Utah Code § 13-34-101 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-101
§ 13-34-101. Definitions.
Status: in_force

As used in this chapter: (1) "Accredited postsecondary school" means a postsecondary school that is accredited by an accrediting agency. (2) "Accrediting agency" means a private educational association that: (a) is recognized by the United States Department of Education; (b) develops education criteria; and (c) conducts evaluations to assess whether a postsecondary school meets the criteria described in Subsection (2)(b). (3) "Agent" means a person who: (a) owns an interest in a postsecondary school; (b) is employed by a postsecondary school; (c) enrolls or attempts to enroll a Utah resident in a postsecondary school; (d) offers to award an educational credential on behalf of a postsecondary school; or (e) holds oneself out to a Utah resident as representing a postsecondary school for any purpose. (4) "Apprentice" means the same as that term is defined in Section 35A-6-102. (5) "Apprenticeship" means the same as that term is defined in Section 35A-6-102. (6) "Distance postsecondary education" means the same as that term is defined in 20 U.S.C. Sec. 1003(7). (7) "Division" means the Division of Consumer Protection. (8) "Educational credential" means a degree, diploma, certificate, transcript, report, document, letter of designation, mark, or series of letters, numbers, or words that represent enrollment, attendance, or satisfactory completion of the requirements or prerequisites of an educational program. (9) "Longstanding nonprofit accredited postsecondary school" means an accredited postsecondary school that: (a) is a nonprofit organization; and (b) has operated continuously as a nonprofit for at least 20 years. (10) "Nonprofit organization" means a nonprofit corporation or foreign nonprofit corporation as those terms are defined in Section 16-6a-102. (11) "Operate" means to: (a) maintain a physical presence in the state; or (b) provide postsecondary education to an individual who resides in the state. (12) "Physical presence" means: (a) to maintain in the state a physical location where a student receives postsecondary education; or (b) to provide to a student distance postsecondary education from a location in this state. (13) (a) "Postsecondary education" means education or educational services offered primarily to an individual who: (i) has completed or terminated their secondary or high school education; or (ii) is beyond the age of compulsory school attendance. (b) "Postsecondary education" does not include instruction at or below the 12th grade level. (14) "Postsecondary school" means a person that offers postsecondary education: (a) in exchange for payment of tuition, fees, or other consideration; and (b) for the purpose of attaining educational, professional, or vocational objectives. (15) "Principal" means a postsecondary school's owner, officer, director, trustee, or administrator. (16) "Public postsecondary school" means a postsecondary school that is: (a) (i) an institution listed in Section 53H-1-102; or (ii) established by another state or other governmental entity; and (b) substantially supported with government funds. (17) "Reciprocity agreement" means an agreement the division enters into with another state in accordance with Section 13-34-303. (18) (a) "Registration certificate" means approval from the division to operate a postsecondary school in accordance with this chapter, and with rules adopted in accordance with this chapter. (b) "Registration certificate" does not mean an approval or endorsement of the postsecondary school by the division or the state. (19) "Registration statement" means an application and accompanying documentation required under this chapter for: (a) a registration certificate; or (b) a state authorization certificate. (20) (a) "State authorization certificate" means a certificate that the division issues to an accredited postsecondary school in accordance with Section 13-34-302. (b) "State authorization certificate" does not mean an approval or endorsement of the accredited postsecondary school by the division or the state. (21) "Student" means: (a) a person who pays or is obligated to pay a postsecondary school for postsecondary education; or (b) a legal guardian of a person described in Subsection (21)(a).
Utah Code § 13-14-205 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-205
§ 13-14-205. Liability for damages to motor vehicles in transit -- Disclosure required.
Status: in_force

(1) (a) A franchisee is solely liable for damage to a new motor vehicle after delivery by and acceptance from the carrier. (b) A delivery receipt or bill of lading, or similar document, signed by a franchisee is evidence of a franchisee's acceptance of a new motor vehicle. (2) A franchisor is liable for all damage to a motor vehicle before delivery to and acceptance by the franchisee, including that time in which the vehicle is in the control of a carrier or transporter. (3) (a) A franchisor shall disclose to the franchisee any repairs made prior to delivery, except a recreational vehicle franchisor shall disclose to a recreational vehicle franchisee any repair made to the vehicle prior to delivery only if: (i) the cost of the repair exceeds 3% of the manufacturer's wholesale price, as measured by retail repair costs; or (ii) the repair is to the exterior sidewalls or roof of the vehicle, and repairs total over $500. (b) Replacement of a recreational vehicle's glass, tires, wheels, audio equipment, in-dash components, instrument panels, appliances, furniture, and components other than built-in cabinetry contained in the vehicle's living quarters, is not considered a repair under this subsection if the component replaced has been replaced with original manufacturers parts and materials. (4) Notwithstanding Subsections (1), (2), and (3), the franchisee is liable for damage to a new motor vehicle after delivery to the carrier or transporter if the franchisee selected: (a) the method and mode of transportation; and (b) the carrier or transporter.
Utah Code § 13-54-301 — Utah Code / Title 13 / Chapter 13-54 / § 13-54-301
§ 13-54-301. Enforcement powers.
Status: in_force

(1) The division may 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 the provisions of this chapter. (b) In a court action by the division to enforce a provision of this chapter, the court may: (i) find that an act or practice violates a provision of this chapter; and (ii) award, for each violation of this chapter: (A) actual damages on behalf of each consumer who complained to the division within a reasonable time after the division initiated the court action; and (B) a fine of up to $2,500. (c) For any judgment in favor of the division under this section, the court may award: (i) costs, including the costs of investigation; and (ii) reasonable attorney fees. (3) Each ticket sold or offered for sale while a person is in violation of a provision of this chapter constitutes a separate violation of this chapter. (4) Nothing in this chapter affects: (a) a remedy available to a person independent of this chapter; or (b) the division's ability or authority to enforce any other law.
Utah Code § 13-45-102 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-102
§ 13-45-102. Definitions.
Status: in_force

As used in this chapter: (1) "Consumer" means an individual who is not a protected consumer. (2) "Consumer reporting agency" means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit or consumer reports to third persons. (3) "Consumer who is subject to a protected consumer security freeze" means an individual: (a) for whom a credit reporting agency placed a security freeze under Section 13-45-503; and (b) who, on the day on which a request for the removal of the security freeze is submitted under Section 13-45-504, is not a protected consumer. (4) "Credit report" means a consumer report, as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a, that is used or collected in whole or part for the purpose of serving as a factor in establishing a consumer's eligibility for credit for personal, family, or household purposes. (5) "File" means the same as that term is defined in 15 U.S.C. Sec. 1681a. (6) "Incapacitated person" means an individual who is incapacitated, as defined in Section 75-1-201. (7) "Normal business hours" means Sunday through Saturday, between the hours of 6:00 a.m. and 9:30 p.m., Mountain Standard or Mountain Daylight Time. (8) (a) "Personal information" means personally identifiable financial information: (i) provided by a consumer to another person; (ii) resulting from any transaction with the consumer or any service performed for the consumer; or (iii) otherwise obtained by another person. (b) "Personal information" does not include: (i) publicly available information, as that term is defined in Section 13-61-101; or (ii) any list, description, or other grouping of consumers, and publicly available information relating to a consumer, that is derived without using any nonpublic personal information. (c) Notwithstanding Subsection (8)(b), "personal information" includes any list, description, or other grouping of consumers, and publicly available information relating to a consumer, that is derived using any nonpublic personal information other than publicly available information. (9) (a) "Proper identification" means the same as that term is defined in 15 U.S.C. Sec. 1681h(a)(1); (b) "Proper identification" includes: (i) the consumer's full name, including first, last, and middle names and any suffix; (ii) any name the consumer previously used; (iii) the consumer's current and recent full addresses, including street address, any apartment number, city, state, and ZIP code; (iv) the consumer's Social Security number; and (v) the consumer's date of birth. (10) "Protected consumer" means an individual who, at the time a request for a security freeze is made, is: (a) under 16 years old; (b) an incapacitated person; or (c) a protected person. (11) "Protected person" means the same as that term is defined in Section 75-5b-102. (12) "Record" means a compilation of information that: (a) identifies a protected consumer; (b) is created by a consumer reporting agency solely for the purpose of complying with this section; and (c) may not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. (13) "Representative" means a person that provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. (14) (a) "Sufficient proof of authority" means documentation that shows that a person has authority to act on behalf of a protected consumer. (b) "Sufficient proof of authority" includes: (i) a court order; (ii) a lawfully executed power of attorney; or (iii) a written, notarized statement signed by the person that expressly describes the person's authority to act on behalf of the protected consumer. (15) (a) "Sufficient proof of identification" means information or documentation that identifies a protected consumer or a representative. (b) "Sufficient proof of identification" includes: (i) a Social Security number or a copy of a Social Security card issued by the United States Social Security Administration; (ii) a certified or official copy of a birth certificate; or (iii) a copy of a government issued driver license or identification card.
Utah Code § 13-7-3 — Utah Code / Title 13 / Chapter 13-7 / § 13-7-3
§ 13-7-3. Equal right in business establishments, places of public accommodation, and enterprises regulated by the state.
Status: in_force

(1) All persons within the jurisdiction of this state are free and equal and are entitled to full and equal accommodations, advantages, facilities, privileges, goods and services in all business establishments and in all places of public accommodation, and by all enterprises regulated by the state of every kind whatsoever, without discrimination on the basis of race, color, sex, pregnancy, religion, ancestry or national origin. (2) Nothing in this act shall be construed to deny any person the right to regulate the operation of a business establishment or place of public accommodation or an enterprise regulated by the state in a manner which applies uniformly to all persons without regard to race, color, sex, pregnancy, religion, ancestry, or national origin; or to deny any religious organization the right to regulate the operation and procedures of its establishments. (3) Nothing in this act regulates business website accessibility.
Utah Code § 13-72a-301 — Utah Code / Title 13 / Chapter 13-72a / § 13-72a-301
§ 13-72a-301. Severability.
Status: in_force

(1) If any provision of this chapter or the application of any provision of this chapter 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 § 13-78-101 — Utah Code / Title 13 / Chapter 13-78 / § 13-78-101
§ 13-78-101. Definitions.
Status: in_force

As used in this chapter: (1) "Consumer" means an individual who resides in the state. (2) "Division" means the Division of Consumer Protection established in Section 13-2-102. (3) "Earned but unpaid income" means compensation, including salary, wages, or other income, that: (a) a consumer earns or accrues through services the consumer provides to an employer or as an independent contractor; and (b) the employer or hiring party has not yet paid to the consumer. (4) "Earned wage access services" means the payment of funds to a consumer determined by: (a) (i) a consumer's representation; and (ii) the provider's reasonable determination of earned but unpaid income; or (b) employment, income, and attendance data obtained directly or indirectly by a provider from an employer or an employer's payroll service provider. (5) (a) "Fee" means a charge the provider imposes on a consumer for earned wage access services, expedited delivery of funds, or a subscription or membership that includes earned wage access services. (b) "Fee" does not include a voluntary tip, gratuity, or donation. (6) (a) "Provider" means a person that engages in the business of offering earned wage access services. (b) "Provider" does not include: (i) a service provider, such as a payroll service provider, that verifies, but does not fund, earned wages; (ii) an employer that advances a portion of earned wages directly to employees or independent contractors; or (iii) a person regulated under Title 7, Financial Institutions Act.
Utah Code § 13-12-8 — Utah Code / Title 13 / Chapter 13-12 / § 13-12-8
§ 13-12-8. Marketing agreements applicable after effective date.
Status: in_force

This act shall apply to all marketing agreements made, renewed, or amended after the effective date of this act.
Utah Code § 13-61-404 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-404
§ 13-61-404. Attorney general report.
Status: in_force

(1) The attorney general and the division shall compile a report: (a) evaluating the liability and enforcement provisions of this chapter, including the effectiveness of the attorney general's and the division's efforts to enforce this chapter; and (b) summarizing the data protected and not protected by this chapter including, with reasonable detail, a list of the types of information that are publicly available from local, state, and federal government sources. (2) The attorney general and the division may update the report as new information becomes available. (3) The attorney general and the division shall submit the report to the Business and Labor Interim Committee before July 1, 2025.
Utah Code § 13-61-102 — Utah Code / Title 13 / Chapter 13-61 / § 13-61-102
§ 13-61-102. Applicability.
Status: in_force

1/1/2027 (1) This chapter applies to: (a) any controller or processor who: (i) (A) conducts business in the state; or (B) produces a product or service that is targeted to consumers who are residents of the state; (ii) has annual revenue of $25,000,000 or more; and (iii) satisfies one or more of the following thresholds: (A) during a calendar year, controls or processes personal data of 100,000 or more consumers; or (B) derives over 50% of the entity's gross revenue from the sale of personal data and controls or processes personal data of 25,000 or more consumers; or (b) a motor vehicle manufacturer who: (i) manufactures motor vehicles that are sold or leased in the state; and (ii) collects, transmits, or stores personal data through a vehicle data collection system. (2) This chapter does not apply to: (a) a governmental entity or a third party under contract with a governmental entity when the third party is acting on behalf of the governmental entity; (b) a tribe; (c) an institution of higher education; (d) a nonprofit corporation; (e) a covered entity; (f) a business associate; (g) information that meets the definition of: (i) protected health information for purposes of the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Sec. 1320d et seq., and related regulations; (ii) patient identifying information for purposes of 42 C.F.R. Part 2; (iii) identifiable private information for purposes of the Federal Policy for the Protection of Human Subjects, 45 C.F.R. Part 46; (iv) identifiable private information or personal data collected as part of human subjects research pursuant to or under the same standards as: (A) the good clinical practice guidelines issued by the International Council for Harmonisation; or (B) the Protection of Human Subjects under 21 C.F.R. Part 50 and Institutional Review Boards under 21 C.F.R. Part 56; (v) personal data used or shared in research conducted in accordance with one or more of the requirements described in Subsection (2)(g)(iv); (vi) information and documents created specifically for, and collected and maintained by, a committee but not a board or council listed in Section 26B-1-204; (vii) information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986, 42 U.S.C. Sec. 11101 et seq., and related regulations; (viii) patient safety work product for purposes of 42 C.F.R. Part 3; or (ix) information that is: (A) deidentified in accordance with the requirements for deidentification set forth in 45 C.F.R. Part 164; and (B) derived from any of the health care-related information listed in this Subsection (2)(g); (h) information originating from, and intermingled to be indistinguishable with, information under Subsection (2)(g) that is maintained by: (i) a health care facility or health care provider; or (ii) a program or a qualified service organization as defined in 42 C.F.R. Sec. 2.11; (i) information used only for public health activities and purposes as described in 45 C.F.R. Sec. 164.512; (j) (i) an activity by: (A) a consumer reporting agency, as defined in 15 U.S.C. Sec. 1681a; (B) a furnisher of information, as set forth in 15 U.S.C. Sec. 1681s-2, who provides information for use in a consumer report, as defined in 15 U.S.C. Sec. 1681a; or (C) a user of a consumer report, as set forth in 15 U.S.C. Sec. 1681b; (ii) subject to regulation under the federal Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq.; and (iii) involving the collection, maintenance, disclosure, sale, communication, or use of any personal data bearing on a consumer's: (A) credit worthiness; (B) credit standing; (C) credit capacity; (D) character; (E) general reputation; (F) personal characteristics; or (G) mode of living; (k) a financial institution or an affiliate of a financial institution governed by, or personal data collected, processed, sold, or disclosed in accordance with, Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. Sec. 6801 et seq., and related regulations; (l) personal data collected, processed, sold, or disclosed in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Sec. 2721 et seq.; (m) personal data regulated by the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g, and related regulations; (n) personal data collected, processed, sold, or disclosed in accordance with the federal Farm Credit Act of 1971, 12 U.S.C. Sec. 2001 et seq.; (o) data that are processed or maintained: (i) in the course of an individual applying to, being employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent the collection and use of the data are related to the individual's role; (ii) as the emergency contact information of an individual described in Subsection (2)(o)(i) and used for emergency contact purposes; or (iii) to administer benefits for another individual relating to an individual described in Subsection (2)(o)(i) and used for the purpose of administering the benefits; (p) an individual's processing of personal data for purely personal or household purposes; or (q) an air carrier. (3) A controller is in compliance with any obligation to obtain parental consent under this chapter if the controller complies with the verifiable parental consent mechanisms under the Children's Online Privacy Protection Act, 15 U.S.C. Sec. 6501 et seq., and the act's implementing regulations and exemptions. (4) This chapter does not require a person to take any action in conflict with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Sec. 1320d et seq., or related regulations.1/1/2027 (1) This chapter applies to: (a) any controller or processor who: (i) (A) conducts business in the state; or (B) produces a product or service that is targeted to consumers who are residents of the state; (ii) has annual revenue of $25,000,000 or more; and (iii) satisfies one or more of the following thresholds: (A) during a calendar year, controls or processes personal data of 100,000 or more consumers; or (B) derives over 50% of the entity's gross revenue from the sale of personal data and controls or processes personal data of 25,000 or more consumers; or (b) a motor vehicle manufacturer who: (i) manufactures motor vehicles that are sold or leased in the state; and (ii) collects, transmits, or stores personal data through a vehicle data collection system. (2) This chapter does not apply to: (a) a governmental entity or a third party under contract with a governmental entity when the third party is acting on behalf of the governmental entity; (b) a tribe; (c) an institution of higher education; (d) a nonprofit corporation; (e) a covered entity; (f) a business associate; (g) information that meets the definition of: (i) protected health information for purposes of the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Sec. 1320d et seq., and related regulations; (ii) patient identifying information for purposes of 42 C.F.R. Part 2; (iii) identifiable private information for purposes of the Federal Policy for the Protection of Human Subjects, 45 C.F.R. Part 46; (iv) identifiable private information or personal data collected as part of human subjects research pursuant to or under the same standards as: (A) the good clinical practice guidelines issued by the International Council for Harmonisation; or (B) the Protection of Human Subjects under 21 C.F.R. Part 50 and Institutional Review Boards under 21 C.F.R. Part 56; (v) personal data used or shared in research conducted in accordance with one or more of the requirements described in Subsection (2)(g)(iv); (vi) information and documents created specifically for, and collected and maintained by, a committee but not a board or council listed in Section 26B-1-204; (vii) information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986, 42 U.S.C. Sec. 11101 et seq., and related regulations; (viii) patient safety work product for purposes of 42 C.F.R. Part 3; or (ix) information that is: (A) deidentified in accordance with the requirements for deidentification set forth in 45 C.F.R. Part 164; and (B) derived from any of the health care-related information listed in this Subsection (2)(g); (h) information originating from, and intermingled to be indistinguishable with, information under Subsection (2)(g) that is maintained by: (i) a health care facility or health care provider; or (ii) a program or a qualified service organization as defined in 42 C.F.R. Sec. 2.11; (i) information used only for public health activities and purposes as described in 45 C.F.R. Sec. 164.512; (j) (i) an activity by: (A) a consumer reporting agency, as defined in 15 U.S.C. Sec. 1681a; (B) a furnisher of information, as set forth in 15 U.S.C. Sec. 1681s-2, who provides information for use in a consumer report, as defined in 15 U.S.C. Sec. 1681a; or (C) a user of a consumer report, as set forth in 15 U.S.C. Sec. 1681b; (ii) subject to regulation under the federal Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq.; and (iii) involving the collection, maintenance, disclosure, sale, communication, or use of any personal data bearing on a consumer's: (A) credit worthiness; (B) credit standing; (C) credit capacity; (D) character; (E) general reputation; (F) personal characteristics; or (G) mode of living; (k) a financial institution or an affiliate of a financial institution governed by, or personal data collected, processed, sold, or disclosed in accordance with, Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. Sec. 6801 et seq., and related regulations; (l) personal data collected, processed, sold, or disclosed in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Sec. 2721 et seq.; (m) personal data regulated by the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g, and related regulations; (n) personal data collected, processed, sold, or disclosed in accordance with the federal Farm Credit Act of 1971, 12 U.S.C. Sec. 2001 et seq.; (o) data that are processed or maintained: (i) in the course of an individual applying to, being employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent the collection and use of the data are related to the individual's role; (ii) as the emergency contact information of an individual described in Subsection (2)(o)(i) and used for emergency contact purposes; or (iii) to administer benefits for another individual relating to an individual described in Subsection (2)(o)(i) and used for the purpose of administering the benefits; (p) an individual's processing of personal data for purely personal or household purposes; or (q) an air carrier. (3) A controller is in compliance with any obligation to obtain parental consent under this chapter if the controller complies with the verifiable parental consent mechanisms under the Children's Online Privacy Protection Act, 15 U.S.C. Sec. 6501 et seq., and the act's implementing regulations and exemptions. (4) This chapter does not require a person to take any action in conflict with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Sec. 1320d et seq., or related regulations.
Utah Code § 13-45-505 — Utah Code / Title 13 / Chapter 13-45 / § 13-45-505
§ 13-45-505. Removal of security freeze for protected consumer.
Status: in_force

