Utah Code § 13-2-107 — Utah Code / Title 13 / Chapter 13-2 / § 13-2-107
§ 13-2-107. 
Status: in_force

(1) As used in this section, "transactional resources" means: (a) a mail drop or mail box, regardless of whether the mail drop or mail box is located on the premises of a United States Post Office; (b) a telephone or facsimile transmission device; (c) an internet connection by a resident or inhabitant of this state with a resident- or nonresident-maintained internet site; (d) a business office or private residence used for a business-related purpose; (e) an account with or services of a financial institution; (f) the services of a common or private carrier; or (g) the use of a city, county, or state asset or facility, including a road or highway. (2) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division may convene administrative hearings, issue cease and desist orders, and impose fines under all the chapters or sections identified in Section 13-2-102. (3) A person that intentionally violates a final cease and desist order entered by the division of which the person has notice is guilty of a third degree felony. (4) If the division has reasonable cause to believe that a person has violated or is violating any chapter or section listed in Section 13-2-102, the division may promptly issue the alleged violator a citation signed by the division's director or the director's designee. (a) Each citation shall be in writing and shall: (i) set forth with particularity the nature of the violation, including a reference to the statutory or administrative rule provision violated; (ii) state that a request for review of the citation shall be made in writing and be received by the division no more than 20 calendar days after the day on which the division issues the citation; (iii) state the consequences of failing to make a timely request for review; and (iv) state all other information required by Subsection 63G-4-201(2). (b) In computing a time period under this section, the following days may not be included: (i) the day on which the division issues a citation; and (ii) the day on which the division receives a request for review of a citation. (c) (i) Except as provided in Subsection (4)(c)(iii), if the presiding officer finds that there is not substantial evidence that the recipient violated a chapter or section listed in Section 13-2-102: (A) the citation may not become final; and (B) the division shall immediately vacate the citation and promptly notify the recipient in writing. (ii) Except as provided in Subsection (4)(c)(iv), if the presiding officer finds that there is substantial evidence that the recipient violated a chapter or section listed in Section 13-2-102: (A) the citation shall become final; and (B) the division may enter a cease and desist order against the recipient. (iii) For a citation issued for a violation of Chapter 41, Price Controls During Emergencies Act, if the presiding officer finds that there is not clear and convincing evidence that the recipient violated the chapter: (A) the citation may not become final; and (B) the division shall immediately vacate the citation and promptly notify the recipient in writing. (iv) For a citation issued for a violation of Chapter 41, Price Controls During Emergencies Act, if the presiding officer finds that there is clear and convincing evidence that the recipient violated the chapter: (A) the citation shall become final; and (B) the division may enter a cease and desist order against the recipient. (d) (i) A citation issued under this chapter may be personally served upon a person upon whom a summons may be served in accordance with the Utah Rules of Civil Procedure. (ii) A citation also may be served by first-class mail, postage prepaid. (e) (i) If the recipient fails to make a request for review within 20 calendar days after the day on which the division issues the citation, the citation shall become the final order of the division. (ii) The period to contest the citation may be extended by the director for good cause shown. (f) If the chapter or section violated allows for an administrative fine, after a citation becomes final, the director may impose the administrative fine. (5) A person that has violated, is violating, or has attempted to violate a chapter or section identified in Section 13-2-102 is subject to the division's jurisdiction if: (a) the violation or attempted violation is committed wholly or partly within the state; (b) conduct committed outside the state constitutes an attempt to commit a violation within the state; or (c) transactional resources located within the state are used by the offender to directly or indirectly facilitate a violation or attempted violation. (6) The director or the director's designee, for the purposes outlined in a chapter administered by the division, may administer oaths, issue subpoenas, compel the attendance of witnesses, conduct audits, compel sworn responses to written questions, or compel the production of papers, books, accounts, documents, or evidence. (7) (a) An administrative action filed under this chapter or a chapter or section listed in Section 13-2-102 shall be commenced no later than 10 years after the day on which the alleged violation occurs. (b) A civil action filed under this chapter or a chapter or section listed in Section 13-2-102 shall be commenced no later than five years after the day on which the alleged violation occurs. (c) The provisions of this Subsection (7) control over the provisions of Title 78B, Chapter 2, Statutes of Limitations. (8) When granting a judgment in the division's favor in connection with the division's exercise of any authority described in Section 13-2-106 or 13-2-107, a court shall award: (a) reasonable attorney fees; (b) court costs; (c) costs of investigation; and (d) any other relief the court deems appropriate.
Utah Code § 13-77-106 — Utah Code / Title 13 / Chapter 13-77 / § 13-77-106
§ 13-77-106. Scope.
Status: in_force

This chapter does not displace any other remedy or right authorized under: (1) the laws of this state; or (2) federal law.
Utah Code § 13-12-2 — Utah Code / Title 13 / Chapter 13-12 / § 13-12-2
§ 13-12-2. Definitions.
Status: in_force

As used in this act: (1) "Distributor" means any person engaged in the refining of gasoline or motor fuels, who is engaged in the sale, consignment, or distribution of gasoline and oil products through retail outlets which it owns, leases, or otherwise controls, and who maintains an oral or written contractual relationship with a dealer for the sale of the products. (2) "Dealer" means any person engaged in the retail sale of gasoline products under a marketing agreement entered into with a distributor, other than a person who is an employee of a distributor. (3) "Refiner" means a person engaged in the refining of oil products. (4) "Marketing agreement" means any agreement or contract between a refiner or a distributor or a distributor and or retailer or between a refiner and a distributor, under which such retailer or distributor is granted authority to use a trade mark, trade name, service mark, or other identifying symbol or name owned by such refiner or distributor, or any agreement or contract between such parties under which a retailer or distributor is granted authority to occupy premises owned, leased, or in any way controlled by a party to such agreement or contract, for the purpose of engaging in the distribution or sale of petroleum products for purposes other than resale. (5) "Engaged in the retail sale of gasoline products" means that at least 30% of the dealer's gross revenue is derived from the retail sale of gasoline products. (6) "Retail" means the sale of products for purposes other than resale.
Utah Code § 13-68-302 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-302
§ 13-68-302. Accounting for services -- Receipts.
Status: in_force

(1) (a) A lawyer referral consultant shall provide a signed receipt to a client for each payment the client makes. (b) A receipt described in Subsection (1)(a) shall be typed or computer generated on the lawyer referral consultant's letterhead. (2) A lawyer referral consultant shall provide a statement of accounting for the lawyer referral services rendered and payments made: (a) in the client's native language; (b) that is typed or computer generated on the lawyer referral consultant's letterhead; (c) that lists the individual and total charges for services; and (d) that lists the payments made by or on behalf of the client.
Utah Code § 13-52-203 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-203
§ 13-52-203. Contents of disclosure statement for system purchase agreement.
Status: in_force

If a solar retailer is proposing to enter a system purchase agreement with a potential customer, the disclosure statement required in Subsection 13-52-201(1) shall include: (1) a statement with substantially the following form and content: "You are entering an agreement to purchase an energy generation system. You will own the system installed on your property. You may be entitled to federal tax credits because of the purchase. You should consult your tax advisor."; (2) the price quoted to the potential customer for a cash purchase of the system; (3) (a) the schedule of required and anticipated payments from the customer to the solar retailer and third parties over the term of the system purchase agreement, including application fees, up-front charges, down payment, scheduled payments under the system purchase agreement, payments at the end of the term of the system purchase agreement, payments for any operations or maintenance contract offered by or through the solar retailer in connection with the system purchase agreement, and payments for replacement of system components likely to require replacement before the end of the useful life of the system as a whole; and (b) the total of all payments referred to in Subsection (3)(a); (4) a statement indicating that the cost of insuring the system is not included within the schedule of payments under Subsection (3); (5) a statement, if applicable, with substantially the following form and content: "You are responsible for obtaining insurance coverage for any loss or damage to the system. You should consult an insurance professional to understand how to protect against the risk of loss or damage to the system. You should also consult your home insurer about the potential impact of installing a system."; and (6) information about whether the system may be transferred to a purchaser of the home or real property where the system is located and any conditions for a transfer.
Utah Code § 13-11-16 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-16
§ 13-11-16. Investigatory powers of the division.
Status: in_force

(1) If the division has reason to believe that a person has engaged in, is engaging in, or is about to engage in an act or practice that violates this chapter, the division may investigate and otherwise act in accordance with Sections 13-2-106 and 13-2-107 and other provisions of this chapter. (2) (a) If the matter that the division subpoenas is located outside this state, the person subpoenaed may either make the matter available to the division at a convenient location within the state or pay the reasonable and necessary expenses for the division or the division's representative to examine the matter at the place where the matter is located. (b) The division may designate representatives, including officials of the state in which the matter is located, to inspect the matter on the division's behalf, and may respond to similar requests from officials of other states. (3) Upon failure of a person without lawful excuse to obey a subpoena and upon reasonable notice to all persons affected, the division may apply to the court for an order compelling compliance. (4) In the event a witness asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled in accordance with Title 77, Chapter 22b, Grants of Immunity.
Utah Code § 13-49-301 — Utah Code / Title 13 / Chapter 13-49 / § 13-49-301
§ 13-49-301. Requirements for written contract -- Prohibited statements.
Status: in_force

(1) (a) Before an immigration consultant may provide services to a client, the immigration consultant shall provide the client with a written contract. (b) The contents of a written contract described in this Subsection (1) shall comply with this section and rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) A client may cancel a written contract on or before midnight of the third business day after the day on which the immigration consultant and client execute the written contract, excluding weekends and state and federal holidays. (2) A written contract under this section shall be stated in both English and in the client's native language. (3) A written contract under this section shall: (a) state the purpose for which the client has hired the immigration consultant; (b) state the one or more services the immigration consultant will perform; (c) state the price for a service the immigration consultant will perform; (d) include a statement printed in 12-point boldface font that the immigration consultant is not an attorney and may not perform the legal services that an attorney performs; (e) with regard to a document the immigration consultant prepares: (i) list the document the immigration consultant will prepare; (ii) explain the purpose of the document; (iii) explain the process the immigration consultant will follow in preparing of the document; (iv) explain the action the immigration consultant will take; (v) state the agency or office where the immigration consultant will file each document; and (vi) state the approximate processing times according to current published agency guidelines; (f) include a provision stating that the person may report complaints relating to an immigration consultant to the: (i) division, including a telephone number and website; and (ii) Office of Immigrant Assistance of the United States Department of Justice, including a telephone number and website; (g) include a provision stating that a person may report complaints concerning the unauthorized practice of law to the Utah State Bar, including a telephone number and website; and (h) in accordance with Subsection (1)(c), include a provision stating in 12-point boldface font on the first page of the written contract in both English and in the client's native language in accordance with Subsection (2): "You may cancel this contract on or before midnight of the third business day after execution of the written contract." (4) A written contract may not contain a provision relating to the following: (a) a guarantee or promise, unless the immigration consultant has some basis in fact for making the guarantee or promise; or (b) 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. (5) An immigration consultant may not make a statement described in Subsection (4) orally to a client. (6) A written contract is void if not written in accordance with this section.
Utah Code § 13-1a-9 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-9
§ 13-1a-9. Fees of Division of Corporations and Commercial Code.
Status: in_force

10/1/2026In addition to the fees prescribed by Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, the Division of Corporations and Commercial Code shall receive and determine fees pursuant to Section 63J-1-504 for filing articles of incorporation or amendments of insurance corporations, of canal or irrigation corporations organized for furnishing water to lands owned by the members thereof exclusively, or of water users' associations organized in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, and which are authorized to furnish water only to their stockholders. No license fee may be imposed on insurance corporations, canal or irrigation corporations organized for furnishing water to lands owned by the members thereof exclusively, or water users' associations organized in conformity with the requirements of the United States under the Reclamation Act of June 17, 1902, and which are authorized to furnish water only to the stockholders at the time any such corporation files its articles of incorporation, articles of amendment increasing the number of authorized shares, or articles of merger or consolidation, any provision of Title 16, Chapter 10a, Utah Revised Business Corporation Act, to the contrary notwithstanding.
Utah Code § 13-40-103 — Utah Code / Title 13 / Chapter 13-40 / § 13-40-103
§ 13-40-103. Application of chapter.
Status: in_force

This chapter applies to conduct involving a computer, software, or an advertisement located in, sent to, or displayed in this state.
Utah Code § 13-53-103 — Utah Code / Title 13 / Chapter 13-53 / § 13-53-103
§ 13-53-103. Registration of a residential vocational or life skills program.
Status: in_force

(1) An owner or a manager of a residential vocational or life skills program shall annually register the residential vocational or life skills program with the division. (2) An application for registration shall: (a) be on a form the division approves; and (b) include: (i) the name, address, telephone number, email address, and website of the nonprofit corporation operating the residential vocational or life skills program; (ii) a designated registered agent for service of process in the state, and the registered agent's: (A) name; (B) street address; (C) mailing address; and (D) telephone number; (iii) the name, address, telephone number, email address, and website of the residential vocational or life skills program; (iv) the name and address of each entity that controls, is controlled by, or is affiliated with the residential vocational or life skills program; (v) the name and residential address of each officer, director, manager, or administrator of the residential vocational or life skills program; (vi) the name, address, telephone number, email address, and website of each vocational training entity affiliated with the residential vocational or life skills program; (vii) a disclosure indicating whether an officer, a director, or an administrator of the residential vocational or life skills program has been the subject of an administrative action by the division; (viii) a disclosure indicating whether any officer, director, or administrator of the residential vocational or life skills program has been convicted of a felony or a misdemeanor involving theft, fraud, or dishonesty, in the 10-year period preceding the day on which the residential vocational or life skills program files the application; (ix) financial information described in Subsection 13-53-108(1); (x) proof of a commercial general liability and umbrella insurance policy providing at least a $1,000,000 per occurrence limit of liability; (xi) a copy of the disclosure required under Section 13-53-106; (xii) evidence that the applicant meets the description of a residential vocational or life skills program under Subsection 13-53-102(5); and (xiii) additional information that the division requires, as provided in administrative rule. (3) A residential vocational or life skills program is registered on the day that the division issues the registration. (4) The division's issuance of a registration for a residential vocational or life skills program does not constitute the state's or the division's endorsement or approval of the residential vocational or life skills program. (5) An applicant for the registration of a residential vocational or life skills program shall file a separate application and pay a separate application fee for each residential vocational or life skills program location. (6) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the registration application process and administer this chapter. (7) The division may set fees in accordance with Section 63J-1-504 for a residential vocational or life skills program registration application. (8) An applicant for the registration of a residential vocational or life skills program shall update registration information within 30 days after the day on which information the applicant provides in the application becomes incorrect or incomplete. (9) Registration of a residential vocational or life skills program is effective for one year after the day on which the division issues the registration. (10) To renew a residential vocational or life skills program registration under this section, a residential vocation or life skills program shall submit a registration renewal application to the division at least 30 days before the day on which the residential vocational or life skills program's registration expires.
Utah Code § 13-54-203 — Utah Code / Title 13 / Chapter 13-54 / § 13-54-203
§ 13-54-203. Resale refund requirements.
Status: in_force

A primary ticket seller or reseller from which a consumer purchases a ticket shall guarantee a full refund, including handling fees, if: (1) the event for which the primary ticket seller or reseller sold the ticket is canceled; (2) the ticket does not grant the purchaser admission to the event; (3) the ticket is counterfeit; or (4) the ticket fails to conform to the description that the primary ticket seller or reseller advertised to the purchaser.
Utah Code § 13-60-204 — Utah Code / Title 13 / Chapter 13-60 / § 13-60-204
§ 13-60-204. Restrictions on employers.
Status: in_force

(1) Except as provided in Subsection (2), an employer may not in connection with a hiring, promotion, retention, or other related decision: (a) access or otherwise take into consideration private genetic information about an individual; (b) request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual; (c) request or require an individual or the individual's blood relative to submit to: (i) a genetic test; or (ii) a genetic procedure; or (d) inquire into or otherwise take into consideration the fact that an individual or the individual's blood relative has: (i) taken or refused to take a genetic test; or (ii) undergone or refused to undergo a genetic procedure. (2) (a) Notwithstanding Subsection (1), an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to Subsection (2)(b) in connection with: (i) an employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or (ii) an employment-related decision in which the employer has a reasonable basis to believe that the individual's health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment. (b) (i) An order compelling the disclosure of private genetic information pursuant to this Subsection (2) may only be entered upon a finding that: (A) other ways of obtaining the private information are not available or would not be effective; and (B) there is a compelling need for the private genetic information which substantially outweighs the potential harm to the privacy interests of the individual. (ii) An order compelling the disclosure of private genetic information pursuant to this Subsection (2) shall: (A) limit disclosure to those parts of the record containing information essential to fulfill the objective of the order; (B) limit disclosure to those persons whose need for the information is the basis of the order; and (C) include such other measures as may be necessary to limit disclosure for the protection of the individual.
Utah Code § 13-53-110 — Utah Code / Title 13 / Chapter 13-53 / § 13-53-110
§ 13-53-110. Enforcement.
Status: in_force

(1) The division may investigate facilities and enforce this chapter under the authority described in Chapter 2, Division of Consumer Protection. (2) To monitor the welfare of participants and transitional graduates, if any, and to monitor the safe operation of a residential vocational or life skills program, the division shall: (a) annually perform an on-site inspection of a registered residential vocational or life skills program; (b) refer each concern that the division identifies during the on-site inspection to the state or municipal entity responsible for the area of concern; and (c) coordinate with each relevant state and municipal entity to monitor the residential vocational or life skills program's compliance with the entity's relevant health and safety regulations. (3) In addition to penalties established by this chapter and in addition to the enforcement authority described in Chapter 2, Division of Consumer Protection, the division may: (a) impose an administrative fine of up to $2,500 for a violation of this chapter; and (b) the division may bring an action in a court with jurisdiction to enforce a provision of this chapter. (4) In a court action the division brings to enforce a provision of this chapter, the court may: (a) declare that an act or practice violates a provision of this chapter; (b) issue an injunction for a violation of this chapter; (c) order disgorgement of any money received in violation of this chapter; (d) order payment of disgorged money to an injured purchaser or consumer; (e) impose a fine of up to $2,500 for each violation of this chapter; or (f) award any other relief that the court deems reasonable and necessary.
Utah Code § 13-32a-106.5 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-106.5
§ 13-32a-106.5. Confidentiality of pawn and purchase transactions.
Status: in_force

