reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 306 - Evidence to be considered in determining cause to relocate or establish a new franchised dealership.

Effective 5/12/2015
13-14-306.
Evidence to be considered in determining cause to relocate or establish a new franchised dealership.
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 advisory board and the executive director shall consider:
(1) the amount of business transacted by other franchisees of the same line-make in that relevant market area, as compared to business available to the franchisees;
(2) the investment necessarily made and obligations incurred by other franchisees of the same line-make in that relevant market area in the performance of their part of their franchisee agreements;
(3) the permanency of the existing and proposed investment;
(4) whether it is injurious or beneficial to the public welfare or public interest for an additional franchise to be established, including:
(a) the impact on any affected municipality;
(b) population growth trends in any affected municipality;
(c) the number of dealerships in the primary market area of the new or relocated dealership compared to the number of dealerships in each primary market area adjacent to the new or relocated dealership's primary market area; and
(d) how the new or relocated dealership would impact the distance and time that an individual in the new or relocated dealership's primary market area would have to travel to access a dealership in the same line-make as the new or relocated dealership.
(5) whether the franchisees of the same line-make in that relevant market area are providing adequate service to consumers for the motor vehicles of the line-make, which shall include the adequacy of:
(a) the motor vehicle sale and service facilities;
(b) equipment;
(c) supply of vehicle parts; and
(d) qualified service personnel; and
(6) whether the relocation or establishment would cause any material negative economic effect on a dealer of the same line-make in the relevant market area.
Amended by Chapter 268, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 308 - Private right of action.

13-14-308.
Private right of action.
(1) A franchisee has a private right of action for actual damages and reasonable attorney fees against a franchisor for a violation of this chapter that results in damage to the franchisee.
(2)
(a) As used in this Subsection (2):
(i) "New franchisor" has the same meaning as defined in Section 13-14-302.5.
(ii) "Reinstated franchise" has the same meaning as defined in Section 13-14-302.5.
(iii) "Reinstated franchisee" has the same meaning as defined in Section 13-14-302.5.
(b) A reinstated franchisee has a private right of action for actual damages and reasonable attorney fees against a new franchisor if:
(i) the new franchisor:
(A) establishes a new franchisee of the same line-make as a line-make of the reinstated franchisee within the relevant market area of the reinstated franchisee; or
(B) adds a line-make to another franchisor's existing franchisee within the relevant market area of the reinstated franchisee that is the same line-make as a line-make of the reinstated franchisee; and
(ii) the franchisor's action under Subsection (2)(b)(i) causes a substantial diminution in value of the reinstated franchisee's reinstated franchise.
(c) A new franchisor may not be held liable under Subsection (2)(b) based on a franchisee's purchase of another existing franchise, both of which are within the relevant market area of a reinstated franchisee, for the purpose of combining the purchased franchise with the franchise of the purchasing franchisee.
Amended by Chapter 41, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 309 - Change in distribution plan.

13-14-309.
Change in distribution plan.
If there is a change in the plan of distribution of a line make that contemplates a continuation of that line make in the state, a manufacturer or distributor may not directly or indirectly, through the action of any parent of the manufacturer or distributor, subsidiary of the manufacturer or distributor, or common entity cause a termination, cancellation, or nonrenewal of a dealer franchise agreement by a present or previous manufacturer or distributor unless, by the effective date of the action the manufacturer or distributor offers the new motor vehicle dealer whose dealer franchise agreement is terminated, cancelled, or not renewed, a dealer franchise agreement that is substantially similar to the dealer franchise agreement that existed with the previous manufacturer or distributor allowing the dealer to represent the line make under the new plan of distribution.
Enacted by Chapter 362, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14 - New Automobile Franchise Act › Part 3 - Restrictions on Termination, Relocation, and Establishment of Franchises › Section 310 - Reporting requirement.