(1) To remove a security freeze that is placed under this part, the protected consumer's representative or the consumer who is subject to a protected consumer security freeze shall: (a) submit a request for the removal of the security freeze to the consumer reporting agency: (i) at the address or other point of contact provided by the consumer reporting agency; and (ii) in the manner specified by the consumer reporting agency; (b) provide to the consumer reporting agency: (i) in the case of a request by a protected consumer's representative: (A) sufficient proof of identification of the protected consumer; (B) sufficient proof of identification of the protected consumer's representative; and (C) sufficient proof of authority to act on behalf of the protected consumer; or (ii) in the case of a request by the consumer who is subject to a protected consumer security freeze: (A) sufficient proof of identification of the consumer who is subject to a protected consumer security freeze; and (B) proof that the consumer who is subject to a protected consumer security freeze is not a protected consumer; and (c) if applicable, pay the consumer reporting agency a fee described in Subsection 13-45-506(2). (2) Within 30 days after the day on which a consumer reporting agency receives a request under Subsection (1), the consumer reporting agency shall remove the security freeze. (3) A consumer reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.
Utah Code § 13-72b-201 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-201
§ 13-72b-201. Unlawful distribution of non-consensual counterfeit intimate images.
Status: in_force

1/1/2027 (1) The distribution of a counterfeit intimate image by a generation service without the consent of the identifiable individual depicted in the image is a violation of the individual's reasonable expectation of privacy. (2) A generation service may not distribute a counterfeit intimate image without first obtaining consent from the identifiable individual depicted in the counterfeit intimate image. (3) To obtain consent sufficient to meet the requirements of Subsection (2), a generation service shall implement and maintain a consent system that: (a) requires the identifiable individual depicted in the counterfeit intimate image to affirmatively provide consent before the counterfeit intimate image is distributed; (b) assures the identity of the individual providing consent with reasonable accuracy; and (c) maintains a record of the consent for a period of not less than seven years. (4) A generation service may not require an individual to disclose personally identifiable information beyond what is reasonably necessary to assure the individual's identity and obtain valid consent.
Utah Code § 13-68-101 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-101
§ 13-68-101. Definitions.
Status: in_force

As used in this chapter: (1) "Attorney" means an individual who is authorized to provide legal services in any state or territory of the United States. (2) "Client" means a person: (a) to whom a lawyer referral consultant provides lawyer referral services; or (b) that enters into an agreement to receive services from a lawyer referral consultant. (3) "Compensation" means anything of economic value that a person pays, loans, grants, gives, donates, or transfers to a person, directly or indirectly, for or in consideration of: (a) services; (b) personal or real property; or (c) another thing of value. (4) "Digital marketing service" means an internet-based company that: (a) advertises legal services on behalf of a law firm; and (b) does not contact prospective clients individually. (5) "Division" means the Division of Consumer Protection established in Section 13-2-102. (6) "Law firm" means an entity consisting of one or more licensed lawyers lawfully engaged in the practice of law. (7) "Lawyer referral consultant" means an individual that engages in lawyer referral service. (8) (a) "Lawyer referral service" means assisting a person to find an attorney or law firm that provides legal services in the legal field appropriate for the person's legal matter. (b) "Lawyer referral service" does not include a digital marketing service. (9) "Legal services" means any form of legal advice or legal representation that is subject to the laws of this state.
Utah Code § 13-38a-202 — Utah Code / Title 13 / Chapter 13-38a / § 13-38a-202
§ 13-38a-202. Limitation on information contained in receipts.
Status: in_force

(1) A person that accepts a financial transaction card for the transaction of business may not, on a financial transaction card receipt: (a) print more than the last five digits of the financial transaction card account number; or (b) print the financial transaction card expiration date. (2) (a) This section applies only to receipts that are electronically printed. (b) This section does not apply to transactions in which the initial means of recording the financial transaction card number is by: (i) handwriting; or (ii) an imprint or copy of the financial transaction card.
Utah Code § 13-1-2 — Utah Code / Title 13 / Chapter 13-1 / § 13-1-2
§ 13-1-2. Creation and functions of department -- Divisions created -- Fees -- Commerce Service Account.
Status: in_force

10/1/2026 (1) (a) There is created the Department of Commerce. (b) The department shall: (i) execute and administer state laws regulating business activities and occupations affecting the public interest; and (ii) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required: (A) under this title; (B) by the department; or (C) by an agency or division within the department. (2) Within the department the following divisions are created: (a) the Division of Professional Licensing; (b) the Division of Real Estate; (c) the Division of Securities; (d) the Division of Public Utilities; (e) the Division of Consumer Protection; and (f) the Division of Corporations and Commercial Code. (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services the department provides by following the procedures and requirements of Section 63J-1-504. (b) The department shall submit each fee established in this manner to the Legislature for the Legislature's approval as part of the department's annual appropriations request. (c) (i) There is created a restricted account within the General Fund known as the "Commerce Service Account." (ii) The restricted account created in Subsection (3)(c)(i) consists of fees that each division and the department collect. (iii) The undesignated account balance may not exceed $1,000,000 at the end of each fiscal year. (iv) At the end of each fiscal year, the director of the Division of Finance shall transfer into the General Fund any undesignated funds in the account that exceed the amount necessary to maintain the undesignated account balance at $1,000,000. (d) The department may not charge or collect a fee or expend money from the restricted account without approval by the Legislature. (4) (a) As used in this Subsection (4): (i) "Business entity" means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. (ii) "Fund" means the Single Sign-On Expendable Special Revenue Fund, created in Subsection (4)(c). (iii) "Renewal fee" means a fee that the Division of Corporations and Commercial Code, established in Section 13-1a-102, is authorized or required to charge a business entity in connection with the business entity's periodic renewal of the business entity's status with the Division of Corporations and Commercial Code. (iv) "Single sign-on fee" means a fee described in Subsection (4)(b) to pay for the establishment and maintenance of the single sign-on business portal. (v) "Single sign-on business portal" means the same as that term is defined in Section 63A-16-802. (b) (i) The schedule of fees adopted by the department under Subsection (3) shall include a single sign-on fee, not to exceed $5, as part of a renewal fee. (ii) The department shall deposit all single sign-on fee revenue into the fund. (c) (i) There is created the Single Sign-On Expendable Special Revenue Fund. (ii) The fund consists of: (A) money that the department collects from the single sign-on fee; and (B) money that the Legislature appropriates to the fund. (iii) (A) The department may maintain any portion of the fund in an interest bearing account. (B) The department shall deposit all interest earned on the fund into the fund. (d) The department shall use the money in the fund to pay for costs: (i) to design, create, operate, and maintain the single sign-on business portal; and (ii) incurred by: (A) the Department of Technology Services, created in Section 63A-16-103; or (B) a third-party vendor working under a contract with the Department of Technology Services. (e) The department shall report on fund revenues and expenditures to the Public Utilities, Energy, and Technology Interim Committee of the Legislature annually and at any other time requested by the committee. (5) (a) As used in this Subsection (5), "fund" means the Department of Commerce Technology, Education, and Training Fund created in Subsection (5)(b). (b) There is created an expendable special revenue fund known as the Department of Commerce Technology, Education, and Training Fund. (c) (i) The department may maintain any portion of the fund in an interest bearing account. (ii) The department shall deposit all interest earned on the fund into the fund. (d) The fund consists of: (i) fees the Division of Corporations and Commercial Code collects under Subsections 13-1a-6(4) and 70A-9a-523(6); and (ii) fees the Division of Professional Licensing collects for making lists of licensees public under Subsection 58-1-106(1)(k). (e) The department shall use the money in the fund to: (i) pay each cost the department incurs in providing a subscription service and data to a requester; (ii) provide public education that covers professional licensing, business entities, commercial code filings, and trademarks; (iii) publish brochures, laws, policy statements, or other material relevant to the department's work; (iv) purchase equipment for employees of the Division of Corporation and Commercial Code; (v) train employees of the Division of Corporation and Commercial Code; (vi) employ temporary staff; and (vii) fund purchases of technology and technology maintenance used in business registrations, licensing, and commercial filings. (6) (a) As used in this Subsection (6): (i) "Costs of electronic payments" means: (A) a charge, discount fee, or processing fee that a credit card company or processing agent charges to process an electronic payment; or (B) the costs associated with the purchase of equipment necessary for processing electronic payments. (ii) "Electronic payment" means a form of payment processed through electronic means, including a credit card, debit card, or automatic clearinghouse transaction. (iii) "Electronic payment fee" means the fee the department adopts in accordance with this Subsection (6) to defray the costs of electronic payments. (b) As part of the schedule of fees described in Subsection (3)(a), the department shall establish an electronic payment fee. (c) The department: (i) may collect an electronic payment fee from a person who applies for or renews a license or registration that the department or a division of the department issues; and (ii) shall deposit into the Commerce Electronic Payment Fee Restricted Account created in Section 13-1-17 each electronic payment fee the department collects. (d) The electronic payment fee described in this Subsection (6) is not subject to Subsection 63J-1-105(3) or (4). (e) (i) If the department imposes an electronic payment fee, the department shall collect the electronic payment fee from each person described in Subsection (6)(c)(i) regardless of whether the person makes an electronic payment. (ii) The department is not required to separately identify an electronic payment charged to a person described in Subsection (6)(c)(i).10/1/2026 (1) (a) There is created the Department of Commerce. (b) The department shall: (i) execute and administer state laws regulating business activities and occupations affecting the public interest; and (ii) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required: (A) under this title; (B) by the department; or (C) by an agency or division within the department. (2) Within the department the following divisions are created: (a) the Division of Professional Licensing; (b) the Division of Real Estate; (c) the Division of Securities; (d) the Division of Public Utilities; (e) the Division of Consumer Protection; and (f) the Division of Corporations and Commercial Code. (3) (a) Unless otherwise provided by statute, the department may adopt a schedule of fees assessed for services the department provides by following the procedures and requirements of Section 63J-1-504. (b) The department shall submit each fee established in this manner to the Legislature for the Legislature's approval as part of the department's annual appropriations request. (c) (i) There is created a restricted account within the General Fund known as the "Commerce Service Account." (ii) The restricted account created in Subsection (3)(c)(i) consists of fees that each division and the department collect. (iii) The undesignated account balance may not exceed $1,000,000 at the end of each fiscal year. (iv) At the end of each fiscal year, the director of the Division of Finance shall transfer into the General Fund any undesignated funds in the account that exceed the amount necessary to maintain the undesignated account balance at $1,000,000. (d) The department may not charge or collect a fee or expend money from the restricted account without approval by the Legislature. (4) (a) As used in this Subsection (4): (i) "Business entity" means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. (ii) "Fund" means the Single Sign-On Expendable Special Revenue Fund, created in Subsection (4)(c). (iii) "Renewal fee" means a fee that the Division of Corporations and Commercial Code, established in Section 13-1a-102, is authorized or required to charge a business entity in connection with the business entity's periodic renewal of the business entity's status with the Division of Corporations and Commercial Code. (iv) "Single sign-on fee" means a fee described in Subsection (4)(b) to pay for the establishment and maintenance of the single sign-on business portal. (v) "Single sign-on business portal" means the same as that term is defined in Section 63A-16-802. (b) (i) The schedule of fees adopted by the department under Subsection (3) shall include a single sign-on fee, not to exceed $5, as part of a renewal fee. (ii) The department shall deposit all single sign-on fee revenue into the fund. (c) (i) There is created the Single Sign-On Expendable Special Revenue Fund. (ii) The fund consists of: (A) money that the department collects from the single sign-on fee; and (B) money that the Legislature appropriates to the fund. (iii) (A) The department may maintain any portion of the fund in an interest bearing account. (B) The department shall deposit all interest earned on the fund into the fund. (d) The department shall use the money in the fund to pay for costs: (i) to design, create, operate, and maintain the single sign-on business portal; and (ii) incurred by: (A) the Department of Technology Services, created in Section 63A-16-103; or (B) a third-party vendor working under a contract with the Department of Technology Services. (e) The department shall report on fund revenues and expenditures to the Public Utilities, Energy, and Technology Interim Committee of the Legislature annually and at any other time requested by the committee. (5) (a) As used in this Subsection (5), "fund" means the Department of Commerce Technology, Education, and Training Fund created in Subsection (5)(b). (b) There is created an expendable special revenue fund known as the Department of Commerce Technology, Education, and Training Fund. (c) (i) The department may maintain any portion of the fund in an interest bearing account. (ii) The department shall deposit all interest earned on the fund into the fund. (d) The fund consists of: (i) fees the Division of Corporations and Commercial Code collects under Subsections 13-1a-6(4) and 70A-9a-523(6); and (ii) fees the Division of Professional Licensing collects for making lists of licensees public under Subsection 58-1-106(1)(k). (e) The department shall use the money in the fund to: (i) pay each cost the department incurs in providing a subscription service and data to a requester; (ii) provide public education that covers professional licensing, business entities, commercial code filings, and trademarks; (iii) publish brochures, laws, policy statements, or other material relevant to the department's work; (iv) purchase equipment for employees of the Division of Corporation and Commercial Code; (v) train employees of the Division of Corporation and Commercial Code; (vi) employ temporary staff; and (vii) fund purchases of technology and technology maintenance used in business registrations, licensing, and commercial filings. (6) (a) As used in this Subsection (6): (i) "Costs of electronic payments" means: (A) a charge, discount fee, or processing fee that a credit card company or processing agent charges to process an electronic payment; or (B) the costs associated with the purchase of equipment necessary for processing electronic payments. (ii) "Electronic payment" means a form of payment processed through electronic means, including a credit card, debit card, or automatic clearinghouse transaction. (iii) "Electronic payment fee" means the fee the department adopts in accordance with this Subsection (6) to defray the costs of electronic payments. (b) As part of the schedule of fees described in Subsection (3)(a), the department shall establish an electronic payment fee. (c) The department: (i) may collect an electronic payment fee from a person who applies for or renews a license or registration that the department or a division of the department issues; and (ii) shall deposit into the Commerce Electronic Payment Fee Restricted Account created in Section 13-1-17 each electronic payment fee the department collects. (d) The electronic payment fee described in this Subsection (6) is not subject to Subsection 63J-1-105(3) or (4). (e) (i) If the department imposes an electronic payment fee, the department shall collect the electronic payment fee from each person described in Subsection (6)(c)(i) regardless of whether the person makes an electronic payment. (ii) The department is not required to separately identify an electronic payment charged to a person described in Subsection (6)(c)(i).
Utah Code § 13-24-1 — Utah Code / Title 13 / Chapter 13-24 / § 13-24-1
§ 13-24-1. Short title.
Status: in_force

This chapter is known as the "Uniform Trade Secrets Act."
Utah Code § 13-24-7 — Utah Code / Title 13 / Chapter 13-24 / § 13-24-7
§ 13-24-7. Statute of limitations.
Status: in_force

An action for misappropriation shall be brought within three years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Utah Code § 13-38a-101 — Utah Code / Title 13 / Chapter 13-38a / § 13-38a-101
§ 13-38a-101. Title.
Status: in_force

(1) This chapter is known as the "Financial Transaction Card Protection Act." (2) This part is known as "General Provisions."
Utah Code § 13-42-108 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-108
§ 13-42-108. Application for registration -- Public information.
Status: in_force

Except for the information required by Subsections 13-42-106(7), (14), and (17) and the addresses required by Subsection 13-42-106(4), the division shall make the information in an application for registration as a provider available to the public.
Utah Code § 13-5a-102 — Utah Code / Title 13 / Chapter 13-5a / § 13-5a-102
§ 13-5a-102. Definitions.
Status: in_force

As used in this chapter: (1) "Control" means: (a) ownership of more than 5% of the voting shares or ownership interests of an entity; (b) the power to vote more than 5% of the voting shares of an entity; or (c) the ability to influence the management of an entity. (2) "Depository institution" is as defined in Section 7-1-103. (3) "Malicious cyber activity" means: (a) the unlawful use of computing resources to intimidate or coerce others; (b) accessing a computer without authorization or exceeding authorized access; (c) willfully communicating, delivering, or causing the transmission of a program, information, code, or command without authorization or exceeding authorized access; and (d) intentionally or recklessly: (i) intends to defraud or materially cause damage or disruption to any computing resources or to the owner of any computing resources; or (ii) intends to materially cause damage or disruption to any computing resources indirectly through another party's computing resources. (4) (a) Except as provided in Subsection (4)(b), "unfair competition" means an intentional business act or practice that: (i) (A) is unlawful, unfair, or fraudulent; and (B) leads to a material diminution in value of intellectual property; and (ii) is one of the following: (A) malicious cyber activity; (B) infringement of a patent, trademark, or trade name; (C) a software license violation; or (D) predatory hiring practices. (b) Notwithstanding Subsection (4)(a), "unfair competition" does not include the departure and hiring of an employee by a competitor.
Utah Code § 13-5a-103 — Utah Code / Title 13 / Chapter 13-5a / § 13-5a-103
§ 13-5a-103. Private action for unfair competition.
Status: in_force