(1) A ticket, copy of a ticket, information from a ticket, or information required under Section 13-32a-104.7 delivered to a local law enforcement agency or transmitted to the central database under Section 13-32a-106 is a protected record under Section 63G-2-305. (2) In addition to use by the issuing pawn or secondhand business or catalytic converter purchaser, the ticket, copy of a ticket, information from a ticket, or information required under Section 13-32a-104.7 may be used only by a law enforcement agency and the division and only for the law enforcement and administrative enforcement purposes of: (a) investigating possible criminal conduct involving the property delivered: (i) to the pawn or secondhand business in a pawn transaction or secondhand merchandise transaction; or (ii) to a catalytic converter purchaser in a catalytic converter purchase; (b) investigating a possible violation of the record keeping or reporting requirements of this chapter when the local law enforcement agency or the division, based on a review of the records and information received, has reason to believe that a violation has occurred; (c) responding to an inquiry from an insurance company investigating a claim for physical loss of described property by searching the central database to determine if property matching the description has been delivered to a pawn or secondhand business or catalytic converter purchaser by another person in a pawn transaction, secondhand merchandise purchase transaction, or catalytic converter purchase and if so, obtaining from the central database: (i) a description of the property; (ii) the name and address of the pawn or secondhand business or catalytic converter purchaser that received the property; and (iii) the name, address, and date of birth of the conveying individual; and (d) taking enforcement action under Section 13-2-106 against a pawn or secondhand business or catalytic converter purchaser. (3) An insurance company making a request under Subsection (2)(c) shall provide the police report case number concerning the described property. (4) (a) A person may not knowingly and intentionally use, release, publish, or otherwise make available to any person any information obtained from the central database for any purpose other than those specified in Subsection (2). (b) Each separate violation of Subsection (4)(a) is a class B misdemeanor. (c) Each separate violation of Subsection (4)(a) is subject to a civil penalty not to exceed $250.
Utah Code § 13-42-104 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-104
§ 13-42-104. Registration required.
Status: in_force

(1) Except as otherwise provided in Subsection (2), a provider may not provide debt-management services to an individual who the provider reasonably should know resides in this state at the time the provider agrees to provide the services, unless the provider is registered under this chapter. (2) If a provider is registered under this chapter, Subsection (1) does not apply to an employee or agent of the provider. (3) The division shall maintain and publicize a list of the names of all registered providers.
Utah Code § 13-1-8 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-8
§ 13-1-8. Annual report.
Status: in_force

The department shall prepare and submit to the governor and the Legislature by October 1 of each year an annual report of the operation, activities and goals of the department, its divisions, and agencies for the preceding fiscal year.
Utah Code § 13-35-204 — Utah Code / Title 13 / Chapter 13-35 / § 13-35-204
§ 13-35-204. Franchisor's obligations related to service -- Franchisor audits -- Time limits.
Status: in_force

(1) Each franchisor shall specify in writing to each of its franchisees licensed as a new powersport vehicle dealer in this state: (a) the franchisee's obligations for new powersport vehicle preparation, delivery, and warranty service on its products; (b) the schedule of compensation to be paid to the franchisee for parts, work, and service; and (c) the time allowance for the performance of work and service. (2) (a) The schedule of compensation described in Subsection (1) shall include reasonable compensation for diagnostic work, as well as repair service, parts, and labor. (b) Time allowances described in Subsection (1) for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed. (3) (a) In the determination of what constitutes reasonable compensation under this section, the principal factor to be considered is the prevailing wage rates being paid by franchisees in the relevant market area in which the franchisee is doing business. (b) Compensation of the franchisee for warranty service work may not be less than the amount charged by the franchisee for like parts and service to retail or fleet customers, if the amounts are reasonable. For purposes of this Subsection (3)(b), the term "cost" shall be that same price paid by a franchisee to a franchisor or supplier for the part when the part is purchased for a nonwarranty repair. (4) A franchisor may not fail to: (a) perform any warranty obligation; (b) include in written notices of franchisor's recalls to new powersport vehicle owners and franchisees the expected date by which necessary parts and equipment will be available to franchisees for the correction of the defects; or (c) compensate any of the franchisees for repairs effected by the recall. (5) If a franchisor disallows a franchisee's claim for a defective part, alleging that the part is not defective, the franchisor at its option shall: (a) return the part to the franchisee at the franchisor's expense; or (b) pay the franchisee the cost of the part. (6) (a) A claim made by a franchisee pursuant to this section for labor and parts shall be paid within 30 days after its approval. (b) (i) A claim shall be either approved or disapproved by the franchisor within 30 days after receipt of the claim on a form generally used by the franchisor and containing the generally required information. (ii) Any claim not specifically disapproved of in writing within 30 days after the receipt of the form is considered to be approved, and payment shall be made within 30 days. (7) Warranty service audits of franchisee records may be conducted by the franchisor on a reasonable basis. (8) A franchisee's claim for warranty compensation may not be denied except for good cause such as performance of nonwarranty repairs, lack of material documentation, fraud, or misrepresentation. (9) (a) Any charge backs for warranty parts or service compensation and service incentives shall only be enforceable for the 12-month period immediately following the date the payment for warranty reimbursement was made by the franchisor. (b) Except as provided in Subsection (9)(c), all charge backs levied by a franchisor for sales compensation or sales incentives arising out of the sale or lease of a powersport vehicle sold by a franchisee shall be compensable only if written notice of the charge back is received by the franchisee within 24 months immediately following the date when payment for the sales compensation was made by the franchisor. (c) The time limitations of this Subsection (9) do not preclude charge backs for any fraudulent claim that was previously paid.
Utah Code § 13-47-202 — Utah Code / Title 13 / Chapter 13-47 / § 13-47-202
§ 13-47-202. Liability protections.
Status: in_force

(1) A private employer may not be held civilly liable under state law in a cause of action for the private employer's unlawful hiring of an unauthorized alien, as defined in 8 U.S.C. Sec. 1324a, if: (a) the private employer complies with Section 13-47-201; and (b) the information obtained in accordance with the status verification system indicated that the employee's federal legal status allowed the private employer to hire the employee. (2) A private employer may not be held civilly liable under state law in a cause of action for the private employer's refusal to hire an individual if: (a) the private employer complies with Section 13-47-201; and (b) the information obtained in accordance with the status system verification indicated that the individual's federal legal status was that of an unauthorized alien as defined in 8 U.S.C. Sec. 1324a.
Utah Code § 13-71-201 — Utah Code / Title 13 / Chapter 13-71 / § 13-71-201
§ 13-71-201. Age assurance required.
Status: in_force

(1) A social media company shall implement an age assurance system to determine whether a current or prospective Utah account holder on the social media company's social media service is a minor. (2) A Utah account holder that the social media company identifies as a minor through the use of an age assurance system is subject to the requirements in Sections 13-71-202 and 13-71-203. (3) A social media company shall: (a) implement a review process allowing account holders to appeal the account holder's age designation by submitting documentary evidence to establish the account holder's age range; and (b) review evidence submitted by the account holder and make a determination within 30 days of submission of the evidence. (4) A social media company shall segregate any personal information gathered specifically within the age assurance system and shall not use the personal information for any other purposes except for the purposes listed in Subsections 13-71-204(4)(a) through (f).
Utah Code § 13-1-6 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-6
§ 13-1-6. Rules and regulations.
Status: in_force

(1) The executive director shall prescribe rules and procedures for the management and operation of the department, the conduct of its employees, and the custody, use, and preservation of its records, papers, books, documents, and property. (2) The department and its divisions, in contemplation, formulation, and passage of rules pursuant to Subsection (1), shall acknowledge and consider the facilitation of commerce in all its forms, including reliable electronic commerce, for the benefit of both consumers and businesses.
Utah Code § 13-15-302 — Utah Code / Title 13 / Chapter 13-15 / § 13-15-302
§ 13-15-302. Private right of action.
Status: in_force

(1) A purchaser may bring an action in a court of competent jurisdiction against a seller who does not comply with this chapter. (2) If a court of competent jurisdiction finds that a seller violated this chapter, a purchaser who brings an action under Subsection (1) is entitled to: (a) rescission of the contract; (b) an award of reasonable attorney fees and costs of court in an action to enforce the right of rescission; and (c) an amount equal to the greater of: (i) actual damages; or (ii) $2,000.
Utah Code § 13-72-401 — Utah Code / Title 13 / Chapter 13-72 / § 13-72-401
§ 13-72-401. Regulatory mitigation agreements and joint interpretation agreements.
Status: in_force

(1) A participant who uses or wants to utilize an artificial intelligence technology in the state may apply for a regulatory mitigation agreement or a joint interpretation agreement according to criteria and procedures outlined by the office by rule made under Section 13-72-201. (2) The office may grant, on a temporary basis, regulatory mitigation to a participant by entering into a regulatory mitigation agreement or a joint interpretation agreement with the office and relevant agency heads or governmental entity heads. (3) To receive a regulatory mitigation agreement or a joint interpretation agreement, a participant must demonstrate that the participant meets eligibility criteria established in Section 13-72-402. (4) A regulatory mitigation agreement or a joint interpretation agreement between a participant and the office and relevant agencies or governmental entities shall specify: (a) limitations on scope of the use of the participant's artificial intelligence technology, which may include: (i) the number and types of users; (ii) geographic limitations; and (iii) other limitations to implementation; (b) safeguards to be implemented; (c) any regulatory mitigation granted to the applicant; (d) any required disclosures to consumers; and (e) reporting requirements to comply with audits from the office. (5) The office shall consult with relevant agencies and governmental entities regarding appropriate terms in a regulatory mitigation agreement or a joint interpretation agreement. (6) The office shall perform regular audits of a participant's application of artificial intelligence technology while a regulatory mitigation agreement or a joint interpretation agreement remains in effect. (7) A participant remains subject to all legal and regulatory requirements not expressly waived or modified by the terms of the regulatory mitigation agreement or clarified in a joint interpretation agreement. (8) (a) The office may terminate a regulatory mitigation agreement or a joint interpretation agreement at any time and for any reason, and the participant does not have an expectation of a property right or license to participate in the learning laboratory. (b) A participant using or deploying an artificial intelligence technology that violates legal or regulatory requirements or the terms of a regulatory mitigation agreement or a joint interpretation agreement may be immediately removed from further participation and subject to all applicable civil and criminal penalties. (9) Participation in the learning laboratory, including signing a regulatory mitigation agreement or joint interpretation agreement, does not constitute an endorsement or approval from the state. (10) The state shall not be responsible for any claims, liabilities, damages, losses, or expenses arising out of a participant's: (a) involvement in the learning laboratory; or (b) actions taken in accordance with a regulatory mitigation agreement or joint interpretation agreement.
Utah Code § 13-42-138 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-138
§ 13-42-138. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Utah Code § 13-26-104 — Utah Code / Title 13 / Chapter 13-26 / § 13-26-104
§ 13-26-104. Exemptions from registration.
Status: in_force

(1) In an enforcement action initiated by the division, a person claiming an exemption has the burden of proving that the person is entitled to the exemption. (2) The following are exempt from this chapter except for the requirements described in Sections 13-26-106 and 13-26-108: (a) a broker, agent, dealer, or sales professional licensed in this state, when soliciting sales within the scope of the broker's, agent's, dealer's, or sales professional's license; (b) the solicitation of sales by: (i) a public utility that is regulated under Title 54, Public Utilities, or by an affiliate of the public utility; (ii) a newspaper of general circulation; (iii) a solicitation of sale made by a broadcaster licensed by a state or federal authority; (iv) a nonprofit organization if no part of the net earnings from the sale inures to the benefit of: (A) a member, officer, trustee, or serving board member of the organization; or (B) an individual, or a family member of an individual, holding a position of authority or trust in the organization; and (v) a person who periodically publishes and delivers a catalog of the seller's merchandise to prospective purchasers, if the catalog: (A) contains the price and a written description or illustration of each item offered for sale; (B) includes the seller's business address; (C) includes at least 24 pages of written material and illustrations; (D) is distributed in more than one state; and (E) has an annual circulation by mailing of not less than 250,000; (c) a publicly traded corporation registered with the Securities and Exchange Commission, or a subsidiary of the publicly traded corporation; (d) the solicitation of a depository institution as defined in Section 7-1-103, a subsidiary of a depository institution, personal property broker, securities broker, investment adviser, consumer finance lender, or insurer subject to regulation by an official agency of this state or the United States; (e) the solicitation by a person soliciting only the sale of telephone services to be provided by the person or the person's employer; (f) the solicitation of a person relating to a transaction regulated by the Commodities Futures Trading Commission, if: (i) the person is registered with or temporarily licensed by the commission to conduct the activity under the Commodity Exchange Act; and (ii) the registration or license has not expired or been suspended or revoked; (g) the solicitation of a contract for the maintenance or repair of goods previously purchased from the person: (i) who is making the solicitation; or (ii) on whose behalf the solicitation is made; (h) the solicitation of previous customers of the person on whose behalf the call is made if the person making the call: (i) does not offer any premium in conjunction with a sale or offer; (ii) is not selling an investment or an opportunity for an investment that is not registered with a state or federal authority; and (iii) is not regularly engaged in telephone sales; (i) the solicitation of a sale that is an isolated transaction and not done in the course of a pattern of repeated transactions of a similar nature; (j) the solicitation of a person by a retail business that has been in operation for at least five years in Utah under the same name as that used in connection with telemarketing if the following occur on a continuing basis: (i) at the retail business's place of business, the retail business: (A) displays and offers products for sale; or (B) offers services for sale and provides the services at the place of business; and (ii) a majority of the retail business's business involves the activities described in Subsection (2)(j)(i); (k) a person primarily soliciting the sale of a magazine or periodical sold by the publisher or the publisher's agent through a written agreement, or printed or recorded material through a contractual plan, such as a book or record club, continuity plan, or standing order arrangement, if: (i) the person provides the consumer with a form that the consumer may use to instruct the person not to ship the offered merchandise, and the arrangement is regulated by the Federal Trade Commission trade regulation concerning use of negative option plans by a person making a sale in commerce; or (ii) (A) the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis; and (B) the consumer retains the right to cancel at any time and receive a full refund for the unused portion; (l) a telephone marketing service company that provides telemarketing sales services under contract to a person making a sale if: (i) the telephone marketing service company has been doing business regularly with customers in Utah for at least five years under the same business name and with the telephone marketing service company's principal office in the same location; (ii) at least 75% of the telephone marketing service company's contracts are performed on behalf of persons exempt from registration under this chapter; and (iii) neither the telephone marketing service company nor the telephone marketing service company's principals have been enjoined from doing business or subjected to criminal actions for the telephone marketing service company's or the telephone marketing company's principal's business activities in this or any other state; (m) a credit services organization that holds a current registration with the division under Chapter 21, Credit Services Organizations Act, if the credit services organization's telephone solicitations are limited to the solicitation of services regulated under Chapter 21, Credit Services Organizations Act; and (n) a provider that holds a current registration with the division under Chapter 42, Uniform Debt-Management Services Act, if the provider's telephone solicitations are limited to the solicitation of services regulated under Chapter 42, Uniform Debt-Management Services Act.
Utah Code § 13-42-109 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-109
§ 13-42-109. Certification of registration -- Issuance or denial.
Status: in_force