Effective 5/9/2017
13-14-310.
Reporting requirement.
By September 1 of each year, the advisory board shall submit, in accordance with Section 68-3-14, an annual written report to the Business and Labor Interim Committee that, for the fiscal year immediately preceding the day on which the report is submitted, describes:
(1) the number of applications for a new or relocated dealership that the advisory board received; and
(2) for each application described in Subsection (1):
(a) the number of protests that the advisory board received;
(b) whether the advisory board conducted a hearing;
(c) if the advisory board conducted a hearing, the disposition of the hearing; and
(d) the basis for any disposition described in Subsection (2)(c).
Amended by Chapter 18, 2017 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14a - Equipment Repurchase from Retail Dealers › Section 1 - Definitions.

13-14a-1.
Definitions.
(1)
(a) "Dealer" means any person, firm, or corporation engaged in the business of selling and retailing farm equipment, implements, utility and light industrial equipment, attachments, or repair parts, and includes retailers of yard and garden equipment not primarily engaged in the farm equipment business.
(b) "Dealer" does not include:
(i) a person who is engaged in the business of sales and service of heavy industrial or construction equipment; or
(ii) a person, firm, or corporation who serves as the dealer for a membership group purchasing program.
(2) "Independent wholesaler" means a person, firm, or corporation who stocks inventory for resale to retail dealers and who holds title to that inventory.
(3) "Manufacturer" means any person, firm, or corporation engaged in the business of manufacturing and distributing for retail sale farm implements, machinery, utility and light industrial equipment, attachments, or repair parts, and includes manufacturers of yard and garden equipment not primarily intended for farm use.
(4) "Parts inventory" means repair parts held for resale and used to service farm implements, machinery, attachments, utility and light industrial equipment, and yard and garden equipment.
(5) "Sales agreement" means a written, verbal, or implied on-going agreement between a dealer and a manufacturer or wholesaler under which the dealer agrees to sell at retail those items supplied by the manufacturer or wholesaler. "Sales agreement" can include an assignment of an exclusive sales area by the manufacturer or wholesaler or the filing of UCC security documents by the manufacturer or wholesaler.
(6) "Wholegoods" or "wholegoods inventory" means assembled or complete units of farm implements, machinery, utility and light industrial equipment, and yard and garden equipment and includes assembled or complete attachments.
(7) "Wholesaler" as an entity's business or as the context requires may mean:
(a) an independent wholesaler engaged in the business of distributing for retail sale the items listed in Subsection (4) or (6), that is obligated under Section 13-14a-2 to accept new and unsold wholegoods and parts from retailers on behalf of the manufacturer, but the obligation of the wholesaler may not exceed the obligation of the manufacturer; or
(b) a dealer, as defined in Subsection (1), who in addition to retailing distributes equipment at the wholesale level.
Amended by Chapter 317, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14a - Equipment Repurchase from Retail Dealers › Section 3 - Right of return on death of dealer -- Continuation of business by heirs or survivors -- Right to sell business.

13-14a-3.
Right of return on death of dealer -- Continuation of business by heirs or survivors -- Right to sell business.
(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.
Amended by Chapter 317, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14a - Equipment Repurchase from Retail Dealers › Section 4 - Termination of retailing agreement at will.

13-14a-4.
Termination of retailing agreement at will.
Any retailing agreement between a dealer and a manufacturer or wholesaler that is entered into or renewed after May 1, 1989, shall terminate at will, notwithstanding any agreement or law to the contrary, upon written notice of termination from the dealer. Any right arising from a prior breach of the contract survives a termination under this section.
Enacted by Chapter 63, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14a - Equipment Repurchase from Retail Dealers › Section 5 - Notice or consent required before changing terms of retailing agreement -- Limitations on pledge of personal assets -- Cancellation of retailing agreement.