(1) (a) Except as provided in Subsection (2), a person injured by unfair competition may bring a private cause of action against a person who engages in unfair competition. (b) In an action under this Subsection (1), a person injured by unfair competition may recover: (i) actual damages; (ii) costs and attorney fees; and (iii) if the court determines that the circumstances are appropriate, punitive damages. (2) A person may not bring an action described in Subsection (1) against: (a) a depository institution; or (b) an entity that: (i) controls a depository institution; (ii) is controlled by an entity that controls a depository institution; or (iii) is controlled by a depository institution.
Utah Code § 13-32a-103.5 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-103.5
§ 13-32a-103.5. Specie legal tender exempt from chapter.
Status: in_force

Specie legal tender as defined in Section 59-1-1501.1 that is used as legal tender is exempt from this chapter.
Utah Code § 13-22-107 — Utah Code / Title 13 / Chapter 13-22 / § 13-22-107
§ 13-22-107. Grounds for denial, suspension, or revocation.
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 application or registration is incomplete or misleading in a material respect; (b) the applicant or the applicant's principal: (i) violates this chapter, causes a violation of this chapter, allows a violation of this chapter, 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 subject to an administrative or judicial order, if the administrative or judicial order: (A) includes a finding or admission of the applicant's fraud, breach of fiduciary duty, or material misrepresentation; or (B) is based on a finding of the applicant's lack of integrity, truthfulness, or mental competence; (iv) is convicted of a crime involving fraud, dishonesty, a false statement, forgery, or theft; (v) obtains or attempts to obtain a registration by misrepresentation; (vi) fails to provide information the division requests; (vii) fails to pay an administrative fine that the division or an administrative order imposes; or (viii) fails to pay the fee to file a registration application or a renewal application.
Utah Code § 13-60-106 — Utah Code / Title 13 / Chapter 13-60 / § 13-60-106
§ 13-60-106. Enforcement powers of the attorney general.
Status: in_force

(1) The attorney general may enforce this part. (2) The attorney general may initiate a civil enforcement action against a person for violating this part. (3) In an action to enforce this part, the attorney general may recover: (a) actual damages to the consumer; (b) costs; (c) attorney fees; and (d) $2,500 for each violation of this part.
Utah Code § 13-72b-303 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-303
§ 13-72b-303. Civil liability for covered platforms.
Status: in_force

1/1/2027 (1) A person, or the heirs of a deceased person, who has been injured by a violation of Section 13-72b-301 may bring a civil action against the covered platform that committed the violation. (2) If in an action described in Subsection (1) the court finds the defendant is violating or has violated any provision of Section 13-72b-301, the court shall: (a) enjoin the defendant from continued violation; and (b) order the defendant to remove or destroy any counterfeit intimate image distributed in violation of Section 13-72b-301 and all copies of the counterfeit intimate image within the defendant's possession or control. (3) It is not necessary that actual damages to the plaintiff be alleged or proved in an action under this section. (4) A plaintiff in an action under this section is entitled to recover: (a) actual damages sustained, if any, including damages for emotional distress; (b) punitive damages, if the violation is found to be willful, reckless, or malicious; and (c) reasonable attorney fees and costs. (5) Each failure to comply with the notice and takedown requirements established in Section 13-72b-302 after receiving notice of a counterfeit intimate image constitutes a separate violation of this chapter. (6) The statute of limitations for a civil action under this section is the later of: (a) three years from the date the plaintiff discovered or reasonably should have discovered the violation; or (b) 10 years from the date of the violation.
Utah Code § 13-14a-3 — Utah Code / Title 13 / Chapter 13-14a / § 13-14a-3
§ 13-14a-3. Right of return on death of dealer -- Continuation of business by heirs or survivors -- Right to sell business.
Status: in_force

(1) Upon the death of a dealer, the death of a general partner in a partnership operating as a dealer, or the death of a majority shareholder in a corporation operating as a dealer, the manufacturer or wholesaler shall repurchase the inventory under Section 13-14a-2. (2) Subsection (1) does not apply if the heirs of the decedent, the remaining partners, or the remaining shareholders elect to continue to operate the dealership and reaffirm an existing agreement or enter into a new agreement with the manufacturer or wholesaler within 180 days or any longer period as they may agree. (3) A manufacturer may not unreasonably withhold approval of a new sales agreement from a third party if: (a) the dealer elects to sell the dealer's business to the third party; or (b) on the death of a dealer, the death of a general partner in a partnership operating as a dealer, or the death of a majority shareholder in a corporation operating as a dealer, the heirs of the decedent, the remaining partners, or the remaining shareholders elect to sell the business to the third party.
Utah Code § 13-32a-104.6 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-104.6
§ 13-32a-104.6. Database information from automated recycling kiosk operators.
Status: in_force

(1) An automated recycling kiosk operator shall generate a ticket under this section for each secondhand merchandise transaction in which the automated recycling kiosk operator engages. An automated recycling kiosk operator shall document on the ticket the following information: (a) the date and time of the transaction; (b) the ticket number; (c) a color digital photograph of the front and back of each wireless communication device; (d) the following information regarding the individual who sells the wireless communication device: (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 automated recycling kiosk; (iii) the individual's signature; (iv) a color digital photograph of the individual; and (v) (A) subject to rules made under Subsection (3), an electronic or tangible legible fingerprint of the individual's right index finger, or if the right index finger cannot be fingerprinted, a legible fingerprint of the individual with a notation identifying the fingerprint and the reason why the right index fingerprint was unavailable; and (B) notwithstanding the other provisions of this Subsection (1), an electronic legible fingerprint is not required to be documented on the ticket; (e) the full name of the individual conducting the secondhand merchandise transaction on behalf of the automated recycling kiosk operator or the initials or a unique identifying number of the individual, if the automated recycling kiosk maintains a record of the initials or unique identifying number of the individual; (f) the amount paid for each wireless communication device; and (g) subject to Subsection (4), an accurate description of each wireless communication device, including any: (i) names, brand names, numbers, serial numbers, IMEI numbers, model numbers, color, manufacturers' names, and size; (ii) other marks of identification or indicia of ownership on the wireless communication device; and (iii) other unique identifying characteristics. (2) A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110. (3) The division shall establish standards and criteria for fingerprint legibility by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (4) If an automated recycling kiosk cannot electronically extract a wireless communication device's serial number or IMEI number from the wireless communication device at the time of the transaction: (a) the automated recycling kiosk operator may not pay the seller more than $25 for the wireless communication device; (b) the automated recycling kiosk operator shall engage in and document reasonable efforts to obtain and upload to the central database the wireless communication device's serial number and IMEI number within 15 calendar days of the date of the transaction; and (c) the central database information for the wireless communication device may not be considered submitted for purposes of Subsection 13-32a-109(1)(b) until the earlier of when: (i) the wireless communication device's serial number and IMEI number have both been uploaded to the central database; or (ii) more than 45 calendar days have passed since the date of the transaction. (5) An automated recycling kiosk operator may not purchase more than 10 wireless communication devices with serial numbers or IMEI numbers that cannot be electronically extracted by an automated recycling kiosk at the time of the transaction from the same individual during the same calendar year. (6) An automated recycling kiosk operator may only purchase a wireless communication device with serial numbers or IMEI numbers that cannot be electronically extracted by an automated recycling kiosk at the time of the transaction in a single-item transaction.
Utah Code § 13-11-22 — Utah Code / Title 13 / Chapter 13-11 / § 13-11-22
§ 13-11-22. Exemptions from application of act.
Status: in_force

(1) This act does not apply to: (a) an act or practice required or specifically permitted by or under state or federal law; (b) a publisher, broadcaster, printer, or other person engaged in the dissemination of information or the reproduction of printed or pictorial matter so far as the information or matter has been disseminated or reproduced on behalf of others without actual knowledge that it violated this act; (c) claim for personal injury or death or claim for damage to property other than the property that is the subject of the consumer transaction; (d) credit terms of a transaction otherwise subject to this act; or (e) any public utility subject to the regulating jurisdiction of the Public Service Commission of the state of Utah. (2) A person alleged to have violated this act has the burden of showing the applicability of this section.
Utah Code § 13-60-104 — Utah Code / Title 13 / Chapter 13-60 / § 13-60-104
§ 13-60-104. Consumer genetic information -- Privacy notice -- Consent -- Access -- Deletion -- Destruction.
Status: in_force

(1) A direct-to-consumer genetic testing company shall: (a) provide to a consumer: (i) essential information about the company's collection, use, and disclosure of genetic data; and (ii) a prominent, publicly available privacy notice that includes information about the company's data collection, consent, use, access, disclosure, transfer, security, retention, and deletion practices; (b) obtain a consumer's initial express consent for collection, use, or disclosure of the consumer's genetic data that: (i) clearly describes the company's use of the genetic data that the company collects through the company's genetic testing product or service; (ii) specifies who has access to test results; and (iii) specifies how the company may share the genetic data; (c) if the company engages in any of the following, obtain a consumer's: (i) separate express consent for: (A) the transfer or disclosure of the consumer's genetic data to any person other than the company's vendors and service providers; (B) the use of genetic data beyond the primary purpose of the company's genetic testing product or service; or (C) the company's retention of any biological sample provided by the consumer following the company's completion of the initial testing service requested by the consumer; (ii) informed consent in accordance with the Federal Policy for the Protection of Human Subjects, 45 C.F.R. Part 46, for transfer or disclosure of the consumer's genetic data to a third party for: (A) research purposes; or (B) research conducted under the control of the company for the purpose of publication or generalizable knowledge; and (iii) express consent for: (A) marketing to a consumer based on the consumer's genetic data; or (B) marketing by a third party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service; (d) require valid legal process for the company's disclosure of a consumer's genetic data to law enforcement or any government entity without the consumer's express written consent; (e) develop, implement, and maintain a comprehensive security program to protect a consumer's genetic data against unauthorized access, use, or disclosure; and (f) provide a process for a consumer to: (i) access the consumer's genetic data; (ii) delete the consumer's account and genetic data; and (iii) destroy the consumer's biological sample. (2) Notwithstanding Subsection (1)(c)(iii), a direct-to-consumer genetic testing company with a first-party relationship to a consumer may, without obtaining the consumer's express consent, provide customized content or offers on the company's website or through the company's application or service.
Utah Code § 13-24-3 — Utah Code / Title 13 / Chapter 13-24 / § 13-24-3
§ 13-24-3. Injunctive relief.
Status: in_force

(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation. (2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. (3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Utah Code § 13-2-102 — Utah Code / Title 13 / Chapter 13-2 / § 13-2-102
§ 13-2-102. Consumer protection division established -- Functions.
Status: in_force

1/1/2027 (1) There is established within the Department of Commerce the Division of Consumer Protection. (2) The division shall administer and enforce the following: (a) Chapter 10a, Music Licensing Practices Act; (b) Chapter 11, Utah Consumer Sales Practices Act; (c) Chapter 15, Business Opportunity Disclosure Act; (d) Chapter 20, New Motor Vehicle Warranties Act; (e) Chapter 21, Credit Services Organizations Act; (f) Chapter 22, Charitable Solicitations Act; (g) Chapter 23, Fitness Center Services Protection Act; (h) Chapter 25a, Telephone and Facsimile Solicitation Act; (i) Chapter 26, Telephone Fraud Prevention Act; (j) Chapter 28, Prize Notices Regulation Act; (k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act; (l) Chapter 34, Utah Postsecondary School and State Authorization Act; (m) Chapter 41, Price Controls During Emergencies Act; (n) Chapter 42, Uniform Debt-Management Services Act; (o) Chapter 49, Immigration Consultants Registration Act; (p) Chapter 51, Transportation Network Company Registration Act; (q) Chapter 52, Residential Solar Energy Consumer Protection Act; (r) Chapter 53, Residential, Vocational and Life Skills Program Act; (s) Chapter 54, Ticket Website Sales Act; (t) Chapter 56, Ticket Transferability Act; (u) Chapter 57, Maintenance Funding Practices Act; (v) Chapter 61, Utah Consumer Privacy Act; (w) Chapter 64, Vehicle Value Protection Agreement Act; (x) Chapter 65, Utah Commercial Email Act; (y) Chapter 67, Online Dating Safety Act; (z) Chapter 68, Lawyer Referral Consultants Registration Act; (aa) Chapter 70, Automatic Renewal Contracts Act; (bb) Chapter 71, Utah Minor Protection in Social Media Act; (cc) Chapter 72a, Artificial Intelligence Applications Relating to Mental Health; (dd) Chapter 72c, Digital Content Provenance Standards Act; (ee) Chapter 77, Generative Artificial Intelligence - Consumer Disclosures and Enforcement; (ff) Chapter 78, Earned Wage Access Services Act; (gg) Title 78B, Chapter 3, Part 10, Liability for Publishers and Distributors of Material Harmful to Minors; (hh) Chapter 81, Utah Digital Choice Act; (ii) Chapter 82, Feminine Hygiene Products; (jj) Chapter 83, Virtual Currency Kiosk Regulation; and (kk) Title 78B, Chapter 3, Part 10, Liability for Publishers and Distributors of Material Harmful to Minors. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules to establish: (a) a public list that identifies a person that: (i) violates a chapter or section described in Subsection (2); (ii) without proper legal justification, fails to comply with an order, subpoena, judgment, or other legal process issued by: (A) the division; or (B) a court of competent jurisdiction; or (iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument signed by the person and the division; and (b) a process by which a person may be removed from the list the division establishes as described in Subsection (3)(a).1/1/2027 (1) There is established within the Department of Commerce the Division of Consumer Protection. (2) The division shall administer and enforce the following: (a) Chapter 10a, Music Licensing Practices Act; (b) Chapter 11, Utah Consumer Sales Practices Act; (c) Chapter 15, Business Opportunity Disclosure Act; (d) Chapter 20, New Motor Vehicle Warranties Act; (e) Chapter 21, Credit Services Organizations Act; (f) Chapter 22, Charitable Solicitations Act; (g) Chapter 23, Fitness Center Services Protection Act; (h) Chapter 25a, Telephone and Facsimile Solicitation Act; (i) Chapter 26, Telephone Fraud Prevention Act; (j) Chapter 28, Prize Notices Regulation Act; (k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act; (l) Chapter 34, Utah Postsecondary School and State Authorization Act; (m) Chapter 41, Price Controls During Emergencies Act; (n) Chapter 42, Uniform Debt-Management Services Act; (o) Chapter 49, Immigration Consultants Registration Act; (p) Chapter 51, Transportation Network Company Registration Act; (q) Chapter 52, Residential Solar Energy Consumer Protection Act; (r) Chapter 53, Residential, Vocational and Life Skills Program Act; (s) Chapter 54, Ticket Website Sales Act; (t) Chapter 56, Ticket Transferability Act; (u) Chapter 57, Maintenance Funding Practices Act; (v) Chapter 61, Utah Consumer Privacy Act; (w) Chapter 64, Vehicle Value Protection Agreement Act; (x) Chapter 65, Utah Commercial Email Act; (y) Chapter 67, Online Dating Safety Act; (z) Chapter 68, Lawyer Referral Consultants Registration Act; (aa) Chapter 70, Automatic Renewal Contracts Act; (bb) Chapter 71, Utah Minor Protection in Social Media Act; (cc) Chapter 72a, Artificial Intelligence Applications Relating to Mental Health; (dd) Chapter 72c, Digital Content Provenance Standards Act; (ee) Chapter 77, Generative Artificial Intelligence - Consumer Disclosures and Enforcement; (ff) Chapter 78, Earned Wage Access Services Act; (gg) Title 78B, Chapter 3, Part 10, Liability for Publishers and Distributors of Material Harmful to Minors; (hh) Chapter 81, Utah Digital Choice Act; (ii) Chapter 82, Feminine Hygiene Products; (jj) Chapter 83, Virtual Currency Kiosk Regulation; and (kk) Title 78B, Chapter 3, Part 10, Liability for Publishers and Distributors of Material Harmful to Minors. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules to establish: (a) a public list that identifies a person that: (i) violates a chapter or section described in Subsection (2); (ii) without proper legal justification, fails to comply with an order, subpoena, judgment, or other legal process issued by: (A) the division; or (B) a court of competent jurisdiction; or (iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument signed by the person and the division; and (b) a process by which a person may be removed from the list the division establishes as described in Subsection (3)(a).1/1/2027 (1) There is established within the Department of Commerce the Division of Consumer Protection. (2) The division shall administer and enforce the following: (a) Chapter 10a, Music Licensing Practices Act; (b) Chapter 11, Utah Consumer Sales Practices Act; (c) Chapter 15, Business Opportunity Disclosure Act; (d) Chapter 20, New Motor Vehicle Warranties Act; (e) Chapter 21, Credit Services Organizations Act; (f) Chapter 22, Charitable Solicitations Act; (g) Chapter 23, Fitness Center Services Protection Act; (h) Chapter 25a, Telephone and Facsimile Solicitation Act; (i) Chapter 26, Telephone Fraud Prevention Act; (j) Chapter 28, Prize Notices Regulation Act; (k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act; (l) Chapter 34, Utah Postsecondary School and State Authorization Act; (m) Chapter 41, Price Controls During Emergencies Act; (n) Chapter 42, Uniform Debt-Management Services Act; (o) Chapter 49, Immigration Consultants Registration Act; (p) Chapter 51, Transportation Network Company Registration Act; (q) Chapter 52, Residential Solar Energy Consumer Protection Act; (r) Chapter 53, Residential, Vocational and Life Skills Program Act; (s) Chapter 54, Ticket Website Sales Act; (t) Chapter 56, Ticket Transferability Act; (u) Chapter 57, Maintenance Funding Practices Act; (v) Chapter 61, Utah Consumer Privacy Act; (w) Chapter 64, Vehicle Value Protection Agreement Act; (x) Chapter 65, Utah Commercial Email Act; (y) Chapter 67, Online Dating Safety Act; (z) Chapter 68, Lawyer Referral Consultants Registration Act; (aa) Chapter 70, Automatic Renewal Contracts Act; (bb) Chapter 71, Utah Minor Protection in Social Media Act; (cc) Chapter 72a, Artificial Intelligence Applications Relating to Mental Health; (dd) Chapter 72c, Digital Content Provenance Standards Act; (ee) Chapter 77, Generative Artificial Intelligence - Consumer Disclosures and Enforcement; (ff) Chapter 78, Earned Wage Access Services Act; (gg) Title 78B, Chapter 3, Part 10, Liability for Publishers and Distributors of Material Harmful to Minors; (hh) Chapter 81, Utah Digital Choice Act; (ii) Chapter 82, Feminine Hygiene Products; (jj) Chapter 83, Virtual Currency Kiosk Regulation; and (kk) Title 78B, Chapter 3, Part 10, Liability for Publishers and Distributors of Material Harmful to Minors. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules to establish: (a) a public list that identifies a person that: (i) violates a chapter or section described in Subsection (2); (ii) without proper legal justification, fails to comply with an order, subpoena, judgment, or other legal process issued by: (A) the division; or (B) a court of competent jurisdiction; or (iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument signed by the person and the division; and (b) a process by which a person may be removed from the list the division establishes as described in Subsection (3)(a).
Utah Code § 13-7-2 — Utah Code / Title 13 / Chapter 13-7 / § 13-7-2
§ 13-7-2. Definitions.
Status: in_force