(1) Except as otherwise provided in Subsections (2) and (3), the division shall issue a certificate of registration as a provider to a person that complies with Sections 13-42-105 and 13-42-106. (2) The division may deny registration if: (a) the application contains information that is materially erroneous or incomplete; (b) an officer, director, or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty or the violation of state or federal securities laws; (c) the applicant or any of the applicant's officers, directors, or owners has defaulted in the payment of money collected for others; or (d) the division finds that the financial responsibility, experience, character, or general fitness of the applicant or the applicant's owners, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this chapter. (3) The division shall deny registration if: (a) the application is not accompanied by the fee the division establishes in accordance with Section 63J-1-504; or (b) with respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. Sec. 501, the applicant's board of directors is not independent of the applicant's employees and agents. (4) Subject to adjustment of the dollar amount in accordance with Subsection 13-42-132(6), a board of directors is not independent for purposes of Subsection (3) if more than one-fourth of the applicant's members: (a) are affiliates of the applicant, as defined in Subsection 13-42-102(1)(a) or 13-42-102(1)(b)(i), (ii), (iv), (v), (vi), (vii), or (viii); or (b) within 10 years before the day on which the applicant's member first became a director of the applicant, the applicant's member was employed by or a director of a person that received from the applicant more than $25,000 in either the current year or the preceding year.
Utah Code § 13-57-102 — Utah Code / Title 13 / Chapter 13-57 / § 13-57-102
§ 13-57-102. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Commercial maintenance funding agreement" means a written agreement: (i) whereby a third party agrees to provide funds to a named party affiliated with a legal claim; and (ii) that creates a direct or collateralized interest in the proceeds of a legal claim by settlement, verdict, judgment, or otherwise, which interest is based in whole or in part on a funding-based obligation to a legal claim. (b) "Commercial maintenance funding agreement" does not include: (i) a consumer maintenance funding agreement; (ii) an agreement between an attorney and a client for the attorney to provide legal services on a contingency-fee basis or to advance the clients legal costs; (iii) a health insurance plan or agreement; (iv) a repayment agreement with a financial institution if the repayment is not contingent upon the outcome of the legal claim; (v) a funding agreement to a nonprofit organization that represents a client on a pro bono basis; (vi) an agreement of an assigned claim to prosecute an environmental contamination matter seeking remediation of, or to recover the cost of remediating, a site that has been on the U.S. Environmental Protection Agency's Superfund National Priorities List; (vii) an agreement between a health care provider and a patient to provide medical treatment on a lien if the repayment is not contingent on the outcome of the legal claim; or (viii) an agreement between a third party and a party to a legal claim to provide funding for medical treatment related to a legal claim on a lien if the repayment is not contingent upon the outcome of the legal claim. (2) (a) "Commercial maintenance funding provider" means a person that enters into a commercial maintenance funding agreement with a party to a legal claim. (b) "Commercial maintenance funding provider" does not include a nonprofit organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. (3) "Consumer" means: (a) an individual who resides or is domiciled in the state; (b) an individual who is a plaintiff with a legal claim in the state; or (c) an estate for a decedent in a wrongful death claim in the state. (4) (a) "Consumer maintenance funding agreement" means a non-recourse transaction in which a consumer maintenance funding provider purchases contingent rights to receive an amount of the potential proceeds of a settlement, judgment, award, or verdict obtained in the consumer's legal claim, with funds paid directly to the consumer. (b) "Consumer maintenance funding agreement" does not include: (i) an agreement between a health care provider and a patient for providing medical treatment on a lien basis if repayment is not contingent on the outcome of the legal claim; or (ii) an agreement between a third party and a party to a legal claim for providing funds for medical treatment related to the legal claim on a lien basis if repayment is not contingent on the outcome of the legal claim. (5) (a) "Consumer maintenance funding provider" means a person that enters into a consumer maintenance funding agreement with a consumer. (b) "Consumer maintenance funding provider" does not include: (i) an immediate family member of a consumer; (ii) an accountant providing accounting services to a consumer; (iii) an attorney providing legal services to a consumer; or (iv) a bank, lender, financing entity, or other special purpose entity: (A) that provides financing to a consumer litigation funding company; or (B) to which a consumer litigation funding company grants a security interest or transfers a right or interest in a consumer litigation funding agreement. (6) "Director" means the director of the division. (7) "Division" means the Division of Consumer Protection established in Section 13-2-102. (8) "Foreign country or person of concern" means: (a) a foreign government or person listed in 15 C.F.R. Sec. 791.4; or (b) an entity designated as a restricted foreign entity in accordance with Section 63L-13-101. (9) (a) "Foreign entity of concern" means a partnership, association, corporation, organization, or other legal entity that: (i) is organized or incorporated in a foreign country of concern; (ii) is owned or operated by a government, a political subdivision, or a political party of a foreign country of concern; (iii) has a principal place of business in a foreign country of concern; or (iv) a foreign organization owns, organizes, or controls that: (A) is on the federal Office of Foreign Assets Control specially designated nationals and blocked persons list; or (B) the United States Secretary of State designates as a foreign terrorist organization. (b) "Foreign entity of concern" includes an individual that owns, has a controlling interest in, or is a director or senior officer of any entity that falls within Subsection (10)(a). (10) "Health care provider" means the same as that term is defined in Section 78B-3-403. (11) "Maintenance funding provider" means a consumer maintenance funding provider or a commercial maintenance funding provider.
Utah Code § 13-82-301 — Utah Code / Title 13 / Chapter 13-82 / § 13-82-301
§ 13-82-301. Administration and enforcement -- Powers -- Legal counsel -- Fees.
Status: in_force

(1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection. (2) (a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection: (i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (ii) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter. (b) In a court action by the division to enforce a provision of this chapter, the court may: (i) declare that an act or practice violates a provision of this chapter; (ii) issue an injunction for a violation of this chapter; (iii) impose a fine of up to $2,500 for each violation of this chapter; or (iv) 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 13-2-8.
Utah Code § 13-45-202 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-202
§ 13-45-202. Removal of security freeze -- Requirements and timing.
Status: in_force

(1) A consumer reporting agency shall remove a security freeze from a consumer's credit report only if: (a) (i) the consumer reporting agency receives the consumer's request through the contact method established and required in accordance with Subsection 13-45-201(5); and (ii) the consumer reporting agency receives the consumer's proper identification or unique personal identifier; or (b) the consumer makes a material misrepresentation of fact in connection with the placement of the security freeze and the consumer reporting agency notifies the consumer in writing before removing the security freeze. (2) A consumer reporting agency shall temporarily remove a security freeze upon receipt of: (a) the consumer's request through the contact method established by the consumer reporting agency in accordance with Subsection 13-45-201(5); (b) the consumer's proper identification or unique personal identifier; and (c) a specific designation of the period of time for which the security freeze is to be removed. (3) A consumer reporting agency shall remove or temporarily remove a security freeze from a consumer's credit report within: (a) three business days after the business day on which the consumer's written request to remove the security freeze is received by the consumer reporting agency at the postal address chosen by the consumer reporting agency in accordance with Subsection 13-45-201(5)(b)(i); or (b) 15 minutes after the consumer's request is received by the consumer reporting agency through a contact method described in Subsection 13-45-201(5)(b)(ii) or (iii), and includes the consumer's unique personal identifier. (4) (a) The time requirement described in Subsection (3)(b) does not apply if the consumer reporting agency's ability to remove 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 (4)(a), the consumer reporting agency shall remove the security freeze as soon as practicable.
Utah Code § 13-53-108 — Utah Code / Title 13 / Chapter 13-53 / § 13-53-108
§ 13-53-108. Financial requirements.
Status: in_force

(1) When applying for registration under Subsection 13-53-103(2), an applicant shall demonstrate financial responsibility by providing evidence to the division that the residential vocational or life skills program: (a) is financially sound; and (b) reasonably has the financial ability to fulfill commitments and obligations to the participants of the residential vocational or life skills program. (2) Evidence acceptable to satisfy the requirement described in Subsection (1) includes: (a) for a residential vocational or life skills program that has been in operation less than one fiscal year: (i) pro forma financial statements until further information described in Subsection (2)(b) is available; (ii) a commercial credit report for the residential vocational or life skills program; and (iii) a personal credit report for: (A) each owner of the residential vocational or life skills program who controls at least 10% of the ownership interests in the residential vocational or life skills program; or (B) each individual that exercises substantial control over the residential or life skills program; or (b) for a residential vocational or life skills program that has completed a fiscal year, and as soon as the residential vocational or life skills program completes the residential vocational or life skills program's first fiscal year: (i) a current financial statement, with all applicable footnotes, for the most recent fiscal year, including a balance sheet, a statement of income, a statement of retained earnings, and a statement of cash flow; and (ii) a certified financial audit of the residential vocational or life skills program's financial statement, that a certified public accountant performs. (3) In evaluating a residential vocational or life skills program's financial responsibility, the division may consider: (a) a judgment, tax lien, collection action, bankruptcy schedule, or history of late payments to creditors; (b) documentation showing the resolution of a matter described in Subsection (3)(a); (c) the residential vocational or life skills program's explanation for a matter described in Subsection (3)(a); (d) a guarantee agreement provided for the residential vocational or life skills program; and (e) history of a prior entity that: (i) is owned or operated by any individual who is an officer, a director, or an administrator of the residential vocational or life skills program; and (ii) has failed to maintain financial responsibility. (4) The division may require evidence of financial status at other times when requiring evidence of financial status is in the best interest of the program participants to require the information. (5) The division may perform a fiscal audit of a residential vocational or life skills program. (6) A residential vocational or life skills program shall develop and maintain adequate internal controls for receipt, management, and disbursement of money that are reasonable in light of the residential vocational or life skills program's organizational complexity.
Utah Code § 13-10a-7 — Utah Code / Title 13 / Chapter 13-10a / § 13-10a-7
§ 13-10a-7. Provisions of chapter not exclusive.
Status: in_force

The remedies, duties, and prohibitions of this chapter are not exclusive and are in addition to all other causes of actions, remedies, and penalties provided by law.
Utah Code § 13-34-111 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-111
§ 13-34-111. Exemptions.
Status: in_force

(1) As used in this section, "State Authorization Reciprocity Agreement" or "SARA" means an agreement among member states, districts, and territories establishing comparable national standards for offering interstate postsecondary distance education courses and programs. (2) (a) Except as provided in Subsection (2)(b), this chapter does not apply to a public postsecondary school. (b) Notwithstanding Subsection (2)(a), the division may issue a state authorization certificate to a public postsecondary school in accordance with Section 13-34-302. (3) A postsecondary school is exempt from Sections 13-34-201 through 13-34-205 if: (a) the postsecondary school: (i) is an active participant institution in SARA that provides distance education to an individual in Utah in accordance with SARA; and (ii) does not maintain a physical presence in the state; (b) a bona fide church or religious organization that is exempt from property taxation by this state owns, controls, operates, or maintains the postsecondary school; (c) is a business organization, trade or professional association, fraternal society, or labor organization that: (i) sponsors or conducts postsecondary education primarily for its employees, independent contractors, or members; and (ii) does not advertise as a school; or (d) exclusively offers one or more of the following: (i) postsecondary education: (A) (I) that is avocational, nonvocational, or recreational; (II) for which the postsecondary school does not represent vocational objectives; and (III) for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; (B) (I) that is a prerequisite to obtain or maintain a license or certification issued by a government agency; and (II) through a postsecondary school that a Utah or federal government agency regulates and licenses, registers, or otherwise approves to provide the education; or (C) (I) for which the postsecondary school charges a student less than an amount established by division rule in any 12-month period; and (II) for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; (ii) preparation for an individual to teach courses or instruction described in Subsection (3)(d)(i)(A); (iii) courses in English as a second language or other language courses; (iv) instruction to advance personal development or a general professional skill: (A) that is not independently sufficient to prepare an individual for specific employment; and (B) for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; (v) instruction designed to prepare an individual to run for political office, for which the postsecondary school does not grant a degree, diploma, or other educational credential commensurate with a degree or diploma; (vi) professional review programs, including certified public accountant or bar examination review and preparation courses; or (vii) instruction to an apprentice: (A) as part of an apprenticeship; and (B) provided by a person who voluntarily conforms to Title 35A, Chapter 6, Apprenticeship Act, in accordance with Section 35A-6-104. (4) A postsecondary school that is exempt under this section shall file a registration statement with the division within 30 days of the date on which the postsecondary school no longer qualifies for exemption. (5) (a) A postsecondary school that is exempt in accordance with this section may voluntarily submit a registration statement. (b) A postsecondary school that voluntarily submits a registration statement as described in Subsection (5)(a), and obtains a registration certificate, is not exempt from Sections 13-34-201 through 13-34-205. (6) A postsecondary school bears the burden of proving it is exempt under this section.
Utah Code § 13-76-401 — Utah Code / Title 13 / Chapter 13-76 / § 13-76-401
§ 13-76-401. Enforcement.
Status: in_force

(1) (a) Beginning May 6, 2027, only a minor, or the parent of that minor, who has been harmed by a violation of Subsection 13-76-201(2) may bring a civil action against an app store provider. (b) Beginning May 6, 2027, only a minor, or the parent of that minor, who has been harmed by a violation of Subsection 13-76-202(4) may bring a civil action against a developer. (2) In an action described in Subsection (1), the court shall award a prevailing parent: (a) the greater of: (i) actual damages; or (ii) $1,000 for each violation; (b) reasonable attorney fees; and (c) litigation costs.
Utah Code § 13-72b-101 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-101
§ 13-72b-101. Definitions.
Status: in_force

1/1/2027As used in this chapter: (1) "Artificial intelligence technology" means the same as that term is defined in Section 13-72-101. (2) "Consent" means express permission, freely and voluntarily given by an identifiable individual, with full knowledge of the nature and purpose of the generation of an intimate image depicting the individual, where the consent: (a) is specific to the particular intimate image being generated; (b) is obtained before the generation of the intimate image; and (c) may be revoked at any time. (3) "Counterfeit intimate image" means a "digital forgery" as that term is defined in the Take It Down Act. (4) "Covered platform" means the same as that term is defined in Section 3 of the Take It Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note. (5) (a) "Distribute" means to sell, exhibit, display, publish, provide, give, provide access to, or otherwise transfer a counterfeit intimate image, with or without consideration. (b) "Distribute" includes the generation of a counterfeit intimate image by a generation service and the subsequent provision of that counterfeit intimate image to the user. (6) "Generate" means to create, produce, compose, materially edit, or facilitate the creation of an intimate image through the use of artificial intelligence technology. (7) "Generation service" means a person that operates, maintains, or provides an interactive computer service that: (a) enables users to generate intimate images; (b) processes user image generation requests through servers, computer systems, or computing resources controlled by the service operator rather than solely on the user's local device; and (c) distributes generated intimate images to users through the service. (8) "Identifiable individual" means an individual who is recognizable as an actual human individual by the human individual's face, likeness, or other distinguishing characteristic, including a unique physical feature or other recognizable attribute. (9) "Interactive computer service" means the same as that term is defined in 47 U.S.C. Sec. 230(f)(2). (10) "Intimate image" means an "intimate visual depiction" as those terms are defined in the Take It Down Act. (11) "Reasonable expectation of privacy" means an individual's expectation that: (a) the individual's body will not be viewed, recorded, or depicted in an intimate image without the individual's knowledge and consent; and (b) an intimate image of the individual will not be generated, created, distributed, or manipulated without the individual's knowledge and consent. (12) "Sexually explicit conduct" means the same as that term is defined in 18 U.S.C. Sec. 2256(2)(A). (13) "Take It Down Act" means the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, Public Law 119-12, codified at 47 U.S.C. Sec. 230 note.
Utah Code § 13-1b-303 — Utah Code / Title 13 / Chapter 13-1b / § 13-1b-303
§ 13-1b-303. Legislative prioritization of reviews.
Status: in_force

(1) Before October 1 of each year, the office shall prepare and submit to the Business and Labor Interim Committee a list of each periodic review that the office proposes to conduct during the upcoming year, including the scope of each periodic review. (2) Before December 1 of the calendar year in which the office submits a list under Subsection (1), the Business and Labor Interim Committee shall: (a) approve the list, with or without modification; and (b) submit a copy of the approved list to the Legislative Management Committee for approval, with or without modification.
Utah Code § 13-59-101 — Utah Code / Title 13 / Chapter 13-59 / § 13-59-101
§ 13-59-101. Title.
Status: in_force

This chapter is known as the "Health Care Consumer Protection Act."
Utah Code § 13-1b-401 — Utah Code / Title 13 / Chapter 13-1b / § 13-1b-401
§ 13-1b-401. Definitions.
Status: in_force

As used in this part: (1) "Healthcare practitioner" means an individual licensed in a regulated healthcare occupation. (2) (a) "Innovation" means an upgrade in technology that the office determines has the potential to augment the ability of a healthcare practitioner to provide a patient: (i) better access to healthcare; (ii) better health outcomes; or (iii) lower healthcare costs. (b) "Innovation" does not include an upgrade in technology that solely functions to provide advice or treatment to a patient without an interaction between a healthcare practitioner and patient. (3) "Regulated healthcare occupation" means a regulated occupation where licensees of the regulated occupation are primarily engaged in healthcare. (4) "Requestor" means: (a) a legislator; or (b) a representative of: (i) an entity that employs healthcare practitioners; (ii) an institution of higher education that provides training to prospective and current healthcare practitioners; or (iii) a professional group of healthcare practitioners. (5) "Scope of practice review" means a review that the office conducts to determine whether to recommend that a regulated healthcare occupation should incorporate an innovation into the regulated healthcare occupation's practice in a way that would expand the scope of the regulated healthcare occupation's license. (6) "Upgrade in technology" means an addition or change to: (a) a medical apparatus; (b) a medical appliance; (c) artificial intelligence; (d) a medical device; (e) medical equipment; (f) a medical implant; (g) a medical implement; (h) a medical tool; or (i) any other technology the office determines has the potential for a healthcare practitioner to use in the healthcare practitioner's practice.
Utah Code § 13-20-6 — Utah Code / Title 13 / Chapter 13-20 / § 13-20-6
§ 13-20-6. Enforcement -- Limited liability of dealer -- No limit on other rights or remedies.
Status: in_force

(1) The Division of Consumer Protection shall, or a consumer may, enforce the rights created under this chapter. An action may be commenced by a consumer only after the claim has been investigated and evaluated by the division. (2) This chapter may not be interpreted as imposing any liability on an authorized dealer or creating a cause of action by a consumer against a dealer under this chapter, except regarding any written express warranties made by the dealer apart from the manufacturer's own warranties. (3) This chapter does not limit the rights or remedies which are otherwise available to a consumer under any other law. (4) In an action initiated under this section by the consumer, the court may award attorneys' fees to the prevailing party.
Utah Code § 13-11a-4 — Utah Code / Title 13 / Chapter 13-11a / § 13-11a-4
§ 13-11a-4. Injunctive relief -- Damages -- Attorney fees -- Corrective advertising -- Notification required.
Status: in_force

(1) (a) (i) Any person or the state may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to enjoin a continuance of any act in violation of this chapter and, if injured by the act, for the recovery of damages. (ii) If, in such action, the court finds that the defendant is violating or has violated any of the provisions of this chapter, it shall enjoin the defendant from continuance of the violation. (iii) It is not necessary that actual damages be proven. (b) In addition to injunctive relief, the plaintiff is entitled to recover from the defendant the amount of actual damages sustained or $2,000, whichever is greater. (c) (i) Costs shall be allowed to the prevailing party unless the court otherwise directs. (ii) The court shall award attorney fees to the prevailing party. (2) The court may order the defendant to promulgate corrective advertising by the same media and with the same distribution and frequency as the advertising found to violate this chapter. (3) The remedies of this section are in addition to remedies otherwise available for the same conduct under state or local law. (4) (a) No action for injunctive relief may be brought for a violation of this chapter unless the complaining person first gives notice of the alleged violation to the prospective defendant and provides the prospective defendant an opportunity to promulgate a correction notice by the same media as the allegedly violating advertisement. (b) If the prospective defendant does not promulgate a correction notice within 10 days of receipt of the notice, the complaining person may file a lawsuit under this chapter.
Utah Code § 13-48a-102 — Utah Code / Title 13 / Chapter 13-48a / § 13-48a-102
§ 13-48a-102. Limits on reach of chapter.
Status: in_force

Nothing in this chapter: (1) limits the liability of a car-sharing program for an act or omission of the car-sharing program that results in injury to a person as a result of the use of a shared vehicle through a car-sharing program; or (2) limits the ability of the car-sharing program, by contract, to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the car-sharing program resulting from a breach of the terms and conditions of the car-sharing agreement.
Utah Code § 13-14a-7 — Utah Code / Title 13 / Chapter 13-14a / § 13-14a-7
§ 13-14a-7. Attorneys' fees and court costs -- Punitive damages.
Status: in_force