13-14a-5.
Notice or consent required before changing terms of retailing agreement -- Limitations on pledge of personal assets -- Cancellation of retailing agreement.
(1) Each manufacturer, wholesaler, financing subsidiary or division of the manufacturer, or any independent lender shall give the dealer prior written notice and obtain the dealer's consent before:
(a) changing either the time or manner of payment;
(b) making any changes in notes or security;
(c) adding or releasing guarantors; or
(d) granting extensions or renewals in payment schedules on any contract that is executed by the dealer in behalf of and in the name of any third purchaser of goods or services in which the dealer is obligated to assume contingent liability for the repurchase of that contract upon default by that third party.
(2) A person who signs a security agreement or guarantee agreement with a manufacturer or wholesaler may not be required to pledge or encumber his personal assets in a value in excess of the amount of the indebtedness secured.
(3) If any manufacturer or wholesaler fails to give notice or obtain consent under Subsection (1), or fails to comply with Subsection (2), the guarantee or security agreement affected is considered cancelled and terminated.
Enacted by Chapter 63, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14a - Equipment Repurchase from Retail Dealers › Section 6 - Security interest of wholesaler or manufacturer not affected.

13-14a-6.
Security interest of wholesaler or manufacturer not affected.
This chapter may not be construed to affect in any way any security interest that the wholesaler or manufacturer may have in the inventory of the dealer. The retailer, manufacturer, or wholesaler may furnish a representative to inspect all parts and certify their acceptability when packed for shipment.
Amended by Chapter 185, 2002 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14a - Equipment Repurchase from Retail Dealers › Section 7 - Attorneys' fees and court costs -- Punitive damages.

13-14a-7.
Attorneys' fees and court costs -- Punitive damages.
The court, in any action to compel compliance with this chapter, shall award costs and reasonable attorneys' fees to the prevailing party. The court may award punitive damages.
Amended by Chapter 317, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14a - Equipment Repurchase from Retail Dealers › Section 8 - Contractual right of return -- Election of penalties.

13-14a-8.
Contractual right of return -- Election of penalties.
If the agreement between a dealer and a manufacturer or wholesaler confers rights and duties covering the return of wholegoods and parts inventories upon termination of the agreement, the dealer may elect to proceed under the agreement. The dealer is not considered to have made this election to the extent that the rights and duties conferred by this chapter exceed those conferred by the sales agreement.
Enacted by Chapter 63, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14a - Equipment Repurchase from Retail Dealers › Section 9 - Continuing obligation of manufacturer or wholesaler.

13-14a-9.
Continuing obligation of manufacturer or wholesaler.
(1) If a manufacturer or wholesaler is purchased by or merges with another company, the purchasing or surviving entity shall bear all of the responsibilities of the original or purchased manufacturer or wholesaler under this chapter.
(2) If a manufacturer sells a product line, the purchasing entity bears the responsibility of repurchase.
(3) In the case of a wholesaler who discontinues representing a line for any reason, the manufacturer of that line bears the responsibility to repurchase.
Amended by Chapter 317, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14b - Uniform Equipment Dealers Warranty Reimbursement Act › Section 102 - Definitions.

13-14b-102.
Definitions.
As used in this chapter:
(1) "Audit" means a review by a supplier of a dealer's warranty claims records.
(2) "Current net price" means the price charged to a dealer for repair parts as listed in the printed price list or catalog or invoice of the supplier in effect at the time a warranty claim is submitted.
(3) "Dealer agreement" means an oral or written contract or an agreement of definite or indefinite duration, between a supplier and an equipment dealer that authorizes or requires the equipment dealer to perform services or supply parts under a warranty, or to do both.
(4) "Equipment dealer" or "dealer" means a person or any other entity having a dealer agreement for selling and retailing:
(a) agricultural equipment;
(b) dairy and farmstead mechanization equipment;
(c) construction, utility, and industrial equipment;
(d) outdoor power equipment;
(e) lawn and garden equipment; or
(f) attachments or repair parts for equipment listed in Subsections (4)(a) through (e).
(5)
(a) "Supplier" means a person or any other entity engaged in the manufacturing, assembly, or wholesale distribution of an item listed in Subsections (4)(a) through (f).
(b) "Supplier" includes:
(i) any successor in interest, including a purchaser of assets or stock; and
(ii) a surviving corporation resulting from a merger, liquidation, or reorganization of the original supplier that issued the warranty.
(6) "Warranty claim" means a claim for payment submitted by an equipment dealer to a supplier for service or parts, or both, provided to a customer under a:
(a) warranty issued by the supplier; or
(b) recall or modification order issued by the supplier.
Enacted by Chapter 225, 2003 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14b - Uniform Equipment Dealers Warranty Reimbursement Act › Section 104 - Audits.