As used in this chapter: (1) "Enterprise regulated by the state" means: (a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code; (b) a place of business that sells an alcoholic product at retail as provided in Title 32B, Alcoholic Beverage Control Act; (c) an insurer regulated by Title 31A, Insurance Code; and (d) a public utility subject to regulation under Title 54, Public Utilities. (2) "Person" includes an individual, partnership, association, organization, corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver, and other organized groups of persons. (3) (a) "Place of public accommodation" includes: (i) every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge, except, an establishment that is: (A) located within a building that contains not more than five rooms for rent or hire; and (B) actually occupied by the proprietor of the establishment as the proprietor's residence; and (ii) a place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously if the place, establishment, or facility receives any substantial governmental subsidy or support. (b) "Place of public accommodation" does not include an institution, church, apartment house, club, or place of accommodation that is in nature distinctly private except to the extent that the institution, church, apartment house, club, or place of accommodation is open to the public. (4) "Pregnancy" includes pregnancy or a pregnancy-related condition. (5) "Pregnancy-related condition" includes breastfeeding, lactation, or a medical condition related to breastfeeding.
Utah Code § 13-28-6 — Utah Code / Title 13 / Chapter 13-28 / § 13-28-6
§ 13-28-6. Prize awards -- Options if unavailable.
Status: in_force

(1) A solicitor who represents to an individual in a written prize notice that the individual has been awarded a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one of the following items selected by the individual: (a) any other prize listed in the written prize notice that is available and that is of equal or greater value; (b) the verifiable retail value of the prize in the form of cash, a money order, or a certified check; or (c) a voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the individual within 30 days at no cost to the individual. (2) If a voucher, certificate, or other evidence of obligation delivered under Subsection (1)(c) is not honored within 30 days, the solicitor shall deliver to the individual the verifiable retail value of the prize in the form of cash, a money order, or a certified check. The sponsor shall make the payment to the individual if the solicitor fails to do so.
Utah Code § 13-42-135 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-135
§ 13-42-135. Private enforcement.
Status: in_force

(1) If an individual voids an agreement in accordance with Subsection 13-42-125(2), the individual may recover in a civil action all money paid or deposited by or on behalf of the individual in accordance with the agreement, except amounts paid to a creditor, in addition to the recovery under Subsections (3)(c) and (d). (2) If an individual voids an agreement in accordance with Subsection 13-42-125(1), the individual may recover in a civil action three times the total amount of the fees, charges, money, and payments the individual makes to the provider, in addition to the recovery under Subsection (3)(d). (3) Subject to Subsection (4), an individual with respect to whom a provider or other person violates this chapter may recover in a civil action from the provider, the person, and any person that causes the violation: (a) compensatory damages for injury, including noneconomic injury, caused by the violation; (b) except as otherwise provided in Subsection (4) and subject to adjustment of the dollar amount in accordance with Subsection 13-42-132(6), with respect to a violation of Section 13-42-117, 13-42-119, 13-42-120, 13-42-121, 13-42-122, 13-42-123, 13-42-124, 13-42-126, or 13-42-127, or Subsection 13-42-128(1), (2), or (4), the greater of the amount recoverable under Subsection (3)(a) or $5,000; (c) punitive damages; and (d) reasonable attorney fees and costs. (4) In a class action, except for a violation of Subsection 13-42-128(1)(f), the minimum damages provided in Subsection (3)(b) do not apply. (5) (a) A provider is not liable under this section for a violation of this chapter if the provider proves that the violation was not intentional and resulted from a good-faith error notwithstanding the maintenance of procedures the provider reasonably adopts to avoid the error. (b) An error of legal judgment with respect to a provider's obligations under this chapter is not a good-faith error as described in this Subsection (5). (c) If, in connection with a violation, the provider receives more money than authorized by an agreement or this chapter, the defense provided by this Subsection (5) is not available unless the provider refunds the excess no later than two business days after the day on which the provider learns of the violation. (6) The division shall assist an individual in enforcing a judgment against the surety bond or other security provided under Section 13-42-113 or 13-42-114.
Utah Code § 13-10-6 — Utah Code / Title 13 / Chapter 13-10 / § 13-10-6
§ 13-10-6. Violation a misdemeanor.
Status: in_force

Each violation of Section 13-10-4 is a class B misdemeanor.
Utah Code § 13-35-306 — Utah Code / Title 13 / Chapter 13-35 / § 13-35-306
§ 13-35-306. Evidence to be considered in determining cause to relocate existing franchisee or establish a new franchised dealership.
Status: in_force

In determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for the same line-make in a given relevant market area, the executive director shall consider: (1) the amount of business transacted by other franchisees of the same line-make in that relevant market area, as compared to business available to the franchisees; (2) the investment necessarily made and obligations incurred by other franchisees of the same line-make in that relevant market area in the performance of their part of their franchisee agreements; (3) the permanency of the existing and proposed investment; (4) whether it is injurious or beneficial to the public welfare or public interest for an additional franchise to be established; and (5) whether the franchisees of the same line-make in that relevant market area are providing adequate service to consumers for the powersport vehicles of the line-make, which shall include the adequacy of: (a) the powersport vehicle sale and service facilities; (b) equipment; (c) supply of vehicle parts; and (d) qualified service personnel.
Utah Code § 13-67-105 — Utah Code / Title 13 / Chapter 13-67 / § 13-67-105
§ 13-67-105. Fraud ban notification.
Status: in_force

(1) An online dating service provider shall provide to a Utah member a fraud ban notification if the Utah member has received and responded to a message from a banned member. (2) A fraud ban notification under Subsection (1) shall include: (a) to the extent permitted by law, the banned member's username, identification number, or other profile identifier; (b) a statement that the banned member may have been using a false identity or attempting to defraud members; (c) a statement that a member should not send money or personal financial information to another member; and (d) an online link to information regarding ways to avoid online fraud or being defrauded by a member of an online dating service. (3) A fraud ban notification under Subsection (1) shall be: (a) clear and conspicuous; (b) sent by email, text message, or other appropriate means of communication consented to by the Utah member; and (c) (i) except as provided in Subsection (3)(c)(ii), sent within 24 hours after a fraud ban is initiated against a banned member; or (ii) sent within three days after the day on which a fraud ban is initiated against a banned member if, in the judgment of the online dating service provider, the circumstances require the fraud ban notification be sent after the 24-hour period. (4) Except as provided in Section 13-67-106, an online dating service provider or an online dating service provider's employees and agents who are acting in good faith and in compliance with this section are not liable to a person based on: (a) the means of communication used to issue a fraud ban notification to a Utah member under this section; (b) the timing of a fraud ban notification sent to a Utah member under this section; or (c) the disclosure of information in a fraud ban notification under this section, including: (i) information that a member is a banned member or the subject of a fraud ban; (ii) the banned member's username, identification number, or other profile identifier; or (iii) the reason that the online dating service provider initiated the fraud ban of the banned member.
Utah Code § 13-10-8 — Utah Code / Title 13 / Chapter 13-10 / § 13-10-8
§ 13-10-8. Failure to disclose the origin of a recording -- Penalty.
Status: in_force

(1) For purposes of this section "recording" means: (a) a tangible medium on which sounds or images are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other similar medium; or (b) a copy or reproduction that duplicates the original in whole or in part. (2) A person is guilty of failure to disclose the origin of a recording if: (a) the person commits any of the following acts for commercial advantage or private financial gain: (i) offers a recording for sale, resale, or rent; (ii) sells, resells, rents, leases, or lends a recording; or (iii) possesses a recording for any of the purposes described in Subsection (2)(a)(i) or (ii); and (b) the person knows that the recording does not contain the true name and address of the manufacturer in a prominent place on its cover, jacket, or label. (3) A person who fails to disclose the origin of a recording under Subsection (2) is guilty of: (a) a felony of the third degree if the offense involves 100 or more recordings, or the commercial equivalent of 100 or more recordings, during a 180-day period or if the person has previously been convicted of a violation of this section; (b) a class A misdemeanor if the offense involves at least 10 recordings and fewer than 100 recordings, or the commercial equivalent of at least 10 recordings and fewer than 100 recordings, during a 180-day period; or (c) a class B misdemeanor if the offense involves fewer than 10 recordings or fewer than the commercial equivalent of 10 recordings. (4) In addition to the penalties provided in Subsection (3), a court may order a person who commits a violation of Subsection (2) to forfeit any recordings in the person's possession that served as the basis for the violation of Subsection (2).
Utah Code § 13-10-3 — Utah Code / Title 13 / Chapter 13-10 / § 13-10-3
§ 13-10-3. Definitions.
Status: in_force

As used in this chapter: (1) "Fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied in the recording or other tangible medium of expression is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. (2) "Owner" means the person, corporation, partnership, or business association who owns the sounds fixed in a master phonograph record, master disc, master wire, master tape, master film, or other device used for reproducing recorded sounds on phonograph records, discs, wires, tapes, films, or other articles or materials in which sound is recorded and from which the transferred recorded sounds are directly or indirectly derived.
Utah Code § 13-8-5 — Utah Code / Title 13 / Chapter 13-8 / § 13-8-5
§ 13-8-5. Definitions -- Limitation on retention proceeds withheld -- Deposit in interest-bearing escrow account -- Release of proceeds -- Payment to subcontractors -- Penalty -- No waiver.
Status: in_force

1/1/2027 (1) As used in this section: (a) (i) "Construction contract" means a written agreement between the parties relative to the design, construction, alteration, repair, or maintenance of a building, structure, highway, appurtenance, appliance, or other improvements to real property, including moving, demolition, and excavating for nonresidential commercial or industrial construction projects. (ii) If the construction contract is for construction of a project that is part residential and part nonresidential, this section applies only to that portion of the construction project that is nonresidential as determined pro rata based on the percentage of the total square footage of the project that is nonresidential. (b) (i) "Construction lender" means any person, including a bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, savings and loan association, credit union, cooperative bank, small loan company, sales finance company, investment company, or any other financial institution that advances money to a borrower for the purpose of making alterations or improvements to real property. (ii) A construction lender does not include a person or entity who is acting in the capacity of contractor, original contractor, or subcontractor. (c) "Construction project" means an improvement to real property that is the subject of a construction contract. (d) "Contractor" means a person who, for compensation other than wages as an employee, undertakes any work in a construction trade, as defined in Section 58-55-101 and includes: (i) any person engaged as a maintenance person who regularly engages in activities set forth in Section 58-55-101 as a construction trade; or (ii) a construction manager who performs management and counseling services on a construction project for a fee. (e) "Original contractor" means the same as that term is defined in Section 38-1a-102. (f) (i) "Owner" means the person who holds any legal or equitable title or interest in property. (ii) "Owner" does not include a construction lender unless the construction lender has an ownership interest in the property other than solely as a construction lender. (g) "Public agency" means any state agency or a county, city, town, school district, special district, special service district, or other political subdivision of the state that enters into a construction contract for an improvement of public property. (h) "Retention payment" means release of retention proceeds as defined in Subsection (1)(i). (i) "Retention proceeds" means money earned by a contractor or subcontractor but retained by the owner or public agency pursuant to the terms of a construction contract to guarantee payment or performance by the contractor or subcontractor of the construction contract. (j) "Subcontractor" means the same as that term is defined in Section 38-1a-102. (2) (a) This section is applicable to all construction contracts relating to construction work or improvements entered into on or after July 1, 1999, between: (i) an owner or public agency and an original contractor; (ii) an original contractor and a subcontractor; and (iii) subcontractors under a contract described in Subsection (2)(a)(i) or (ii). (b) This section does not apply to a construction lender. (3) (a) Notwithstanding Section 58-55-209, the retention proceeds withheld and retained from any payment due under the terms of the construction contract may not exceed 5% of the payment: (i) by the owner or public agency to the original contractor; (ii) by the original contractor to any subcontractor; or (iii) by a subcontractor. (b) The total retention proceeds withheld may not exceed 5% of the total construction price. (c) The percentage of the retention proceeds withheld and retained pursuant to a construction contract between the original contractor and a subcontractor or between subcontractors shall be the same retention percentage as between the owner and the original contractor if: (i) the retention percentage in the original construction contract between an owner and the original contractor is less than 5%; or (ii) after the original construction contract is executed but before completion of the construction contract the retention percentage is reduced to less than 5%. (4) (a) If any payment on a contract with a private contractor, firm, or corporation to do work for an owner or public agency is retained or withheld by the owner or the public agency, as retention proceeds, it shall be placed in an interest-bearing account and accounted for separately from other amounts paid under the contract. (b) The interest accrued under Subsection (4)(a) shall be: (i) for the benefit of the contractor and subcontractors; and (ii) paid after the project is completed and accepted by the owner or the public agency. (c) The contractor shall ensure that any interest accrued on the retainage is distributed by the contractor to subcontractors on a pro rata basis. (d) Retention proceeds and accrued interest retained by an owner or public agency: (i) are considered to be in a constructive trust for the benefit of the contractor and subcontractors who have earned the proceeds; and (ii) are not subject to assignment, encumbrance, attachment, garnishment, or execution levy for the debt of any person holding the retention proceeds and accrued interest. (5) Any retention proceeds retained or withheld pursuant to this section and any accrued interest shall be released pursuant to a billing statement from the contractor within 45 days from the later of: (a) the date the owner or public agency receives the billing statement from the contractor; (b) the date that a certificate of occupancy or final acceptance notice is issued to: (i) the original contractor who obtained the building permit from the building inspector or public agency; (ii) the owner or architect; or (iii) the public agency; (c) the date that a public agency or building inspector that has the authority to issue a certificate of occupancy does not issue the certificate but permits partial or complete occupancy or use of a construction project; or (d) the date the contractor accepts the final pay quantities. (6) If only partial occupancy of a construction project is permitted, any retention proceeds withheld and retained pursuant to this section and any accrued interest shall be partially released within 45 days under the same conditions as provided in Subsection (5) in direct proportion to the value of the part of the construction project occupied or used. (7) The billing statement from the contractor as provided in Subsection (5)(a) shall include documentation of lien releases or waivers. (8) (a) Notwithstanding Subsection (3): (i) if a contractor or subcontractor is in default or breach of the terms and conditions of the construction contract documents, plans, or specifications governing construction of the project, the owner or public agency may withhold from payment for as long as reasonably necessary an amount necessary to cure the breach or default of the contractor or subcontractor; or (ii) if a project or a portion of the project has been substantially completed, the owner or public agency may retain until completion up to twice the fair market value of the work of the original contractor or of any subcontractor that has not been completed: (A) in accordance with the construction contract documents, plans, and specifications; or (B) in the absence of plans and specifications, to generally accepted craft standards. (b) An owner or public agency that refuses payment under Subsection (8)(a) shall describe in writing within 45 days of withholding such amounts what portion of the work was not completed according to the standards specified in Subsection (8)(a). (9) (a) Except as provided in Subsection (9)(b), an original contractor or subcontractor who receives retention proceeds shall pay each of its subcontractors from whom retention has been withheld each subcontractor's share of the retention received within 10 days from the day that all or any portion of the retention proceeds is received: (i) by the original contractor from the owner or public agency; or (ii) by the subcontractor from: (A) the original contractor; or (B) a subcontractor. (b) Notwithstanding Subsection (9)(a), if a retention payment received by the original contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor. (10) (a) In any action for the collection of the retained proceeds withheld and retained in violation of this section, the successful party is entitled to: (i) attorney fees; and (ii) other allowable costs. (b) (i) Any owner, public agency, original contractor, or subcontractor who knowingly and wrongfully withholds a retention shall be subject to a charge of 2% per month on the improperly withheld amount, in addition to any interest otherwise due. (ii) The charge described in Subsection (10)(b)(i) shall be paid to the contractor or subcontractor from whom the retention proceeds have been wrongfully withheld. (11) A party to a construction contract may not require any other party to waive any provision of this section.1/1/2027 (1) As used in this section: (a) (i) "Construction contract" means a written agreement between the parties relative to the design, construction, alteration, repair, or maintenance of a building, structure, highway, appurtenance, appliance, or other improvements to real property, including moving, demolition, and excavating for nonresidential commercial or industrial construction projects. (ii) If the construction contract is for construction of a project that is part residential and part nonresidential, this section applies only to that portion of the construction project that is nonresidential as determined pro rata based on the percentage of the total square footage of the project that is nonresidential. (b) (i) "Construction lender" means any person, including a bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, savings and loan association, credit union, cooperative bank, small loan company, sales finance company, investment company, or any other financial institution that advances money to a borrower for the purpose of making alterations or improvements to real property. (ii) A construction lender does not include a person or entity who is acting in the capacity of contractor, original contractor, or subcontractor. (c) "Construction project" means an improvement to real property that is the subject of a construction contract. (d) "Contractor" means a person who, for compensation other than wages as an employee, undertakes any work in a construction trade, as defined in Section 58-55-101 and includes: (i) any person engaged as a maintenance person who regularly engages in activities set forth in Section 58-55-101 as a construction trade; or (ii) a construction manager who performs management and counseling services on a construction project for a fee. (e) "Original contractor" means the same as that term is defined in Section 38-1a-102. (f) (i) "Owner" means the person who holds any legal or equitable title or interest in property. (ii) "Owner" does not include a construction lender unless the construction lender has an ownership interest in the property other than solely as a construction lender. (g) "Public agency" means any state agency or a county, city, town, school district, special district, special service district, or other political subdivision of the state that enters into a construction contract for an improvement of public property. (h) "Retention payment" means release of retention proceeds as defined in Subsection (1)(i). (i) "Retention proceeds" means money earned by a contractor or subcontractor but retained by the owner or public agency pursuant to the terms of a construction contract to guarantee payment or performance by the contractor or subcontractor of the construction contract. (j) "Subcontractor" means the same as that term is defined in Section 38-1a-102. (2) (a) This section is applicable to all construction contracts relating to construction work or improvements entered into on or after July 1, 1999, between: (i) an owner or public agency and an original contractor; (ii) an original contractor and a subcontractor; and (iii) subcontractors under a contract described in Subsection (2)(a)(i) or (ii). (b) This section does not apply to a construction lender. (3) (a) Notwithstanding Section 58-55-209, the retention proceeds withheld and retained from any payment due under the terms of the construction contract may not exceed 5% of the payment: (i) by the owner or public agency to the original contractor; (ii) by the original contractor to any subcontractor; or (iii) by a subcontractor. (b) The total retention proceeds withheld may not exceed 5% of the total construction price. (c) The percentage of the retention proceeds withheld and retained pursuant to a construction contract between the original contractor and a subcontractor or between subcontractors shall be the same retention percentage as between the owner and the original contractor if: (i) the retention percentage in the original construction contract between an owner and the original contractor is less than 5%; or (ii) after the original construction contract is executed but before completion of the construction contract the retention percentage is reduced to less than 5%. (4) (a) If any payment on a contract with a private contractor, firm, or corporation to do work for an owner or public agency is retained or withheld by the owner or the public agency, as retention proceeds, it shall be placed in an interest-bearing account and accounted for separately from other amounts paid under the contract. (b) The interest accrued under Subsection (4)(a) shall be: (i) for the benefit of the contractor and subcontractors; and (ii) paid after the project is completed and accepted by the owner or the public agency. (c) The contractor shall ensure that any interest accrued on the retainage is distributed by the contractor to subcontractors on a pro rata basis. (d) Retention proceeds and accrued interest retained by an owner or public agency: (i) are considered to be in a constructive trust for the benefit of the contractor and subcontractors who have earned the proceeds; and (ii) are not subject to assignment, encumbrance, attachment, garnishment, or execution levy for the debt of any person holding the retention proceeds and accrued interest. (5) Any retention proceeds retained or withheld pursuant to this section and any accrued interest shall be released pursuant to a billing statement from the contractor within 45 days from the later of: (a) the date the owner or public agency receives the billing statement from the contractor; (b) the date that a certificate of occupancy or final acceptance notice is issued to: (i) the original contractor who obtained the building permit from the building inspector or public agency; (ii) the owner or architect; or (iii) the public agency; (c) the date that a public agency or building inspector that has the authority to issue a certificate of occupancy does not issue the certificate but permits partial or complete occupancy or use of a construction project; or (d) the date the contractor accepts the final pay quantities. (6) If only partial occupancy of a construction project is permitted, any retention proceeds withheld and retained pursuant to this section and any accrued interest shall be partially released within 45 days under the same conditions as provided in Subsection (5) in direct proportion to the value of the part of the construction project occupied or used. (7) The billing statement from the contractor as provided in Subsection (5)(a) shall include documentation of lien releases or waivers. (8) (a) Notwithstanding Subsection (3): (i) if a contractor or subcontractor is in default or breach of the terms and conditions of the construction contract documents, plans, or specifications governing construction of the project, the owner or public agency may withhold from payment for as long as reasonably necessary an amount necessary to cure the breach or default of the contractor or subcontractor; or (ii) if a project or a portion of the project has been substantially completed, the owner or public agency may retain until completion up to twice the fair market value of the work of the original contractor or of any subcontractor that has not been completed: (A) in accordance with the construction contract documents, plans, and specifications; or (B) in the absence of plans and specifications, to generally accepted craft standards. (b) An owner or public agency that refuses payment under Subsection (8)(a) shall describe in writing within 45 days of withholding such amounts what portion of the work was not completed according to the standards specified in Subsection (8)(a). (9) (a) Except as provided in Subsection (9)(b), an original contractor or subcontractor who receives retention proceeds shall pay each of its subcontractors from whom retention has been withheld each subcontractor's share of the retention received within 10 days from the day that all or any portion of the retention proceeds is received: (i) by the original contractor from the owner or public agency; or (ii) by the subcontractor from: (A) the original contractor; or (B) a subcontractor. (b) Notwithstanding Subsection (9)(a), if a retention payment received by the original contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor. (10) (a) In any action for the collection of the retained proceeds withheld and retained in violation of this section, the successful party is entitled to: (i) attorney fees; and (ii) other allowable costs. (b) (i) Any owner, public agency, original contractor, or subcontractor who knowingly and wrongfully withholds a retention shall be subject to a charge of 2% per month on the improperly withheld amount, in addition to any interest otherwise due. (ii) The charge described in Subsection (10)(b)(i) shall be paid to the contractor or subcontractor from whom the retention proceeds have been wrongfully withheld. (11) A party to a construction contract may not require any other party to waive any provision of this section.
Utah Code § 13-34-110 — Utah Code / Title 13 / Chapter 13-34 / § 13-34-110
§ 13-34-110. Requirement to provide official transcript and diploma to a student.
Status: in_force

