uses to provide transportation network services; and (iii) receives, in exchange for providing a passenger a ride, compensation that exceeds the individual's cost to provide the ride; or (b) a level four or five automated driving system, as that term is defined in Section 41-26-102.1, when the automated driving system operates the vehicle and is used to provide a passenger a ride in exchange for compensation. (6) "Transportation network services" means, for a transportation network driver providing services through a transportation network company: (a) providing a prearranged ride; or (b) being engaged in a waiting period. (7) "Waiting period" means a period of time when: (a) a transportation network driver is logged into a transportation network company's software application; and (b) the transportation network driver is not engaged in a prearranged ride.
Utah Code § 13-14b-105 — Utah Code / Title 13 / Chapter 13-14b / § 13-14b-105
§ 13-14b-105. Relief.
Status: in_force

(1) A dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted under this chapter to a supplier if a supplier: (a) fails to make payment in accordance with the provisions of this chapter; (b) wrongfully rejects the dealer's warranty claim; or (c) violates any other provision of this chapter. (2) The court shall award the dealer costs and reasonable attorney's fees if it finds that the supplier has committed a violation under Subsection (1)(a), (b), or (c).
Utah Code § 13-78-103 — Utah Code / Title 13 / Chapter 13-78 / § 13-78-103
§ 13-78-103. Regulation of earned wage access services.
Status: in_force

(1) A provider is exempt from Title 7, Financial Institutions Act, and Title 12, Collection Agencies. (2) A provider shall: (a) develop and implement procedures to address consumer questions and complaints; (b) before entering into an agreement for earned wage access services with a consumer, clearly and conspicuously disclose: (i) the consumer's rights under the agreement; (ii) all fees; and (iii) any voluntary tip, gratuity, or donation opportunities; (c) (i) obtain customer consent to changes to terms and conditions of the earned wage access services; or (ii) clearly and conspicuously disclose any material changes to terms and conditions of the earned wage access services at least 30 days before the effective date of the material changes; (d) allow a consumer to cancel the use of earned wage access services at any time without incurring a penalty; (e) offer at least one no-fee option to receive funds and clearly and conspicuously disclose how to select the no-fee option to receive funds; (f) comply with all applicable local, state, and federal privacy and information security laws; (g) deliver funds through any method agreed upon by the consumer and provider; (h) reimburse overdraft or non-sufficient fund fees the consumer incurs as a result of the provider's error in disclosed or actual payment amount or payment date unless the funds were acquired by a consumer through fraudulent means; (i) clearly and conspicuously disclose the voluntary nature of tips, gratuities, or donations and ensure the availability or terms of the earned wage access services are not contingent upon the payment of tips, gratuities, or donations; (j) provide information to a consumer on how to file a complaint with the division; (k) provide the following disclosures to a consumer at the time the consumer makes a request for funds: (i) the anticipated timeline the consumer will receive the requested funds; (ii) the amount of funds the consumer has requested; (iii) the amount of the fee charged; (iv) the amount of funds the consumer will receive; (v) the account that will receive the funds; and (vi) the date the provider is authorized to withdraw funds from the consumer's account, including fees and voluntary payments; and (l) before initiating an advance, require the customer to acknowledge receiving the opportunity to view all disclosures listed in Subsection (2)(k) and any costs and fees. (3) A provider may not: (a) compel a consumer to repay funds by: (i) using or threatening to use civil lawsuits, outbound calls, third-party collections, or debt sales; (ii) reporting or threatening to report nonpayment to consumer reporting agencies; or (iii) charging or threatening to charge interest, finance charges, late fees, or other penalties for nonpayment; (b) use a consumer's credit report or credit score as defined by 15 U.S.C. Sec. 1681 et seq., to determine eligibility for earned wage access services; (c) accept payment with a credit card or charge card; (d) condition receipt of funds based on fees, tips, gratuities, or donations; (e) mislead a consumer about the voluntary nature of tips, gratuities, or donations; (f) charge a consumer a fee, interest, or any other penalty for failure to repay outstanding proceeds, fees, tips, or gratuities; (g) provide earned wage access services in this state without first registering with the division; (h) represent that the division or the state endorses the provider; (i) omit from a filing with the division a material statement of fact that this chapter or a rule the division makes in accordance with this chapter requires; or (j) include in a filing with the division a material statement of fact that the provider or the provider's principal knows or should know is false, deceptive, inaccurate, or misleading. (4) Each act performed in violation of Subsection (3) is a separate violation of this chapter. (5) The provider may prohibit a consumer from requesting a transaction if the consumer has outstanding unpaid proceeds from a previous transaction with the provider. (6) A provider is not entitled to the exemption described by Subsection 13-11-22(1)(d).
Utah Code § 13-50-304 — Utah Code / Title 13 / Chapter 13-50 / § 13-50-304
§ 13-50-304. Violation of part.
Status: in_force

A post-loss assignment of rights or benefits entered into with a residential contractor is void if the residential contractor violates a provision of this part.
Utah Code § 13-22-101 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-101
§ 13-22-101. Definitions.
Status: in_force

As used in this chapter: (1) "Chapter" means a chapter, branch, area, office, or similar affiliate of a charitable organization. (2) (a) "Charitable organization" means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity that: (i) is or claims to be established for any charitable purpose; (ii) solicits or obtains contributions solicited from the public for a charitable purpose; or (iii) employs a charitable appeal as the basis of a charitable solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to a charitable solicitation. (b) "Charitable organization" includes a chapter or a person who solicits contributions within the state for a charitable organization. (c) "Charitable organization" does not include a political organization. (3) "Charitable purpose" means: (a) any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective; or (b) for the benefit of a public safety, law enforcement, or firefighter fraternal association. (4) "Charitable sales promotion" means an advertising or sales campaign, conducted by a commercial co-venturer, that represents that the purchase or use of goods or services that the commercial co-venturer offers will benefit, in whole or in part, a charitable organization or purpose. (5) (a) "Charitable solicitation" means a person's request, directly or indirectly, for money, credit, property, financial assistance, or another thing of value based on the plea or representation that the person will use the money, credit, property, financial assistance, or any other thing of value for a charitable purpose. (b) "Charitable solicitation" includes: (i) any of the following done, or purporting to be done, for a charitable purpose: (A) an oral or a written request, including a request by telephone, radio, television, or other advertising or communications media; (B) the distribution, circulation, or posting of a handbill, written advertisement, or publication; or (C) an application or other request for a private grant or, if made by an individual, a public grant; (ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which a person makes an appeal for a charitable purpose; (iii) a person's use of the name of a charitable organization or movement as an inducement or reason for making a purchase or donation; or (iv) in connection with a sale or donation, a person stating or implying that the person will give or donate all or a part of the proceeds of a sale or donation to a charitable purpose. (c) "Charitable solicitation" does not include an entity's application or other request for a public grant. (6) "Commercial co-venturer" means a person that for profit regularly and primarily engages in trade or commerce other than in connection with soliciting for a charitable organization or purpose. (7) (a) "Contribution" means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following: (i) a gift, subscription, loan, advance, or deposit of money or anything of value; (ii) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or (iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. (b) "Contribution" does not include: (i) money a financial institution loans to a charitable organization in the ordinary course of business; or (ii) fees, dues, or assessments members pay when membership is not conferred solely as consideration for making a contribution. (8) "Contributor" means a donor, pledgor, purchaser, or other person that makes a contribution. (9) "Director" means the director of the division. (10) "Division" means the Division of Consumer Protection established by Section 13-2-101. (11) (a) "Exempt function" means the function of influencing or attempting to influence the selection, nomination, election, or appointment of an individual to a federal, state, or local public office or an office in a political organization, or the election of presidential or vice-presidential electors, regardless of whether the individual or the electors are selected, nominated, elected, or appointed. (b) "Exempt function" includes making an expenditure relating to an office described in Subsection (11)(a) which, if incurred by the individual, would be allowable as a deduction under section 162(a) of 26 I.R.C. Sec. 1.162-20. (12) "Foreign nonprofit corporation" means the same as that term is defined in Section 16-6a-102. (13) "Material fact" means information that an individual of ordinary intelligence and prudence would consider relevant in deciding whether to make a contribution in response to a charitable solicitation. (14) "Nonprofit corporation" means the same as that term is defined in Section 16-6a-102. (15) "Political organization" means an incorporated or unincorporated party, committee, association, fund, or other organization organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures for an exempt function. (16) (a) "Professional fundraiser" means a person that: (i) for compensation or other consideration, for or on behalf of a charitable organization that is a nonprofit corporation, or other person that is not a political organization: (A) solicits a contribution; or (B) promotes or sponsors the charitable solicitation of a contribution; (ii) (A) for compensation or other consideration, plans, manages, consults, or prepares material for, or with respect to, the charitable solicitation of contributions for a charitable organization that is a nonprofit corporation, or other person that is not a political organization; and (B) at any time has custody of a contribution for the charitable organization; (iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization that is a nonprofit corporation; (iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or (v) uses a vending device or vending device decal for financial or other consideration that implies a charitable solicitation of contributions or donations for a charitable organization or charitable purposes. (b) "Professional fundraiser" does not include: (i) an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-time employee of a charitable organization; (ii) an attorney, investment counselor, or banker who, in the conduct of that individual's profession, advises a client regarding legal, investment, or financial advice; (iii) an individual who tangentially prepares materials, including an individual who: (A) makes copies; (B) cuts or folds flyers; or (C) creates a graphic design or other artwork without providing strategic or campaign-related input; or (iv) a political organization. (17) (a) "Professional fundraising consultant" means an individual who: (i) for compensation or other consideration, plans, manages, consults, or prepares material for, or with respect to, the charitable solicitation of contributions for a charitable organization that is a nonprofit corporation or any other person that is not a political organization; (ii) does not solicit contributions; (iii) does not at any time have custody of a contribution from a charitable solicitation; and (iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. (b) "Professional fundraising counsel or consultant" does not include: (i) an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-time employee of a charitable organization; (ii) an attorney, investment counselor, or banker who, in the conduct of that person's profession, advises a client regarding legal, investment, or financial advice; or (iii) an individual who tangentially prepares materials, including an individual who: (A) makes copies; (B) cuts or folds flyers; or (C) creates a graphic design or other artwork without providing strategic or campaign-related input. (18) "Public grant" means the same as the term "grant" is defined in Section 63G-6a-103. (19) (a) "Vending device" means a container used by a charitable organization or professional fundraiser, for the purpose of collecting a charitable solicitation, contribution, or donation whether or not the device offers a product or item in return for the contribution or donation. (b) "Vending device" includes machines, boxes, jars, wishing wells, barrels, or any other container. (20) "Vending device decal" means a decal, tag, or similar designation material that is attached to a vending device, regardless of whether a charitable organization or professional fundraiser uses or places the decal, tag, or similar designation material, that would indicate that all or a portion of the proceeds from the purchase of items from the vending device will go to a specific charitable organization.
Utah Code § 13-52-301 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-301
§ 13-52-301. Division enforcement authority -- Administrative fine.
Status: in_force