13-14b-104.
Audits.
(1) A supplier may not audit a dealer's records concerning any paid warranty claim that was submitted to the supplier more than one year before the day on which the audit begins, except where an audit of records made within the one-year time period shows fraudulent claims, in which case this provision does not apply.
(2)
(a) After payment or rejection of a warranty claim under Subsection 13-14b-103(2), a supplier may not audit a warranty claim more than once.
(b) Subsection (2)(a) may not prevent a supplier from requiring additional information from a dealer if an initial audit finds potential errors, fraud, or inconsistencies.
Enacted by Chapter 225, 2003 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 14b - Uniform Equipment Dealers Warranty Reimbursement Act › Section 105 - Relief.

13-14b-105.
Relief.
(1) A dealer may bring an action in a court of competent jurisdiction to obtain payment of a warranty claim submitted under this chapter to a supplier if a supplier:
(a) fails to make payment in accordance with the provisions of this chapter;
(b) wrongfully rejects the dealer's warranty claim; or
(c) violates any other provision of this chapter.
(2) The court shall award the dealer costs and reasonable attorney's fees if it finds that the supplier has committed a violation under Subsection (1)(a), (b), or (c).
Enacted by Chapter 225, 2003 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 15 - Business Opportunity Disclosure Act › Part 2 - Seller Duties › Section 201 - Required filings -- Fees -- Rulemaking.

Effective 5/4/2022
13-15-201.
Required filings -- Fees -- Rulemaking.
(1)
(a) Except as provided in Subsection (2), before a person may act as a seller in the state, the person shall obtain a proof of disclosure receipt from the division.
(b) To obtain a proof of disclosure receipt from the division, a person shall:
(i) file with the division a disclosure statement that complies with Section 13-15-202; and
(ii) pay a filing fee as determined by the division in accordance with Section 63J-1-504.
(c) A proof of disclosure receipt is valid for one year after the day on which the division issues the receipt.
(d) To renew a proof of disclosure receipt, a seller shall comply with the provisions of Subsection (1)(b) at least 30 days before the day on which the seller's current proof of disclosure receipt expires.
(2)
(a) Before a person offers for sale or sells a franchise to be located in the state or to a resident of the state, the person shall obtain a proof of notice receipt from the division.
(b) To obtain a proof of notice receipt from the division, a person shall:
(i) file with the division a notice that states:
(A) the franchisor is in substantial compliance with the requirements of the Federal Trade Commission rule found at Title 16, Chapter I, Subchapter d, Trade Regulation Rules, Part 436, Disclosure Requirements and Prohibitions Concerning Franchising;
(B) the name of the applicant;
(C) the name of the franchise;
(D) the name under which the applicant intends to transact or transacts business, if different than the name of the franchise;
(E) the address of the applicant's principal place of business; and
(F) the applicant's state-issued business entity number or other government-issued, publicly available identifying number; and
(ii) pay a filing fee determined by the division in accordance with Section 63J-1-504, not to exceed $100.
(c) A seller who does not qualify for a proof notice receipt under this Subsection (2) is subject to Subsection (1).
(d) A proof of notice receipt is valid for one year after the day on which the division issues the receipt.
(e) To renew a proof of notice receipt, a person offering for sale or selling a franchise to be located in the state or to a resident of the state, shall comply with the provisions of Subsection (2)(b) at least 30 days before the day on which the person's current proof of notice receipt expires.
(3) The division shall deposit all fees collected under this section into the Commerce Service Account created in Section 13-1-2.
(4) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of this section.
Enacted by Chapter 243, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 15 - Business Opportunity Disclosure Act › Part 2 - Seller Duties › Section 203 - Disclosure statement furnished to purchaser -- Additional nondeceptive information permitted.