(1) A postsecondary school shall provide an official transcript or diploma to a student within 60 days of receiving a request from the student or the student's authorized representative. (2) A postsecondary school may charge a reasonable fee to provide a transcript or diploma as described in Subsection (1).
Utah Code § 13-77-103 — Utah Code / Title 13 / Chapter 13-77 / § 13-77-103
§ 13-77-103. Required disclosures.
Status: in_force

(1) (a) A supplier that uses generative artificial intelligence to interact with an individual in connection with a consumer transaction shall disclose to the individual that the individual is interacting with generative artificial intelligence and not a human, if the individual asks or otherwise prompts the supplier about whether artificial intelligence is being used. (b) The individual's prompt or question under Subsection (1)(a) must be a clear and unambiguous request to determine whether the interaction is with a human or with artificial intelligence. (2) An individual providing services in a regulated occupation shall: (a) prominently disclose when an individual receiving services is interacting with generative artificial intelligence in the provision of regulated services if the use of generative artificial intelligence constitutes a high-risk artificial intelligence interaction; and (b) comply with all requirements of the regulated occupation when providing services through generative artificial intelligence. (3) A disclosure required under Subsection (2) shall be provided: (a) verbally at the start of a verbal interaction; and (b) in writing before the start of a written interaction.
Utah Code § 13-76-403 — Utah Code / Title 13 / Chapter 13-76 / § 13-76-403
§ 13-76-403. 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.
Utah Code § 13-60-206 — Utah Code / Title 13 / Chapter 13-60 / § 13-60-206
§ 13-60-206. Private right of action.
Status: in_force

(1) (a) An individual whose legal rights arising under this part have been violated after June 30, 2003, may recover damages and be granted equitable relief in a civil action. (b) Subsection (1)(a) does not create a legal right prior to the Legislature enacting the right under this part. (2) Any insurance company or employer who violates the legal rights of an individual arising from this part shall be liable to the individual for each separate violation in an amount equal to: (a) actual damages sustained as a result of the violation; (b) (i) $100,000 if the violation is the result of an intentional and willful act; or (ii) punitive damages if the violation is the result of a malicious act; and (c) reasonable attorneys' fees.
Utah Code § 13-25a-107 — Utah Code / Title 13 / Chapter 13-25a / § 13-25a-107
§ 13-25a-107. Private action.
Status: in_force

(1) In addition to any other remedies, a person may bring an action in any state court of competent jurisdiction if: (a) (i) the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that: (A) violates this chapter; or (B) violates Title 47 U.S.C. 227; and (ii) the person, following the first telephone solicitation or facsimile advertisement, notified the sender of the person's objection to receiving the telephone solicitation or facsimile advertisement; or (b) the person has received one telephone solicitation or facsimile advertisement in violation of: (i) Subsection 13-25a-103(1); (ii) Subsection 13-25a-103(3); (iii) Subsection 13-25a-103(5); (iv) Subsection 13-25a-103(6); or (v) Subsection 13-25a-104(1). (2) In a suit brought under Subsection (1): (a) a person may: (i) recover the greater of $500 or the amount of the pecuniary loss, if any; (ii) recover court costs and reasonable attorneys' fees as determined by the court; and (iii) seek to enjoin any conduct in violation of this chapter; and (b) if the court finds that a violation was knowing and willful: (i) the court may award an individual treble the amount of the individual's pecuniary loss; or (ii) the court may award an individual the greater of $1,000 or treble the amount of the individual's pecuniary loss if: (A) the individual who received the solicitation is an on-call emergency provider; (B) the individual was on call at the time the violation occurred; and (C) the individual had notified the sender that the individual is an on-call emergency provider.
Utah Code § 13-10-7 — Utah Code / Title 13 / Chapter 13-10 / § 13-10-7
§ 13-10-7. Application of provisions.
Status: in_force

Sections 13-10-1 through 13-10-6 apply only to recorded sounds that were initially fixed before February 15, 1972.
Utah Code § 13-74-301 — Utah Code / Title 13 / Chapter 13-74 / § 13-74-301
§ 13-74-301. Enforcement powers of the attorney general.
Status: in_force

(1) (a) The attorney general has the sole authority to enforce the provisions of this chapter. (b) Nothing in this chapter creates a private right of action. (2) (a) If a person believes that a financial entity violated or is in violation of this chapter, the person may file a complaint with the attorney general. (b) Upon receipt of a complaint, the attorney general shall initiate an investigation. (3) If, based on investigation, the attorney general believes that a financial entity violated or is in violation of this chapter, the attorney general shall send the financial entity written notice that identifies each violation and directs the financial entity to cease each violation within 30 days after the day on which the financial entity receives the notice. (4) (a) The attorney general shall initiate a civil action against a financial entity that fails to cease a violation of this chapter within the 30-day time period described in Subsection (3). (b) In an action under this subsection, the attorney general may seek, and the court may order: (i) injunctive relief; (ii) (A) if the court determines that the financial entity recklessly violated a provision of this chapter, a civil fine of $10,000 for each violation or actual damages, whichever is greater; or (B) if the court determines that the financial entity willfully violated a provision of this chapter, a civil fine of $25,000 for each violation or actual damages, whichever is greater; and (iii) costs and reasonable attorney fees to the attorney general if the court issues an injunction or imposes a civil fine.
Utah Code § 13-52-205 — Utah Code / Title 13 / Chapter 13-52 / § 13-52-205
§ 13-52-205. Contents of disclosure statement for power purchase agreement.
Status: in_force

If a solar retailer is proposing to enter a power 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 power from an energy generation system. You will not own the system installed on your property. You will not be entitled to any federal tax credit associated with the purchase."; (2) information about whether the power purchase agreement may be transferred to a purchaser of the home or real property where the system is located and, if so, any conditions for a transfer; (3) if the solar retailer will not obtain insurance against damage or loss to the system, a statement to that effect and a description of the consequences to the customer if there is damage or loss to the system; and (4) information about what will happen to the system at the end of the term of the power purchase agreement.
Utah Code § 13-42-121 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-121
§ 13-42-121. Required language.
Status: in_force

(1) Unless the division, by rule, provides otherwise, the disclosures and documents required by this chapter shall be in English. (2) If a provider communicates with an individual primarily in a language other than English, the provider shall furnish a translation in the other language of the disclosures and documents required by this chapter.
Utah Code § 13-19-4 — Utah Code / Title 13 / Chapter 13-19 / § 13-19-4
§ 13-19-4. Exemption.
Status: in_force

Exempted under this act are nonprofit charitable organizations.
Utah Code § 13-42-111 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-111
§ 13-42-111. Renewal of registration.
Status: in_force

(1) A provider shall obtain a renewal of the provider's registration annually. (2) To obtain a renewal of the provider's registration a provider shall: (a) submit an application for renewal of registration as a provider in a form the division approves; (b) sign the application for renewal under penalty of perjury; (c) file the application for renewal no fewer than 30 days and no more than 60 days before the day on which the provider's current registration expires; (d) accompany the application for renewal with: (i) the fee the division establishes in accordance with Section 63J-1-504; and (ii) the bond required by Section 13-42-113; (e) include in the application for renewal of registration: (i) the information required for initial registration as a provider by Subsections 13-42-106(8) and (9); and (ii) a financial statement, audited by an accountant licensed to conduct audits, for the applicant's fiscal year immediately preceding the day on which the applicant submits the application for renewal; (f) disclose in the application for renewal any change in the information contained in the applicant's application for registration or the applicant's immediately previous application for renewal, if applicable; and (g) in the application for renewal: (i) supply evidence of insurance in an amount equal to the larger of $250,000 or the highest daily balance in the trust account required by Section 13-42-122 during the six-month period immediately before the day on which the provider submits the application for renewal: (A) against risks of dishonesty, fraud, theft, and other misconduct on the part of the applicant or a director, employee, or agent of the applicant; (B) 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 approved by the division; (C) with a deductible not exceeding $5,000; (D) payable to the applicant and this state for the benefit of the residents of this state, as their interests may appear; and (E) not subject to cancellation by the applicant or the insurer until 60 days after the day on which written notice has been given to the division; (ii) disclose the total amount of money received by the applicant in accordance with plans during the preceding 12 months from or on behalf of individuals who reside in this state and the total amount of money distributed to creditors of those individuals during that period; (iii) disclose, to the best of the applicant's knowledge, the gross amount of money accumulated during the preceding 12 months in accordance with plans by or on behalf of individuals who reside in this state and with whom the applicant has agreements; and (iv) provide any other information that the division reasonably requires to perform the division's duties under this section. (3) Except for the information required by Subsections 13-42-106(7), (14), and (17) and the addresses required by Subsection 13-42-106(4), the division shall make the information in an application for renewal of registration as a provider available to the public. (4) If a registered provider files a timely and complete application for renewal of registration, the registration remains effective until the division, in a record, notifies the applicant of a denial and states the reasons for the denial. (5) (a) If the division denies an application for renewal of registration as a provider, the applicant, no later than 30 days after receiving notice of the denial, may appeal and request a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (b) Subject to Section 13-42-134, while the appeal is pending the applicant shall continue to provide debt-management services to individuals with whom the applicant has agreements. (c) If the denial is affirmed, subject to the division's order and Section 13-42-134, the applicant shall continue to provide debt-management services to individuals with whom the applicant has agreements until, with the approval of the division, the applicant transfers the agreements to another registered provider or returns to the individuals all unexpended money that is under the applicant's control. (6) (a) The division may waive or reduce the insurance requirement in Subsection (2)(g) 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 the provider may utilize 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 (6)(a) shall balance the reduction in risk posed by a provider that meets the stated requirements against any continued need for insurance against employee and director dishonesty.
Utah Code § 13-72b-205 — Utah Code / Title 13 / Chapter 13-72b / § 13-72b-205
§ 13-72b-205. Transparency and reporting requirements.
Status: in_force

1/1/2027 (1) A generation service shall take reasonable measures to inform users that: (a) distribution of non-consensual counterfeit intimate images is prohibited; (b) violations of this part may result in civil liability; and (c) the service provides procedures for reporting violations. (2) A generation service shall clearly and conspicuously provide to users procedures for reporting violations to the generation service. (3) A generation service shall publish in a clear and conspicuous location on the generation service's website or primary user interface: (a) the written policy required by Subsection 13-72b-203(1)(b); and (b) a general description of the safeguards implemented to prevent the generation of non-consensual counterfeit intimate images, which may describe technical measures in general terms without disclosing proprietary implementation details that could be exploited to circumvent the safeguards.
Utah Code § 13-83-105 — Utah Code / Title 13 / Chapter 13-83 / § 13-83-105
§ 13-83-105. Annual location reporting.
Status: in_force

(1) Each virtual currency kiosk operator shall submit to the division an annual report listing all virtual currency kiosk locations operated by the operator in this state. (2) The report described in Subsection (1) shall be: (a) filed in accordance with rules made by the division under Section 13-83-106; and (b) filed at least once per calendar year. (3) The report described in Subsection (1) shall include, for each virtual currency kiosk location: (a) the name of the business or establishment where the virtual currency kiosk is located; (b) the physical address of the location, including street address, city, and ZIP code; (c) the date on which the virtual currency kiosk began operation at that location; and (d) if applicable, the date on which the virtual currency kiosk ceased operation at that location. (4) In addition to the annual report required under Subsection (1), a virtual currency kiosk operator shall notify the division within 30 days after: (a) installing a new virtual currency kiosk at a location in this state; or (b) removing a virtual currency kiosk from a location in this state.
Utah Code § 13-82-201 — Utah Code / Title 13 / Chapter 13-82 / § 13-82-201
§ 13-82-201. Feminine hygiene products -- Labeling.
Status: in_force

(1) Beginning December 1, 2027, a manufacturer shall include a label on the package of the menstrual product manufactured on or after December 1, 2027, that lists each ingredient intentionally added. (2) (a) The label described in Subsection (1) shall: (i) except as provided in Subsection (2)(b), list each ingredient intentionally added in order of predominance by weight as a percentage of the weight of the menstrual product; (ii) be in a conspicuous location on the outside packaging of the menstrual product; and (iii) be in legible type. (b) If the weight of an ingredient intentionally added is less than 1% of the weight of the menstrual product, the ingredient intentionally added may be listed in any order following the other ingredients intentionally added listed as described in Subsection (2)(a). (3) Reasonable variations in the amount of an ingredient intentionally added in a menstrual product listed on the label as described in Subsection (2) is permitted. (4) Nothing in this section prohibits a manufacturer from using technology, including a link to an internet website, to provide the information required under Subsections (1) and (2). (5) (a) This section may not be construed to require a manufacturer to disclose confidential business information on the package of a menstrual product or on the manufacturer's website. (b) If an ingredient intentionally added is confidential business information, the ingredient intentionally added may be listed as described in this section by the common name of the ingredient intentionally added. (6) A manufacturer shall revise the list required under Subsection (1) no later than: (a) for a label on the package of a menstrual product, 18 months after the day on which an intentionally added ingredient is added or changed in the menstrual product; or (b) for a list of intentionally added ingredients using technology as described in Subsection (4), 6 months after the day on which an intentionally added ingredient is added or changed in the menstrual product.
Utah Code § 13-42-102 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-102
§ 13-42-102. Definitions.
Status: in_force