(1) Subject to Subsection (2), the division may enforce the provisions of this chapter by: (a) conducting an investigation into an alleged violation of this chapter; (b) issuing a cease and desist order against a further violation of this chapter; (c) imposing an administrative fine of up to $2,500 for each violation of this chapter; and (d) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter. (2) In a court action by the division 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) The division shall, in its discretion: (a) deposit an administrative fine collected under Subsection (1)(c) in the Consumer Protection Education and Training Fund created in Section 13-2-109; or (b) distribute an administrative fine collected under Subsection (1)(c) to a customer adversely affected by the solar retailer's failure or violation resulting in a fine under Subsection (1)(c), if the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer. (4) Nothing in this chapter may be construed to affect: (a) a remedy a customer has independent of this chapter; or (b) the division's ability or authority to enforce any other law or regulation.
Utah Code § 13-10b-201 — Utah Code / Title 13 / Chapter 13-10b / § 13-10b-201
§ 13-10b-201. Unlawful recording of a motion picture -- Penalties.
Status: in_force

(1) It is unlawful for any individual to knowingly operate the audiovisual recording function of any camcorder or similar device in a motion picture theater: (a) while a motion picture is being exhibited; and (b) without the consent of the motion picture theater owner or operator. (2) (a) A violation of this section is a class A misdemeanor. (b) A second or subsequent violation of this section is a third degree felony.
Utah Code § 13-24-4 — Utah Code / Title 13 / Chapter 13-24 / § 13-24-4
§ 13-24-4. Damages.
Status: in_force

(1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret. (2) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under Subsection (1).
Utah Code § 13-2-104 — Utah Code / Title 13 / Chapter 13-2 / § 13-2-104
§ 13-2-104. Employment of personnel -- Compensation of director.
Status: in_force

(1) The director, with the approval of the executive director, may employ personnel necessary to carry out the duties and responsibilities of the division at salaries established by the executive director according to standards established by the Division of Human Resource Management. (2) The executive director shall establish the salary of the director according to standards established by the Division of Human Resource Management. (3) The director may employ specialists, technical experts, or investigators to participate or assist in an investigation if the investigation reasonably requires expertise beyond that normally required for division personnel. (4) (a) Subject to Subsection (4)(b), the director may designate an investigator employed in accordance with Subsection (3) as a special function officer, as that term is defined in Section 53-13-105. (b) An investigator designated as a special function officer in accordance with Subsection (4)(a) is not eligible for retirement benefits under the Public Safety Employee's Retirement System.
Utah Code § 13-14-302 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-302
§ 13-14-302. Issuance of additional franchises -- Relocation of existing franchisees.
Status: in_force

(1) Except as provided in Subsection (7), a franchisor shall provide the notice and documentation required under Subsection (3) if the franchisor seeks to: (a) enter into a franchise agreement establishing a motor vehicle dealership within a relevant market area where the same line-make is represented by another franchisee; or (b) relocate an existing motor vehicle franchisee. (2) In determining whether a new or relocated dealership is within a relevant market area where the same line-make is represented by an existing dealership, the relevant market area is measured from the closest property boundary line of the existing dealership to the closest property boundary line of the new or relocated dealership. (3) (a) If a franchisor seeks to take an action listed in Subsection (1), before taking the action, the franchisor shall, in writing, notify the executive director, the clerk of each affected municipality, and each franchisee in that line-make in the relevant market area. (b) The notice required by Subsection (3)(a) shall: (i) specify the intended action described under Subsection (1); (ii) specify the good cause on which it intends to rely for the action; and (iii) be delivered by registered or certified mail or by any form of reliable delivery through which receipt is verifiable. (4) (a) Except as provided in Subsection (4)(c), the franchisor shall provide to the executive director, each affected municipality, and each franchisee in that line-make in the relevant market area the following documents relating to the notice described under Subsection (3): (i) (A) any aggregate economic data and all existing reports, analyses, or opinions based on the aggregate economic data that were relied on by the franchisor in reaching the decision to proceed with the action described in the notice; and (B) the aggregate economic data under Subsection (4)(a)(i)(A) includes: (I) motor vehicle registration data; (II) market penetration data; and (III) demographic data; (ii) written documentation that the franchisor has in the franchisor's possession that it intends to rely on in establishing good cause under Section 13-14-306 relating to the notice; (iii) a statement that describes in reasonable detail how the establishment of a new franchisee or the relocation of an existing franchisee will affect the amount of business transacted by other franchisees of the same line-make in the relevant market area, as compared to business available to the franchisees; and (iv) a statement that describes in reasonable detail how the establishment of a new franchisee or the relocation of an existing franchisee will be beneficial or injurious to the public welfare or public interest. (b) The franchisor shall provide the documents described under Subsection (4)(a) with the notice required under Subsection (3). (c) The franchisor is not required to disclose any documents under Subsection (4)(a) if: (i) the documents would be privileged under the Utah Rules of Evidence; (ii) the documents contain confidential proprietary information; (iii) the documents are subject to federal or state privacy laws; (iv) the documents are correspondence between the franchisor and existing franchisees in that line-make in the relevant market area; or (v) the franchisor reasonably believes that disclosure of the documents would violate: (A) the privacy of another franchisee; or (B) Section 13-14-201. (5) (a) Within 30 days of receiving notice required by Subsection (3), any franchisee that is required to receive notice under Subsection (3) may protest to the executive director the establishment or relocation of the dealership. (b) No later than 10 days after the day on which a protest is filed, the department shall inform the franchisor that: (i) a timely protest has been filed; (ii) a hearing is required; (iii) the franchisor may not establish or relocate the proposed dealership until the executive director has held a hearing; and (iv) the franchisor may not establish or relocate a proposed dealership if the executive director determines that there is not good cause for permitting the establishment or relocation of the dealership. (6) If multiple protests are filed under Subsection (5), hearings may be consolidated to expedite the disposition of the issue. (7) Subsections (1) through (6) do not apply to a relocation of an existing or successor dealer to a location that is: (a) within the same county and less than two miles from the existing location of the existing or successor franchisee's dealership; or (b) further away from a dealership of a franchisee of the same line-make. (8) For purposes of this section: (a) relocation of an existing franchisee's dealership in excess of two miles from the dealership's existing location is considered the establishment of an additional franchise in the line-make of the relocating franchise; (b) the reopening in a relevant market area of a dealership that has not been in operation for one year or more is considered the establishment of an additional motor vehicle dealership; and (c) (i) except as provided in Subsection (8)(c)(ii), the establishment of a temporary additional place of business by a recreational vehicle franchisee is considered the establishment of an additional motor vehicle dealership; and (ii) the establishment of a temporary additional place of business by a recreational vehicle franchisee is not considered the establishment of an additional motor vehicle dealership if the recreational vehicle franchisee is participating in a trade show where three or more recreational vehicle dealers are participating.
Utah Code § 13-39-202 — Utah Code / Title 13 / Chapter 13-39 / § 13-39-202
§ 13-39-202. Prohibition of sending certain materials to a registered contact point -- Exception for consent.
Status: in_force

(1) A person may not send, cause to be sent, or conspire with a third party to send a communication to a contact point or domain that has been registered for more than 30 calendar days with the unit under Section 13-39-201 if the communication: (a) has the primary purpose of advertising or promoting a product or service that a minor is prohibited by law from purchasing; or (b) contains or has the primary purpose of advertising or promoting material that is harmful to minors, as defined in Section 76-5c-101. (2) Except as provided in Subsection (4), consent of a minor is not a defense to a violation of this section. (3) An Internet service provider does not violate this section for solely transmitting a message across the network of the Internet service provider. (4) (a) Notwithstanding Subsection (1), a person may send a communication to a contact point if, before sending the communication, the person sending the communication receives consent from an adult who controls the contact point. (b) Any person who proposes to send a communication under Subsection (4)(a) shall: (i) verify the age of the adult who controls the contact point by inspecting the adult's government-issued identification card in a face-to-face transaction; (ii) obtain a written record indicating the adult's consent that is signed by the adult; (iii) include in each communication: (A) a notice that the adult may rescind the consent; and (B) information that allows the adult to opt out of receiving future communications; and (iv) notify the unit that the person intends to send communications under this Subsection (4). (c) The unit shall implement rules to verify that a person providing notification under Subsection (4)(b)(iv) complies with this Subsection (4).
Utah Code § 13-14-307 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-307
§ 13-14-307. Franchisor's obligations upon termination or noncontinuation of franchise or line-make.
Status: in_force