Effective 5/4/2022
13-15-203.
Disclosure statement furnished to purchaser -- Additional nondeceptive information permitted.
(1) A seller shall provide the disclosure statement described under Section 13-15-202 to a prospective purchaser at least 10 business days before the day on which the earlier of the following occurs:
(a) the prospective purchaser executes an agreement imposing a binding legal obligation on the prospective purchaser in connection with the seller's sale or proposed sale of a business opportunity; or
(b) the prospective purchaser makes a payment or provides consideration in connection with the seller's sale or proposed sale of a product or business opportunity.
(2) A seller may provide a prospective purchaser nondeceptive information apart from the disclosure statement described in Section 13-15-202, if the information does not contradict the information required in the disclosure statement.
Renumbered and Amended by Chapter 243, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 15 - Business Opportunity Disclosure Act › Part 3 - Enforcement › Section 301 - Administration and enforcement -- Powers -- Legal counsel -- Fees.

Effective 5/4/2022
13-15-301.
Administration and enforcement -- Powers -- Legal counsel -- Fees.
(1) The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.
(2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of the division's responsibilities under this chapter.
(3)
(a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:
(i) the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; and
(ii) the division may bring an action in a court of competent jurisdiction to enforce a provision of this chapter.
(b) In a court action by the division to enforce a provision of this chapter, the court may:
(i) declare that an act or practice violates a provision of this chapter;
(ii) issue an injunction for a violation of this chapter;
(iii) order disgorgement of any money received in violation of this chapter;
(iv) order payment of disgorged money to an injured purchaser or consumer;
(v) impose a fine of up to $2,500 for each violation of this chapter; or
(vi) award any other relief that the court deems reasonable and necessary.
(4) If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division:
(a) reasonable attorney fees;
(b) court costs; and
(c) investigative fees.
(5)
(a) A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation.
(b) A civil penalty authorized under this section may be imposed in any civil action brought by the attorney general on behalf of the division.
(6) All money received for the payment of a fine or civil penalty imposed under this section shall be deposited into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Renumbered and Amended by Chapter 243, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 15 - Business Opportunity Disclosure Act › Part 3 - Enforcement › Section 302 - Private right of action.

Effective 5/4/2022
13-15-302.
Private right of action.
(1) A purchaser may bring an action in a court of competent jurisdiction against a seller who does not comply with this chapter.
(2) If a court of competent jurisdiction finds that a seller violated this chapter, a purchaser who brings an action under Subsection (1) is entitled to:
(a) rescission of the contract;
(b) an award of reasonable attorney fees and costs of court in an action to enforce the right of rescission; and
(c) an amount equal to the greater of:
(i) actual damages; or
(ii) $2,000.
Renumbered and Amended by Chapter 243, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 15 - Business Opportunity Disclosure Act › Part 4 - Miscellaneous › Section 401 - Consumer complaints.

Effective 5/4/2022
13-15-401.
Consumer complaints.
(1) As used in this section, "consumer complaint" means a complaint that:
(a) a consumer or business files with the division;
(b) alleges facts relating to conduct that the division regulates under this chapter; and
(c)
(i) alleges a loss to the consumer or business described in Subsection (1)(a) of $3,500 or more; or
(ii) is one of at least 50 complaints filed with the division:
(A) against the same person; and
(B) during the four-year period immediately before the day on which the consumer or business described in Subsection (1)(a) files the complaint.
(2) For purposes of determining the number of complaints against the same person under Subsection (1)(c)(ii)(A), the division may consider complaints filed against multiple corporations, limited liability companies, partnerships, or other business entities under common ownership to be complaints against the same person.
(3) Notwithstanding Subsection 13-11-7(2) and subject to Subsections (4) and (5), a consumer complaint:
(a) is a public record; and
(b) may not be classified as a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act.
(4) Subsection (3) does not apply to a consumer complaint:
(a) that is nonmeritorious, beginning the day on which:
(i) the division determines through an administrative proceeding that the consumer complaint is nonmeritorious; or
(ii) a court of competent jurisdiction finds the complaint nonmeritorious; or
(b) that is on file with the division for more than four years after the day on which the person files the complaint.
(5) Before making a consumer complaint that is subject to Subsection (3) or a response described in Subsection (6) available to the public, the division:
(a) shall redact from the consumer complaint and the seller's response any information that would disclose:
(i) the consumer or seller's:
(A) address;
(B) social security number;
(C) bank account information;
(D) email address; or
(E) telephone number; or
(ii) information similar in nature to the information described in Subsection (5)(a)(i); and
(b) may redact the name of the consumer or business and any other information that could, in the division's judgment, disclose the identity of the consumer or business filing the consumer complaint.
(6) A seller's initial, written response to a consumer complaint that is subject to Subsection (3) is a public record.
Enacted by Chapter 243, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 19 - Shopping Cart Retrieval Business › Section 1 - Definition.

