Utah Code § 70A-9a-902 — Utah Code / Title 70A / Chapter 70A-9a / § 70A-9a-902
§ 70A-9a-902. Abuse of programmability unlawful.
Status: in_force

5/5/2027 (1) An issuer of programmable money may not deny a transaction on the basis of: (a) a person's political opinions, speech, or affiliations; (b) a person's religious beliefs, religious exercise, or religious affiliations; (c) a person's sex, skin color, ethnicity, or sexual orientation; (d) a person's medical history, including vaccination status or participation or non-participation in any treatments, procedures, or diagnoses; (e) a person's location, purchase, or browsing history; (f) a person's place of residence or current location; (g) any factor related to the person's business sector; or (h) the use of a rating, scoring, analysis, tabulation, or action that considers a social credit score based on: (i) any factors listed in Subsections (1)(a) through (1)(g); (ii) the person's lawful ownership of a firearm; (iii) the person's engagement in the lawful manufacture, distribution, sale, purchase, or use of firearms, firearms accessories, or ammunition; (iv) the person's engagement in the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, mining, or agriculture; (v) the person's support of the state or federal government in combating illegal immigration, drug trafficking, or human trafficking; (vi) the person's engagement with, facilitation of, employment by, support of, business or other relationship with, representation of, or advocacy for a person described in Subsection (1); (vii) the person's failure to meet or commit to meet, or expected failure to meet, any of the following as long as such person is in compliance with applicable state or federal law: (A) environmental standards, including emissions standards, benchmarks, requirements, or disclosures; (B) social governance standards, benchmarks, or requirements, including environmental or social justice; or (C) corporate board or company employment composition standards, benchmarks, requirements, or disclosures based on characteristics protected under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.; (viii) policies or procedures requiring or encouraging employee participation in social justice programming, including diversity, equity, or inclusion training; or (ix) any other lawful acts or behavior. (2) (a) It is unlawful for an issuer of programmable money to cause or allow for the denial or failure of transactions based on the criteria listed in Subsection (1), whether through direct action, automation, or programming. (b) For purposes of this Subsection (2), "allowing for the denial or failure" includes an act or omission by the issuer relating to the programmable money issued by the issuer, including automatic actions caused by computer code, algorithms, or artificial intelligence used by, on behalf of, or in support of the issuer, the issuer's product, and the issuer's affiliates. (3) (a) If an issuer of programmable money denies a transaction, either party to the denied transaction may request a statement of specific reasons for the denial within 90 days of the denial. (b) The affected party may request the statement from a customer service representative or designated account representative by phone, mail, or electronic mail. (c) Unless otherwise prohibited by federal law, the issuer shall transmit the statement of specific reasons by mail and electronic mail, if known to the issuer, within 30 days of receiving the affected party's request. (d) The statement of specific reasons shall include: (i) a detailed explanation of the denial, restriction, or termination of service, including a description of the basis of the programmable money issuer's denial, restriction, or termination of service; (ii) a copy of the terms of service agreed to by the person and the issuer; (iii) a citation to the specific provisions of the terms of service upon which the issuer relied to refuse to provide, restrict, or terminate service; and (iv) a phone number, email address, and physical address, where the requesting party can receive further information, if needed. (4) Each denial or failed transaction not justified by Subsection (5) constitutes a separate offense. (5) This section does not prohibit an issuer of programmable money from declining a transaction that constitutes a criminal offense or payment for a criminal act.