(1) Upon the termination or noncontinuation of a franchise or a line-make, the franchisor shall pay the franchisee: (a) an amount calculated by: (i) including the franchisee's cost of unsold motor vehicles that: (A) are in the franchisee's inventory; (B) were acquired: (I) from the franchisor; or (II) in the ordinary course of business from another franchisee of the same line-make; (C) are new, undamaged, and, except for franchisor accessories, unaltered; or (D) represent the current model year at the time of termination or noncontinuation, or the two model years immediately before the time of termination or noncontinuation; (ii) reducing the amount in Subsection (1)(a)(i) by a prorated 1% for each 1,000 miles over 500 miles registered on a new vehicle's odometer; (iii) adding any charges made by the franchisor, for distribution, delivery, or taxes; (iv) adding the franchisee's cost of any franchisor accessories added on the vehicle, except only those recreational vehicle accessories that are listed in the franchisor's wholesale product literature as options for that vehicle shall be repurchased; and (v) subtracting all allowances paid or credited to the franchisee by the franchisor; (b) the franchisee's cost of new and undamaged motor vehicles in the franchisee's inventory of demonstrator vehicles, reduced by a prorated 1% for each 1000 miles over 500 miles registered on the demonstrator vehicle's odometer, except recreational vehicles whose cost shall be reduced by 2% for each 1,000 miles registered on the odometer of demonstrator self-propelled recreational vehicles, exclusive of miles incurred in delivery of the vehicle, and the cost of demonstrator nonself-propelled recreational vehicles shall be reduced by 10% of the franchisee's vehicle cost: (i) plus any charges made by the franchisor for distribution, delivery, or taxes; (ii) plus the franchisee's cost of any accessories added on the vehicles, except only those recreational vehicle accessories that are listed in the franchisor's wholesale product literature as options for that vehicle shall be repurchased; and (iii) less all allowances paid or credited to the franchisee by the franchisor; (c) the cost of all new, undamaged, and unsold supplies, parts, and accessories as set forth in the franchisor's catalog at the time of termination or noncontinuation for the supplies, parts, and accessories, less all allowances paid or credited to the franchisee by the franchisor; (d) the fair market value, but not less than the franchisee's depreciated acquisition cost of each undamaged sign owned by the franchisee that bears a common name, trade name, or trademark of the franchisor if acquisition of the sign was recommended or required by the franchisor. If a recreational vehicle franchisee has a sign with multiple manufacturers listed, the franchisor is only responsible for its pro rata portion of the sign; (e) the fair market value, but not less than the franchisee's depreciated acquisition cost, of all special tools, equipment, and furnishings acquired from the franchisor or sources approved by the franchisor that were required by the franchisor and are in good and usable condition; (f) the cost of transporting, handling, packing, and loading motor vehicles, supplies, parts, accessories, signs, special tools, equipment, and furnishings; (g) subject to Subsection (5), reasonable compensation to the franchisee for any cost incurred pertaining to the unexpired term of a lease agreement for the dealership's existing location; (h) the negotiated fair market value of the dealership premises, based on the fair market value of the real property, if the dealer opts to sell the dealership premises; and (i) compensate the franchisee for the blue sky or goodwill of the dealership, as determined in accordance with the applicable industry standards taking into consideration the effect that the timing of the manufacturer's announcement of discontinuance of a line make has or will have on future profitability of the dealership. (2) Subsections (1)(g), (h), and (i) do not apply if a franchise is terminated: (a) by the franchisor for cause as defined in Subsections 13-14-301(1)(b) and (2)(a); (b) upon mutual written agreement of the franchisor and franchisee as provided in Subsection 13-14-301(2)(b); or (c) upon voluntary termination by the franchisee as provided in Subsection 13-14-301(4). (3) The franchisor shall pay the franchisee the amounts specified in Subsection (1) within 90 days after the tender of the property to the franchisor if the franchisee: (a) has clear title to the property; and (b) is in a position to convey title to the franchisor. (4) If repurchased inventory, equipment, or demonstrator vehicles are subject to a security interest, the franchisor may make payment jointly to the franchisee and to the holder of the security interest. (5) Subsection (1)(g) does not relieve the franchisee or its lessor from an obligation under their lease agreement to mitigate damages. (6) (a) This section does not apply to a franchisee's voluntary termination or noncontinuation of its franchise that occurs as a result of the franchisee's sale of its dealership business entity or substantially all of the assets of that entity to a third party if the franchisor contemporaneously grants a franchise to the third party on terms and conditions that are comparable to those of the terminating or noncontinuing franchise. (b) Subsection (6)(a) may not be construed to impair a contractual right of a terminating or noncontinuing franchisee under a franchise or related agreement with a franchisor or its affiliate, including a right to return unsold parts. (7) This section does not apply to a termination, cancellation, or nonrenewal of: (a) a recreational vehicle franchise; or (b) a line-make by a recreational vehicle franchisor.
Utah Code § 13-53-105 — Utah Code / Title 13 / Chapter 13-53 / § 13-53-105
§ 13-53-105. Prohibited acts.
Status: in_force

A residential vocational or life skills program may not: (1) operate without a registration that the division issues under Section 13-53-103; (2) utilize a behavioral intervention that is not peer-led or that uses the services of a professional or a person purporting to be a professional; (3) accept a participant before providing to the participant the disclosure described in Section 13-53-106; (4) use physical force or permit the use of physical force; (5) represent that the division or the state endorses the residential vocational or life skills program; (6) 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 (7) include in a filing with the division a material statement that the residential vocational or life skills program or the residential vocational or life skills program's principal knows or should know is false, deceptive, inaccurate, or misleading.
Utah Code § 13-11-9 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-9
§ 13-11-9. Rule-making requirements.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules that specify acts or practices that violate Subsection 13-11-4(1).
Utah Code § 13-68-402 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-402
§ 13-68-402. Violations -- Actions by division.
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 each 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), 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. (4) If a court with jurisdiction grants judgment or injunctive relief to the division, the court shall award the division: (a) reasonable attorney fees; (b) court costs; and (c) investigative fees. (5) (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. (6) (a) A person who 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 § 13-80-101 — Utah Code / Title 13 / Chapter 13-80 / § 13-80-101
§ 13-80-101. Definitions.
Status: in_force

As used in this chapter: (1) "Delivery driver" means an individual working for a food delivery service. (2) "Department" means the Department of Veterans and Military Affairs established in Section 71A-1-201. (3) "Food delivery company" means an entity that operates a food delivery service. (4) "Food delivery dead zone" means a defined geographic area in which a food delivery service may not: (a) permit the delivery or pickup of food; or (b) allow an individual delivering food on behalf of the food delivery service to enter. (5) "Food delivery service" means a service that: (a) facilitates the delivery of food from a restaurant or other food establishment to a consumer; and (b) conducts operations online or through a mobile application. (6) "Military land" means the same as that term is defined in Section 10-20-620.
Utah Code § 13-56-302 — Utah Code / Title 13 / Chapter 13-56 / § 13-56-302
§ 13-56-302. Reporting.
Status: in_force

(1) As used in this section, "reporting period" means: (a) for a report submitted under this section in compliance with a July 15 deadline, January 1 through June 30 of the calendar year in which the report is submitted; or (b) for a report submitted under this section in compliance with a January 15 deadline, July 1 through December 31 of the calendar year immediately preceding the calendar year in which the report is submitted. (2) On or before July 15, 2020, and July 15 of each year thereafter, a venue operator shall submit a report described in Subsection (4) to the division, if there was an event scheduled at the venue during the reporting period for which a person issued one or more restricted tickets. (3) On or before January 15, 2021, and January 15 of each year thereafter, a venue operator shall submit a report described in Subsection (4) to the division, if there was an event scheduled at the venue during the reporting period for which a person issued one or more restricted tickets. (4) A report submitted in accordance with this section shall contain the following information: (a) for each event scheduled at the venue during the reporting period and for which a person issued a restricted ticket: (i) the total number of tickets issued for the event; (ii) the number of restricted tickets issued for the event; (iii) the date of the event; and (iv) the type of event; (b) (i) for a report submitted in compliance with a July 15 deadline, the number of concert or theater events scheduled at the venue during the reporting period; or (ii) for a report submitted in compliance with a January 15 deadline, the number of concert or theater events scheduled at the venue during the preceding calendar year; and (c) the number of concert or theater events scheduled at the venue during the reporting period for which a person issued a restricted ticket under Subsection 13-56-201(2)(b).
Utah Code § 13-44-201 — Utah Code / Title 13 / Chapter 13-44 / § 13-44-201
§ 13-44-201. Protection of personal information.
Status: in_force

(1) Any person who conducts business in the state and maintains personal information shall implement and maintain reasonable procedures to: (a) prevent unlawful use or disclosure of personal information collected or maintained in the regular course of business; and (b) destroy, or arrange for the destruction of, records containing personal information that are not to be retained by the person. (2) The destruction of records under Subsection (1)(b) shall be by: (a) shredding; (b) erasing; or (c) otherwise modifying the personal information to make the information indecipherable.
Utah Code § 13-22-113 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-113
§ 13-22-113. Reciprocal agreements.
Status: in_force

(1) The division may convey or exchange information obtained under this chapter with another agency that has regulatory authority over charitable organizations. (2) The division may accept information that a charitable organization, professional fundraiser, or fundraising consultant files in another state or with a federal agency or other organization in place of substantially similar information that is required to be filed under this chapter.
Utah Code § 13-60-105 — Utah Code / Title 13 / Chapter 13-60 / § 13-60-105
§ 13-60-105. Prohibited disclosures.
Status: in_force

A direct-to-consumer genetic testing company may not disclose a consumer's genetic data without the consumer's written consent to: (1) an entity that offers health insurance, life insurance, or long-term care insurance; or (2) an employer of the consumer.
Utah Code § 13-35-305 — Utah Code / Title 13 / Chapter 13-35 / § 13-35-305
§ 13-35-305. Evidence to be considered in determining cause to terminate or discontinue.
Status: in_force

(1) In determining whether a franchisor has established good cause for terminating or not continuing a franchise agreement, the executive director shall consider: (a) the amount of business transacted by the franchisee, as compared to business available to the franchisee; (b) the investment necessarily made and obligations incurred by the franchisee in the performance of the franchisee's part of the franchise agreement; (c) the permanency of the investment; (d) whether it is injurious or beneficial to the public welfare or public interest for the business of the franchisee to be disrupted; (e) whether the franchisee has adequate powersport vehicle sales and service facilities, equipment, vehicle parts, and qualified service personnel to reasonably provide for the needs of the consumer for the new powersport vehicles handled by the franchisee and has been and is rendering adequate services to the public; (f) whether the franchisee refuses to honor warranties of the franchisor under which the warranty service work is to be performed pursuant to the franchise agreement, if the franchisor reimburses the franchisee for the warranty service work; (g) failure by the franchisee to substantially comply with those requirements of the franchise agreement that are determined by the executive director to be: (i) reasonable; (ii) material; and (iii) not in violation of this chapter; (h) evidence of bad faith by the franchisee in complying with those terms of the franchise agreement that are determined by the executive director to be: (i) reasonable; (ii) material; and (iii) not in violation of this chapter; (i) prior misrepresentation by the franchisee in applying for the franchise; (j) transfer of any ownership or interest in the franchise without first obtaining approval from the franchisor or the executive director; and (k) any other factor the executive director considers relevant. (2) Notwithstanding any franchise agreement, the following do not constitute good cause, as used in this chapter for the termination or noncontinuation of a franchise: (a) the sole fact that the franchisor desires: (i) greater market penetration; or (ii) more sales or leases of new powersport vehicles; (b) the change of ownership of the franchisee's dealership or the change of executive management of the franchisee's dealership unless the franchisor proves that the change of ownership or executive management will be substantially detrimental to the distribution of the franchisor's powersport vehicles; or (c) the fact that the franchisee has justifiably refused or declined to participate in any conduct covered by Section 13-35-201. (3) For purposes of Subsection (2), "substantially detrimental" includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application.
Utah Code § 13-1a-2 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-2
§ 13-1a-2. Director to supervise division -- Appointment.
Status: in_force