13-19-1.
Definition.
As used in this section, "shopping cart retrieval business" means the business of searching for, gathering, and restoring possession to the merchant or owner, for compensation or in expectation of compensation, of shopping carts located outside the premises of a retail mercantile establishment.
Enacted by Chapter 22, 1983 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 19 - Shopping Cart Retrieval Business › Section 2 - Written authorization required.

13-19-2.
Written authorization required.
Every person who engages in the shopping cart retrieval business shall retain records, showing written authorization from the merchant or owner to retrieve the carts and to be in possession of those carts retrieved, and shall maintain a copy of that authorization in any vehicle utilized for that retrieval.
Enacted by Chapter 22, 1983 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 19 - Shopping Cart Retrieval Business › Section 3 - Violation an infraction.

Effective 5/3/2023
13-19-3.
Violation an infraction.
Notwithstanding the penalty provisions of Title 76, Chapter 6, Part 6, Retail Theft, a violation of this chapter is an infraction.
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 20 - New Motor Vehicle Warranties Act › Section 2 - Definitions.

13-20-2.
Definitions.
As used in this chapter:
(1) "Consumer" means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5.
(2) "Manufacturer" means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle.
(3) "Motor home" means a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational, and vacation use.
(4)
(a) "Motor vehicle" includes:
(i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis sold in this state;
(ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and
(iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is designed primarily for use and operation on paved highways.
(b) "Motor vehicle" does not include:
(i) those portions of a motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial space;
(ii) a road tractor or truck tractor as defined in Section 41-1a-102;
(iii) a mobile home as defined in Section 41-1a-102;
(iv) any motor vehicle with a gross laden weight of over 12,000 pounds, except:
(A) a motor home as defined under Subsection (3); and
(B) a farm tractor as defined in Section 41-1a-102;
(v) a motorcycle, as defined in Section 41-1a-102, if the motorcycle is designed primarily for use or operation over unimproved terrain;
(vi) an electric assisted bicycle as defined in Section 41-6a-102;
(vii) a moped as defined in Section 41-6a-102;
(viii) a motor assisted scooter as defined in Section 41-6a-102; or
(ix) a motor-driven cycle as defined in Section 41-6a-102.
(5) "Recreational vehicle trailer" means a travel trailer, camping trailer, or fifth wheel trailer.
Amended by Chapter 124, 2013 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 20 - New Motor Vehicle Warranties Act › Section 3 - Nonconforming motor vehicles -- Repairs.

13-20-3.
Nonconforming motor vehicles -- Repairs.
If a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of the express warranties or during the one-year period following the date of original delivery of the motor vehicle to a consumer, whichever is earlier, the manufacturer, its agent, or its authorized dealer shall make repairs necessary to conform the vehicle to the express warranties, whether or not these repairs are made after the expiration of the warranty term or the one-year period.
Enacted by Chapter 168, 1985 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 20 - New Motor Vehicle Warranties Act › Section 4 - Nonconforming motor vehicles -- Replacement -- Refund -- Criteria -- Defenses.