As used in this chapter: (1) "Affiliate": (a) with respect to an individual, means: (i) the spouse of the individual; (ii) a sibling of the individual or the spouse of a sibling; (iii) an individual or the spouse of an individual who is a lineal ancestor or lineal descendant of the individual or the individual's spouse; (iv) an aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew, whether related by the whole or the half blood or adoption, or the spouse of any of them; or (v) any other individual occupying the residence of the individual; and (b) with respect to an entity, means: (i) a person that directly or indirectly controls, is controlled by, or is under common control with the entity; (ii) an officer of, or an individual performing similar functions with respect to, the entity; (iii) a director of, or an individual performing similar functions with respect to, the entity; (iv) a person that receives or received more than $25,000 from the entity for debt management services in either the current year or the preceding year; (v) a person that owns more than 10% of, or an individual who is employed by or is a director of, a person that receives or received more than $25,000 from the entity for debt management services in either the current year or the preceding year; (vi) an officer or director of, or an individual performing similar functions with respect to, a person described in Subsection (1)(b)(i); (vii) the spouse of, or an individual occupying the residence of, an individual described in Subsections (1)(b)(i) through (vi); or (viii) an individual who has the relationship specified in Subsection (1)(a)(iv) or (v) to an individual or the spouse of an individual described in Subsections (1)(b)(i) through (vi). (2) "Agreement" means an agreement between a provider and an individual for the performance of debt-management services. (3) "Bank" means a financial institution, including a commercial bank, savings bank, savings and loan association, credit union, and trust company, engaged in the business of banking, chartered under federal or state law, and regulated by a federal or state banking regulatory authority. (4) "Business address" means the physical location of a business, including the name and number of a street. (5) "Certified counselor" means an individual certified by a training program or certifying organization, the division approves, that authenticates the competence of each individual providing education and assistance to other individuals in connection with debt-management services. (6) "Concessions" means assent to repayment of a debt on terms more favorable to an individual than the terms of the contract between the individual and a creditor. (7) "Day" means a calendar day. (8) "Debt-management services" means services as an intermediary between an individual and one or more creditors of the individual for the purpose of obtaining concessions, but does not include: (a) legal services an attorney provides in an attorney-client relationship if: (i) the attorney who provides the legal services: (A) is licensed or otherwise authorized to practice law in this state; and (B) provides legal services in representing the individual in the individual's relationship with a creditor; and (ii) there is no intermediary between the individual and the creditor other than the attorney or an individual under the direct supervision of the attorney; (b) accounting services a certified public accountant provides in an accountant-client relationship if: (i) the certified public accountant who provides the accounting services: (A) is licensed to provide accounting services in this state; and (B) provides accounting services in representing the individual in the individual's relationship with a creditor; and (ii) there is no intermediary between the individual and the creditor other than the accountant or an individual under the direct supervision of the accountant; or (c) financial-planning services a member of a financial-planning profession provides in a financial planner-client relationship if: (i) the division, by rule, determines that a member of that financial-planning profession is: (A) licensed by this state; (B) subject to a disciplinary mechanism; (C) subject to a code of professional responsibility; and (D) subject to a continuing education requirement; and (ii) there is no intermediary between the individual and the creditor other than the member of a financial-planning profession or an individual under the direct supervision of the member of a financial-planning profession. (9) "Division" means the Division of Consumer Protection established in Section 13-2-102. (10) "Entity" means a person other than an individual. (11) "Good faith" means honesty in fact and the observance of reasonable standards of fair dealing. (12) "Lead generator" means a person that, in the regular course of business: (a) supplies a provider with the name of a potential customer; (b) directs a communication of an individual to a provider; or (c) otherwise refers a customer to a provider. (13) (a) "Person" means: (i) an individual; (ii) a corporation; (iii) a business trust; (iv) an estate; (v) a trust; (vi) a partnership; (vii) a limited liability company; (viii) an association; (ix) a joint venture; or (x) any other legal or commercial entity. (b) "Person" does not include: (i) a public corporation; (ii) a government; or (iii) a governmental subdivision, agency, or instrumentality. (14) "Plan" means a program or strategy in which a provider furnishes debt-management services to an individual and which includes a schedule of payments to be made by or on behalf of the individual and used to pay debts owed by the individual. (15) "Principal amount of the debt" means the amount of a debt at the time of an agreement. (16) "Provider" means a person that provides, offers to provide, or agrees to provide debt-management services directly or through others. (17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (18) "Settlement fee" means a charge imposed on or paid by an individual in connection with a creditor's assent to accept in full satisfaction of a debt an amount less than the principal amount of the debt. (19) "Sign" means, with present intent to authenticate or adopt a record: (a) to execute or adopt a tangible symbol; or (b) to attach to or logically associate with the record an electronic sound, symbol, or process. (20) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (21) "Trust account" means an account held by a provider that is: (a) established in a bank in which deposit accounts are insured; (b) separate from other accounts of the provider or its designee; (c) designated as a trust account or other account designated to indicate that the money in the account is not the money of the provider or its designee; and (d) used to hold money of one or more individuals for disbursement to creditors of the individuals.
Utah Code § 13-32a-111 — Utah Code / Title 13 / Chapter 13-32a / § 13-32a-111
§ 13-32a-111. Fees to fund account.
Status: in_force

(1) (a) A pawn or secondhand business or catalytic converter purchaser in operation shall pay an annual fee of no more than $500, set in accordance with Section 63J-1-504. (b) A law enforcement agency within Utah that participates in the use of the central database shall pay an annual fee set in accordance with Section 63J-1-504. (c) A law enforcement agency outside Utah that requests access to the central database shall pay an annual fee set in accordance with Section 63J-1-504. (2) A fee paid under Subsection (1) shall be paid annually to the division on or before January 31. (3) A fee received by the division under this section shall be deposited into the account. (4) The division may only increase fees for a pawn or secondhand business or catalytic converter purchaser under Section 63J-1-504.
Utah Code § 13-43-203 — Utah Code / Title 13 / Chapter 13-43 / § 13-43-203
§ 13-43-203. Office of the Property Rights Ombudsman -- Duties.
Status: in_force

(1) The Office of the Property Rights Ombudsman shall: (a) develop and maintain expertise in and understanding of takings, eminent domain, and land use law; (b) clearly identify the specific information that is prepared for distribution to property owners whose land is being acquired under the provisions of Section 78B-6-505; (c) assist state agencies and local governments in developing the guidelines required by Title 63L, Chapter 4, Constitutional Takings Issues Act; (d) at the request of a state agency or local government, assist the state agency or local government, in analyzing actions with potential takings implications or other land use issues; (e) advise real property owners who: (i) have a legitimate potential or actual takings claim against a state or local government entity or have questions about takings, eminent domain, and land use law; or (ii) own a parcel of property that is landlocked, as to the owner's rights and options with respect to obtaining access to a public street; (f) identify state or local government actions that have potential takings implications and, if appropriate, advise those state or local government entities about those implications; (g) provide information to private citizens, civic groups, government entities, and other interested parties about takings, eminent domain, and land use law and their rights, including a right to just compensation, and responsibilities under the takings, eminent domain, or land use laws through seminars and publications, and by other appropriate means; (h) (i) provide, in a form that is easily accessible, the following information on the Office of the Property Rights Ombudsman's website: (A) the information described in Section 78B-6-505; (B) an explanation of the term, "fee simple title"; (C) an explanation of the implications for a property owner when fee simple title is taken through eminent domain; (D) an explanation that eminent domain may include taking a recorded interest held in real property, including a mineral right; (E) an explanation that a property owner may be compensated for a recorded interest in real property, including a mineral right; and (F) an explanation that a property owner can request a separate valuation for a recorded interest in real property; and (ii) ensure that the information described in Subsection (1)(h)(i) is current; and (i) (i) provide education and training regarding: (A) the drafting and application of land use laws and regulations; and (B) land use dispute resolution; and (ii) use any money transmitted in accordance with Subsection 15A-1-209(5) to pay for any expenses required to provide the education and training described in Subsection (1)(i)(i), including grants to a land use training organization that: (A) the Land Use and Eminent Domain Advisory Board, created in Section 13-43-202, selects and proposes; and (B) the property rights ombudsman and the executive director of the Department of Commerce jointly approve. (2) (a) Neither the Office of the Property Rights Ombudsman nor its individual attorneys may represent private parties, state agencies, local governments, or any other individual or entity in a legal action that arises from or relates to a matter addressed in this chapter. (b) An action by an attorney employed by the Office of the Property Rights Ombudsman, by a neutral third party acting as mediator or arbitrator under Section 13-43-204, or by a neutral third party rendering an advisory opinion under Section 13-43-205 or 13-43-206, taken within the scope of the duties set forth in this chapter, does not create an attorney-client relationship between the Office of the Property Rights Ombudsman, or the office's attorneys or appointees, and an individual or entity. (3) No member of the Office of the Property Rights Ombudsman nor a neutral third party rendering an advisory opinion under Section 13-43-205 or 13-43-206, may be compelled to testify in a civil action filed concerning the subject matter of any review, mediation, or arbitration by, or arranged through, the office. (4) (a) Except as provided in Subsection (4)(b), evidence of a review by the Office of the Property Rights Ombudsman and the opinions, writings, findings, and determinations of the Office of the Property Rights Ombudsman are not admissible as evidence in a judicial action. (b) Subsection (4)(a) does not apply to: (i) actions brought under authority of Title 78A, Chapter 8, Small Claims Courts; (ii) a judicial confirmation or review of the arbitration itself as authorized in Title 78B, Chapter 11, Utah Uniform Arbitration Act; (iii) actions for de novo review of an arbitration award or issue brought under the authority of Subsection 13-43-204(3)(a)(i); or (iv) advisory opinions provided for in Sections 13-43-205 and 13-43-206.
Utah Code § 13-48a-201 — Utah Code / Title 13 / Chapter 13-48a / § 13-48a-201
§ 13-48a-201. Notification about possible violation of lienholder agreement.
Status: in_force

(1) As used in this section, "lienholder agreement" means an agreement between the owner of a motor vehicle and another person under which the other person has a lien against the motor vehicle. (2) At the time that the owner of a motor vehicle registers to make the owner's motor vehicle available for sharing through a car-sharing program, the car-sharing program shall notify the owner that the use of the owner's motor vehicle through the car-sharing program, including without physical damage coverage, may violate the terms of a lienholder agreement that the motor vehicle may be subject to.
Utah Code § 13-10-1 — Utah Code / Title 13 / Chapter 13-10 / § 13-10-1
§ 13-10-1. Title of chapter.
Status: in_force

This chapter is known as the "Unauthorized Recording Practices Act."
Utah Code § 13-1a-107 — Utah Code / Title 13 / Chapter 13-1a / § 13-1a-107
§ 13-1a-107. Powers and responsibilities of Division of Corporations and Commercial Code -- Document retention.
Status: in_force

10/1/2026 (1) The division has the power and authority reasonably necessary to enable the division to: (a) efficiently administer each law and rule for which the division is responsible; and (b) perform the duties imposed upon the division by law. (2) The division may, under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules and procedures for the processing, retention, and disposal of filed documents to efficiently utilize electronic and computerized document image storage and retrieval. (3) Notwithstanding the provisions of Section 63A-12-105, original documents filed in the division offices are not considered property of the state if the division retains electronic image reproductions of the original documents that comply with the provisions of Title 63G, Chapter 2, Government Records Access and Management Act. (4) (a) The division shall offer to sell or license to the public on a nonexclusive basis, in bulk or through subscription, copies of each filed record in every medium available to the filing office. (b) The division may charge a fee for subscription data services and bulk data sales in accordance with Section 63J-1-504. (5) The division shall publish on a website accessible to the public the contact information and internet website link of the protection and advocacy agency designated by the governor that can assist members of the public in understanding the current laws and regulations regarding service animals and public accommodation. (6) (a) The division shall offer to sell or license to the public on a nonexclusive basis, in bulk or through subscription, copies of each filed record in every medium available to the filing office. (b) The division may charge a fee for subscription data services and bulk data sales in accordance with Section 63J-1-504.
Utah Code § 13-57-402 — Utah Code / Title 13 / Chapter 13-57 / § 13-57-402
§ 13-57-402. Public education regarding legal funding -- Reporting to Legislature.
Status: in_force

The director shall help educate the general public regarding legal funding in the state by: (1) analyzing and summarizing data maintenance funding providers submit under Section 13-57-203; and (2) publishing the analysis and summary described in Subsection (1) on the division's web page on January 1, of each odd-numbered year.
Utah Code § 13-14-201 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-201
§ 13-14-201. Prohibited acts by franchisors -- Affiliates -- Disclosures.
Status: in_force