The court, in any action to compel compliance with this chapter, shall award costs and reasonable attorneys' fees to the prevailing party. The court may award punitive damages.
Utah Code § 13-54-201 — Utah Code / Title 13 / Chapter 13-54 / § 13-54-201
§ 13-54-201. Disclosure requirements.
Status: in_force

(1) A reseller or ticket aggregator shall clearly and conspicuously disclose on each of its ticket websites that: (a) the website is a secondary market and is not the primary ticket seller; and (b) the price of a ticket on the website may be higher than face value. (2) A primary ticket seller and a reseller shall clearly and conspicuously disclose during the checkout process an itemization of the total price for which the primary ticket seller or reseller is offering the ticket for sale or resale, including taxes and each fee.
Utah Code § 13-61-503 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-503
§ 13-61-503. Exemptions for motor vehicle manufacturers.
Status: in_force

1/1/2027 (1) A motor vehicle manufacturer may collect personal data for the purpose of improving the motor vehicle manufacturer's product if the motor vehicle manufacturer: (a) collects only the minimum personal data necessary to accomplish the purpose; and (b) uses the personal data only for internal product improvement purposes. (2) Personal data collected in accordance with Subsection (1) is not subject to the consent requirements of Section 13-61-302. (3) Section 13-61-302 does not apply to personal data that a vehicle data collection system: (a) collects solely for the purpose of: (i) vehicle safety, including airbag deployment, operational safety, passenger safety, collision avoidance, or other safety features required by federal law; (ii) vehicle operation, including engine control, battery level, transmission operation, or other mechanical functions necessary to operate the motor vehicle; or (iii) compliance with a federal or state law, rule, or regulation; or (b) processes temporarily and does not transmit outside the motor vehicle or store for longer than necessary.
Utah Code § 13-1-17 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-17
§ 13-1-17. Commerce Electronic Payment Fee Restricted Account.
Status: in_force

(1) As used in this section: (a) "Account" means the Commerce Electronic Payment Fee Restricted Account created in this section. (b) "Costs of electronic payments" means the same as that term is defined in Section 13-1-2. (c) "Department" means the Department of Commerce. (d) "Electronic payment" means the same as that term is defined in Section 13-1-2. (e) "Electronic payment fee" means the same as that term is defined in Section 13-1-2. (2) There is created in the General Fund a restricted account known as the "Commerce Electronic Payment Fee Restricted Account." (3) The account consists of money that the department collects as an electronic payment fee in accordance with Section 13-1-2. (4) Upon appropriation, the department may use money in the account to cover the costs of electronic payments. (5) (a) The account balance may not exceed $1,000,000 at the end of each fiscal year. (b) At the end of each fiscal year, the Division of Finance shall transfer into the General Fund any funds in the account that exceed an account balance of $1,000,000.
Utah Code § 13-83-106 — Utah Code / Title 13 / Chapter 13-83 / § 13-83-106
§ 13-83-106. Enforcement -- Rulemaking.
Status: in_force

(1) The division shall administer and enforce the provisions of this part. (2) The division may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules: (a) establishing the time period, format, and content requirements for records maintained under Section 13-83-104; and (b) establishing the form, content, filing date, and submission procedures for the report described in Section 13-83-105. (3) (a) In addition to the division's enforcement powers under Title 13, 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 part; and (ii) the division may bring an action in court to enforce a provision of this part. (b) In a court action by the division to enforce a provision of this part, the court may: (i) declare that the act or practice violates a provision of this part; (ii) enjoin actions that violate this part; (iii) order disgorgement of any money received in violation of this part; (iv) order payment of disgorged money to an injured purchaser or consumer; (v) impose a civil penalty of up to $2,500 for each violation of this part; (vi) award actual damages to an injured purchaser or consumer; and (vii) award any other relief that the court deems reasonable and necessary. (c) If a court grants judgment or injunctive relief to the division, the court shall award the division: (i) reasonable attorney fees; (ii) court costs; and (iii) investigative fees. (4) (a) A person who violates an administrative or court order issued for a violation of this part 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 a civil action. (5) A violation of this part constitutes a deceptive act or practice under Title 13, Chapter 11, Utah Consumer Sales Practices Act.
Utah Code § 13-52-202 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-202
§ 13-52-202. Contents of disclosure statement for any solar agreement.
Status: in_force

If a solar retailer is proposing to enter any solar agreement with a potential customer, the disclosure statement required in Subsection 13-52-201(1) shall include: (1) a statement indicating that operations or maintenance services are not included as part of the solar agreement, if those services are not included as part of the solar agreement; (2) if the solar retailer provides any written estimate of the savings the potential customer is projected to realize from the residential solar energy system: (a) (i) the estimated projected savings over the life of the solar agreement; and (ii) at the discretion of the solar retailer, the estimated projected savings over any longer period not to exceed the anticipated 20-year useful life of the residential solar energy system; (b) any material assumptions used to calculate estimated projected savings and the source of those assumptions, including: (i) if an annual electricity rate increase is assumed, the rate of the assumed increase, which may not be greater than 3%, and the solar retailer's basis for the assumption of the rate increase; (ii) the potential customer's eligibility for or receipt of tax credits or other governmental or utility incentives; (iii) residential solar energy system production data, including production degradation; (iv) the residential solar energy system's eligibility for interconnection under any net metering or similar program; (v) electrical usage and the residential solar energy system's designed offset of the electrical usage; (vi) historical utility costs paid by the potential customer; (vii) any rate escalation affecting a payment between the potential customer and the solar retailer; and (viii) the costs associated with replacing equipment making up part of the residential solar energy system or, if those costs are not assumed, a statement indicating that those costs are not assumed; and (c) three separate statements in capital letters in close proximity to any written estimate of projected savings, with substantially the following form and content: (i) "THIS IS AN ESTIMATE. UTILITY RATES MAY GO UP OR DOWN AND ACTUAL SAVINGS, IF ANY, MAY VARY. HISTORICAL DATA ARE NOT NECESSARILY REPRESENTATIVE OF FUTURE RESULTS. FOR FURTHER INFORMATION REGARDING RATES, CONTACT YOUR LOCAL UTILITY OR THE STATE PUBLIC SERVICE COMMISSION."; (ii) "ESTIMATES OF ENERGY PRODUCTION GENERATED BY A RESIDENTIAL SOLAR ENERGY SYSTEM MAY VARY. THE RESIDENTIAL SOLAR ENERGY SYSTEM MAY PRODUCE MORE OR LESS THAN THE ESTIMATED ENERGY PRODUCTION."; and (iii) "TAX AND OTHER FEDERAL, STATE, AND LOCAL INCENTIVES VARY AS TO REFUNDABILITY AND ARE SUBJECT TO CHANGE OR TERMINATION BY LEGISLATIVE OR REGULATORY ACTION, WHICH MAY IMPACT SAVINGS ESTIMATES. CONSULT A TAX PROFESSIONAL FOR MORE INFORMATION."; (3) a notice stating: "Legislative or regulatory action may affect or eliminate your ability to sell or get credit for any excess power generated by the solar energy system, and may affect the price or value of that power."; (4) the notice described in Subsection 13-11-4(2)(m) or Subsection 13-26-105(3)(a), if applicable; (5) a statement describing the solar energy system and indicating the solar energy system design assumptions, including the make and model of the solar panels and inverters, solar energy system size, positioning of the panels on the customer's property, estimated first-year energy production, and estimated annual energy production degradation, including the overall percentage degradation over the term of the solar agreement or, at the solar retailer's option, over the estimated useful life of the solar energy system; (6) a description of any warranty, representation, or guarantee of energy production of the solar energy system; (7) the approximate start and completion dates for the installation of the solar energy system; (8) the statement: "The solar retailer may not begin installation of the system until at least four business days after the day on which the solar retailer and customer enter into a contract."; (9) (a) a statement indicating whether the solar retailer may transfer any warranty or maintenance obligations related to the solar energy system to a third party; and (b) if the solar retailer may transfer any warranty or maintenance obligations related to the solar energy system, the statement: "The maintenance and repair obligations under your contract may be assigned or transferred without your consent to a third party who will be bound to all the terms of the contract. If a transfer occurs, you will be notified of any change to the address, email address, or phone number to use for questions or payments or to request solar energy system maintenance or repair."; (10) if the solar retailer will not obtain customer approval to connect the solar energy system to the customer's utility, a statement to that effect and a description of what the customer shall do to interconnect the solar energy system to the utility; (11) a description of any roof penetration warranty or other warranty that the solar retailer provides the customer or a statement, in bold capital letters, that the solar retailer does not provide any warranty; (12) a statement indicating whether the solar retailer will make a fixture filing or other notice in the county real property records covering the solar energy system, including a Notice of Independently Owned Solar Energy System, and any fees or other costs associated with the filing that the solar retailer may charge the customer; (13) a statement in capital letters with the following form and content: "NO EMPLOYEE OR REPRESENTATIVE OF [name of solar retailer] IS AUTHORIZED TO MAKE ANY PROMISE TO YOU THAT IS NOT CONTAINED IN THIS DISCLOSURE STATEMENT CONCERNING COST SAVINGS, TAX BENEFITS, OR GOVERNMENT OR UTILITY INCENTIVES. YOU SHOULD NOT RELY UPON ANY PROMISE OR ESTIMATE THAT IS NOT INCLUDED IN THIS DISCLOSURE STATEMENT."; (14) a statement in capital letters with substantially the following form and content: "[name of solar retailer] IS NOT AFFILIATED WITH ANY UTILITY COMPANY OR GOVERNMENT AGENCY. NO EMPLOYEE OR REPRESENTATIVE OF [name of solar retailer] IS AUTHORIZED TO CLAIM AFFILIATION WITH A UTILITY COMPANY OR GOVERNMENT AGENCY."; (15) a statement with the name and contact information of the person that will perform the installation; (16) a statement that the state may require the potential customer, at full cost to the potential customer, to: (a) test a residential solar energy system for a hazardous substance before disposal; and (b) dispose of a residential solar energy system in accordance with state law or risk a civil penalty up to $10,000 per day for each day of violation; (17) a notice that the solar retailer may not sell the contract to another solar company without express customer approval; (18) a conspicuous list of: (a) finance fees, including those not charged directly to the customer; and (b) solar energy system operation and maintenance that the customer is obligated to perform to comply with the terms of the guarantee of the minimum energy production; and (19) any additional information, statement, or disclosure the solar retailer considers appropriate, as long as the additional information, statement, or disclosure does not have the purpose or effect of obscuring the disclosures required under this part.
Utah Code § 13-75-201 — Utah Code / Title 13 / Chapter 13-75 / § 13-75-201
§ 13-75-201. Franchisee religious day operation protection.
Status: in_force

(1) Except as provided in Subsection (2), when a franchisee asserts a sincerely held religious belief, a franchisor may not: (a) unilaterally impose a religious day operation requirement; (b) require a franchisee to accept a religious day operation requirement as a part of an amendment to the franchise agreement; or (c) refuse to renew a franchise agreement based solely on a franchisee's failure to comply with a religious day operation requirement. (2) Subsection (1) does not apply when: (a) the original franchise agreement provides a religious day operation requirement; (b) the franchisee agrees through a renewal or an amendment to the franchise agreement to a religious day operation requirement; or (c) the franchisor and the franchisee enter into a franchise agreement to develop an additional franchise location that contains a religious day operation requirement. (3) The protections provided in Subsection (1) are not transferable. (4) If a court with jurisdiction finds reasonable cause to believe that a franchisor violated Subsection (1), the court may order: (a) actual damages, reasonable attorney fees, and costs to the franchisee; (b) a permanent or temporary injunction, a temporary restraining order, or other appropriate order; and (c) civil penalties against the franchisor in an amount not exceeding: (i) $10,000 for a first violation; (ii) $25,000 for a second violation within three years after the day on which the franchisee filed the complaint for the first violation; or (iii) $50,000 for a violation subsequent to a second violation within five years after the day on which the franchisee filed the complaint for the first violation.
Utah Code § 13-57-401 — Utah Code / Title 13 / Chapter 13-57 / § 13-57-401
§ 13-57-401. Rulemaking.
Status: in_force

The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (1) establish an application process for a person to register with the division as a maintenance funding provider, in accordance with Section 13-57-201; (2) establish a filing process for a maintenance funding provider to file a maintenance funding agreement with the division; (3) establish a filing process for annual reports required under Section 13-57-203; and (4) carry out the provisions of this chapter.
Utah Code § 13-72c-202 — Utah Code / Title 13 / Chapter 13-72c / § 13-72c-202
§ 13-72c-202. Requirements for capture devices.
Status: in_force

1/1/2027 (1) A capture device manufacturer shall include a latent disclosure in content captured by the capture device that conveys: (a) (i) the name of the capture device manufacturer; or (ii) digital signatures sufficient to prove whether the content was created using a type of capture device; and (b) the time and date of the content's creation or alteration. (2) A capture device manufacturer may provide a user with the option to disable the latent disclosure on a capture device required in Subsection (1). (3) A capture device manufacturer shall comply with this section only to the extent technically feasible and compliant with widely adopted specifications adopted by an established standards-setting body. (4) This section applies to any capture device a capture device manufacturer produces for sale in the state on or after January 1, 2028.
Utah Code § 13-76-101 — Utah Code / Title 13 / Chapter 13-76 / § 13-76-101
§ 13-76-101. Definitions.
Status: in_force

As used in this chapter: (1) "Account holder" means an individual who is associated with a mobile device. (2) "Age category" means one of the following categories of individuals based on age: (a) "child" which means an individual who is under 13 years old; (b) "younger teenager" which means an individual who is at least 13 years old and under 16 years old; (c) "older teenager" which means an individual who is at least 16 years old and under 18 years old; or (d) "adult" which means an individual who is at least 18 years old. (3) "Age category data" means information about a user's age category that is: (a) collected by an app store provider; and (b) shared with a developer. (4) "Age rating" means a classification that provides an assessment of the suitability of an app's content for different age groups. (5) "App" means a software application or electronic service that a user may run or direct on a mobile device. (6) "App store" means a publicly available website, software application, or electronic service that allows users to download apps from third-party developers onto a mobile device. (7) "App store provider" means a person that owns, operates, or controls an app store that allows users in the state to download apps onto a mobile device. (8) "Content description" means a description of the specific content elements that informed an app's age rating. (9) "Developer" means a person that owns or controls an app made available through an app store in the state. (10) "In-app purchase" means a charge associated with any user conduct within an app and billed by an app store for the acquisition of virtual currency, digital goods, digital services, or other apps. (11) "Knowingly" means to act with actual knowledge or to act with knowledge fairly inferred based on objective circumstances. (12) "Minor" means an individual under 18 years old that: (a) has not been emancipated as that term is defined in Section 80-7-102; or (b) has not been married. (13) "Minor account" means an account with an app store provider that: (a) is established by an individual who the app store provider has determined is under 18 years old through the app store provider's age verification methods; and (b) requires affiliation with a parent account. (14) "Mobile device" means a phone or general purpose tablet that: (a) provides cellular or wireless connectivity; (b) is capable of connecting to the internet; (c) runs a mobile operating system; and (d) is capable of running apps through the mobile operating system. (15) "Mobile operating system" means software that: (a) manages mobile device hardware resources; (b) provides common services for mobile device programs; (c) controls memory allocation; and (d) provides interfaces for applications to access device functionality. (16) "Parent" means, with respect to a minor, an individual who is reasonably believed to be: (a) an individual who has a parent-child relationship, as defined in Section 81-5-102, with the minor; (b) a legal guardian; (c) an individual with legal custody; or (d) any other individual who has legal authority to make decisions on behalf of a minor. (17) "Parent account" means an account with an app store provider that: (a) is verified to be established by an individual who the app store provider has determined is not a minor through the app store provider's age verification methods; and (b) may be affiliated with one or more minor accounts. (18) "Parental consent disclosure" means the following information that an app store provider is required to provide to a parent before obtaining verifiable parental consent: (a) if the app store provider has an age rating for the app, the app's age rating; (b) if the app store provider has a content description for the app, the app's content description; (c) a description of: (i) the personal data collected by the app from a user; and (ii) the personal data shared by the app with a third party; and (d) if personal data is collected by the app, the methods implemented by the developer to protect the personal data. (19) (a) "Pre-installed application" means an app, or portion of an app, that is present on a mobile device at the time of: (i) purchase; (ii) initial activation; or (iii) first use by a consumer. (b) "Pre-installed application" includes: (i) an app, or portion of an app, installed or partially installed by: (A) the device manufacturer; (B) a wireless service provider; (C) a retailer; or (D) any other party before purchase, initial activation, or first use by the consumer; and (ii) browsers, search engines, and messaging applications. (c) "Pre-installed application" does not include: (i) core operating system functions; (ii) essential device drivers; (iii) applications necessary for basic device operation, including: (A) phone applications; (B) settings applications; or (C) emergency services applications; or (iv) security or system maintenance applications essential to device functionality. (20) "Significant change" means a material modification to an app's terms of service or privacy policy that: (a) changes the categories of data collected, stored, or shared; (b) alters the app's age rating or content descriptions; (c) introduces in-app purchases where no in-app purchases were previously present in the app; or (d) introduces advertisements where no advertisements were previously present in the app. (21) "Verifiable parental consent" means authorization that: (a) is provided by an individual who the app store provider has verified is an adult; (b) is given after the app store provider has clearly and conspicuously provided the parental consent disclosure to the individual; and (c) requires the parent to make an affirmative choice to: (i) grant consent; or (ii) decline consent.
Utah Code § 13-61-501 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-501
§ 13-61-501. Definitions.
Status: in_force