10/1/2026The division shall be under the supervision, direction, and control of a director. The director shall be appointed by the executive director of the Department of Commerce with the approval of the governor. The director shall hold office at the pleasure of the governor.
Utah Code § 13-65-101 — Utah Code / Title 13 / Chapter 13-65 / § 13-65-101
§ 13-65-101. Definitions.
Status: in_force

As used in this chapter: (1) "Advertiser" means a person who advertises the person's product, service, or website through the use of commercial email. (2) "Commercial email" means an email used primarily to: (a) advertise or promote a commercial website, product, or service; or (b) solicit money, property, or personal information. (3) "Division" means the Division of Consumer Protection. (4) "Domain name" means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. (5) "Electronic mail service provider" means a company or a service that provides routing, relaying, handling, storage, or support for email addresses and email inboxes. (6) "Header information" means information attached to an email, including: (a) the originating domain name; (b) the originating email address; (c) the destination; (d) the routing information; and (e) any other information that appears in the header line identifying, or purporting to identify, a person initiating the message. (7) "Initiate" means an act of: (a) originating, transmitting, or sending commercial email; or (b) promising, paying, or providing other consideration for another person to originate, transmit, or send a commercial email. (8) (a) "Initiator" means a person who: (i) originates, transmits, or sends commercial email; or (ii) promises, pays, or provides other consideration for another person to originate, transmit, or send a commercial email. (b) "Initiator" does not include a person whose activities are a routine conveyance. (9) "Preexisting or current business relationship" means a situation where the recipient has: (a) made an inquiry and provided an email address; or (b) made an application, a purchase, or a transaction, with or without consideration, related to a product or a service offered by the advertiser. (10) "Recipient" means an addressee of an unsolicited email. (11) "Routine conveyance" means an Internet service provider's or email provider's automatic electronic mail message processes, including routing, relaying, handling, or storing through an automatic technical process, for which a person other than the Internet service provider or email provider has identified the electronic mail message recipients and provided the recipients' addresses. (12) "Unsolicited commercial email" means a commercial email sent by an advertiser to a recipient that: (a) has not provided direct consent to the advertiser to receive the commercial email; and (b) does not have a preexisting or current relationship with the advertiser. (13) "Utah email address" means an email address that : (a) is provided by an electronic mail service provider that sends bills for providing and maintaining that email address to a mailing address in this state; (b) is ordinarily accessed from a computer located in this state; (c) is provided to an individual who is currently a resident of this state; or (d) results in delivery of an email to a server in Utah.
Utah Code § 13-56-301 — Utah Code / Title 13 / Chapter 13-56 / § 13-56-301
§ 13-56-301. Enforcement powers -- Penalty.
Status: in_force

(1) The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (2) A person who violates a provision of this chapter is subject to a fine of up to $250 per violation.
Utah Code § 13-52-501 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-501
§ 13-52-501. Customer financial obligations.
Status: in_force

(1) A customer shall pay, on the date provided in the solar agreement, the costs of the solar energy system's: (a) design, not to exceed the greater of $1,500 or 3% of the total cost of the solar agreement; (b) equipment procurement, not to exceed 25% of the total cost of the solar agreement; and (c) installation, not to exceed 80% of the total cost of the solar agreement inclusive of payments due in accordance with Subsections (1)(a) and (1)(b). (d) A solar retailer may not collect the remaining balance of the solar agreement from a customer until the residential solar energy system is producing usable energy.
Utah Code § 13-25a-104 — Utah Code / Title 13 / Chapter 13-25a / § 13-25a-104
§ 13-25a-104. Prohibited conduct for facsimiles -- Exceptions.
Status: in_force

(1) Except as provided in Subsection (2), a person may not operate or authorize the operation of a facsimile machine to send an advertisement. (2) A person may operate a facsimile machine if the advertisement is sent: (a) with the prior express written consent of the person who receives the facsimile agreeing to receive the facsimile from a specific solicitor; or (b) to a person with whom the solicitor has an established business relationship. (3) A person may not make or authorize the sending of an advertisement by facsimile in violation of Title 47 U.S.C. 227.
Utah Code § 13-14a-4 — Utah Code / Title 13 / Chapter 13-14a / § 13-14a-4
§ 13-14a-4. Termination of retailing agreement at will.
Status: in_force

Any retailing agreement between a dealer and a manufacturer or wholesaler that is entered into or renewed after May 1, 1989, shall terminate at will, notwithstanding any agreement or law to the contrary, upon written notice of termination from the dealer. Any right arising from a prior breach of the contract survives a termination under this section.
Utah Code § 13-49-302 — Utah Code / Title 13 / Chapter 13-49 / § 13-49-302
§ 13-49-302. Accounting for services -- Receipts.
Status: in_force

(1) (a) An immigration consultant shall provide a signed receipt to a client for each payment that the client, or a person acting on the client's behalf, makes. (b) The receipt described in Subsection (1)(a) shall be typed or computer generated on the immigration consultant's letterhead. (2) An immigration consultant shall make a statement of accounting for the services rendered and payments made: (a) in the client's native language; (b) to the client every two months; (c) that is typed or computer generated on the immigration consultant's letterhead; (d) that lists the individual charges and total charges for services; and (e) that lists the payments the client makes.
Utah Code § 13-28-3 — Utah Code / Title 13 / Chapter 13-28 / § 13-28-3
§ 13-28-3. Notice requirement.
Status: in_force

If a solicitor represents to an individual that he has been selected or may be eligible to receive a prize, the solicitor may not request, and the solicitor or sponsor may not accept, a payment from the individual in any form before the individual receives a written prize notice that contains all of the information required under Subsection 13-28-4(1) presented in the manner required under Subsections 13-28-4(2) through (6).
Utah Code § 13-11a-2 — Utah Code / Title 13 / Chapter 13-11a / § 13-11a-2
§ 13-11a-2. Definitions.
Status: in_force

As used in this chapter: (1) "Advertisement" means any written, oral, or graphic statement or representation made by a supplier in connection with the solicitation of business. It includes, but is not limited to, communication by noncable television systems, radio, printed brochures, newspapers, leaflets, flyers, circulars, billboards, banners, or signs. It does not include any oral, in person, representation made by a sales representative to a prospective purchaser. (2) To "clearly and conspicuously disclose" means: (a) in the print media: (i) to state in typeface that is sufficiently bold to be obviously seen; (ii) to state in type size of at least 10 point type for a 14" x 23" document, and, in larger documents, of a type size of proportionately the same size; and (iii) to place in the text so as to be obviously seen; (b) in radio advertising, to verbally state in the same volume as that used in the advertisement; (c) in television advertising, the method for print media or radio advertising is acceptable unless contrary to other governing laws. (3) "Generic good" means a product which is offered for sale under its common descriptive name rather than under a trademark, trade name, brand name, house brand, or other distinguishing appellation. (4) "Goods and services" means all items which may be the subject of a sales transaction. (5) "Nondiscounted price" means a price at which the goods or services are offered at the time of the price assessment without a temporary store reduction in price. (6) "Performing group" means a vocal or instrumental group that performs live music for a paying audience. (7) "Person" means an individual, including a consumer, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. (8) "Price assessment" means the determination of the prices underlying a price comparison. (9) "Price assessor" means a firm or individual that determines the prices, including the reference prices, underlying the price comparison, or who makes the price comparison. (10) "Price comparison" means any express representation that a specific savings, reduction, or discount exists or will exist between the supplier's advertised price and another specific price. A representation which does not reasonably imply a comparison to identifiable prices or items does not express a price comparison. Language constituting mere sales "puffing" is not prohibited by this chapter. (11) "Product area" means the geographical area in which the prospective purchasers to whom the advertisement is aimed could reasonably be expected to seek the goods or services in question. (12) "Recording group" means a vocal or instrumental group at least one of the members of which has released a commercial sound recording under the group's name, if the member has a legal right to use of the group's name. (13) "Reference price" means a higher price to which a supplier compares a lower price to indicate that a reduction in price exists or will exist. (14) "Regular price" means the price at which a supplier has recently offered the goods or services for sale in good faith in the regular course of business. Every price represented in an advertisement is considered a regular price unless it is specifically represented as a price other than a regular price, such as a discount price or a manufacturer's suggested price. It is prima facie evidence that a price is other than a regular price when it was not offered as the nondiscount price of the goods or services for the 15 days immediately preceding an advertisement of the price, and the price change during the 15 day period was not due to price changes inherent in the pricing of seasonal or perishable goods, due to changes in cost of the goods or services to the supplier, or due to pricing changes made to match a competitor's price. (15) "Sales transaction" means a sale, lease, assignment, award by chance, or other written or oral transfer or disposition of goods, services, or other property, both tangible and intangible (except securities and insurance), to a person or business, or a solicitation or offer by a supplier with respect to any of these transfers or dispositions. It includes any offer or solicitation, any agreement, and any performance of an agreement with respect to any of these transfers or dispositions. (16) "Sound recording" means a work resulting from the fixation on a material object, such as a disk, tape, or phono-record, of musical or instrumental sounds. (17) "Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces sales transactions, whether or not he deals directly with the purchaser.
Utah Code § 13-1b-402 — Utah Code / Title 13 / Chapter 13-1b / § 13-1b-402
§ 13-1b-402. Scope of practice review -- Process.
Status: in_force