13-20-4.
Nonconforming motor vehicles -- Replacement -- Refund -- Criteria -- Defenses.
(1) If the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition that substantially impairs the use, market value, or safety of the motor vehicle after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the full purchase price including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. Refunds shall be made to the consumer, and any lienholders or lessors as their interests may appear.
(2) A reasonable allowance for use is that amount directly attributable to use by the consumer prior to his first report of the nonconformity to the manufacturer, its agent, or its authorized dealer, and during any subsequent period when the vehicle is not out of service because of repair.
(3) Upon receipt of any refund or replacement under Subsection (1), the consumer, lienholder, or lessor shall furnish to the manufacturer clear title to and possession of the motor vehicle.
(4) It is an affirmative defense to any claim under this chapter:
(a) that an alleged nonconformity does not substantially impair the consumer's use of the motor vehicle and does not substantially impair the market value or safety of the motor vehicle; or
(b) that an alleged nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle by a consumer.
Amended by Chapter 249, 1990 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 20 - New Motor Vehicle Warranties Act › Section 5 - Reasonable number of attempts to conform.

13-20-5.
Reasonable number of attempts to conform.
(1) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if:
(a) the same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the express warranty term or during the one-year period following the date of original delivery of the motor vehicle to a consumer, whichever is earlier, but the nonconformity continues to exist; or
(b) the vehicle is out of service to the consumer because of repair for a cumulative total of 30 or more business days during the warranty term or during the one-year period, whichever is earlier.
(2) The term of an express warranty, the one-year period, and the 30-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
Enacted by Chapter 168, 1985 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 20 - New Motor Vehicle Warranties Act › Section 6 - Enforcement -- Limited liability of dealer -- No limit on other rights or remedies.

13-20-6.
Enforcement -- Limited liability of dealer -- No limit on other rights or remedies.
(1) The Division of Consumer Protection shall, or a consumer may, enforce the rights created under this chapter. An action may be commenced by a consumer only after the claim has been investigated and evaluated by the division.
(2) This chapter may not be interpreted as imposing any liability on an authorized dealer or creating a cause of action by a consumer against a dealer under this chapter, except regarding any written express warranties made by the dealer apart from the manufacturer's own warranties.
(3) This chapter does not limit the rights or remedies which are otherwise available to a consumer under any other law.
(4) In an action initiated under this section by the consumer, the court may award attorneys' fees to the prevailing party.
Amended by Chapter 249, 1990 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 20 - New Motor Vehicle Warranties Act › Section 7 - Use of dispute settlement procedure.

13-20-7.
Use of dispute settlement procedure.
If a manufacturer has established an informal dispute settlement procedure which complies with Title 16, Code of Federal Regulations, Part 703, then Section 13-20-4 concerning refunds or replacement does not apply to any consumer who has not first resorted to this procedure.
Amended by Chapter 249, 1990 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 20 - New Motor Vehicle Warranties Act › Section 8 - Mediation concerning nonconformity in recreational vehicle trailer.

13-20-8.
Mediation concerning nonconformity in recreational vehicle trailer.
(1) An owner who purchases a new recreational vehicle trailer and the manufacturer of the recreational vehicle trailer shall engage in mediation concerning resolution of a nonconformity in the recreational vehicle trailer, as provided in this section, if:
(a) the owner notifies the manufacturer in writing of the nonconformity;
(b) the nonconformity is manifest in the structural or functional integrity of the roof, subfloor, or wall of the recreational vehicle trailer;
(c) following notification under Subsection (1)(a), the manufacturer makes at least four attempts to correct the nonconformity, but the nonconformity persists;
(d) following at least four attempts by the manufacturer to correct the nonconformity, the owner submits to the manufacturer a written request for mediation;
(e) the nonconformity substantially impairs the use, value, or safety of the recreational vehicle trailer; and
(f) the nonconformity does not include a defect or condition that occurs as a result of:
(i) the use of the recreational vehicle trailer for business or commercial purposes; or
(ii) abuse, neglect, modification, or alteration of the recreational vehicle trailer by a person other than the manufacturer or the manufacturer's authorized service agent.
(2) Mediation under this section shall:
(a) take place in the county in which the owner purchased the recreational vehicle trailer; and
(b) be conducted by the Consumer Arbitration Program for Recreation Vehicles.
(3) The manufacturer of the recreational vehicle trailer shall pay the cost of mediation.
(4) The failure of mediation to resolve an owner's concerns about an alleged nonconformity in the owner's recreational vehicle trailer does not impair or affect any right or remedy the owner otherwise has under the law.
Amended by Chapter 124, 2013 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 21 - Credit Services Organizations Act › Section 2 - Definitions -- Exemptions.