1/1/2027As used in this part: (1) "Connected device" means a consumer's mobile phone, tablet, or similar personal electronic device that connects to a motor vehicle through the in-vehicle interface for purposes of accessing the device's applications, contacts, or other data through the vehicle's display. (2) "In-vehicle interface" means a display screen, control panel, or other interactive system in a motor vehicle through which an individual may access or control motor vehicle functions or settings. (3) "Readily accessible data" means personal data that: (a) a consumer directly inputs into or provides to the motor vehicle from a connected device through a motor vehicle's in-vehicle interface; and (b) is stored locally on the motor vehicle and accessible through the in-vehicle interface.
Utah Code § 13-25a-103 — Utah Code / Title 13 / Chapter 13-25a / § 13-25a-103
§ 13-25a-103. Prohibited conduct for telephone solicitations -- Exceptions.
Status: in_force

(1) Except as provided in Subsection (2), a person may not operate or authorize the operation of an automated telephone dialing system to make a telephone solicitation. (2) A person may operate an automated telephone dialing system if a call is made: (a) with the prior express consent of the person who is called agreeing to receive a telephone solicitation from a specific solicitor; or (b) to a person with whom the solicitor has an established business relationship. (3) A person may not make a telephone solicitation to a residential telephone or cellular telephone without prior express consent during any of the following times: (a) between the hours of 9 p.m. and 8 a.m. local time; (b) on a Sunday; or (c) on a legal holiday. (4) A person may not make or authorize a telephone solicitation in violation of Title 47 U.S.C. 227. (5) A telephone solicitor who makes an unsolicited telephone call to a telephone number shall: (a) identify the telephone solicitor; (b) identify the business on whose behalf the telephone solicitor is soliciting; (c) promptly identify the purpose of the call upon making contact by telephone with the person who is the object of the telephone solicitation; (d) discontinue the solicitation if the person being solicited gives a negative response at any time during the telephone call; and (e) hang up the phone, or in the case of an automated telephone dialing system operator, disconnect the automated telephone dialing system from the telephone line within 25 seconds of the termination of the call by the person being called. (6) If a telephone solicitor's service or equipment is capable of displaying the telephone solicitor's telephone number through a caller identification service, the telephone solicitor may not withhold the display of the telephone solicitor's telephone number from a caller identification service when that number is being used for telemarketing purposes.
Utah Code § 13-71-401 — Utah Code / Title 13 / Chapter 13-71 / § 13-71-401
§ 13-71-401. Severability.
Status: in_force

(1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application. (2) The provisions of this chapter are severable. (3) Nothing in this chapter shall displace any other available remedies or rights authorized under the laws of this state or the United States.
Utah Code § 13-14b-102 — Utah Code / Title 13 / Chapter 13-14b / § 13-14b-102
§ 13-14b-102. Definitions.
Status: in_force

As used in this chapter: (1) "Audit" means a review by a supplier of a dealer's warranty claims records. (2) "Current net price" means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier in effect at the time a warranty claim is submitted. (3) "Dealer agreement" means an oral or written contract or an agreement of definite or indefinite duration, between a supplier and an equipment dealer that authorizes or requires the equipment dealer to perform services or supply parts under a warranty, or to do both. (4) "Equipment dealer" or "dealer" means a person or any other entity having a dealer agreement for selling and retailing: (a) agricultural equipment; (b) dairy and farmstead mechanization equipment; (c) construction, utility, and industrial equipment; (d) outdoor power equipment; (e) lawn and garden equipment; or (f) attachments or repair parts for equipment listed in Subsections (4)(a) through (e). (5) (a) "Supplier" means a person or any other entity engaged in the manufacturing, assembly, or wholesale distribution of an item listed in Subsections (4)(a) through (f). (b) "Supplier" includes: (i) any successor in interest, including a purchaser of assets or stock; and (ii) a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier that issued the warranty. (6) "Warranty claim" means a claim for payment submitted by an equipment dealer to a supplier for service or parts, or both, provided to a customer under a: (a) warranty issued by the supplier; or (b) recall or modification order issued by the supplier.
Utah Code § 13-42-122 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-122
§ 13-42-122. Trust account.
Status: in_force

(1) (a) A provider shall hold all money paid to the provider by or on behalf of an individual for distribution to creditors in accordance with a plan in a trust account. (b) No later than two business days after the day on which the provider receives the money, the provider shall deposit the money in a trust account established for the benefit of individuals to whom the provider furnishes debt-management services. (2) A provider whose agreement contemplates the settlement of an individual's debt for less than the principal amount of the debt may request or require the individual to place money in an account the provider uses to pay a creditor or the provider's fees, or both, if: (a) the provider holds the money in an insured account at a bank; (b) the individual owns the money held in the account; (c) the provider pays the individual any interest accrued on the account; (d) the entity administering the account is not the provider or an affiliate of the provider, unless the affiliate is described in Subsection 13-42-102(1)(b)(iv); (e) the entity administering the account does not give or accept any money or other compensation in exchange for a referral of business involving debt-management services; and (f) the individual may terminate the agreement at any time without penalty and on termination shall receive all money in the account, other than money earned by the provider in accordance with this section. (3) If an agreement contemplates the reduction of finance charges or fees for late payment, default, or delinquency, and the provider complies with Subsection (1), the provider may request or require the individual to make payment to be used for both distribution to creditors and payment of the provider's fees. (4) (a) Money a provider holds in trust is not property of the provider or the provider's designee. (b) The money is not available to creditors of the provider or designee, except an individual from whom or on whose behalf the provider received money, to the extent that the provider has not disbursed the money to creditors of the individual. (5) A provider shall: (a) maintain separate records of account for each individual to whom the provider furnishes debt-management services; (b) disburse money paid by or on behalf of the individual to creditors of the individual as disclosed in the agreement, except that: (i) the provider may delay payment to the extent that a payment by the individual is not final; and (ii) if a plan provides for regular periodic payments to creditors, the disbursement shall comply with the due dates established by each creditor; and (c) promptly correct a payment that the provider does not make or that the provider misdirects as a result of an error by the provider or other person in control of the trust account and reimburse the individual for any costs or fees imposed by a creditor as a result of the failure to pay or misdirection. (6) A provider may not commingle money in a trust account established for the benefit of individuals to whom the provider furnishes debt-management services with money of another person. (7) A trust account shall at all times have a cash balance equal to the sum of the balances of each individual's account. (8) (a) If a provider has established a trust account in accordance with Subsection (1), the provider shall reconcile the trust account at least once a month. (b) The reconciliation shall compare the cash balance in the trust account with the sum of the balances in each individual's account. (c) If the provider or the provider's designee has more than one trust account, each trust account shall be individually reconciled. (9) (a) If a provider discovers, or has a reasonable suspicion of, embezzlement or other unlawful appropriation of money held in trust, the provider immediately shall notify the division by a method the division approves. (b) Unless the division by rule provides otherwise, no later than five days after the provider notifies the division in accordance with Subsection (9)(a), the provider shall give notice to the division describing the remedial action the provider takes or will take. (10) If an individual terminates an agreement or a provider determines that a plan has failed, the provider shall promptly refund to the individual all money paid by or on behalf of the individual that the provider has not paid to creditors, less fees that are payable to the provider under Section 13-42-123. (11) (a) Before relocating a trust account from one bank to another, a provider shall inform the division of the name, business address, and telephone number of the new bank. (b) As soon as practicable, the provider shall inform the division of the account number of the trust account at the new bank.
Utah Code § 13-65-202 — Utah Code / Title 13 / Chapter 13-65 / § 13-65-202
§ 13-65-202. Cause of action.
Status: in_force

(1) (a) The following persons may bring a claim against an advertiser or initiator who violates Section 13-65-201: (i) an electronic mail service provider; (ii) a recipient of an unsolicited commercial email; or (iii) a person whose brand, trademark, email address, or domain name an advertiser or initiator uses, without authorization, in the header information. (b) There is a rebuttable presumption that a commercial email that violates Section 13-65-201 is an unsolicited commercial email. (c) The burden of proving that a commercial email is not an unsolicited commercial email is on the defendant. (2) (a) A person described in Subsection (1)(a)(i) or (ii) may recover: (i) actual damages; and (ii) except as provided in Subsection (2)(c), liquidated damages of $1,000 for each unsolicited commercial email transmitted in violation of Section 13-65-201. (b) If an addressee of an unsolicited commercial email has more than one email address to which an advertiser or an initiator sends an unsolicited commercial email, the addressee is considered a separate recipient for each email address to which the advertiser or the initiator sends the unsolicited commercial email. (c) If a court finds that an advertiser or an initiator used due diligence to establish and implement practices and procedures to effectively prevent unsolicited commercial emails in violation of this chapter, the court shall reduce the liquidated damages to $100 for each unsolicited commercial email transmitted in violation of Section 13-65-201. (3) A person described in Subsection (1)(a)(iii) may recover: (a) actual damages; and (b) liquidated damages in an amount equal to the lesser of: (i) $1,000 for each commercial email transmitted in violation of this chapter that uses, without authorization, a person's brand, trademark, email address, or domain name in the header information; and (ii) $2,000,000. (4) The prevailing party in an action brought under this section may recover reasonable attorney fees and costs. (5) (a) Defendants in an action under this section are jointly and severally liable. (b) There is no cause of action under this section against an electronic mail service provider who is involved only in the routine conveyance of commercial email over the email service provider's computer network.
Utah Code § 13-41-202 — Utah Code / Title 13 / Chapter 13-41 / § 13-41-202
§ 13-41-202. Enforcement -- Penalty.
Status: in_force

(1) The division shall enforce this chapter. (2) In determining whether to investigate, contact, or request information from a person in the enforcement of this chapter, the division shall consider: (a) whether a complaint, information, or evidence reasonably justifies further division inquiry; (b) the burden contact, investigation, or providing information places on the person; (c) the result of a previous investigation of the person, including whether the previous investigation suggests that the person did not violate this chapter; (d) whether the person may benefit from receiving information about requirements under this chapter; and (e) the potential gravity of harm to consumers, considering price, availability, and volume of a good or service. (3) In enforcing this chapter, the division may not publicly disclose the identity of a person the division investigates unless: (a) the person's identity is a matter of public record in an enforcement proceeding; or (b) the person consents to public disclosure. (4) In determining whether to impose penalties against a person who violates this chapter, the division shall consider: (a) the person's cost of doing business not accounted for in the total cost to the person for the good or service, including costs associated with a decrease in the supply available to a person who relies on a high volume of sales; (b) the person's efforts to comply with this chapter; (c) whether the average price charged by the person during the 30-day period immediately preceding the day on which the state of emergency is declared is artificially deflated because the good or service was on sale for a lower price than the person customarily charges for the good or service; and (d) any other factor that the division considers appropriate. (5) (a) If the division finds that a person has violated, or is violating, this chapter, the division may: (i) issue a cease and desist order; and (ii) subject to Subsection (5)(b), impose an administrative fine for each violation of this chapter. (b) Each instance of charging an excessive price under Section 13-41-201 constitutes a separate violation, but in no case shall the administrative fine imposed under Subsection (5)(a) exceed double the excessive portion of the price the person charged. (6) The division may sue in a court of competent jurisdiction to enforce an order under Subsection (5). (7) In a suit brought under Subsection (6), if the division prevails, the court may award the division: (a) court costs; (b) attorney fees; and (c) the division's costs incurred in the investigation of the violation of this chapter. (8) All money received through an administrative fine imposed, or judgment obtained, under this section shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-109.
Utah Code § 13-68-401 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-401
§ 13-68-401. Unlawful acts.
Status: in_force

(1) It is unlawful for a lawyer referral consultant or another person to: (a) make, cause, or allow to be made a false or misleading statement to a client or prospective client while providing or soliciting services to that client or prospective client; (b) make, cause, or allow to be made a guarantee or promise to a client or prospective client, unless the guarantee or promise is in writing and there is basis in fact for making the guarantee or promise; (c) charge a client a fee for referral of the client to another person for services that the lawyer referral consultant cannot or will not provide to the client; (d) communicate with a prospective client for the purpose of obtaining or referring business if the communication concerns a disaster, or an action for personal injury or wrongful death, unless: (i) the disaster, injury, or death occurred more than 30 days before the communication; (ii) the prospective client is a person who has a prior familial, prior personal, or prior professional relationship with the lawyer to be referred, the lawyer referral consultant, or the person communicating with the prospective client; (iii) the prospective client initiates the communication; or (iv) a third party who has a prior familial or prior close personal relationship with the prospective client requests the communication; (e) represent that the division or the state endorses or approves the lawyer referral consultant; (f) 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 section requires; or (g) include in a filing with the division a material statement of fact that the lawyer referral consultant or the lawyer referral consultant's principal knows or should know is false, deceptive, inaccurate, or misleading. (2) A lawyer referral consultant may not translate a document or other information in a way that falsely represents or implies that the lawyer referral consultant is an attorney.
Utah Code § 13-2-111 — Utah Code / Title 13 / Chapter 13-2 / § 13-2-111
§ 13-2-111. Social credit score reporting system -- Rulemaking -- Referral to other agencies.
Status: in_force

(1) As used in this section: (a) "Financial institution" means the same as that term is defined in Section 7-1-103. (b) "Social credit score" means the same as that term is defined in Section 63G-29-101. (2) The division shall: (a) establish and operate a system to receive consumer reports regarding a financial institution's or company's use or creation of a social credit score; and (b) before November 1 of each year, submit a written report to the Business and Labor Interim Committee that summarizes the reports received during the immediately preceding year that indicate a financial institution or company used a social credit score to discriminate against, advocate for, or cause adverse or preferential treatment of a person. (3) The division may: (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish and operate the system described in Subsection (2); and (b) as appropriate, refer a consumer who provides a report through the system described in Subsection (2) to the Department of Financial Institutions or another agency for investigation of the report or other action.
Utah Code § 13-11a-1 — Utah Code / Title 13 / Chapter 13-11a / § 13-11a-1
§ 13-11a-1. Purpose.
Status: in_force

The purpose of this chapter is to prevent deceptive, misleading, and false advertising practices and forms in Utah. This chapter is to be construed to accomplish that purpose and not to prohibit any particular form of advertising so long as it is truthful and not otherwise misleading or deceptive.
Utah Code § 13-14a-5 — Utah Code / Title 13 / Chapter 13-14a / § 13-14a-5
§ 13-14a-5. Notice or consent required before changing terms of retailing agreement -- Limitations on pledge of personal assets -- Cancellation of retailing agreement.
Status: in_force

(1) Each manufacturer, wholesaler, financing subsidiary or division of the manufacturer, or any independent lender shall give the dealer prior written notice and obtain the dealer's consent before: (a) changing either the time or manner of payment; (b) making any changes in notes or security; (c) adding or releasing guarantors; or (d) granting extensions or renewals in payment schedules on any contract that is executed by the dealer in behalf of and in the name of any third purchaser of goods or services in which the dealer is obligated to assume contingent liability for the repurchase of that contract upon default by that third party. (2) A person who signs a security agreement or guarantee agreement with a manufacturer or wholesaler may not be required to pledge or encumber the person's personal assets in a value in excess of the amount of the indebtedness secured. (3) If any manufacturer or wholesaler fails to give notice or obtain consent under Subsection (1), or fails to comply with Subsection (2), the guarantee or security agreement affected is considered cancelled and terminated.
Utah Code § 13-22-115 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-115
§ 13-22-115. Fiduciary capacity.
Status: in_force

A person soliciting, collecting, or expending a contribution for charitable purposes, and every officer, director, trustee, or employee of a person concerned with the charitable solicitation, collection, or expenditure of the contribution for charitable purposes, is a fiduciary and acts in a fiduciary capacity.
Utah Code § 13-14b-103 — Utah Code / Title 13 / Chapter 13-14b / § 13-14b-103
§ 13-14b-103. Warranty claims.
Status: in_force

(1) An equipment dealer may submit a warranty claim to a supplier if a warranty defect is identified and documented prior to the expiration of a supplier's warranty: (a) while a dealer agreement is in effect; or (b) after the termination of a dealer agreement if the claim is for work performed while the dealer agreement was in effect. (2) (a) A supplier shall accept or reject a warranty claim submitted under Subsection (1) within 30 days of the date the supplier received the claim. (b) A warranty claim not rejected within 30 days of the date the supplier received the claim is considered to be accepted by the supplier. (3) No later than 30 days after the date a warranty claim is accepted or rejected under Subsection (2), the supplier shall: (a) pay an accepted warranty claim; or (b) send the dealer written notice of the reason the warranty claim was rejected. (4) (a) (i) A supplier shall compensate the dealer for the warranty claim as follows: (A) the dealer's established customer hourly retail labor rate multiplied by the reasonable and customary amount of time required to complete such work, including diagnostic time, expressed in hours and fractions of an hour; (B) the dealer's current net price plus 20% for parts to reimburse the dealer for reasonable costs of doing business in performing the warranty service on the supplier's behalf; and (C) extraordinary freight and handling costs. (ii) For purposes of Subsection (4)(a)(i)(C), "extraordinary freight and handling costs" mean costs that are above and beyond the normal reimbursement policy of the supplier for warranty repair work. (b) (i) The supplier shall give due consideration to any extraordinary expenses incurred by the dealer in performing necessary warranty repairs. (ii) If the repair work is for safety or mandatory modifications ordered by the supplier, the supplier shall reimburse the dealer for transportation costs incurred by the dealer. (5) After payment of a warranty claim, a supplier may not charge back, off-set, or otherwise attempt to recover from the dealer all or part of the amount of the claim unless: (a) the warranty claim was fraudulent; (b) the services for which the warranty claim was made were not properly performed or were unnecessary to comply with the warranty; or (c) the dealer did not substantiate the warranty claim according to the written requirements of the supplier that were in effect when the equipment was delivered to the dealer by the customer for warranty repairs. (6) If a supplier denies a warranty claim due to a particular item or part of the claim, the denial shall only affect the items or parts in question and not the complete warranty claim. (7) A supplier may not pass the cost of covering warranty claims under this chapter on to a dealer through any means including: (a) surcharges; (b) reduction of discounts; or (c) certification standards. (8) (a) The provisions of this chapter do not apply to a supplier or dealer where a written dealer agreement provides for compensation to a dealer for warranty labor and parts costs either as part of the pricing of the equipment to the dealer or in the form of a lump-sum payment. (b) The lump-sum payment under Subsection (8)(a) shall be at least 5% of the suggested retail price of the equipment.
Utah Code § 13-47-102 — Utah Code / Title 13 / Chapter 13-47 / § 13-47-102
§ 13-47-102. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the Department of Commerce. (2) "Employee" means an individual: (a) who is hired to perform services in Utah; and (b) to whom a private employer provides a federal form required for federal taxation purposes to report income paid to the individual for the services performed. (3) (a) Except as provided in Subsection (3)(b), "private employer" means a person who for federal taxation purposes is required to provide a federal form: (i) to an individual who performs services for the person in Utah; and (ii) to report income paid to the individual who performs the services. (b) "Private employer" does not mean a public employer as defined in Section 63G-12-102. (4) (a) "Status verification system" means an electronic system operated by the federal government, through which an employer may inquire to verify the federal legal working status of an individual who is a newly hired employee. (b) "Status verification system" includes: (i) the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Sec. 1324a; (ii) a federal program equivalent to the program described in Subsection (4)(b)(i) that is designated by the United States Department of Homeland Security or other federal agency authorized to verify the employment eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986; (iii) the Social Security Number Verification Service or similar online verification process implemented by the United States Social Security Administration; or (iv) an independent third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in Subsection (4)(b)(i), (ii), or (iii).
Utah Code § 13-44-103 — Utah Code / Title 13 / Chapter 13-44 / § 13-44-103
§ 13-44-103. Applicability.
Status: in_force