(1) A requestor may request a scope of practice review by submitting a request for scope of practice review in a form the office approves. (2) (a) Upon receipt of a request for scope of practice review, the office shall: (i) make a determination as to whether the office will conduct a scope of practice review; and (ii) notify the chairs of the Business and Labor Interim Committee of the request for scope of practice review. (b) After making a determination described in Subsection (2)(a)(i), the office shall: (i) if the office declines to conduct a scope of practice review, provide the requestor with a reason for the denial; or (ii) if the office intends to conduct a scope of practice review: (A) inform the requestor that the office will conduct a scope of practice review; and (B) conduct a scope of practice review in accordance with Subsection (3). (3) (a) When conducting a scope of practice review, the office shall convene a group of individuals to advise on the impact of the expansion of the scope of review. (b) When selecting the individuals for the group described in Subsection (3)(a), the office: (i) in consultation with the applicable board appointed in accordance with Section 58-1-201, shall select at least: (A) one individual that the applicable board approves from the regulated occupation that the proposed expansion of scope will affect; and (B) one other individual from the regulated occupation that the proposed expansion of scope will affect; and (ii) may select one or more of the following individuals: (A) a representative of an entity that employs healthcare practitioners; (B) a representative of an institution of higher education that provides training to prospective and current healthcare practitioners; and (C) an individual with technical expertise relevant to the scope of practice review. (c) In consultation with the group described in Subsection (3)(a), the office shall: (i) consider the criteria described in Section 13-1b-403; and (ii) determine whether to provide a recommendation that a regulated healthcare occupation incorporate an innovation into the regulated healthcare occupation's practice. (4) If the office determines that a regulated healthcare occupation should incorporate an innovation into the regulated healthcare occupation's practice, the office shall create a preliminary report to present to the Business and Labor Interim Committee that: (a) recommends how the regulated healthcare occupation may incorporate the innovation into the regulated healthcare occupation's scope of practice; and (b) describes how incorporating the innovation expands the regulated healthcare occupation's scope of practice. (5) The office shall provide the preliminary report described in Subsection (4) to the Business and Labor Interim Committee in accordance with Section 13-1b-304. (6) Upon receiving the preliminary report under Subsection (5), the Business and Labor Interim Committee may: (a) recommend draft legislation to address the preliminary report described in Subsection (4); (b) recommend that the Division of Occupational and Professional Licensing make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or (c) take any other action that the Business and Labor Interim Committee deems appropriate. (7) After presenting the preliminary report, the office shall create and publish a final report based on the preliminary report and any recommendations provided by the Business and Labor Interim Committee.
Utah Code § 13-61-402 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-402
§ 13-61-402. Enforcement powers of the attorney general.
Status: in_force

(1) The attorney general has the exclusive authority to enforce this chapter. (2) Upon referral from the division, the attorney general may initiate an enforcement action against a controller or processor for a violation of this chapter. (3) (a) At least 30 days before the day on which the attorney general initiates an enforcement action against a controller or processor, the attorney general shall provide the controller or processor: (i) written notice identifying each provision of this chapter the attorney general alleges the controller or processor has violated or is violating; and (ii) an explanation of the basis for each allegation. (b) The attorney general may not initiate an action if the controller or processor: (i) cures the noticed violation within 30 days after the day on which the controller or processor receives the written notice described in Subsection (3)(a); and (ii) provides the attorney general an express written statement that: (A) the violation has been cured; and (B) no further violation of the cured violation will occur. (c) The attorney general may initiate an action against a controller or processor who: (i) fails to cure a violation after receiving the notice described in Subsection (3)(a); or (ii) after curing a noticed violation and providing a written statement in accordance with Subsection (3)(b), continues to violate this chapter. (d) In an action described in Subsection (3)(c), the attorney general may recover: (i) actual damages to the consumer; and (ii) for each violation described in Subsection (3)(c), an amount not to exceed $7,500. (4) All money received from an action under this chapter shall be deposited into the Consumer Privacy Account established in Section 13-61-403. (5) If more than one controller or processor are involved in the same processing in violation of this chapter, the liability for the violation shall be allocated among the controllers or processors according to the principles of comparative fault.
Utah Code § 13-20-5 — Utah Code / Title 13 / Chapter 13-20 / § 13-20-5
§ 13-20-5. Reasonable number of attempts to conform.
Status: in_force

(1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if: (a) the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the express warranty term or during the one-year period following the date of original delivery of the motor vehicle to a consumer, whichever is earlier, but the nonconformity continues to exist; or (b) the vehicle is out of service to the consumer because of repair for a cumulative total of 30 or more business days during the warranty term or during the one-year period, whichever is earlier. (2) The term of an express warranty, the one-year period, and the 30-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
Utah Code § 13-39-302 — Utah Code / Title 13 / Chapter 13-39 / § 13-39-302
§ 13-39-302. Civil action for violation.
Status: in_force

(1) For a violation of Section 13-39-202, an action may be brought by: (a) a user of a contact point or domain name registered with the division under Section 13-39-201; or (b) a legal guardian of a user described in Subsection (1)(a). (2) In each action under Subsection (1): (a) a person described in Subsection (1) may recover the greater of: (i) actual damages; or (ii) $1,000 for each communication sent in violation of Section 13-39-202; and (b) the prevailing party shall be awarded costs and reasonable attorney fees.
Utah Code § 13-45-601 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-601
§ 13-45-601. Consumer reporting agency -- Prohibitions.
Status: in_force

(1) Except as provided in Subsection (2), a consumer reporting agency may not report information relating to: (a) an arrest not resulting in a conviction; (b) a criminal charge not resulting in a conviction; (c) an expunged conviction; or (d) a pardoned conviction. (2) A consumer reporting agency may report: (a) a pending criminal charge; or (b) an arrest that has not reached a final disposition.
Utah Code § 13-49-401 — Utah Code / Title 13 / Chapter 13-49 / § 13-49-401
§ 13-49-401. Unlawful acts.
Status: in_force

(1) It is unlawful for an immigration consultant to: (a) make a false or misleading statement to a client while providing a service to the client; (b) make a guarantee or promise to a client, unless the guarantee or promise is in writing and the immigration consultant has some basis in fact for making the guarantee or promise; (c) make a statement that the immigration consultant can or will obtain a special favor from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client's immigration matter; (d) charge a client a fee for the referral of the client to another person for services that the immigration consultant cannot or will not provide to the client; (e) represent that the division or the state endorses the immigration consultant; (f) omit from a filing with the division a material statement of fact this chapter or a rule the division makes in accordance with this chapter requires; or (g) include in a filing with the division a material statement of fact that the immigration consultant or immigration consultant's principal knows or should know is false, deceptive, inaccurate, or misleading. (2) An immigration consultant may not translate a document or other information in a way that falsely represents or implies that the immigration consultant is an attorney.
Utah Code § 13-45-502 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-502
§ 13-45-502. Definitions.
Status: in_force

As used in this part, "security freeze" means: (1) if a consumer reporting agency does not have a file that pertains to a protected consumer, a restriction that: (a) is placed on the protected consumer's record in accordance with this part; and (b) except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's record; or (2) if a consumer reporting agency has a file that pertains to the protected consumer, a restriction that: (a) is placed on the protected consumer's credit report in accordance with this part; and (b) except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report.
Utah Code § 13-21-106 — Utah Code / Title 13 / Chapter 13-21 / § 13-21-106
§ 13-21-106. Contents of statement.
Status: in_force

The information statement required under Section 13-21-105 shall include all of the following: (1) a complete and accurate statement of the buyer's right to review any file on the buyer a credit reporting agency maintains, as provided under 15 U.S.C. Sec. 1681 et seq., as amended, the Fair Credit Reporting Act; (2) a statement that the credit reporting agency that issued a report upon which a credit denial was based shall conduct a review of the file on the buyer free of charge, if requested within 30 days after the day on which the buyer receives a notice of a denial of credit; (3) the approximate price a credit reporting agency will charge the buyer for a copy of the file on the buyer; (4) a complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer that a credit reporting agency maintains; (5) a complete and detailed description of the services the credit services organization will perform for the buyer and the total amount the buyer will have to pay, or become obligated to pay, for the services; (6) a statement asserting the buyer's right to proceed against the surety bond or trust account required under Section 13-21-102; and (7) the name and address of the surety company which issued the surety bond, or the name and address of the depository and the trustee and the account number of the trust account.
Utah Code § 13-32a-108 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-108
§ 13-32a-108. Retention of records -- Reasonable inspection.
Status: in_force

(1) A pawn or secondhand business or local law enforcement agency, whichever has custody of a ticket or copy of a ticket, shall retain the ticket or copy for no less than three years after the date of the transaction. (2) (a) A law enforcement agency or the division may conduct random reasonable inspections of pawn or secondhand businesses or catalytic converter purchasers for the purpose of monitoring compliance with the requirements of this chapter. (b) A law enforcement agency or the division shall conduct an inspection under Subsection (2)(a) during the regular business hours of the pawn or secondhand business or catalytic converter purchaser. (3) A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110.
Utah Code § 13-68-403 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-403
§ 13-68-403. Action by attorney general or district or county attorney.
Status: in_force

(1) Upon referral from the division, the attorney general or any district or county attorney may: (a) bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this part; (b) bring an action in any court of competent jurisdiction for the collection of penalties authorized under Subsection 13-68-402(2); or (c) bring an action under Subsection 13-68-402(5). (2) A court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this part if proof of loss is submitted to the satisfaction of the court.
Utah Code § 13-72c-203 — Utah Code / Title 13 / Chapter 13-72c / § 13-72c-203
§ 13-72c-203. User disclosures.
Status: in_force

1/1/2027A covered provider shall include a latent disclosure in image, video, or audio content, or content that is any combination of image, video, or audio, created or substantially modified by the covered provider's generative artificial intelligence system that meets the following criteria: (1) to the extent that it is technically feasible and reasonable, the disclosure conveys the following information, either directly or through a link to a permanent internet website: (a) the time and date of the content's creation or alteration; and (b) either: (i) the name of the capture device manufacturer; or (ii) digital signatures sufficient to prove whether the content was created or substantially altered using a generative artificial intelligence system; and (2) the disclosure is consistent with widely accepted industry standards.
Utah Code § 13-11-23 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-23
§ 13-11-23. Other remedies available -- Class action only as prescribed by act.
Status: in_force

The remedies of this act are in addition to remedies otherwise available for the same conduct under state or local law, except that a class action relating to a transaction governed by this act may be brought only as prescribed by this act.
Utah Code § 13-72b-306 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-306
§ 13-72b-306. Relationship to federal law.
Status: in_force

1/1/2027 (1) This part does not expand or modify the notice and takedown requirements established in the Take It Down Act. (2) This part does not alter, modify, or limit Section 230 of the Communications Decency Act, 47 U.S.C. Sec. 230, and may not be construed to impose liability on a covered platform for acting as the publisher or speaker of information provided by another information content provider.
Utah Code § 13-34-204 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-204
§ 13-34-204. Reporting material changes to registration statement.
Status: in_force