(1) A franchisor may not in this state: (a) except as provided in Subsection (3), require a franchisee to order or accept delivery of any new motor vehicle, part, accessory, equipment, or other item not otherwise required by law that is not voluntarily ordered by the franchisee; (b) require a franchisee to: (i) participate monetarily in any advertising campaign; or (ii) participate in a contest, or purchase any promotional materials, display devices, or display decorations or materials; (c) require a franchisee to change the capital structure of the franchisee's dealership or the means by or through which the franchisee finances the operation of the franchisee's dealership, if the dealership at all times meets reasonable capital standards determined by and applied in a nondiscriminatory manner by the franchisor; (d) require a franchisee to refrain from participating in the management of, investment in, or acquisition of any other line of new motor vehicles or related products, if the franchisee: (i) maintains a reasonable line of credit for each make or line of vehicles; and (ii) complies with reasonable capital and facilities requirements of the franchisor; (e) require a franchisee to prospectively agree to a release, assignment, novation, waiver, or estoppel that would: (i) relieve a franchisor from any liability, including notice and hearing rights imposed on the franchisor by this chapter; or (ii) require any controversy between the franchisee and a franchisor to be referred to a third party if the decision by the third party would be binding; (f) require a franchisee to change the location of the principal place of business of the franchisee's dealership or make any substantial alterations to the dealership premises, if the change or alterations would be unreasonable or cause the franchisee to lose control of the premises or impose any other unreasonable requirement related to the facilities or premises; (g) coerce or attempt to coerce a franchisee to join, contribute to, or affiliate with an advertising association; (h) require, coerce, or attempt to coerce a franchisee to enter into an agreement with the franchisor or do any other act that is unfair or prejudicial to the franchisee, by threatening to cancel a franchise agreement or other contractual agreement or understanding existing between the franchisor and franchisee; (i) adopt, change, establish, enforce, modify, or implement a plan or system for the allocation, scheduling, or delivery of new motor vehicles, parts, or accessories to the franchisor's franchisees so that the plan or system is not fair, reasonable, and equitable, including a plan or system that imposes a vehicle sales objective, goal, or quota on a franchisee, or that evaluates a franchisee's sales effectiveness or overall sales performance, without providing a reasonable opportunity for the franchisee to acquire the necessary vehicles in a timely manner from the franchisor on commercially reasonable terms; (j) increase the price of any new motor vehicle that the franchisee has ordered from the franchisor and for which there exists at the time of the order a bona fide sale to a retail purchaser if the order was made before the franchisee's receipt of an official written price increase notification; (k) fail to indemnify and hold harmless the franchisor's franchisee against any judgment for damages or settlement approved in writing by the franchisor: (i) including court costs and attorney fees arising out of actions, claims, or proceedings including those based on: (A) strict liability; (B) negligence; (C) misrepresentation; (D) express or implied warranty; (E) revocation as described in Section 70A-2-608; or (F) rejection as described in Section 70A-2-602; and (ii) to the extent the judgment or settlement relates to alleged defective or negligent actions by the franchisor; (l) threaten or coerce a franchisee to waive or forbear the franchisee's right to protest the establishment or relocation of a same line-make franchisee in the relevant market area of the affected franchisee; (m) fail to ship monthly to a franchisee, if ordered by the franchisee, the number of new motor vehicles of each make, series, and model needed by the franchisee to achieve a percentage of total new vehicle sales of each make, series, and model equitably related to the total new vehicle production or importation being achieved nationally at the time of the order by each make, series, and model covered under the franchise agreement; (n) require or otherwise coerce a franchisee to under-utilize the franchisee's existing dealer facility or facilities, including by: (i) requiring or otherwise coercing a franchisee to exclude or remove from the franchisee's facility operations the selling or servicing of a line-make of vehicles for which the franchisee has a franchise agreement to utilize the facilities; or (ii) prohibiting the franchisee from locating, relocating, or occupying a franchise or line-make in an existing facility owned or occupied by the franchisee that includes the selling or servicing of another franchise or line-make at the facility provided that the franchisee gives the franchisor written notice of the franchise co-location; (o) fail to include in any franchise agreement or other agreement governing a franchisee's ownership of a dealership or a franchisee's conduct of business under a franchise the following language or language to the effect that: "If any provision in this agreement contravenes the laws or regulations of any state or other jurisdiction where this agreement is to be performed, or provided for by such laws or regulations, the provision is considered to be modified to conform to such laws or regulations, and all other terms and provisions shall remain in full force."; (p) engage in the distribution, sale, offer for sale, or lease of a new motor vehicle to purchasers that acquire the vehicle in this state except through a franchisee with which the franchisor has established a written franchise agreement, if the franchisor's trade name, trademark, service mark, or related characteristic is an integral element in the distribution, sale, offer for sale, or lease; (q) engage in the distribution or sale of a recreational vehicle that is manufactured, rented, sold, or offered for sale in this state without being constructed in accordance with the standards set by the American National Standards Institute for recreational vehicles and evidenced by a seal or plate attached to the vehicle; (r) except as provided in Subsection (2), authorize or permit a person to perform warranty service repairs on motor vehicles, except warranty service repairs: (i) by a franchisee with which the franchisor has entered into a franchise agreement for the sale and service of the franchisor's motor vehicles; or (ii) on owned motor vehicles by a person or government entity that has purchased new motor vehicles in accordance with a franchisor's fleet discount program; (s) fail to provide a franchisee with a written franchise agreement; (t) (i) except as provided in Subsection (1)(t)(ii) and notwithstanding any other provisions of this chapter: (A) unreasonably fail or refuse to offer to the franchisor's same line-make franchised dealers all models manufactured for that line-make; or (B) unreasonably require a dealer to: (I) pay any extra fee, remodel, renovate, or recondition the dealer's existing facilities; or (II) purchase unreasonable advertising displays or other materials as a prerequisite to receiving a model or series of vehicles; and (ii) notwithstanding Subsection (1)(t)(i), a recreational vehicle franchisor may split a line-make between motor home and travel trailer products; (u) except as provided in Subsection (6), directly or indirectly: (i) own an interest in a new motor vehicle dealer or dealership; (ii) operate or control a new motor vehicle dealer or dealership; (iii) act in the capacity of a new motor vehicle dealer, as defined in Section 13-14-102; or (iv) operate a motor vehicle service facility; (v) fail to timely pay for all reimbursements to a franchisee for incentives and other payments made by the franchisor; (w) directly or indirectly influence or direct potential customers to franchisees in an inequitable manner, including: (i) charging a franchisee a fee for a referral regarding a potential sale or lease of any of the franchisee's products or services in an amount exceeding the actual cost of the referral; (ii) giving a customer referral to a franchisee on the condition that the franchisee agree to sell the vehicle at a price fixed by the franchisor; or (iii) advising a potential customer as to the amount that the potential customer should pay for a particular product; (x) fail to provide comparable delivery terms to each franchisee for a product of the franchisor, including the time of delivery after the placement of an order by the franchisee; (y) if a franchisor provides personnel training to the franchisor's franchisees, unreasonably fail to make that training available to each franchisee on proportionally equal terms; (z) condition a franchisee's eligibility to participate in a sales incentive program on the requirement that a franchisee use the financing services of the franchisor or a subsidiary or affiliate of the franchisor for inventory financing; (aa) make available for public disclosure, except with the franchisee's permission or under subpoena or in any administrative or judicial proceeding in which the franchisee or the franchisor is a party, any confidential financial information regarding a franchisee, including: (i) monthly financial statements provided by the franchisee; (ii) the profitability of a franchisee; or (iii) the status of a franchisee's inventory of products; (bb) use any performance standard, incentive program, or similar method to measure the performance of franchisees unless the standard or program: (i) is designed and administered in a fair, reasonable, and equitable manner; (ii) if based upon a survey, utilizes an actuarially generally acceptable, valid sample; and (iii) is, upon request by a franchisee, disclosed and explained in writing to the franchisee, including: (A) how the standard or program is designed; (B) how the standard or program will be administered; and (C) the types of data that will be collected and used in the application of the standard or program; (cc) other than sales to the federal government, directly or indirectly, sell, lease, offer to sell, or offer to lease, a new motor vehicle or any motor vehicle owned by the franchisor, except through a franchised new motor vehicle dealer; (dd) compel a franchisee, through a finance subsidiary, to agree to unreasonable operating requirements, except that this Subsection (1)(dd) may not be construed to limit the right of a financing subsidiary to engage in business practices in accordance with the usage of trade in retail and wholesale motor vehicle financing; (ee) condition the franchisor's participation in co-op advertising for a product category on the franchisee's participation in any program related to another product category or on the franchisee's achievement of any level of sales in a product category other than that which is the subject of the co-op advertising; (ff) except as provided in Subsections (7) through (9), discriminate against a franchisee in the state in favor of another franchisee of the same line-make in the state: (i) by selling or offering to sell a new motor vehicle to one franchisee at a higher actual price, including the price for vehicle transportation, than the actual price at which the same model similarly equipped is offered to or is made available by the franchisor to another franchisee in the state during a similar time period; (ii) except as provided in Subsection (8), by using a promotional program or device or an incentive, payment, or other benefit, whether paid at the time of the sale of the new motor vehicle to the franchisee or later, that results in the sale of or offer to sell a new motor vehicle to one franchisee in the state at a higher price, including the price for vehicle transportation, than the price at which the same model similarly equipped is offered or is made available by the franchisor to another franchisee in the state during a similar time period; (iii) except as provided in Subsection (9), by failing to provide or direct a lead in a fair, equitable, and timely manner; or (iv) if the franchisee complies with any reasonable requirement concerning the sale of new motor vehicles, by using or considering the performance of any of the franchisor's franchisees located in this state relating to the sale of the franchisor's new motor vehicles in determining the: (A) dealer's eligibility to purchase program, certified, or other used motor vehicles from the franchisor; (B) volume, type, or model of program, certified, or other used motor vehicles the dealer is eligible to purchase from the franchisor; (C) price of any program, certified, or other used motor vehicles that the dealer is eligible to purchase from the franchisor; or (D) availability or amount of any discount, credit, rebate, or sales incentive the dealer is eligible to receive from the manufacturer for the purchase of any program, certified, or other motor vehicle offered for sale by the franchisor; (gg) (i) take control over funds owned or under the control of a franchisee based on the findings of a warranty audit, sales incentive audit, or recall repair audit, unless the following conditions are satisfied: (A) the franchisor fully identifies in writing the basis for the franchisor's claim or charge back arising from the audit, including notifying the franchisee that the franchisee has 20 days from the day on which the franchisee receives the franchisor's claim or charge back to assert a protest in writing to the franchisor identifying the basis for the protest; (B) the franchisee's protest shall inform the franchisor that the protest shall be submitted to a mediator in the state who is identified by name and address in the franchisee's notice to the franchisor; (C) if mediation is requested under Subsection (1)(gg)(i)(B), mediation shall occur no later than 30 days after the day on which the franchisor receives the franchisee's protest of a claim or charge back; (D) if mediation does not lead to a resolution of the protest, the protest shall be set for binding arbitration in the same venue in which the mediation occurred; (E) binding arbitration under Subsection (1)(gg)(i)(D) shall be conducted: (I) by an arbitrator mutually agreed upon by the franchisor and the franchisee; and (II) on a date mutually agreed upon by the franchisor and the franchisee, but shall be held no later than 90 days after the franchisor's receipt of the franchisee's notice of protest; (F) this Subsection (1)(gg)(i) applies exclusively to warranty audits, recall repair audits, and sales incentive audits; (G) Subsections (1)(gg)(i)(A) through (E) do not apply if the franchisor reasonably believes that the amount of the claim or charge back is related to a fraudulent act by the franchisee; and (H) the costs of the mediator or arbitrator instituted under this Subsection (1)(gg) shall be shared equally by the franchisor and the franchisee; or (ii) require a franchisee to execute a written waiver of the requirements of Subsection (1)(gg)(i); (hh) coerce, or attempt to coerce a franchisee to purchase or sell an aftermarket product manufactured by the franchisor, or obtained by the franchisor for resale from a third-party supplier and the franchisor or the franchisor's affiliate derives a financial benefit from the franchisee's sale or purchase of the aftermarket product as a condition to obtaining preferential status from the franchisor; (ii) through an affiliate, take any action that would otherwise be prohibited under this chapter; (jj) impose any fee, surcharge, or other charge on a franchisee designed to recover the cost of a warranty repair for which the franchisor pays the franchisee; (kk) except as provided by the audit provisions of this chapter, take an action designed to recover a cost related to a recall, including: (i) imposing a fee, surcharge, or other charge on a franchisee; (ii) reducing the compensation the franchisor owes to a franchisee; (iii) removing the franchisee from an incentive program; or (iv) reducing the amount the franchisor owes to a franchisee under an incentive program; (ll) directly or indirectly condition any of the following actions on the willingness of a franchisee, prospective new franchisee, or owner of an interest in a dealership facility to enter into a site-control agreement: (i) the awarding of a franchise to a prospective new franchisee; (ii) the addition of a line-make or franchise to an existing franchisee; (iii) the renewal of an existing franchisee's franchise; (iv) the approval of the relocation of an existing franchisee's dealership facility, unless the franchisor pays, and the franchisee voluntarily accepts, additional specified cash consideration to facilitate the relocation; or (v) the approval of the sale or transfer of a franchise's ownership, unless the franchisor pays, and the buyer voluntarily accepts, additional specified cash consideration to facilitate the sale or transfer; (mm) subject to Subsection (11), deny a franchisee the right to return any or all parts or accessories that: (i) were specified for and sold to the franchisee under an automated ordering system required by the franchisor; and (ii) (A) are in good, resalable condition; and (B) (I) the franchisee received within the previous 12 months; or (II) are listed in the current parts catalog; (nn) subject to Subsection (12), obtain from a franchisee a waiver of a franchisee's right, by threatening: (i) to impose a detriment upon the franchisee's business; or (ii) to withhold any entitlement, benefit, or service: (A) to which the franchisee is entitled under a franchise agreement, contract, statute, rule, regulation, or law; or (B) that has been granted to more than one other franchisee of the franchisor in the state; (oo) coerce a franchisee to establish, or provide by agreement, program, or incentive provision that a franchisee must establish, a price at which the franchisee is required to sell a product or service that is: (i) sold in connection with the franchisee's sale of a motor vehicle; and (ii) (A) in the case of a product, not manufactured, provided, or distributed by the franchisor or an affiliate; or (B) in the case of a service, not provided by the franchisor or an affiliate; (pp) except as necessary to comply with a health or safety law, or to comply with a technology requirement compliance with which is necessary to sell or service a motor vehicle that the franchisee is authorized or licensed by the franchisor to sell or service, coerce or require a franchisee, through a penalty or other detriment to the franchisee's business, to: (i) construct a new dealer facility or materially alter or remodel an existing dealer facility before the date that is 10 years after the date the construction of the new dealer facility at that location was completed, if the construction substantially complied with the franchisor's brand image standards or plans that the franchisor provided or approved; or (ii) materially alter or remodel an existing dealer facility before the date that is 10 years after the date the previous alteration or remodeling at that location was completed, if the previous alteration or remodeling substantially complied with the franchisor's brand image standards or plans that the franchisor provided or approved; (qq) notwithstanding the terms of a franchise agreement providing otherwise and subject to Subsection (14): (i) coerce or require a franchisee, including by agreement, program, or incentive provision, to purchase a good or service, relating to a facility construction, alteration, or remodel, from a vendor that a franchisor or the franchisor's affiliate selects, identifies, or designates, without allowing the franchisee, after consultation with the franchisor, to obtain a like good or service of substantially similar quality from a vendor that the franchisee chooses; or (ii) coerce or require a franchisee, including by agreement, program, or incentive provision, to lease a sign or other franchisor image element from the franchisor or an affiliate without providing the franchisee the right to purchase a sign or other franchisor image element of like kind and quality from a vendor that the franchisee chooses; (rr) when providing a new motor vehicle to a franchisee for offer or sale to the public, fail to provide to the franchisee a written disclosure that may be provided to a potential buyer of the new motor vehicle of each accessory or function of the vehicle that may be initiated, updated, changed, or maintained by the franchisor or affiliate through over the air or remote means, and the charge to the customer at the time of sale for such initiation, update, change, or maintenance; or (ss) fail to provide reasonable compensation to a franchisee for assistance requested by a customer whose vehicle was subjected to an over the air or remote change, repair, or update to any part, system, accessory, or function by the franchisor or affiliate and performed at the franchisee's dealership in order to satisfy the customer. (2) Notwithstanding Subsection (1)(r), a franchisor may authorize or permit a person to perform warranty service repairs on motor vehicles if the warranty services are for a franchisor of recreational vehicles. (3) Subsection (1)(a) does not prevent the franchisor from requiring that a franchisee carry a reasonable inventory of: (a) new motor vehicle models offered for sale by the franchisor; and (b) parts to service the repair of the new motor vehicles. (4) Subsection (1)(d) does not prevent a franchisor from requiring that a franchisee maintain separate sales personnel or display space. (5) Upon the written request of any franchisee, a franchisor shall disclose in writing to the franchisee the basis on which new motor vehicles, parts, and accessories are allocated, scheduled, and delivered among the franchisor's dealers of the same line-make. (6) (a) A franchisor may engage in any of the activities listed in Subsection (1)(u), for a period not to exceed 12 months if: (i) (A) the person from which the franchisor acquired the interest in or control of the new motor vehicle dealership was a franchised new motor vehicle dealer; and (B) the franchisor's interest in the new motor vehicle dealership is for sale at a reasonable price and on reasonable terms and conditions; or (ii) the franchisor is engaging in the activity listed in Subsection (1)(u) for the purpose of broadening the diversity of the franchisor's dealer body and facilitating the ownership of a new motor vehicle dealership by a person that: (A) is part of a group that has been historically underrepresented in the franchisor's dealer body; (B) would not otherwise be able to purchase a new motor vehicle dealership; (C) has made a significant investment in the new motor vehicle dealership which is subject to loss; (D) has an ownership interest in the new motor vehicle dealership; and (E) operates the new motor vehicle dealership under a plan to acquire full ownership of the dealership within a reasonable period of time and under reasonable terms and conditions. (b) The executive director may, for good cause shown, extend the time limit set forth in Subsection (6)(a) for an additional period not to exceed 12 months. (7) Subsection (1)(ff) does not apply to recreational vehicles. (8) Subsection (1)(ff)(ii) does not prohibit a promotional or incentive program that is functionally available to all competing franchisees of the same line-make in the state on substantially comparable terms. (9) Subsection (1)(ff)(iii) may not be construed to: (a) permit provision of or access to customer information that is otherwise protected from disclosure by law or by contract between a franchisor and a franchisee; or (b) require a franchisor to disregard the preference volunteered by a potential customer in providing or directing a lead. (10) Subsection (1)(ii) does not limit the right of an affiliate to engage in business practices in accordance with the usage of trade in which the affiliate is engaged. (11) (a) Subsection (1)(mm) does not apply to parts or accessories that the franchisee ordered and purchased outside of an automated parts ordering system required by the franchisor. (b) In determining whether parts or accessories in a franchisee's inventory were specified and sold under an automated ordering system required by the franchisor, the parts and accessories in the franchisee's inventory are presumed to be the most recent parts and accessories that the franchisor sold to the franchisee. (12) (a) Subsection (1)(nn) does not apply to a good faith settlement of a dispute, including a dispute relating to contract negotiations, in which the franchisee gives a waiver in exchange for fair consideration in the form of a benefit conferred on the franchisee. (b) Subsection (12)(a) may not be construed to defeat a franchisee's claim that a waiver has been obtained in violation of Subsection (1)(nn). (13) (a) As used in Subsection (1)(pp): (i) "Materially alter": (A) means to make a material architectural, structural, or aesthetic alteration; and (B) does not include routine maintenance, such as interior painting, reasonably necessary to keep a dealership facility in attractive condition. (ii) "Penalty or other detriment" does not include a payment under an agreement, incentive, or program that is offered to but declined or not accepted by a franchisee, even if a similar payment is made to another franchisee in the state that chooses to participate in the agreement, incentive, or program. (b) Subsection (1)(pp) does not apply to: (i) a program that provides a lump sum payment to assist a franchisee to make a facility improvement or to pay for a sign or a franchisor image element, if the payment is not dependent on the franchisee selling or purchasing a specific number of new vehicles; (ii) a program that is in effect on May 8, 2012, with more than one franchisee in the state or to a renewal or modification of the program; (iii) a program that provides reimbursement to a franchisee on reasonable, written terms for a substantial portion of the franchisee's cost of making a facility improvement or installing signage or a franchisor image element; or (iv) a written agreement between a franchisor and franchisee, in effect before May 8, 2012, under which a franchisee agrees to construct a new dealer facility. (14) (a) Subsection (1)(qq)(i) does not apply to: (i) signage purchased by a franchisee in which the franchisor has an intellectual property right; or (ii) a good used in a facility construction, alteration, or remodel that is: (A) a moveable interior display that contains material subject to a franchisor's intellectual property right; or (B) specifically eligible for reimbursement of over one-half the good's cost in accordance with a franchisor or distributor program or incentive granted to the franchisee on reasonable, written terms. (b) Subsection (1)(qq)(ii) may not be construed to allow a franchisee to: (i) impair or eliminate a franchisor's intellectual property right; or (ii) erect or maintain a sign that does not conform to the franchisor's reasonable fabrication specifications and intellectual property usage guidelines. (15) A franchisor may comply with Subsection (1)(rr) by notifying the franchisee that the information in a written disclosure described in Subsection (1)(rr) is available on a website or by other digital means.
Utah Code § 13-23-105 — Utah Code / Title 13 / Chapter 13-23 / § 13-23-105
§ 13-23-105. Exemptions from surety bond or certificate of deposit requirement.
Status: in_force

(1) A fitness center is exempt from Subsections 13-23-104(7) through (10) for a fitness center facility, if the fitness center only offers access to a fitness center service at the fitness center facility through: (a) the purchase of an individual class or session; (b) the purchase of a package: (i) with a defined number of classes or sessions; and (ii) for which the health spa may not hold more than $150 worth of a consumer's unused credit; (c) the purchase of a monthly membership or pass, payment for which the fitness center does not collect from a consumer more than two months in advance; (d) an installment contract that: (i) provides for the consumer to make all payments due under the contract, including a down payment, an enrollment fee, a membership fee, or any other payment to the fitness center, in equal monthly installments spread over the entire term of the contract; and (ii) contains the following clause: "If this fitness center ceases operations at or changes the consumer's primary location in violation of Utah Code Subsection 13-23-102(7), (8), or (9), no further payments under this contract shall be due to anyone, including any assignee of the contract or purchaser of any note associated with or contained in this contract."; or (e) a combination of fitness center services described in Subsections (1)(a) through (d). (2) For purposes of finding the principal amount for the surety bond or certificate of deposit required under Section 13-23-104, a fitness center is not required to include in the calculation described in Subsection 13-23-104(8) a contract that offers access to a fitness center service as described in Subsection (1). (3) A fitness center that claims exemption from Subsections 13-23-104(7) through (10) or that a contract should be excluded from the calculation described in Subsection 13-23-104(8) bears the burden of proving to the division that the health spa or contract meets the relevant criteria described in Subsection (1) or (2).
Utah Code § 13-12-3 — Utah Code / Title 13 / Chapter 13-12 / § 13-12-3
§ 13-12-3. Refiners or distributors -- Unlawful practices -- Marketing agreements with dealers.
Status: in_force

No refiner or distributor, directly or indirectly or through any office, agent, or employee, shall engage in any of the following practices: (1) requiring a dealer, at the time of entering into a marketing agreement, to agree to a release, assignment, novation, waiver or estoppel which would relieve any person from any provision of this act; (2) prohibiting, directly or indirectly, the right of free association among dealers for any lawful purpose; (3) requiring a dealer to keep his retail outlet open for business for any specified number of hours per day, or days per week, unless those requirements are set forth in writing at the time of entering into the marketing agreement; (4) fixing or maintaining the price at which the dealer must sell products, or attempting to fix or maintain those prices, through any form of coercion whatsoever; provided, that nothing herein shall be construed to prohibit a distributor or refiner from suggesting prices or counseling with dealers concerning those prices; (5) requiring a dealer to use or utilize any promotion, premium, coupon, give-away, sales promotion or rebate in the operation of the business; provided that nothing herein shall be construed to prohibit a dealer from participating financially in a promotion, premium, coupon, give-away, sales promotion or rebate sponsored by the distributor or refiner if agreed to voluntarily by the parties; (6) terminating, canceling or failing to renew any marketing agreement without having first given written notice setting forth all the reasons for such termination, cancellation, or intent not to renew the dealer at least 90 days in advance of such termination, cancellation, or failure to renew, except: (a) where the alleged grounds are voluntary abandonment by the dealer of the marketing agreement relationship in which event the aforementioned written notice shall be given five business days in advance of such termination, cancellation, or failure to renew; and (b) where the alleged grounds are caused by the conviction of the dealer or distributor in a court of competent jurisdiction of a criminal offense directly related to the business conducted pursuant to the marketing agreement, or the bankruptcy of the dealer or distributor, in which event the aforementioned termination, cancellation, or failure to renew may be effective immediately following such conviction or bankruptcy; (c) where the alleged grounds are: (i) failure of the dealer to substantially comply with the requirements of the marketing agreement; (ii) action of the dealer fraudulently advising members of the motoring public of the necessity for unneeded automotive repairs, parts or accessories; (iii) action of the dealer fraudulently representing either expressly or impliedly the trade mark or brand of product being sold by the dealer; (iv) failure of the dealer to maintain the premises in a sufficiently clean and healthful manner to avoid constituting a nuisance to members of the motoring public or adjoining property owners as determined by the local board of health authority; in which event the distributor shall provide the dealer with written notice of his intent to terminate, cancel or fail to renew, following which the dealer shall be allowed 10 days in which to comply, correct or respond to said allegations before further action can be taken by the distributor.
Utah Code § 13-42-117 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-117
§ 13-42-117. Prerequisites for providing debt-management services.
Status: in_force