This chapter does not apply to a financial institution or an affiliate, as defined in 15 U.S.C. Sec. 6809, of a financial institution.
Utah Code § 13-42-106 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-106
§ 13-42-106. Application for registration -- Required information.
Status: in_force

An applicant shall sign an application for registration as a provider under penalty of perjury and include in the application: (1) the applicant's name, principal business address and telephone number, and all other business addresses in this state, email addresses, and website addresses; (2) each name under which the applicant conducts business; (3) (a) the address of each location in this state at which the applicant will provide debt-management services; or (b) a statement that the applicant will not have a location where the applicant will provide debt-management services; (4) the name and home address of each officer and director of the applicant and each person that owns at least 10% of the applicant; (5) identification of each jurisdiction in which, during the five years immediately preceding the application: (a) the applicant or any of the applicant's officers or directors was licensed or registered to provide debt-management services; or (b) an individual resided when the individual received debt-management services from the applicant; (6) a statement describing, to the extent the applicant knows or should know, any material civil or criminal judgment or litigation and any material administrative or enforcement action by a governmental agency in any jurisdiction against: (a) the applicant; (b) any of the applicant's officers, directors, owners, or agents; or (c) any person that is authorized to have access to the trust account required by Section 13-42-122; (7) the applicant's financial statements, audited by an accountant licensed to conduct audits, for each of the two years immediately preceding the application or, if the applicant has not been in operation for the two years preceding the application, for the period of the applicant's existence; (8) evidence of accreditation by an independent accrediting organization the division approves; (9) evidence that, no later than 12 months after initial employment, each of the applicant's counselors becomes certified as a certified counselor; (10) a description of the three most commonly used educational programs that the applicant provides or intends to provide to individuals who reside in this state and a copy of any materials the applicant uses or will use in the educational programs; (11) a description of the applicant's financial analysis and initial budget plan, including any form or electronic model, the applicant uses to evaluate the financial condition of individuals; (12) a copy of each form of agreement that the applicant will use with individuals who reside in this state; (13) the schedule of fees and charges that the applicant will use with individuals who reside in this state; (14) at the applicant's expense, the results of a criminal records check, including fingerprints, conducted within the immediately preceding 12 months, covering every officer of the applicant and every employee or agent of the applicant who is authorized to have access to the trust account required by Section 13-42-122; (15) the names and addresses of each employer of each director during the 10 years immediately preceding the day on which the applicant submits the application; (16) a description of any ownership interest of at least 10% by a director, owner, or employee of the applicant in: (a) an affiliate of the applicant; or (b) an entity that provides products or services to the applicant or an individual relating to the applicant's debt-management services; (17) a statement of the amount of compensation of the applicant's five most highly compensated employees for each of the three years immediately preceding the application or, if the applicant has not been in operation for the three years preceding the application, for the period of the applicant's existence; (18) the identity of each director who is an affiliate, as defined in Subsection 13-42-102(1)(a) or (1)(b)(i), (ii), (iv), (v), (vi), (vii), or (viii) of the applicant; and (19) any other information that the division reasonably requires to perform the division's duties under Section 13-42-109.
Utah Code § 13-14-101 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-101
§ 13-14-101. Title -- Legislative purpose.
Status: in_force

(1) This chapter shall be cited as the "New Automobile Franchise Act." (2) The Legislature finds that: (a) The distribution and sales of new motor vehicles through franchise arrangements in the state vitally affects the general economy of the state, the public interest, and the public welfare. A substantial inequality of bargaining power between motor vehicle franchisors and motor vehicle franchisees enables a franchisor: (i) to compel a franchisee to execute agreements that contain terms and conditions that a franchisee generally would not be agreed to absent the compulsion and duress that arise out of the inequality of bargaining power; and (ii) in some cases to terminate a franchise without good cause, or to force a franchisee out of business by the use of unfair practices. (b) Termination of franchises, without good cause or by unfair means: (i) diminishes competition and, as a result, leads to higher retail prices and fewer purchase options; (ii) adversely affects communities that depend on a franchisee to make available motor vehicles for sale or lease and to provide warranty work and other services related to vehicles; and (iii) undercuts expectations of consumers concerning the availability of future services including warranty work from the franchisee. (c) To promote the public welfare and in the exercise of the state's police powers, it is necessary to establish statutory guidelines regulating the relationship between franchisors and franchisees in the motor vehicle industry.
Utah Code § 13-51-103 — Utah Code / Title 13 / Chapter 13-51 / § 13-51-103
§ 13-51-103. Exemptions -- Transportation network company and transportation network driver.
Status: in_force

(1) A transportation network company or a transportation network driver is not subject to the requirements applicable to: (a) a motor carrier, under Title 72, Chapter 9, Motor Carrier Safety Act; (b) a common carrier, under Title 59, Chapter 12, Sales and Use Tax Act; or (c) a taxicab, under Title 53, Chapter 3, Uniform Driver License Act. (2) A transportation network driver is: (a) (i) an independent contractor of a transportation network company; and (ii) not an employee of a transportation network company; or (b) for a motor vehicle with a level four or five automated driving system as defined in Section 41-26-102.1, in driverless operation, an automated driving system if dispatched: (i) at the direction of, on behalf of, or as an agent of a transportation network company; or (ii) at the direction of, on behalf of, or as an agent of a third party pursuant to an agreement between the third party and a transportation network company, operated on behalf of and as an agent of the transportation network company.
Utah Code § 13-72b-301 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-301
§ 13-72b-301. Unlawful distribution of non-consensual counterfeit intimate images on platforms.
Status: in_force

1/1/2027 (1) A covered platform may not knowingly allow the distribution of a counterfeit intimate image without consent from the identifiable individual depicted in the counterfeit intimate image. (2) A covered platform knowingly allows the distribution of a counterfeit intimate image without consent if the covered platform: (a) receives notice under Section 13-72b-302 that a counterfeit intimate image has been distributed without consent; and (b) fails to comply with the takedown requirements in Section 13-72b-302.
Utah Code § 13-10a-6 — Utah Code / Title 13 / Chapter 13-10a / § 13-10a-6
§ 13-10a-6. Jurisdiction of court action.
Status: in_force

An action may be brought or a counterclaim may be asserted in a court of competent jurisdiction against a performing rights society to enjoin a violation of this act and to recover actual damages sustained as a result of that violation.
Utah Code § 13-28-4 — Utah Code / Title 13 / Chapter 13-28 / § 13-28-4
§ 13-28-4. Contents of notices.
Status: in_force

(1) A written prize notice shall contain all of the following information presented in the manner required under Subsections (2) through (6): (a) the name and address of the solicitor and sponsor; (b) the verifiable retail value of each prize the individual has been selected or may be eligible to receive; (c) if the notice lists more than one prize that the individual has been selected or may be eligible to receive, a statement of the odds the individual has of receiving each prize; (d) any requirement or invitation for the individual to view, hear, or attend a sales presentation in order to claim a prize, the approximate length of the sales presentation and a description of the property or service that is the subject of the sales presentation; (e) any requirement that the individual pay shipping or handling fees or any other charges to obtain or use a prize; (f) if receipt of the prize is subject to a restriction, a statement that a restriction applies, a description of the restriction, and a statement containing the location in the notice where the restriction is described; and (g) any limitations on eligibility. (2) (a) The verifiable retail value and the statement of odds required in a written prize notice under Subsections (1)(b) and (c) shall be stated in immediate proximity to each listing of the prize in each place the prize appears on the written prize notice and shall be in the same size and boldness of type as the prize. (b) The statement of odds shall include, for each prize, the total number of prizes to be given away and the total number of written prize notices to be delivered. The number of prizes and written prize notices shall be stated in Arabic numerals. The statement of odds shall be in the following form: "...(number of prizes) out of... written prize notices". (c) The verifiable retail value shall be in the following form: "verifiable retail value: $...". (3) If an individual is required to pay shipping or handling fees or any other charges to obtain or use a prize, the following statement shall appear in immediate proximity to each listing of the prize in each place the prize appears in the written prize notice and shall be in not less than 10-point boldface type: "YOU MUST PAY $.... IN ORDER TO RECEIVE OR USE THIS ITEM." (4) The information required in a written prize notice under Subsection (1)(d) shall be on the first page of the written prize notice in not less than 10-point boldface type. The information required under Subsections (1)(f) and (g) shall be in not less than 10-point boldface type. (5) If a written prize notice is given by a solicitor on behalf of a sponsor, the name of the sponsor shall be more prominently and conspicuously displayed than the name of the solicitor. (6) A solicitor or sponsor may not do any of the following: (a) place on an envelope containing a written prize notice any representation that the person to whom the envelope is addressed has been selected or may be eligible to receive a prize; (b) deliver a written prize notice that contains language, or is designed in a manner that would lead a reasonable person to believe that it originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector, accounting or law firm unless the written prize notice originates from that source; or (c) represent directly or by implication that the number of individuals eligible for the prize is limited or that an individual has been separately selected to receive a particular prize unless the representation is true.
Utah Code § 13-22-105 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-105
§ 13-22-105. Professional fundraiser's or fundraising consultant's registration.
Status: in_force

(1) A person applying for or renewing a registration as a professional fundraiser or a professional fundraising consultant shall: (a) pay an application fee the division determines under Section 63J-1-504; and (b) submit a written application in a form the division approves that includes: (i) the applicant's name, address, and telephone number; (ii) the name and address of each organization or person controlled by, controlling, or affiliated with the applicant; (iii) the applicant's business, occupation, or employment for the three-year period immediately preceding the date of the application; (iv) whether the applicant is an individual, joint venture, partnership, limited liability company, corporation, association, or other entity; (v) the names and mailing addresses of the applicant's officers and directors; (vi) the applicant's 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; (vii) if the person is a professional fundraiser or applies for registration as a professional fundraiser: (A) the purpose of the charitable solicitation and use of the contributions the person will solicit; (B) the method by which the person will conduct the charitable solicitation and the projected length of time the person will conduct the charitable solicitation; (C) a statement identifying how the person will be paid, and if the person charges a flat fee, the amount of the flat fee; (D) a statement of what percentage of the contributions the person collects as a result of the charitable solicitation are projected to remain available to the charitable organization declared in the application; and (E) a statement of total contributions collected or received by the person within the calendar year immediately preceding the day on which the person submits the person's application, including a description of the expenditures made from or the use made of the contributions; (viii) if the person is a professional fundraising consultant or applies to become a professional fundraising consultant: (A) the purpose of the plan, management, advice, or preparation of materials for, or with respect to, the charitable solicitation and use of the contributions solicited; (B) the method by which the person will organize or coordinate the plan, management, advice, or preparation of materials for, or with respect to, the charitable solicitation and the projected length of time of the charitable solicitation; (C) a statement of the percentage of the contributions the person collects as a result of the plan, management, advice, or preparation of materials for, or with respect to, the charitable solicitation are projected after deducting the total fees the person will earn or receive remain available to the charitable organization declared in the application; and (D) a statement of total net fees the person earns or receives within the calendar year immediately preceding the day on which the person submits the applicant's application, including a description of the expenditures the person makes from or uses of the net fees the person earns or receives in the planning, management, advising, or preparation of materials for, or with respect to, the charitable solicitation and use of the contributions solicited for the charitable organization; (ix) disclosure of: (A) any injunction, judgment, or administrative order against the applicant; and (B) any felony or misdemeanor conviction of the person that involves theft, fraud, or dishonesty for the ten-year period before the day on which the applicant files the application; (x) each written agreement the applicant has with a charitable organization; (xi) disclosure of an injunction, a judgment, or an administrative order or conviction of a crime involving a charitable solicitation or a felony involving fraud, dishonesty, a false statement, forgery, or theft with respect to an officer, a director, a manager, an operator, or a principal of the applicant; (xii) an acknowledgment that fundraising in the state will not commence until both the professional fundraiser or professional fundraising consultant are registered and in compliance with this chapter; and (xiii) additional information the division may require by rule. (2) If information contained in the application for registration becomes incorrect or incomplete, the applicant or registrant shall, within 30 days after the information becomes incorrect or incomplete, correct the application or file the complete information required by the division. (3) In addition to the registration fee, an applicant failing to file an application for registration or renewal by the due date or filing an incomplete application for registration or renewal shall pay an additional fee of $25 for each month or part of a month after the date on which the application for registration or renewal was due to be filed.
Utah Code § 13-11-4 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-4
§ 13-11-4. Deceptive act or practice by supplier.
Status: in_force

(1) A supplier that engages in a deceptive act or practice in connection with a consumer transaction violates this chapter, whether the deceptive act or practice occurs before, during, or after the transaction. (2) Without limiting the scope of Subsection (1), a supplier commits a deceptive act or practice if the supplier: (a) indicates that the subject of a consumer transaction has sponsorship, approval, performance characteristics, accessories, uses, or benefits, if the subject has not; (b) indicates that the subject of a consumer transaction is of a particular standard, quality, grade, style, or model, if the subject is not; (c) indicates that the subject of a consumer transaction is new, or unused, if the subject is not, or has been used to an extent that is materially different from the fact; (d) indicates that the subject of a consumer transaction is available to the consumer for a reason that does not exist, including any of the following reasons falsely used 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 (2)(d)(i) through (ix); (e) indicates that the subject of a consumer transaction has been supplied in accordance with a previous representation, if the subject has not; (f) indicates that the subject of a consumer transaction will be supplied in greater quantity than the supplier intends; (g) indicates that replacement or repair is needed, if the replacement or repair is not; (h) indicates that a specific price advantage exists, if the specific price advantage does not; (i) indicates that the supplier has a sponsorship, approval, license, certification, or affiliation the supplier does not have; (j) (i) indicates that a consumer transaction involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms, or other rights, remedies, or obligations, if the representation is false; or (ii) fails to honor a warranty or a particular warranty term; (k) indicates that the consumer will receive a rebate, discount, or other benefit as an inducement for entering into a consumer transaction in return for giving the supplier the names of prospective consumers or otherwise helping the supplier to enter into other consumer transactions, if receipt of the benefit is contingent on an event occurring after the consumer enters into the transaction; (l) after receipt of payment for goods or services, fails to ship the goods or furnish the services within the time advertised or otherwise represented or, if no specific time is advertised or represented, fails to ship the goods or furnish the services within 30 days, unless within the applicable time period the supplier provides the buyer with the option to: (i) cancel the sales agreement and receive a refund of all previous payments to the supplier if the refund is mailed or delivered to the buyer within 10 business days after the day on which the seller receives written notification from the buyer of the buyer's intent to cancel the sales agreement and receive the refund; or (ii) extend the shipping date to a specific date proposed by the supplier; (m) except as provided in Subsection (3)(b), fails to furnish a notice meeting the requirements of Subsection (3)(a) of the purchaser's right to cancel a direct solicitation sale within three business days of the time of purchase if: (i) the sale is made other than at the supplier's established place of business pursuant to the supplier's personal contact, whether through mail, electronic mail, facsimile transmission, telephone, or any other form of direct solicitation; and (ii) the sale price exceeds $25; (n) promotes, offers, or grants participation in a pyramid scheme as defined under Title 76, Chapter 17, Part 3, Offenses Concerning Pyramid Schemes; (o) in connection with a charitable solicitation: (i) falsely indicates that: (A) the supplier is affiliated with a charitable organization; (B) the supplier is an employee, officer, or representative of a public safety agency; (C) the supplier has sponsorship or approval of a given charitable organization; (D) a charitable contribution will be provided to a given charitable organization; (E) providing a charitable contribution has an additional benefit, including a tax benefit; or (F) the recipient of the solicitation has previously contributed to a given charitable organization; (ii) uses a fictitious name or a name the supplier is not authorized to use; or (iii) with intent to deceive: (A) uses a name that is substantially similar to that of another charitable organization; or (B) falsely indicates that a charitable contribution will be used for a particular purpose; (p) if a consumer indicates the consumer's intention of making a claim for a motor vehicle repair against the consumer's motor vehicle insurance policy: (i) commences the repair without first giving the consumer oral and written notice of: (A) the total estimated cost of the repair; and (B) the total dollar amount the consumer is responsible to pay for the repair, which dollar amount may not exceed the applicable deductible or other copay arrangement in the consumer's insurance policy; or (ii) requests or collects from a consumer an amount that exceeds the dollar amount a consumer was initially told the consumer was responsible to pay as an insurance deductible or other copay arrangement for a motor vehicle repair under Subsection (2)(p)(i), even if that amount is less than the full amount the motor vehicle insurance policy requires the insured to pay as a deductible or other copay arrangement, unless: (A) the consumer's insurance company denies that coverage exists for the repair, in which case, the full amount of the repair may be charged and collected from the consumer; or (B) the consumer misstates, before the repair is commenced, the amount of money the insurance policy requires the consumer to pay as a deductible or other copay arrangement, in which case, the supplier may charge and collect from the consumer an amount that does not exceed the amount the insurance policy requires the consumer to pay as a deductible or other copay arrangement; (q) includes in any contract, receipt, or other written documentation of a consumer transaction, or any addendum to any contract, receipt, or other written documentation of a consumer transaction, any confession of judgment or any waiver of any of the rights to which a consumer is entitled under this chapter; (r) charges a consumer for a consumer transaction or a portion of a consumer transaction that has not previously been agreed to by the consumer; (s) solicits or enters into a consumer transaction with an individual who lacks the mental ability to comprehend the nature and consequences of: (i) the consumer transaction; or (ii) the individual's ability to benefit from the consumer transaction; (t) solicits for the sale of a product or service by providing a consumer with an unsolicited check or negotiable instrument the presentment or negotiation of which obligates the consumer to purchase a product or service, unless the supplier is: (i) a depository institution under Section 7-1-103; (ii) an affiliate of a depository institution; or (iii) an entity regulated under Title 7, Financial Institutions Act; (u) sends an unsolicited mailing to a person that appears to be a billing, statement, or request for payment for a product or service the person has not ordered or used, or that implies that the mailing requests payment for an ongoing product or service the person has not received or requested; (v) issues a gift certificate, instrument, or other record in exchange for payment to provide the bearer, upon presentation, goods or services in a specified amount without printing in a readable manner on the gift certificate, instrument, packaging, or record any expiration date or information concerning a fee to be charged and deducted from the balance of the gift certificate, instrument, or other record; (w) misrepresents the geographical origin or location of the supplier's business; (x) fails to comply with the restrictions of Section 15-10-201 on automatic renewal provisions; (y) violates Section 13-59-201; (z) fails to comply with the restrictions of Subsection 13-54-202(2); (aa) states or implies that a registration or application administered or enforced by the division is an endorsement, sanction, or approval by the division or a governmental agency or office; (bb) fails to comply with the requirements of Section 71A-4-102 regarding assistance to veterans for benefits; or (cc) fails to comply with the requirements of Chapter 82, Virtual Currency Kiosk Regulation. (3) (a) The notice required by Subsection (2)(m) shall: (i) be a conspicuous statement written in dark bold with at least 12-point type on the first page of the purchase documentation; and (ii) read as follows: "YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY (or time period reflecting the supplier's cancellation policy but not less than three business days) AFTER THE DATE OF THE TRANSACTION OR RECEIPT OF THE PRODUCT, WHICHEVER IS LATER." (b) A supplier is exempt from the requirements of Subsection (2)(m) if the supplier's cancellation policy: (i) is communicated to the buyer; and (ii) offers greater rights to the buyer than Subsection (2)(m). (4) (a) A gift certificate, instrument, or other record that does not print an expiration date in accordance with Subsection (2)(v) does not expire. (b) A gift certificate, instrument, or other record that does not include printed information concerning a fee to be charged and deducted from the balance of the gift certificate, instrument, or other record is not subject to the charging and deduction of the fee. (c) Subsections (2)(v) and (4)(b) do not apply to a gift certificate, instrument, or other record useable at multiple, unaffiliated sellers of goods or services if an expiration date is printed on the gift certificate, instrument, or other record.
Utah Code § 13-14-202 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-202
§ 13-14-202. Sale or transfer of ownership.
Status: in_force