(1) A postsecondary school shall notify the division in writing within 30 days of any material change to any information provided in a registration statement. (2) The division may require a postsecondary school to submit a new registration statement based upon a material change to the information provided in a registration statement.
Utah Code § 13-50-101 — Utah Code / Title 13 / Chapter 13-50 / § 13-50-101
§ 13-50-101. Title.
Status: in_force

(1) This chapter is known as the "Residential Construction Contracts Act." (2) This part is known as "General Provisions."
Utah Code § 13-64-201 — Utah Code / Title 13 / Chapter 13-64 / § 13-64-201
§ 13-64-201. Vehicle value protection agreement -- Required disclosures -- Finance agreement conditions.
Status: in_force

(1) A person may not issue, sell, offer to sell, or otherwise provide a vehicle value protection agreement that does not comply with this chapter. (2) A vehicle value protection agreement shall conspicuously disclose: (a) the name, address, and contact information of: (i) the provider; (ii) the agreement administrator, if any; and (iii) the purchaser; (b) the terms of the vehicle value protection agreement, including: (i) the charges under the vehicle value protection agreement; (ii) the benefit eligibility requirements; (iii) the conditions imposed by the vehicle value protection agreement; and (iv) the procedure a purchaser is required to follow to obtain the benefit; and (c) subject to Subsection (3), the terms or restrictions governing cancellation of the vehicle value protection agreement, including: (i) that the purchaser may cancel the vehicle value protection agreement during the preliminary period; (ii) the length of the preliminary period; (iii) the purchaser's right to a refund for cancellation under Section 13-64-203; and (iv) the methodology for calculating any refund to the purchaser for cancellation. (3) The disclosure described in Subsection (2)(c)(i) shall: (a) be written in dark bold with at least 12-point type on the first page of the vehicle value protection agreement; and (b) read as follows: "IN ACCORDANCE WITH UTAH CODE SECTION 13-64-203, YOU, THE PURCHASER, MAY CANCEL THIS AGREEMENT AT ANY TIME BEFORE THE END OF THE PRELIMINARY PERIOD DESCRIBED IN THIS AGREEMENT." (4) The provider shall provide the purchaser a copy of the vehicle value protection agreement at the time the provider and purchaser enter into the vehicle value protection agreement. (5) A finance agreement or vehicle purchase agreement may not be conditioned on a purchaser entering into a vehicle value protection agreement.
Utah Code § 13-32-104 — Utah Code / Title 13 / Chapter 13-32 / § 13-32-104
§ 13-32-104. Receipts and transaction records -- Retention of receipts and transaction records.
Status: in_force

(1) Every vendor shall maintain receipts or a permanent record book for the acquisition of new and unused property which shall contain: (a) the date of the transaction on which the property was acquired; (b) the name and address of the person from whom the property was acquired; (c) an identification and description of the property acquired; (d) the price paid for such property; and (e) the signatures of the person selling the property and the vendor. (2) The receipt or record for each transaction required by Subsection (1) shall be maintained by the vendor for a period of not less than one year following the date of the transaction.
Utah Code § 13-11a-6 — Utah Code / Title 13 / Chapter 13-11a / § 13-11a-6
§ 13-11a-6. Truth in music advertising -- Exemptions -- Penalties.
Status: in_force

(1) A person may not advertise or conduct a live musical performance by a performing group by using a false, deceptive, or otherwise misleading affiliation between a performing group and a recording group of the same name. (2) This section does not apply to: (a) a performing group that is the registrant and owner of a registered federal service mark for the group name; (b) a performance by a performing group that is clearly identified in all advertising and promotional materials as a salute or tribute; (c) a performing group at least one member of which was a member of the recording group and has a legal right to use of the group name; (d) the advertising does not relate to a live musical performance occurring in this state; or (e) a performance authorized in writing by the recording group. (3) (a) A person may enforce this section by bringing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an action described in Subsection (3)(a) in the county in which the live musical performance is advertised or conducted if the person brings the action in the district court. (c) A party injured by a violation of this section may obtain an injunction and recover actual damages. (d) The prevailing party in an action under Subsection (3)(a) may be awarded costs and attorney fees.
Utah Code § 13-1a-109 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-109
§ 13-1a-109. Violation of an administrative order, a restraining order, or an injunctive order -- Civil penalty.
Status: in_force

10/1/2026If a person violates an administrative order, a restraining order, or an injunction that the division issues under this chapter and the person receives notice of the administrative order, restraining order, or injunction, the division may submit a motion for, or a court with jurisdiction may impose, a civil penalty of not more than $100 for each day a person violates an administrative order, a restraining order, preliminary injunction, or permanent injunction that the division issues under this chapter.
Utah Code § 13-80-201 — Utah Code / Title 13 / Chapter 13-80 / § 13-80-201
§ 13-80-201. Department to enforce food delivery dead zone.
Status: in_force

(1) A food delivery company shall ensure that the physical boundaries of military land are marked as a food delivery dead zone. (2) A delivery driver may report to the department a food delivery company's failure to mark the physical boundaries of military land as a food delivery dead zone. (3) Staff employed on military land may report to the department any deliveries made by a delivery driver. (4) The department shall: (a) create a process by which a delivery driver or staff employed on military land may make a report described in Subsection (2); (b) upon receiving a report described in Subsection (2), investigate whether the food delivery company has marked the physical boundaries of military land as a food delivery dead zone; and (c) if the investigation demonstrates that a food delivery company has not marked the physical boundaries of military land as a food delivery dead zone, the department shall impose a fine on the food delivery company of $1,000.
Utah Code § 13-28-8 — Utah Code / Title 13 / Chapter 13-28 / § 13-28-8
§ 13-28-8. Enforcement.
Status: in_force

(1) The division shall investigate and assess administrative fines for violations of this chapter. (2) Upon referral from the division, the attorney general or any district or county attorney may: (a) bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this part. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this part if proof of loss is submitted to the satisfaction of the court; (b) bring an action in any court of competent jurisdiction for the collection of penalties authorized under Subsection 13-28-7(1); or (c) bring an action under Subsection 13-28-7(3).
Utah Code § 13-22-110 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-110
§ 13-22-110. Financial reports required -- Rulemaking.
Status: in_force

(1) (a) Subject to Subsection (2), a charitable organization that is a nonprofit corporation, or that is a foreign nonprofit corporation, shall annually file with the Division of Corporations and Commercial Code an unredacted copy of the charitable organization's most recently filed IRS Form 990, 990-EZ, 990-N, or 990-PF. (b) Subsection (1)(a) does not apply to a nonprofit corporation or a foreign nonprofit corporation that is not required to file a Form 990, 990-EZ, 990-N, or 990-PF with the IRS. (c) An IRS Form 990, 990-EZ, or 990-PF for a tax year from more than three years before the day on which the charitable organization makes the filing with the Division of Corporations and Commercial Code does not satisfy the requirement of Subsection (1)(a). (2) (a) (i) The division may not require a charitable organization to file Schedule B of a form described in Subsection (1). (ii) An IRS Form 990-T is not required to be filed under this section. (b) A charitable organization that has not yet filed an IRS Form 990, 990-EZ, 990-N, or 990-PF may file a tax exempt determination letter that the charitable organization receives from the IRS if the tax exempt determination letter is dated no more than two years before the day on which the charitable organization files the tax exempt determination letter with the Division of Corporations and Commercial Code. (c) If a charitable organization files a tax exempt determination letter in accordance with Subsection (2)(b), that filing satisfies the filing requirement described in Subsection (1). (d) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish: (i) the manner in which a charitable organization shall file the forms described in Subsection (1); and (ii) the process by which a charitable organization shall file the forms described in Subsection (1).
Utah Code § 13-15-102 — Utah Code / Title 13 / Chapter 13-15 / § 13-15-102
§ 13-15-102. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Business opportunity" means an arrangement under which a person: (i) sells or leases a product, equipment, a supply, or a service: (A) upon payment of initial required consideration of at least $500; and (B) for the purpose of enabling the buyer or lessee to start a business; and (ii) represents to the buyer or lessee that: (A) the person will provide a location or assist the buyer or lessee find a location for the use or operation of a vending machine, rack, display case, or other similar device, or a currency-operated amusement machine or device, on premises neither owned nor leased by the person nor the buyer or lessee; (B) the person will purchase a product the buyer or lessee makes, produces, fabricates, grows, or modifies, using in whole or in part the product, equipment, supply, or service the buyer or lessee buys or leases from the person; (C) the person will provide the buyer or lessee with a guarantee that the buyer or lessee will receive income from the product, equipment, supply, or service the buyer or lessee buys or leases from the person that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service, and if not the person will repurchase the product, equipment, supply, or service, if the buyer or lessee is dissatisfied; or (D) the buyer or lessee will or may derive income from the business described in Subsection (1)(a)(i) that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service. (b) "Business opportunity" does not include: (i) the sale of an ongoing business when the owner of that business sells and intends to sell only that one business; or (ii) not-for-profit sale of sales demonstration equipment, materials, or samples for a total price of $500 or less. (2) "Division" means the Division of Consumer Protection established by Section 13-2-102. (3) "Franchise" means the same as that term is defined by Federal Trade Commission rules governing franchise and business opportunity ventures. (4) "Guarantee" means a written agreement that: (a) a purchaser and seller sign; and (b) discloses the complete details and each limitation or exception of the agreement. (5) (a) "Initial required consideration" means the total amount a purchaser is obligated to pay under the terms of a business opportunity: (i) before the day on which the purchaser receives the product, equipment, supply, or service; (ii) the day on which the purchaser receives the product, equipment, supply, or service; or (iii) within six months after the day on which the purchaser and seller enter into the business opportunity. (b) "Initial required consideration" includes the sum of any down payment and the total of all additional payments, if the purchaser's payment under the terms of the business opportunity is over a period of time. (c) "Initial required consideration" does not include the not-for-profit sale of sales demonstration equipment, materials, or supplies for a total amount of less than $500. (6) "Principal" means as the division determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (7) "Purchaser" means a person who buys or leases from another person a business opportunity. (8) "Registered trademark" or "service mark" means a trademark, trade name, or service mark registered with the United States Patent and Trademark Office, or Utah, or the state of incorporation if a corporation. (9) (a) "Seller" means a person who offers to sell, offers to lease, sells, or leases to another person a business opportunity or a franchise. (b) "Seller" does not include an individual representative or salesperson, unless the individual is a principal of a sole proprietorship, partnership, association, joint venture, corporation, firm, or other organization or entity used in carrying on a business, that offers to sell, offers to lease, sells, or leases to another person a business opportunity or a franchise.
Utah Code § 13-26-102 — Utah Code / Title 13 / Chapter 13-26 / § 13-26-102
§ 13-26-102. Registration and surety bond or certificate of deposit required.
Status: in_force