(1) Before providing debt-management services, a provider shall give the individual an itemized list of goods and services and the charges for each. The list shall be clear and conspicuous, be in a record the individual may keep whether or not the individual assents to an agreement, and describe the goods and services the provider offers: (a) free of additional charge if the individual enters into an agreement; (b) for a charge if the individual does not enter into an agreement; and (c) for a charge if the individual enters into an agreement, using the following terminology, as applicable, and format:Set-up fee _________________________________________________dollar amount of feeMonthly service fee __________________________________________dollar amount of fee or method of determining amountSettlement fee ______________________________________________dollar amount of fee or method of determining amountGoods and services in addition to those provided in connection with a plan:_____________ ____________________________________________(item) dollar amount or method of determining amount_____________ ____________________________________________(item) dollar amount or method of determining amount. (2) A provider may not furnish debt-management services unless the provider, through the services of a certified counselor: (a) provides the individual with reasonable education about the management of personal finance; (b) has prepared a financial analysis including at least the following matters affecting the individual's financial condition: (i) assets; (ii) income; (iii) debt, including secured debt; and (iv) other liabilities; and (c) if the individual is to make regular, periodic payments to a creditor or a provider: (i) has prepared a plan for the individual; (ii) has made a determination, based on the provider's analysis of the information provided by the individual and otherwise available to it, that the plan is suitable for the individual and the individual will be able to meet the payment obligations under the plan; and (iii) believes that each creditor of the individual listed as a participating creditor in the plan will accept payment of the individual's debts as provided in the plan. (3) Before an individual assents to an agreement to engage in a plan, a provider shall: (a) provide the individual with a copy of the analysis and plan required by Subsection (2) in a record that identifies the provider and that the individual may keep whether or not the individual assents to the agreement; (b) inform the individual of the availability, at the individual's option, of assistance by a toll-free communication system or in person to discuss the financial analysis and plan required by Subsection (2); and (c) with respect to all creditors identified by the individual or otherwise known by the provider to be creditors of the individual, provide the individual with a list of: (i) creditors that the provider expects to participate in the plan and grant concessions; (ii) creditors that the provider expects to participate in the plan but not grant concessions; (iii) creditors that the provider expects not to participate in the plan; and (iv) all other creditors. (4) Before an individual assents to an agreement, the provider shall inform the individual, in a separate record that the individual may keep whether or not the individual assents to the agreement: (a) of the name and business address of the provider; (b) that plans are not suitable for all individuals and the individual may ask the provider about other ways, including bankruptcy, to deal with indebtedness; (c) of the amount of time necessary to achieve the results that the provider represents to be achievable; (d) if the provider intends to include a settlement offer to any of the individual's creditors or debt collectors: (i) of the time by which the provider will make a bona fide settlement offer to any of the individual's creditors or debt collectors; and (ii) of the amount of money or the percentage of each outstanding debt that the individual must accumulate before the provider will make a bona fide settlement offer to each creditor or debt collector; (e) that establishment of a plan may adversely affect the individual's credit rating or credit scores; (f) that nonpayment of debt may lead creditors to increase finance and other charges or undertake collection activity, including litigation; (g) if the provider requests or requires the individual to place money in an account at an insured financial institution, that the individual: (i) owns the funds held in the account; (ii) may withdraw from the provider's plan at any time without penalty; and (iii) is entitled to receive all money in the account, other than money that the provider earns as provided in Section 13-42-123, at the time the individual withdraws from the provider's plan; (h) unless it is not true, that the provider may receive compensation from the creditors of the individual; and (i) that, unless the individual is insolvent, if a creditor settles for less than the full amount of the debt, the plan may result in the creation of taxable income to the individual, even though the individual does not receive any money. (5) If a provider may receive payments from an individual's creditors and the plan contemplates that the individual's creditors will reduce finance charges or fees for late payment, default, or delinquency, the provider may comply with Subsection (4) by providing the following disclosure, surrounded by black lines:IMPORTANT INFORMATION FOR YOU TO CONSIDER(1) Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.(2) Using a debt-management plan may make it harder for you to obtain credit.(3) We may receive compensation for our services from your creditors._______________________________________Name and business address of provider (6) If a provider will not receive payments from an individual's creditors and the plan contemplates that the individual's creditors will reduce finance charges or fees for late payment, default, or delinquency, a provider may comply with Subsection (4) by providing the following disclosure, surrounded by black lines:IMPORTANT INFORMATION FOR YOU TO CONSIDER(1) Debt-management plans are not right for all individuals, and you may ask us to provide information about other ways, including bankruptcy, to deal with your debts.(2) Using a debt-management plan may make it harder for you to obtain credit.______________________________________Name and business address of provider (7) If an agreement contemplates that creditors will settle debts for less than the full principal amount of debt owed, a provider may comply with Subsection (4) by providing the following disclosure, surrounded by black lines:IMPORTANT INFORMATION FOR YOU TO CONSIDER(1) Our program is not right for all individuals, and you may ask us to provide information about bankruptcy and other ways to deal with your debts.(2) Nonpayment of your debts under our program mayhurt your credit rating or credit scores;lead your creditors to increase finance and other charges; andlead your creditors to undertake activity, including lawsuits, to collect the debts.(3) Reduction of debt under our program may result in taxable income to you, even though you will not actually receive any money._________________________________________Name and business address of provider
Utah Code § 13-32-102 — Utah Code / Title 13 / Chapter 13-32 / § 13-32-102
§ 13-32-102. Definitions.
Status: in_force

(1) "Manufacturer's or distributor's representative" means a person who has available for public inspection written proof of authorization from the manufacturer or distributor of a product to offer that product for public retail sale. (2) "New and unused property" means tangible personal property that: (a) was acquired by the vendor directly from the producer, manufacturer, wholesaler, or retailer of that property in the ordinary course of business; (b) has never been used since its production or manufacturing; and (c) if the property was packaged when originally produced or manufactured, is in its original and unopened package or container. (3) (a) "Swap meet" or "flea market" means an event at which personal property is offered for sale or exchange: (i) by two or more persons and a fee is charged to vendors for the privilege of offering or displaying such personal property or to prospective buyers for admission to the area where such personal property is offered or displayed for sale; or (ii) if the event is held more than six times in any 12-month period, regardless of the number of persons offering or displaying personal property or the absence of fees. (b) The terms "swap meet" and "flea market" do not include any events: (i) that are organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated exclusively for religious, educational, or charitable purposes; or (ii) at which all of the personal property offered for sale or displayed is new and unused property, and all persons selling, exchanging, offering, or displaying the personal property are manufacturer's or distributor's representatives. (4) "Vendor" means a person who offers for sale or exchange six or more like items of new and unused property at a swap meet or flea market in this state.
Utah Code § 13-81-301 — Utah Code / Title 13 / Chapter 13-81 / § 13-81-301
§ 13-81-301. Rulemaking authority -- Rebuttable presumptions.
Status: in_force

7/1/2027 (1) The division may identify open protocols that the division has determined, after an assessment, meet the requirements of Section 13-81-202. (2) If a social media company uses an open protocol that the division identifies under Subsection (1), the social media company shall be entitled to a rebuttable presumption of providing access on reasonable terms that do not discriminate between social media services. (3) A social media company does not violate Section 13-81-202 for a temporary loss of continuous real-time data sharing if the social media company demonstrates that: (a) the social media company made good faith efforts to maintain continuous real-time data sharing; and (b) the social media company took reasonable steps to restore data sharing as soon as practicable. (4) Nothing in this chapter shall be construed to require a social media company to receive data through an interoperability interface.
Utah Code § 13-57-601 — Utah Code / Title 13 / Chapter 13-57 / § 13-57-601
§ 13-57-601. Commercial maintenance funding prohibitions.
Status: in_force

(1) A commercial maintenance funding provider may not enter into a commercial maintenance funding agreement directly or indirectly with a foreign entity of concern or a foreign country or person of concern. (2) A commercial maintenance funding provider may not receive, access, or use any documents or information subject to a court order to seal or protect that the court issues in the course of the civil proceeding unless a court order specifically allows a commercial maintenance funding provider to have access to such documents or information. (3) (a) A commercial maintenance funding provider may not direct, or have a contractual right to control, the party or the party's attorney with respect to the conduct of the underlying legal claim or a settlement or resolution of the legal claim. (b) The right to make the decisions Subsection (3)(a) describes remains solely with the party and the party's attorney in the civil proceeding.
Utah Code § 13-42-127 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-127
§ 13-42-127. Periodic reports and retention of records.
Status: in_force

(1) A provider shall provide the accounting required by Subsection (2): (a) on cancellation or termination of an agreement; and (b) before cancellation or termination of any agreement: (i) at least once each month; and (ii) no later than five business days after a request by an individual, but the provider need not comply with more than one request in any calendar month. (2) A provider, in a record, shall provide each individual for whom it has established a plan an accounting of the following information: (a) the amount in an account containing money paid by or on behalf of the individual for fees or distribution to a creditor, or both, as of the date one month before the date of the accounting; (b) the amount paid into the account since the last report; (c) the amounts and dates of disbursement made on the individual's behalf, or by the individual on the direction of the provider, since the last report to each creditor listed in the plan; (d) the amounts deducted, as fees or otherwise, from the amount paid into the account since the last report; (e) if, since the last report, a creditor has agreed to accept as payment in full an amount less than the principal amount of the debt owed by the individual: (i) the total amount and terms of the settlement; (ii) the amount of the debt when the individual assented to the plan; (iii) the amount of the debt when the creditor agreed to the settlement; and (iv) the calculation of a settlement fee; and (f) the amount in the account as of the date of the accounting. (3) If an agreement contemplates that a creditor will settle a debt for less than the principal amount of the debt and the provider delegates performance of its duties under this section to another person, the provider may provide the information required by Subsection (2)(e) in a record separate from the record containing the other information required by Subsection (2).
Utah Code § 13-14-305 — Utah Code / Title 13 / Chapter 13-14 / § 13-14-305
§ 13-14-305. Evidence to be considered in determining cause to terminate or discontinue.
Status: in_force

(1) In determining whether a franchisor has established good cause for terminating or not continuing a franchise agreement, the executive director shall consider: (a) the amount of business transacted by the franchisee, as compared to business available to the franchisee; (b) the investment necessarily made and obligations incurred by the franchisee in the performance of the franchisee's part of the franchise agreement; (c) the permanency of the investment; (d) whether it is injurious or beneficial to the public welfare or public interest for the business of the franchisee to be disrupted; (e) whether the franchisee has adequate motor vehicle sales and service facilities, equipment, vehicle parts, and qualified service personnel to reasonably provide for the needs of the consumer for the new motor vehicles handled by the franchisee and has been and is rendering adequate services to the public; (f) whether the franchisee refuses to honor warranties of the franchisor under which the warranty service work is to be performed pursuant to the franchise agreement, if the franchisor reimburses the franchisee for the warranty service work; (g) failure by the franchisee to substantially comply with those requirements of the franchise agreement that are determined by the executive director to be: (i) reasonable; (ii) material; and (iii) not in violation of this chapter; (h) evidence of bad faith by the franchisee in complying with those terms of the franchise agreement that are determined by the executive director to be: (i) reasonable; (ii) material; and (iii) not in violation of this chapter; (i) prior misrepresentation by the franchisee in applying for the franchise; (j) transfer of any ownership or interest in the franchise without first obtaining approval from the franchisor or the executive director; and (k) any other factor the executive director considers relevant. (2) Notwithstanding any franchise agreement, the following do not constitute good cause, as used in this chapter for the termination or noncontinuation of a franchise: (a) the sole fact that the franchisor desires greater market penetration or more sales or leases of new motor vehicles; (b) the change of ownership of the franchisee's dealership or the change of executive management of the franchisee's dealership unless the franchisor proves that the change of ownership or executive management will be substantially detrimental to the distribution of the franchisor's motor vehicles; or (c) the fact that the franchisee has justifiably refused or declined to participate in any conduct covered by Section 13-14-201. (3) For purposes of Subsection (2), "substantially detrimental" includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application.
Utah Code § 13-53-109 — Utah Code / Title 13 / Chapter 13-53 / § 13-53-109
§ 13-53-109. Discontinuance of operations.
Status: in_force

(1) A residential vocational or life skills program that is closing shall adopt a plan for the provision of food, shelter, and clothing for at least 30 days from the date of closure to participants displaced by the closure. (2) At least 30 days before the day on which the residential vocational or life skills program will close, the residential vocational or life skills program shall provide written notice to the division of: (a) the intended date of closure; and (b) the plan described in Subsection (1).
Utah Code § 13-68-201 — Utah Code / Title 13 / Chapter 13-68 / § 13-68-201
§ 13-68-201. Requirement to be registered as a lawyer referral consultant.
Status: in_force

(1) Except as provided in Subsection (2), an individual may not engage in an activity of a lawyer referral consultant for compensation unless the individual registers as a lawyer referral consultant under this chapter. (2) Except as provided in Subsections 13-68-303(3), (4), and (5), this chapter does not apply to an attorney. (3) A lawyer referral consultant may only offer nonlegal assistance or advice in providing lawyer referral services.
Utah Code § 13-42-136 — Utah Code / Title 13 / Chapter 13-42 / § 13-42-136
§ 13-42-136. Violation of Consumer Sales Practices Act.
Status: in_force

If an act or practice of a provider violates both this chapter and Chapter 11, Utah Consumer Sales Practices Act, an individual may not recover under both for the same act or practice.
Utah Code § 13-56-103 — Utah Code / Title 13 / Chapter 13-56 / § 13-56-103
§ 13-56-103. Scope.
Status: in_force

(1) This chapter does not apply to an event or venue of an exempt entity. (2) Nothing in this chapter prohibits a venue operator from maintaining and enforcing one or more policies regarding conduct or behavior at or in connection with the venue.
Utah Code § 13-8-1 — Utah Code / Title 13 / Chapter 13-8 / § 13-8-1
§ 13-8-1. Construction industry -- Agreements to indemnify.
Status: in_force

(1) For purposes of this section: (a) "Construction contract" means a contract or agreement relative to the design, construction, alteration, repair, or maintenance of a building, structure, highway, appurtenance, appliance, or other improvement to real property, including moving, demolition, or excavating, connected to the construction contract between: (i) a construction manager; (ii) a general contractor; (iii) a subcontractor; (iv) a sub-subcontractor; (v) a supplier; or (vi) any combination of persons listed in Subsections (1)(a)(i) through (v). (b) "Indemnification provision" means a covenant, promise, agreement or understanding in, in connection with, or collateral to a construction contract requiring the promisor to insure, hold harmless, indemnify, or defend the promisee or others against liability if: (i) the damages arise out of: (A) bodily injury to a person; (B) damage to property; or (C) economic loss; and (ii) the damages are caused by or resulting from the fault of the promisee, indemnitee, others, or their agents or employees. (2) Except as provided in Subsection (3), an indemnification provision in a construction contract is against public policy and is void and unenforceable. (3) When an indemnification provision is included in a contract related to a construction project between an owner and party listed in Subsection (1)(a), in any action for damages described in Subsection (1)(b)(i), the fault of the owner shall be apportioned among the parties listed in Subsection (1)(a) pro rata based on the proportional share of fault of each of the parties listed in Subsection (1)(a), if: (a) the damages are caused in part by the owner; and (b) the cause of the damages defined in Subsection (1)(b)(i) did not arise at the time and during the phase of the project when the owner was operating as a party defined in Subsection (1)(a). (4) This section may not be construed to affect or impair the obligations of contracts or agreements, that are in existence at the time this section or any amendment to this section becomes effective.
Utah Code § 13-54-202 — Utah Code / Title 13 / Chapter 13-54 / § 13-54-202
§ 13-54-202. Prohibited practices.
Status: in_force

(1) (a) It is unlawful for any person who is not a primary ticket seller to represent, directly or indirectly, that the person is a primary ticket seller. (b) If a presiding officer or court determines appropriate after considering other relevant factors, the following actions by a person who is not a primary ticket seller establish a presumption that the person is representing that the person is a primary ticket seller in violation of Subsection (1)(a): (i) using the name of an event in the domain of the person's ticket website, unless the person has written authorization from an agent of the event; (ii) using the name of an event participant in the domain of the person's ticket website, unless the person has written authorization from the event participant or an agent of the event participant; (iii) using, in paid search results, the name of an event or event participant in a manner described in Subsection (1)(b)(i) or (ii); (iv) using on the person's website any of the following that individually or in combination is substantially similar to a primary ticket seller's, venue's, or event's website, with the intent to mislead a potential purchaser, without written authorization: (A) text; (B) images; (C) website graphics; (D) website design; or (E) Internet address. (2) It is unlawful for a person who lists or offers a ticket for sale to: (a) accept payment for the ticket; and (b) fail to deliver to the consumer who purchases the ticket a ticket that reflects the transaction to which the parties agreed. (3) It is unlawful for a person to: (a) knowingly sell more than one copy of the same ticket; (b) use ticket purchasing software to circumvent any portion of the process for purchasing a ticket on a ticket website, including: (i) circumventing: (A) security measures; (B) identity validation measures; or (C) an access control system; or (ii) disguising the identity of a ticket purchaser for the purpose of purchasing a number of tickets that exceeds the maximum number of tickets allowed for a person to purchase. (4) It is unlawful for a person to fail to comply with a provision of Section 13-54-201. (5) Nothing in this section prohibits a person from including the name of an event or an event participant in a URL after the top-level domain.