(1) (a) The franchisor shall give effect to the change in a franchise agreement as a result of an event listed in Subsection (1)(b): (i) subject to Subsection 13-14-305(2)(b); and (ii) unless exempted under Subsection (2). (b) The franchisor shall give effect to the change in a franchise agreement pursuant to Subsection (1)(a) for the: (i) sale of a dealership; (ii) contract for sale of a dealership; (iii) transfer of ownership of a franchisee's dealership by: (A) sale; (B) transfer of the business; or (C) stock transfer; or (iv) change in the executive management of the franchisee's dealership. (2) A franchisor is exempted from the requirements of Subsection (1) if: (a) the transferee is denied, or would be denied, a new motor vehicle franchisee's license pursuant to Title 41, Chapter 3, Motor Vehicle Business Regulation Act; or (b) the proposed sale or transfer of the business or change of executive management will be substantially detrimental to the distribution of franchisor's new motor vehicles or to competition in the relevant market area, provided that the franchisor has given written notice to the franchisee within 60 days following receipt by the franchisor of the following: (i) a copy of the proposed contract of sale or transfer executed by the franchisee and the proposed transferee; (ii) a completed copy of the franchisor's written application for approval of the change in ownership or executive management, if any, including the information customarily required by the franchisor; and (iii) (A) a written description of the business experience of the executive management of the transferee in the case of a proposed sale or transfer of the franchisee's business; or (B) a written description of the business experience of the person involved in the proposed change of the franchisee's executive management in the case of a proposed change of executive management. (3) For purposes of this section, the refusal by the franchisor to accept a proposed transferee is presumed to be unreasonable and undertaken without good cause if the proposed franchisee: (a) is of good moral character; and (b) otherwise meets the written, reasonable, and uniformly applied standards or qualifications, if any, of the franchisor relating to the business experience of executive management and financial capacity to operate and maintain the dealership required by the franchisor of its franchisees. (4) (a) If after receipt of the written notice from the franchisor described in Subsection (1) the franchisee objects to the franchisor's refusal to accept the proposed sale or transfer of the business or change of executive management, the franchisee may file an application for a hearing before the executive director up to 60 days from the date of receipt of the notice. (b) After a hearing, the executive director shall determine, and enter an order providing that: (i) the proposed transferee or change in executive management: (A) shall be approved; or (B) may not be approved for specified reasons; or (ii) a proposed transferee or change in executive management is approved if specific conditions are timely satisfied. (c) (i) The franchisee shall have the burden of proof with respect to all issues raised by the franchisee's application for a hearing as provided in this section. (ii) During the pendency of the hearing, the franchise agreement shall continue in effect in accordance with its terms. (d) The executive director shall expedite, upon written request, any determination sought under this section.
Utah Code § 13-62-103 — Utah Code / Title 13 / Chapter 13-62 / § 13-62-103
§ 13-62-103. Protection of private keys.
Status: in_force

(1) (a) Except as provided in Subsection (1)(b), a person may not be compelled to produce a private key, or any components that allow the derivation of a private key, or make a private key known to any other person in any civil, criminal, administrative, legislative, or other proceeding in the state that relates to a digital asset, digital identity, or other interest or right to which the private key provides access. (b) A person may be compelled in a civil, criminal, administrative, legislative, or other lawful proceeding in the state to produce a private key if a public key is unavailable or unable to disclose the information requested to be obtained. (2) A person may be compelled by court order to: (a) produce, sell, transfer, convey, or disclose a digital asset, digital identity, or other interest or right to which a private key provides access; or (b) disclose information about the digital asset, digital identity, or other interest or right.
Utah Code § 13-2-103 — Utah Code / Title 13 / Chapter 13-2 / § 13-2-103
§ 13-2-103. Director of division -- Appointment.
Status: in_force

(1) The division shall be under the supervision, direction, and control of a director. (2) The director shall be appointed by the executive director of commerce with the approval of the governor. (3) The director shall hold office at the pleasure of the governor.
Utah Code § 13-2-101 — Utah Code / Title 13 / Chapter 13-2 / § 13-2-101
§ 13-2-101. Definitions.
Status: in_force

As used in this chapter: (1) "Director" means the director of the Division of Consumer Protection appointed under Section 13-2-103. (2) "Division" means the Division of Consumer Protection established in Section 13-2-102.
Utah Code § 13-72b-401 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-401
§ 13-72b-401. Severability.
Status: in_force

1/1/2027 (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application. (2) The provisions of this chapter are severable.
Utah Code § 13-32a-104.5 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-104.5
§ 13-32a-104.5. Database information from coin dealers -- New and prior customers.
Status: in_force

(1) A coin dealer shall maintain a ticket under this section for each secondhand merchandise transaction of a numismatic item or precious metal with an individual with whom the coin dealer has not previously conducted a secondhand merchandise transaction. (2) For a secondhand merchandise transaction under Subsection (1), the coin dealer or the coin dealer's employee shall document the following information on the ticket regarding every numismatic item or precious metal transaction: (a) the date and time of the transaction; (b) the ticket number; (c) the following information regarding the individual who sells the numismatic item or precious metal: (i) the individual's full name and date of birth as they appear on the individual's identification and the individual's residence address and telephone number; (ii) the unique number and type of identification presented to the coin dealer; (iii) the individual's signature; and (iv) (A) subject to any rule made under Subsection (6), an electronic or tangible legible fingerprint of the individual's right index finger, or if the right index finger cannot be fingerprinted, a legible fingerprint of the individual with a notation identifying the fingerprint and the reason why a right index fingerprint is unavailable; and (B) notwithstanding the other provisions of this Subsection (2), an electronic legible fingerprint is not required to be documented on the ticket; (d) the amount paid for or trade-in value of each numismatic item or precious metal; (e) the full name of the individual conducting the transaction on behalf of the pawn or secondhand business or the initials or unique identifying number, if the coin dealer maintains a record of the initials or unique identifying number of the individual; and (f) an accurate description of each numismatic item or precious metal, with available identifying marks, including: (i) type and name of numismatic item or type and content of precious metal; (ii) metallic composition, and any jewels, stones, or glass; (iii) any other marks of identification or indicia of ownership on the article; (iv) the weight of the article, if the payment is based on weight; (v) any other unique identifying feature; and (vi) metallic content. (3) (a) If multiple numismatic items or precious metals of the same type in an amount that would make reporting of each item unreasonably difficult are part of a single sale transaction, a coin dealer shall document the property as a grouping. (b) The description for a grouping described in Subsection (3)(a) must be an accurate description, with available identifying marks, including: (i) type and name of numismatic items or type and content of precious metal; (ii) metallic composition, and any jewels, stones, or glass; (iii) any other marks of identification or indicia of ownership on the article; (iv) the weight of the articles, if the payment is based on the weight; (v) any other unique identifying features; and (vi) metallic content. (4) If the individual selling a numismatic item or precious metal to the coin dealer has an established previous transaction history with the coin dealer, the coin dealer or the coin dealer's employee shall document the following information on the ticket: (a) the date and time of the transaction and the ticket number; (b) indication that the coin dealer has conducted business with the seller previously; (c) the full name of the individual conducting the transaction on behalf of the pawn or secondhand business or the initials or unique identifying number, if the coin dealer maintains a record of the initials or unique identifying number of the individual; (d) the initials of the seller's legal name, including any middle name; (e) form of identification presented by the seller at the time of sale; (f) the last four digits of the unique identifying number on the form of identification; (g) the individual's signature; (h) the amount paid for or trade-in value of each numismatic item or precious metal; and (i) the identifying information under Subsection (2)(f) and under Subsection (3) as applicable. (5) A coin dealer may not accept any numismatic item or precious metal if, upon inspection, it is apparent that serial numbers or identifying characteristics have been intentionally defaced on that numismatic item or precious metal. (6) The division shall establish standards and criteria for fingerprint legibility by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 13-32a-109 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-109
§ 13-32a-109. Holding period for property -- Return of property -- Penalty.
Status: in_force

(1) (a) A pawnbroker may sell property pawned to the pawnbroker if: (i) 15 calendar days have passed after the day on which the pawnbroker submits the information and any required photograph to the central database; (ii) the contract period between the pawnbroker and the pledgor expires; and (iii) the pawnbroker has complied with Sections 13-32a-104 and 13-32a-106. (b) If property, including scrap jewelry, is purchased by a pawn or secondhand business or catalytic converter purchaser, the pawn or secondhand business or catalytic converter purchaser may sell the property if the pawn or secondhand business or catalytic converter purchaser has held the property for 15 calendar days after the day on which the pawn or secondhand business or catalytic converter purchaser submits the information to the central database, and complied with Sections 13-32a-104, 13-32a-104.6, 13-32a-104.7, and 13-32a-106, except that the pawn or secondhand business is not required to hold precious metals or numismatic items under this Subsection (1)(b). (c) (i) This Subsection (1) does not preclude a law enforcement agency from requiring a pawn or secondhand business or catalytic converter purchaser to hold property if necessary in the course of an investigation. (ii) If the property is pawned, the law enforcement agency may require the property be held beyond the terms of the contract between the pledgor and the pawnbroker. (iii) If the property is sold to the pawn or secondhand business or catalytic converter purchaser, the law enforcement agency may require the property be held if the pawn or secondhand business or catalytic converter purchaser has not sold the article. (d) If the law enforcement agency requesting a hold on property under this Subsection (1) is not the local law enforcement agency, the requesting law enforcement agency shall notify the local law enforcement agency of the request and also the pawn or secondhand business or catalytic converter purchaser. (2) If a law enforcement agency requires the pawn or secondhand business or catalytic converter purchaser to hold property as part of an investigation, the law enforcement agency shall provide to the pawn or secondhand business or catalytic converter purchaser a hold form issued by the law enforcement agency, that: (a) states the active case number; (b) confirms the date of the hold request and the property to be held; and (c) facilitates the ability of the pawn or secondhand business or catalytic converter purchaser to track the property when the prosecution takes over the case. (3) If property is not seized by a law enforcement agency that has placed a hold on the property, the property shall remain in the custody of the pawn or secondhand business or catalytic converter purchaser until further disposition by the law enforcement agency, and in accordance with this chapter. (4) (a) The initial hold by a law enforcement agency is for a period of 90 days. (b) If the property is not seized by the law enforcement agency, the property shall remain in the custody of the pawn or secondhand business or catalytic converter purchaser and is subject to the hold unless exigent circumstances require the property to be seized by the law enforcement agency. (5) (a) A law enforcement agency may extend any hold for up to an additional 90 days if circumstances require the extension. (b) If there is an extension of a hold under Subsection (5)(a), the requesting law enforcement agency shall notify the pawn or secondhand business or catalytic converter purchaser that is subject to the hold before the expiration of the initial 90 days. (c) A law enforcement agency may not hold an item for more than the 180 days allowed under Subsections (5)(a) and (b) without obtaining a court order authorizing the hold. (6) A hold on property under Subsection (2) takes precedence over any request to claim or purchase the property subject to the hold. (7) If an original victim who has complied with Section 13-32a-115 has not been identified and the hold or seizure of the property is terminated, the law enforcement agency requiring the hold or seizure shall within 15 business days after the day on which the termination occurs: (a) notify the pawn or secondhand business or catalytic converter purchaser in writing that the hold or seizure has been terminated; (b) return the property subject to the seizure to the pawn or secondhand business or catalytic converter purchaser; or (c) if the property is not returned to the pawn or secondhand business or catalytic converter purchaser, advise the pawn or secondhand business or catalytic converter purchaser either in writing or electronically of the specific alternative disposition of the property. (8) (a) If the original victim who has complied with Section 13-32a-115 has been identified and the hold or seizure of property is terminated, the law enforcement agency requiring the hold or seizure shall: (i) document the original victim who has positively identified the property; and (ii) provide the documented information concerning the original victim to the prosecuting agency to determine whether continued possession of the property is necessary for purposes of prosecution in accordance with Section 77-11a-301. (b) If the prosecuting agency determines that continued possession of the property is not necessary for purposes of prosecution, the prosecuting agency shall provide a written or electronic notification to the law enforcement agency that authorizes the return of the property to an original victim who has complied with Section 13-32a-115. (c) (i) A law enforcement agency shall promptly provide notice to the pawn or secondhand business or catalytic converter purchaser of the authorized return of the property under this Subsection (8). (ii) The notice shall identify the original victim, advise the pawn or secondhand business or catalytic converter purchaser that the original victim has identified the property, and direct the pawn or secondhand business or catalytic converter purchaser to release the property to the original victim at no cost to the original victim. (iii) If the property was seized, the notice shall advise that the property will be returned to the original victim within 15 days after the day on which the pawn or secondhand business or catalytic converter purchaser receives the notice, except as provided under Subsection (8)(d). (d) The pawn or secondhand business or catalytic converter purchaser shall release property under Subsection (8)(c) unless within 15 days after the day on which the notice is received the pawn or secondhand business or catalytic converter purchaser complies with Section 13-32a-116.5. (9) (a) If the law enforcement agency does not notify the pawn or secondhand business or catalytic converter purchaser that a hold on the property has expired, the pawn or secondhand business or catalytic converter purchaser shall send a letter by registered or certified mail to the law enforcement agency that ordered the hold and inform the agency that the holding period has expired. (b) The law enforcement agency shall respond within 30 days by: (i) confirming that the hold period has expired and that the pawn or secondhand business or catalytic converter purchaser may manage the property as if acquired in the ordinary course of business; or (ii) providing written notice to the pawn or secondhand business or catalytic converter purchaser that a court order has continued the period of time for which the item shall be held. (10) The written notice under Subsection (9)(b)(ii) is considered provided when: (a) personally delivered to the pawn or secondhand business or catalytic converter purchaser with a signed receipt of delivery; (b) delivered to the pawn or secondhand business or catalytic converter purchaser by registered or certified mail; or (c) delivered by any other means with the mutual assent of the law enforcement agency and the pawn or secondhand business or catalytic converter purchaser. (11) If the law enforcement agency does not respond within 30 days under Subsection (9), the pawn or secondhand business or catalytic converter purchaser may manage the property as if acquired in the ordinary course of business. (12) A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110.
Utah Code § 13-72c-101 — Utah Code / Title 13 / Chapter 13-72c / § 13-72c-101
§ 13-72c-101. Definitions.
Status: in_force