(1) (a) Unless exempt under Section 13-26-104, a seller shall register annually with the division before engaging in telephone solicitations if: (i) the seller engages in telephone solicitations that: (A) originate in Utah; or (B) are received in Utah; or (ii) the seller, or a solicitor on behalf of the seller, conducts a business operation in Utah. (2) To register as a seller, 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) any information the division requires by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (iii) a designated registered agent for service of process in this state and the registered agent's: (A) name; (B) street address; (C) mailing address; and (D) telephone number. (3) A seller that is subject to this chapter shall obtain and maintain the following: (a) a surety bond issued by a surety authorized to transact security business in this state; or (b) a certificate of deposit held in this state in a financial institution authorized under the laws of this state or the laws of the United States to accept deposits from the public. (4) The surety bond or certificate of deposit described in Subsection (3) shall be: (a) in the amount of: (i) $25,000 if: (A) the seller or an affiliated person has not violated this chapter in the three-year period immediately before the day on which the seller files the application; and (B) the seller has fewer than 10 employees; (ii) $50,000 if: (A) the seller or an affiliated person has not violated this chapter in the three-year period immediately before the day on which the seller files the application; and (B) the seller has 10 or more employees; or (iii) $75,000 if the seller or an affiliated person has violated this chapter in the three-year period immediately before the day on which the seller files the application; and (b) payable to the division for the benefit of a consumer who incurs damages as the result of the seller's violation of this chapter. (5) If the consumer recovers actual damages from an action resulting from the seller's violation of this chapter before the division distributes the funds in the surety bond or certificate of deposit described in Subsection (3) to the consumer in accordance with Subsection (4)(b), the division may recover from the surety bond or certificate of deposit: (a) administrative fines; (b) civil penalties; (c) investigative costs; (d) attorney fees; and (e) other costs of collecting and distributing funds under this chapter. (6) A seller shall submit to the division, as part of the seller's registration application: (a) a fingerprint card in a form the division approves; (b) consent to a criminal background check conducted by: (i) the Bureau of Criminal Identification created in Section 53-10-201; or (ii) another state or federal agency that performs criminal background checks; and (c) provide a disclosure that states whether a seller or an affiliated person has been convicted of a felony or misdemeanor involving theft, fraud, or dishonesty, in the 10-year period immediately preceding the day on which the seller files the application. (7) A seller shall pay the cost of: (a) the fingerprint card described in Subsection (6)(a); and (b) the criminal background check described in Subsection (6)(b). (8) A seller registration is effective for one year after the day on which the division approves a seller's registration application. (9) To renew a seller registration, a seller shall submit a registration renewal application to the division at least 30 days before the day on which the seller's registration expires. (10) Registration under this section does not constitute an approval or endorsement of the seller by the division or the state.
Utah Code § 13-19-2 — Utah Code / Title 13 / Chapter 13-19 / § 13-19-2
§ 13-19-2. Written authorization required.
Status: in_force

Every person who engages in the shopping cart retrieval business shall retain records, showing written authorization from the merchant or owner to retrieve the carts and to be in possession of those carts retrieved, and shall maintain a copy of that authorization in any vehicle utilized for that retrieval.
Utah Code § 13-2-110 — Utah Code / Title 13 / Chapter 13-2 / § 13-2-110
§ 13-2-110. Internet -- Consumer education.
Status: in_force

(1) The Division of Consumer Protection shall, subject to appropriation, contract with a person to make public service announcements advising consumers about the dangers of using the Internet, especially: (a) material harmful to minors; (b) steps a consumer may take to learn more about the dangers of using the Internet; (c) information about how a service provider can help a consumer learn more about the dangers of using the Internet, including the service provider's duties created by this bill; and (d) how a consumer can monitor the Internet usage of family members. (2) Money appropriated under Subsection (1) shall be paid by the Division of Consumer Protection to a person only if: (a) the person is a nonprofit organization; and (b) the person agrees to spend private money amounting to two times the amount of money provided by the Division of Consumer Protection during each fiscal year in accordance with Subsection (1). (3) In administering any money appropriated for use under this section, the Division of Consumer Protection shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
Utah Code § 13-1-3 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-3
§ 13-1-3. Executive director.
Status: in_force

(1) The department shall be under the supervision, direction, and control of the executive director of commerce. The executive director shall be appointed by the governor with the advice and consent of the Senate. The executive director shall hold office at the pleasure of the governor. The governor shall establish the executive director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation. (2) The executive director shall employ personnel necessary to carry out the duties and responsibilities of the department.
Utah Code § 13-15-201 — Utah Code / Title 13 / Chapter 13-15 / § 13-15-201
§ 13-15-201. Required filings -- Fees -- Rulemaking.
Status: in_force

(1) (a) Except as provided in Subsection (2), before a person may act as a seller in the state, the person shall obtain a proof of disclosure receipt from the division. (b) To obtain a proof of disclosure receipt from the division, a person shall: (i) file with the division a disclosure statement that complies with Section 13-15-202; (ii) provide any information the division requires by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (iii) pay a filing fee as determined by the division in accordance with Section 63J-1-504. (c) A proof of disclosure receipt is valid for one year after the day on which the division issues the receipt. (d) To renew a proof of disclosure receipt, a seller shall comply with the provisions of Subsection (1)(b) at least 30 days before the day on which the seller's current proof of disclosure receipt expires. (2) (a) Before a person offers for sale or sells a franchise to be located in the state or to a resident of the state, the person shall obtain a proof of notice receipt from the division. (b) To obtain a proof of notice receipt from the division, a person shall: (i) file with the division, in a manner the division determines, a notice that states: (A) the franchisor is in substantial compliance with the requirements of the Federal Trade Commission rule found at Title 16, Chapter I, Subchapter d, Trade Regulation Rules, Part 436, Disclosure Requirements and Prohibitions Concerning Franchising; (B) the name of the applicant; (C) the name of the franchise; (D) the name under which the applicant intends to transact or transacts business, if different than the name of the franchise; (E) the address of the applicant's principal place of business; (F) the applicant's state-issued business entity number or other government-issued, publicly available identifying number; and (G) any information that the division requires by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii) pay a filing fee the division sets in accordance with Section 63J-1-504. (c) A seller who does not qualify for a proof notice receipt under this Subsection (2) is subject to Subsection (1). (d) A proof of notice receipt is valid for one year after the day on which the division issues the receipt. (e) To renew a proof of notice receipt, a person offering for sale or selling a franchise to be located in the state or to a resident of the state, shall comply with the provisions of Subsection (2)(b) at least 30 days before the day on which the person's current proof of notice receipt expires. (3) The division shall deposit all fees collected under this section into the Commerce Service Account created in Section 13-1-2. (4) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this section. (5) If information contained in a filing with the division becomes incorrect or incomplete, the filer shall update the information within 30 days after the day on which the information contained on the filing becomes incorrect or incomplete. (6) A proof of disclosure receipt or a proof of notice receipt does not constitute an approval or endorsement of the seller by the division or the state. (7) A seller may not: (a) represent the division or the state endorses or approves the seller; (b) omit from a filing with the division a material statement of fact required by this chapter or rule made by the division in accordance with this chapter; or (c) include in a filing with the division a material statement of fact that the seller or the seller's principal knew or should have known is false, deceptive, inaccurate, or misleading.
Utah Code § 13-44-202 — Utah Code / Title 13 / Chapter 13-44 / § 13-44-202
§ 13-44-202. Personal information -- Disclosure of system security breach.
Status: in_force

(1) (a) A person who owns or licenses computerized data that includes personal information concerning a Utah resident shall, when the person becomes aware of a breach of system security, conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused for identity theft or fraud purposes. (b) If an investigation under Subsection (1)(a) reveals that the misuse of personal information for identity theft or fraud purposes has occurred, or is reasonably likely to occur, the person shall provide notification to each affected Utah resident. (c) If an investigation under Subsection (1)(a) reveals that the misuse of personal information relating to 500 or more Utah residents, for identity theft or fraud purposes, has occurred or is reasonably likely to occur, the person shall, in addition to the notification required in Subsection (1)(b), provide notification to: (i) the Office of the Attorney General; and (ii) the Utah Cyber Center created in Section 63A-16-1102. (d) If an investigation under Subsection (1)(a) reveals that the misuse of personal information relating to 1,000 or more Utah residents, for identity theft or fraud purposes, has occurred or is reasonably likely to occur, the person shall, in addition to the notification required in Subsections (1)(b) and (c), provide notification to each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, as defined in 15 U.S.C. Sec. 1681a. (2) A person required to provide notification under Subsection (1) shall provide the notification in the most expedient time possible without unreasonable delay: (a) considering legitimate investigative needs of law enforcement, as provided in Subsection (4)(a); (b) after determining the scope of the breach of system security; and (c) after restoring the reasonable integrity of the system. (3) (a) A person who maintains computerized data that includes personal information that the person does not own or license shall notify and cooperate with the owner or licensee of the information of any breach of system security immediately following the person's discovery of the breach if misuse of the personal information occurs or is reasonably likely to occur. (b) Cooperation under Subsection (3)(a) includes sharing information relevant to the breach with the owner or licensee of the information. (4) (a) Notwithstanding Subsection (2), a person may delay providing notification under Subsection (1)(b) at the request of a law enforcement agency that determines that notification may impede a criminal investigation. (b) A person who delays providing notification under Subsection (4)(a) shall provide notification in good faith without unreasonable delay in the most expedient time possible after the law enforcement agency informs the person that notification will no longer impede the criminal investigation. (5) (a) A notification required by Subsection (1)(b) may be provided: (i) in writing by first-class mail to the most recent address the person has for the resident; (ii) electronically, if the person's primary method of communication with the resident is by electronic means, or if provided in accordance with the consumer disclosure provisions of 15 U.S.C. Section 7001; (iii) by telephone, including through the use of automatic dialing technology not prohibited by other law; or (iv) for residents of the state for whom notification in a manner described in Subsections (5)(a)(i) through (iii) is not feasible, by publishing notice of the breach of system security: (A) in a newspaper of general circulation; and (B) as required in Section 45-1-101. (b) If a person maintains the person's own notification procedures as part of an information security policy for the treatment of personal information the person is considered to be in compliance with the notification requirement in Subsection (1)(b) if the procedures are otherwise consistent with this chapter's timing requirements and the person notifies each affected Utah resident in accordance with the person's information security policy in the event of a breach. (c) A person who is regulated by state or federal law and maintains procedures for a breach of system security under applicable law established by the primary state or federal regulator is considered to be in compliance with this part if the person notifies each affected Utah resident in accordance with the other applicable law in the event of a breach. (6) (a) The following information may be deemed confidential and classified as a protected record under Subsections 63G-2-305(1) and (2) if the requirements of Subsection 63G-2-309(1)(a)(i) are met: (i) a notification submitted under Subsection (1)(c), including supporting information provided under Subsection (6)(b); and (ii) information produced by the Office of the Attorney General or the Utah Cyber Center in providing coordination or assistance to the person providing notification under Subsection (1)(c). (b) A person providing notification under Subsection (1)(c) to the Office of the Attorney General or the Utah Cyber Center of a breach of system security shall include the following information in the notification, to the extent the information is known or available at the time the person provides the notification: (i) the date the breach of system security occurred; (ii) the date the breach of system security was discovered; (iii) the total number of people affected by the breach of system security, including the total number of Utah residents affected; (iv) the type of personal information involved in the breach of system security; and (v) a short description of the breach of system security that occurred. (7) A waiver of this section is contrary to public policy and is void and unenforceable.
Utah Code § 13-58-302 — Utah Code / Title 13 / Chapter 13-58 / § 13-58-302
§ 13-58-302. Cure of default.
Status: in_force