1/1/2027As used in this chapter: (1) "Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments. (2) "Capture device" means a device that can record photographs, audio, or video content, including a video camera, a still photography camera, a mobile phone with a built-in camera or microphone, or a voice recorder. (3) (a) "Capture device manufacturer" means a person who produces a capture device for sale in the state. (b) "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device. (4) "Compliant system provenance data" means system provenance data that is compliant with widely adopted specifications of an established standards-setting body. (5) (a) "Covered provider" means a person that creates, codes, or otherwise produces a generative artificial intelligence system that: (i) has over 1,000,000 monthly visitors or users; and (ii) is publicly accessible within the geographic boundaries of the state. (b) "Covered provider" does not include a person that creates, codes, or otherwise produces a generative artificial intelligence system that is used exclusively for the person's internal business operations and is not made publicly accessible. (6) "Digital signature" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section. (7) "Generative artificial intelligence system" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, or audio, that emulates the structure and characteristics of the system's training data. (8) (a) "Large online platform" means a public-facing social media platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months. (b) "Large online platform" does not include: (i) a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or (ii) a telecommunications service, as defined in 47 U.S.C. Sec. 153. (9) "Latent" means present but not manifest. (10) "Manifest" means easily perceived, understood, or recognized by a natural person. (11) "Mass messaging platform" means a direct messaging platform that allows users to distribute content to more than 100 users simultaneously. (12) "Metadata" means structural or descriptive information about data. (13) "Personal information" means the same as that term is defined in Section 13-61-101. (14) "Provenance data" means data that is embedded into digital content, or that is included in the digital content's metadata, for the purpose of verifying the digital content's authenticity, origin, or history of modification. (15) "System provenance data" means provenance data that is not reasonably capable of being associated with a particular user and that contains: (a) information regarding the type of device, system, or service that was used to generate a piece of digital content; or (b) information related to content authenticity. (16) "User" means a Utah resident who accesses, interacts with, or uses an interactive computer service, platform, generation service, generative artificial intelligence system, or capture device. (17) "User interface" means the method by which an individual interacts with, controls, or receives information from a computer, software application, website, or electronic device.
Utah Code § 13-43-102 — Utah Code / Title 13 / Chapter 13-43 / § 13-43-102
§ 13-43-102. Definitions.
Status: in_force

As used in this chapter: (1) "Constitutional taking" or "taking" means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under: (a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or (b) Utah Constitution Article I, Section 22. (2) "Takings and eminent domain law" means the provisions of the federal and state constitutions, the case law interpreting those provisions, and any relevant statutory provisions that: (a) involve constitutional issues arising from the use or ownership of real property; (b) require a governmental unit to compensate a real property owner for a constitutional taking; or (c) provide for relocation assistance to those persons who are displaced by the use of eminent domain.
Utah Code § 13-1b-101 — Utah Code / Title 13 / Chapter 13-1b / § 13-1b-101
§ 13-1b-101. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the Department of Commerce. (2) "Director" means the director of the office. (3) "Executive director" means the executive director of the Department of Commerce. (4) "Government requestor" means: (a) the governor; (b) an executive branch officer other than the governor; (c) an executive branch agency; (d) a legislator; or (e) a legislative committee. (5) "Health, safety, or financial welfare of the public" includes protecting against physical injury, property damage, or financial harm of the public. (6) "License" or "licensing" means a state-granted authorization for a person to engage in a specified occupation: (a) based on the person meeting personal qualifications established under state law; and (b) where state law requires the authorization before the person may lawfully engage in the occupation for compensation. (7) "Newly regulate" means to create by statute or administrative rule a new license, certification, registration, or exemption classification regarding an occupation. (8) "Occupation" means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation. (9) "Office" means the Office of Professional Licensure Review created in this chapter. (10) "Periodic review" means a review described in Subsection 13-1b-203(2). (11) (a) "Personal qualifications" means criteria established in state law related to an individual's background. (b) "Personal qualifications" includes: (i) completion of an approved education program; (ii) satisfactory performance on an examination; (iii) work experience; and (iv) completion of continuing education. (12) "Regulated occupation" means an occupation that: (a) requires a person to obtain a license to practice the occupation; or (b) provides for state certification or state registration. (13) "State certification" means a state-granted authorization given to a person to use the term "state certified" as part of a designated title related to engaging in a specified occupation: (a) based on the person meeting personal qualifications established under state law; and (b) where state law prohibits a noncertified person from using the term "state certified" as part of a designated title but does not otherwise prohibit a noncertified person from engaging in the occupation for compensation. (14) "State registration" means a state-granted authorization given to a person to use the term "state registered" as part of a designated title related to engaging in a specified occupation: (a) based on the person meeting requirements established under state law, which may include the person's name and address, the person's agent for service of process, the location of the activity to be performed, and bond or insurance requirements; (b) where state law does not require the person to meet any personal qualifications; and (c) where state law prohibits a nonregistered person from using the term "state registered" as part of a designated title. (15) "Sunrise review" means a review under this chapter of an application to establish a new regulated occupation.
Utah Code § 13-73-203 — Utah Code / Title 13 / Chapter 13-73 / § 13-73-203
§ 13-73-203. Dealer data vendors -- Authorized integrators -- Requirements.
Status: in_force

(1) (a) A dealer data vendor shall adopt and make available to a franchisee and authorized integrator in a standardized framework: (i) the exchange, integration, and sharing of data between a dealer data system and an authorized integrator; and (ii) the retrieval of data by an authorized integrator. (b) The standardized framework described in Subsection (1)(a) shall comply with STAR standards or other generally accepted standards. (2) (a) Except as provided in Subsection (2)(b), a dealer data vendor shall provide to an authorized integrator access to open application programming interfaces for the standardized framework described in Subsection (1) that meet the reasonable commercial or technical standard for secure data integration. (b) If the open application interfaces described in Subsection (2)(a) do not meet the reasonable commercial or technical standard for secure data integration, a dealer data vendor may provide to an authorized integrator a similar open access integration method that: (i) provides the same or better access to an authorized integrator as an application programming interface; and (ii) uses the standardized framework described in Subsection (1). (3) A dealer data vendor and an authorized integrator: (a) may access, use, store, or share protected dealer data or any other data from a dealer data system only to the extent allowed in the written agreement with the franchisee; (b) shall, upon a franchisee's request, provide the franchisee with a list of all persons: (i) with whom the dealer data vendor or authorized integrator is sharing, or has shared, protected dealer data; or (ii) to whom the dealer data vendor or authorized integrator has allowed or is allowing access to protected dealer data; and (c) shall allow a franchisee to audit the dealer data vendor's or authorized integrator's access to and use of protected dealer data. (4) A franchisee may terminate an agreement between a dealer data vendor or authorized integrator and the franchisee relating to access to, sharing of, selling of, copying, using, or transmitting protected dealer data upon 90 days' notice. (5) (a) If a dealer data vendor or authorized integrator receives a franchisee's notice described in Subsection (4), the dealer data vendor or authorized integrator shall ensure a secure transition of all protected dealer data to a successor dealer data vendor or successor authorized integrator. (b) In fulfilling the dealer data vendor's or authorized integrator's duties under Subsection (5)(a), a dealer data vendor or authorized integrator shall: (i) provide access to or an electronic copy of all protected dealer data and all other data stored in the dealer data system in: (A) a commercially reasonable time; and (B) a format that the successor dealer data vendor or successor authorized integrator can access and use; and (ii) before the agreement terminates, delete or return to the franchisee all protected dealer data pursuant to the franchisee's written directions.
Utah Code § 13-42-105 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-105
§ 13-42-105. Application for registration -- Form, fee, and accompanying documents.
Status: in_force

(1) An application for registration as a provider shall be in a form the division approves. (2) Subject to adjustment of dollar amounts in accordance with Subsection 13-42-132(6), an application for registration as a provider shall be accompanied by: (a) the fee the division establishes in accordance with Section 63J-1-504; (b) the bond required by Section 13-42-113; (c) identification of all trust accounts subject to Section 13-42-122 and an irrevocable consent authorizing the division to review and examine the trust accounts; (d) evidence of insurance in the amount of $250,000: (i) against the risks of dishonesty, fraud, theft, and other misconduct on the part of the applicant or a director, employee, or agent of the applicant; (ii) issued by an insurance company authorized to do business in this state and rated at least A or equivalent by a nationally recognized rating organization the division approves; (iii) with a deductible not exceeding $5,000; (iv) payable to the applicant and this state for the benefit of the residents of this state, as the applicant's interests may appear; and (v) not subject to cancellation by the applicant or the insurer until 60 days after written notice has been given to the division; (e) a record consenting to the jurisdiction of this state containing: (i) the name, business address, and other contact information of the applicant's registered agent in this state for purposes of service of process; or (ii) the appointment of the division as agent of the provider for purposes of service of process; and (f) if the applicant is organized as a not-for-profit entity or has obtained tax exempt status under the Internal Revenue Code, 26 U.S.C. Sec. 501, evidence of not-for-profit or tax-exempt status, or both. (3) (a) The division may waive or reduce the insurance requirement in Subsection (2)(d) if the provider does not: (i) maintain control of a trust account or receive money paid by an individual in accordance with a plan for distribution to creditors; (ii) make payments to creditors on behalf of individuals; (iii) collect fees by means of automatic payment from individuals; and (iv) execute any powers of attorney that may be utilized by the provider to collect fees from or expend funds on behalf of an individual. (b) A waiver or reduction in insurance requirements the division allows under Subsection (3)(a) shall balance the reduction in risk a provider poses by meeting the requirements of Subsection (2)(d) against any continued need for insurance against employee and director dishonesty.
Utah Code § 13-68-301 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-301
§ 13-68-301. Requirements for written contract -- Prohibited statements.
Status: in_force

(1) A lawyer referral consultant shall provide a client with a written contract before providing a lawyer referral consulting service to the client. (2) The contents of the written contract described in Subsection (1) shall comply with this section and rules the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) A prospective client may cancel a written contract on or before midnight of the third business day after execution of the written contract, excluding weekends and state and federal holidays. (4) A written contract under this section shall be stated in both English and in the client's native language. (5) A written contract under this section shall: (a) state the purpose for which the client hires the lawyer referral consultant; (b) state the one or more lawyer referral services the lawyer referral consultant will perform; (c) state the price for a lawyer referral service the lawyer referral consultant will perform; (d) include a statement printed in 12-point boldface font that the lawyer referral consultant: (i) is not an attorney; and (ii) may not perform the legal services that an attorney performs; (e) include a provision stating that the client may report complaints relating to a lawyer referral consultant to the division, including a telephone number and website; (f) include a provision stating that complaints concerning the unauthorized practice of law may be reported to the Utah State Bar, including a telephone number and website; and (g) include a provision stating in boldface on the first page of the written contract: "You may cancel this contract on or before midnight of the third business day after execution of the written contract." (6) A lawyer referral consultant may not, without some basis in fact: (a) include in a written contract a guarantee or promise; or (b) orally represent that the lawyer referral service includes a guarantee or promise. (7) A written contract is void if not written in accordance with this section.
Utah Code § 13-1a-7 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-7
§ 13-1a-7. 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 administrative hearings regarding any matter affecting the division or the incorporation or registration activities of any business governed by the laws administered by the division. (2) The director or the director's designee, for the purposes outlined in this chapter or any 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 § 13-13-4 — Utah Code / Title 13 / Chapter 13-13 / § 13-13-4
§ 13-13-4. Payment of percentage of receipts.
Status: in_force

If an exhibitor is required by a license agreement to make any payment to the distributor that is based on a percentage of the theatre box office receipts the license agreement may not require a guarantee of a minimum payment to the distributor or require the exhibitor to charge any per capita amount for ticket sales.
Utah Code § 13-58-401 — Utah Code / Title 13 / Chapter 13-58 / § 13-58-401
§ 13-58-401. Termination or nonrenewal of agreement -- Notice -- Repurchase obligations.
Status: in_force

(1) Except as provided in Section 13-58-402, a manufacturer or distributor may not terminate or fail to renew an agreement with a motorboat dealer unless: (a) the motorboat dealer defaults as described in Section 13-58-301; (b) the manufacturer or distributor gives the motorboat dealer written notice as described in Section 13-58-302 that clearly and concisely states: (i) the default; and (ii) that if the dealer fails to cure the default, the manufacturer or distributor may terminate the agreement; (c) the manufacturer or distributor provides the motorboat dealer the applicable period to cure the default as described in Subsection 13-58-302(2); and (d) the motorboat dealer fails to cure the default during the applicable period described in Subsection 13-58-302(2). (2) If an agreement is terminated or not renewed in violation of this section, the manufacturer shall pay to the motorboat dealer: (a) an amount that equals: (i) the dealer's cost of each new, undamaged, unsold, and unregistered motorboat, motorboat motor, and trailer in the dealer's inventory that the dealer: (A) acquired from the manufacturer or from another dealer; and (B) invoiced during the 24-month period immediately before the day on which the agreement terminates or is not renewed; minus (ii) each applicable dealer rebate and discount; (b) for each charge the manufacturer made for distribution, delivery, or taxes; (c) an amount that equals the dealer's cost for accessories added on a motorboat or trailer; (d) an amount that equals: (i) the cost of all new, undamaged, and unsold supplies, parts, and accessories, as advertised in the manufacturer's catalog or website on the day on which the agreement terminates or is not renewed; minus (ii) all allowance the manufacturer paid or credited to the dealer; (e) an amount that equals the greater of the fair market value for or the dealer's depreciated acquisition cost of a sign, if: (i) the manufacturer required or recommended the dealer to acquire the sign; (ii) the sign bears the manufacturer's name, trade name, or trademark; (iii) the sign is undamaged; and (iv) the dealer owns the sign; (f) an amount that equals the greater of the fair market value for or the dealer's depreciated acquisition cost of all special tools, equipment, and furnishings: (i) acquired from the manufacturer or a source the manufacturer approved; (ii) that the manufacturer required the dealer to acquire; and (iii) that are in good and usable condition; and (g) the cost of transporting, handling, packing, and loading all motorboats, motorboat motors, trailers, supplies, parts, accessories, signs, special tools, equipment, and furnishings. (3) A manufacturer shall pay a motorboat dealer the amounts described in Subsection (2) within 90 days after the day on which the tender of the property to the manufacturer occurs, if the dealer has: (a) clear title to the property; or (b) the manufacturer's statement of origin. (4) If an item described in Subsection (2) is subject to a security interest, the manufacturer may make payment jointly to: (a) the motorboat dealer; and (b) the holder of the security interest.
Utah Code § 13-64-202 — Utah Code / Title 13 / Chapter 13-64 / § 13-64-202
§ 13-64-202. Liability insurance -- Security for payment -- Provider net worth value.
Status: in_force

(1) A provider under a vehicle value protection agreement shall: (a) insure all vehicle value protection agreements the provider enters into under a contractual liability insurance policy that: (i) (A) is issued by an insurer authorized to do business in this state that has a surplus as to policyholders and paid-in capital of less than $10,000,000 and more than $5,000,000 and provides evidence to the division that the insurer maintains a ratio of net written premiums to surplus as to policyholders and paid-in capital of not greater than three to one; or (B) is issued by an insurer authorized to do business in this state that has as a surplus as to policyholders and paid-in capital of more than $10,000,000; and (ii) (A) requires the insurer to reimburse the purchaser if the provider fails to perform the provider's obligations under a vehicle value protection agreement; (B) covers any amount the provider is required to pay for failure to perform under a vehicle value protection agreement; and (C) allows a purchaser to file with the insurer a claim for reimbursement under the vehicle value protection agreement if the provider does not pay the purchaser within 60 days after the day on which proof of damage, total loss, or unrecovered theft of the covered vehicle is provided to the provider in accordance with the terms of the vehicle value protection agreement; (b) (i) maintain a funded reserve account to cover the provider's obligations under all vehicle value protection agreements the provider enters into that is equal to or greater than 40% of money received by, less claims paid to, the provider for the vehicle value protection agreements; and (ii) place in trust with the division a security that is equal to at least 5% of money received by, less claims paid to, the provider for all vehicle value protection agreements the provider enters into and more than $25,000; or (c) maintain, or together with the provider's parent company maintain, a net worth or stockholders' equity of $100,000,000. (2) (a) An insurer described in Subsection (1)(a) shall annually file with the division: (i) a copy of the insurer's audited financial statements; (ii) the insurer's National Association of Insurance Commissioner annual statement; and (iii) the actuarial certification filed in the insurer's state of domicile. (b) The division may examine a reserve account described in Subsection (1)(b). (c) A provider shall, upon request, provide the division a copy of: (i) the provider's or the provider's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission; or (ii) if the provider does not file with the Securities and Exchange Commission, a copy of the provider's audited financial statements that shows the net worth of the provider or the provider's parent company.
Utah Code § 13-60-102 — Utah Code / Title 13 / Chapter 13-60 / § 13-60-102
§ 13-60-102. Definitions.
Status: in_force

As used in this part: (1) "Biological sample" means any human material known to contain DNA, including tissue, blood, urine, or saliva. (2) "Consumer" means an individual who is a resident of the state. (3) "Deidentified data" means data that: (a) cannot reasonably be linked to an identifiable individual; and (b) possessed by a company that: (i) takes administrative and technical measures to ensure that the data cannot be associated with a particular consumer; (ii) makes a public commitment to maintain and use data in deidentified form and not attempt to reidentify data; and (iii) enters into legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data. (4) "Direct-to-consumer genetic testing company" or "company" means an entity that: (a) offers consumer genetic testing products or services directly to consumers; or (b) collects, uses, or analyzes genetic data that a consumer provides to the entity. (5) "DNA" means deoxyribonucleic acid. (6) "Express consent" means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose. (7) (a) "Genetic data" means any data, regardless of format, concerning a consumer's genetic characteristics. (b) "Genetic data" includes: (i) raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA; (ii) genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and (iii) self-reported health information regarding a consumer's health conditions that the consumer provides to a company that the company: (A) uses for scientific research or product development; and (B) analyzes in connection with the consumer's raw sequence data. (c) "Genetic data" does not include deidentified data. (8) "Genetic testing" means: (a) a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of the consumer; or (b) an interpretation of a consumer's genetic data.
Utah Code § 13-49-306 — Utah Code / Title 13 / Chapter 13-49 / § 13-49-306
§ 13-49-306. 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: (i) violates, causes a violation, allows a violation, or fails to satisfy the requirements of a provision of: (A) this chapter; or (B) a rule the division makes in accordance with this chapter; (ii) violates Chapter 11, Utah Consumer Sales Practices Act; (iii) is enjoined by a court, or is the subject of an administrative order 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 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 that 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.