(1) If a motorboat dealer defaults as described in Section 13-58-301, the manufacturer or distributor who is part of the agreement shall: (a) give the dealer written notice of the dealer's default; and (b) allow the dealer to cure the default within the period described in Subsection (2). (2) A motorboat dealer may cure a default no later than: (a) 30 days after the day on which the dealer receives the notice described in Subsection (1), if the dealer defaulted as described in Subsection 13-58-301(1)(b) or (2); (b) 60 days after the day on which the dealer receives the notice described in Subsection (1), if the dealer defaulted as described in Subsection 13-58-301(1)(a); and (c) 160 days after the day on which the dealer receives the notice described in Subsection (1), if the dealer defaulted as described in Subsection 13-58-301(1)(c).
Utah Code § 13-42-120 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-120
§ 13-42-120. Termination of agreement.
Status: in_force

(1) An individual who is a party to an agreement may terminate the agreement at any time, without penalty or obligation, by giving the provider notice in a record. (2) A provider may terminate an agreement if an individual who is a party to the agreement fails for 60 days to make a payment or deposit required by the agreement or if other good cause exists. (3) If an agreement is terminated: (a) the provider, no later than seven business days after the termination, shall pay the individual who is a party to the agreement all money the provider or its designee received from or on behalf of the individual, other than: (i) an amount properly disbursed to a creditor; and (ii) fees earned pursuant to Section 13-42-123; and (b) any power of attorney granted by the individual to the provider is revoked.
Utah Code § 13-72b-203 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-203
§ 13-72b-203. Safe harbor for generation services.
Status: in_force

1/1/2027 (1) A generation service is not liable under Section 13-72b-202 if the generation service demonstrates that: (a) the generation service does not hold itself out as providing services for creating counterfeit intimate images; (b) the generation service has implemented and maintains 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) the generation service acted in accordance with the policy described in Subsection (1)(b) with respect to the alleged violation; (d) the generation service published the policy described in Subsection (1)(b) in a clear and conspicuous location accessible to the public on the generation service's website or primary user interface; (e) the generation service published a general description of the reasonable safeguards described in Subsection (1)(b)(ii), which may describe technical measures in general terms without disclosing proprietary implementation details that could be exploited to circumvent the safeguards; (f) the generation service implemented and maintained a consent system that complies with Subsection 13-72b-201(3); and (g) upon receiving notice that a counterfeit intimate image was created or distributed without consent, the generation service took prompt action to prevent further distribution. (2) A generation service qualifies for the safe harbor under Subsection (1) even if a non-consensual counterfeit intimate image was distributed through the service if the generation service demonstrates that: (a) the generation service had no actual knowledge that the image was created or distributed without consent before receiving notice; (b) the generation service's consent system was operating as designed; (c) the generation service reasonably relied on information provided through the consent system; and (d) upon discovering the violation, the generation service took prompt action to prevent further distribution. (3) A generation service that has implemented and maintains a written policy and reasonable technical safeguards that categorically prevent the generation of intimate images by the service is not required to comply with the consent requirements in Subsections (1)(b), (1)(c), (1)(e), (1)(f), (2)(b), and (2)(c) to qualify for safe harbor protection under this section. (4) In determining whether a generation service qualifies for safe harbor protection under this section, the court shall, among other relevant factors, consider whether the generation service's safeguards and policies: (a) are consistent with widely accepted industry standards; (b) are regularly updated to address emerging technologies and methods for creating counterfeit intimate images; (c) include technical measures to detect and prevent the generation of counterfeit intimate images; and (d) include reasonable measures to ensure that users are not attempting to circumvent the safeguards. (5) A generation service may assert the safe harbor protections under this section by motion before trial and is not required to proceed to trial to establish eligibility for the safe harbor.
Utah Code § 13-67-102 — Utah Code / Title 13 / Chapter 13-67 / § 13-67-102
§ 13-67-102. Applicability of chapter.
Status: in_force

This chapter does not apply to an Internet service provider serving as an intermediary for a transmission of an electronic message between members of an online dating service provider.
Utah Code § 13-42-126 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-126
§ 13-42-126. Retention of records.
Status: in_force

(1) For each individual for whom a provider provides debt-management services, the provider shall maintain records for five years after the final payment made by the individual. (2) The provider shall produce a copy of the records to the individual within a reasonable time after a request for the records. (3) The provider may use electronic or other means of storage of the records.
Utah Code § 13-10a-5 — Utah Code / Title 13 / Chapter 13-10a / § 13-10a-5
§ 13-10a-5. Contract requirements.
Status: in_force

(1) Beginning July 1, 1998, each contract for the payment of royalties between a proprietor and a performing rights society or organization executed, issued, or renewed in the state shall: (a) be in writing; (b) be signed by both parties to the contract; and (c) include at least the following information: (i) the proprietor's name and business address and the name and location of each place of business to which the contract applies; (ii) the name and business address of the performing rights society or organization; (iii) the duration of the contract; and (iv) the schedule of rates and terms of royalties to be collected under the contract, including any sliding scale, discount, or schedule for any increase or decrease of those rates for the duration of the contract. (2) (a) Nothing in this act shall be construed to affect any contract signed before July 1, 1998. (b) All contracts signed before July 1, 1998, that are renewed after that date are subject to the requirements of this act.
Utah Code § 13-21-108 — Utah Code / Title 13 / Chapter 13-21 / § 13-21-108
§ 13-21-108. Required disclosures.
Status: in_force

When a credit services organization provides a credit report to a buyer, the credit services organization shall provide to the buyer a written disclosure that identifies: (1) the credit reporting agency providing the information in the report; (2) the name of the credit score model the credit reporting agency uses to calculate the credit score; and (3) the minimum and maximum possible scores under the credit score model the credit reporting agency uses in the credit report.
Utah Code § 13-10-4 — Utah Code / Title 13 / Chapter 13-10 / § 13-10-4
§ 13-10-4. Prohibited practices.
Status: in_force

It is unlawful for any individual, partnership, corporation, or association: (1) to knowingly transfer or cause to be transferred, directly or indirectly, for sale or profit within this state, without the express consent of the owner, by any means, any sounds recorded on a phonographic record, disc, wire, tape, film, or other article or material on which sounds are recorded onto any other phonograph record, disc, wire, tape, film, article, or material; (2) to sell, distribute, circulate, or offer for sale, distribution or circulation, or cause to be sold, distributed, circulated, or possess for the purpose of sale, distribution, or circulation, within the state, for a consideration, any phonograph record, disc, wire, tape, film, or other article or material onto which such sounds have been transferred, with the knowledge that the sounds thereon have been transferred without the express consent of the owner; or (3) to knowingly rent, make available, or permit the use of, or offer to rent, make available, or permit the use of, for a fee, rental, or any other form of compensation, any equipment or machinery for the purpose of enabling, aiding, or causing another to transfer without the consent of the owner any sounds recorded on a phonograph record, disc, wire, tape, film, or other article or material onto any other phonograph record, disc, wire, tape, film, article, or material.
Utah Code § 13-13-7 — Utah Code / Title 13 / Chapter 13-13 / § 13-13-7
§ 13-13-7. Violation an infraction.
Status: in_force

It is unlawful for any person to willfully violate any provision of this chapter. A violation of this chapter is an infraction.
Utah Code § 13-14-306 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-306
§ 13-14-306. Evidence to be considered in determining cause to relocate or establish a new franchised dealership.
Status: in_force

In determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for the same line-make in a given relevant market area, the executive director shall consider: (1) the amount of business transacted by other franchisees of the same line-make in that relevant market area, as compared to business available to the franchisees; (2) the investment necessarily made and obligations incurred by other franchisees of the same line-make in that relevant market area in the performance of their part of their franchisee agreements; (3) the permanency of the existing and proposed investment; (4) whether it is injurious or beneficial to the public welfare or public interest for an additional franchise to be established, including: (a) the impact on any affected municipality; (b) population growth trends in any affected municipality; (c) the number of dealerships in the primary market area of the new or relocated dealership compared to the number of dealerships in each primary market area adjacent to the new or relocated dealership's primary market area; and (d) how the new or relocated dealership would impact the distance and time that an individual in the new or relocated dealership's primary market area would have to travel to access a dealership in the same line-make as the new or relocated dealership; (5) whether the franchisees of the same line-make in that relevant market area are providing adequate service to consumers for the motor vehicles of the line-make, which shall include the adequacy of: (a) the motor vehicle sale and service facilities; (b) equipment; (c) supply of vehicle parts; and (d) qualified service personnel; and (6) whether the relocation or establishment would cause any material negative economic effect on a dealer of the same line-make in the relevant market area.