13-21-2.
Definitions -- Exemptions.
As used in this chapter:
(1) "Buyer" means an individual who is solicited to purchase or who purchases the services of a credit services organization.
(2) "Credit 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 consumer reports to third persons.
(3)
(a) "Credit services organization" means a person who represents that the person or an employee is a debt professional or credit counselor, or, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
(i) improving a buyer's credit record, history, or rating;
(ii) providing advice, assistance, instruction, or instructional materials to a buyer with regard to Subsection (3)(a)(i); or
(iii) debt reduction or debt management plans.
(b) "Credit services organization" does not include:
(i) a person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States and who derives at least 35% of the person's income from making loans and extensions of credit;
(ii) a depository institution:
(A) as defined in Section 7-1-103; or
(B) that is regulated or supervised by the Federal Deposit Insurance Corporation or the National Credit Union Administration;
(iii) a person licensed as a principal broker under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, if the person is acting within the course and scope of that license;
(iv) a person licensed to practice law in this state if:
(A) the person renders the services described in Subsection (3)(a) within the course and scope of the person's practice as an attorney; and
(B) the services described in Subsection (3)(a) are incidental to the person's practice as an attorney;
(v) a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker-dealer is acting within the course and scope of that regulation;
(vi) a credit reporting agency if the services described in Subsection (3)(a) are incidental to the credit reporting agency's services; or
(vii) a person who provides debt-management services and is required to be registered under Title 13, Chapter 42, Uniform Debt-Management Services Act.
(4) "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.
Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 21 - Credit Services Organizations Act › Section 3.5 - Registration and suspension of registration.

13-21-3.5.
Registration and suspension of registration.
(1) A credit services organization shall file an application for registration with the division before engaging in any activity regulated by this chapter. The application shall include:
(a) the name, complete address, and telephone number of the organization;
(b) the name of any person who owns or controls more than 5% of the organization, either directly or through another person or entity;
(c) the name of any individual who is responsible for the day-to-day operation of the organization;
(d)
(i) the case title, docket number, the names and addresses of all parties, and a detailed explanation of any administrative, civil, or criminal action in which the organization or any person identified in Subsection (1)(b) or (c) is a party to an administrative, civil, or criminal action that arose in this state or any other jurisdiction involving the offer to provide or the provision of services described in Section 13-21-2(3)(a); or
(ii) a notarized statement of the credit services organization's chief executive officer or principal that neither the organization nor any person identified in Subsection (1)(b) or (c) is a party to any administrative, civil, or criminal action described in Subsection (1)(d)(i);
(e) a detailed outline of the organization's credit services program to be offered in this state, including two copies of any contract, form, sales literature, or other relevant document that will be used by the organization; and
(f) a reasonable registration fee to be determined by the division.
(2) The division may deny, suspend, or revoke a registration under this chapter if:
(a) a credit services organization has engaged, or is engaging in a violation of this chapter; or
(b) a person described in Subsection (1)(b) or (c) has been found in an administrative, civil, or criminal action in any jurisdiction to have violated a law relating to the offer to provide or provision of the types of services described in Subsection 13-21-2(3)(a).
Enacted by Chapter 186, 1994 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 21 - Credit Services Organizations Act › Section 4 - Bond, letter of credit, or certificate of deposit -- Not required of agent if obtained by organization.

13-21-4.
Bond, letter of credit, or certificate of deposit -- Not required of agent if obtained by organization.
(1) If a credit services organization has obtained a bond, letter of credit, or certificate of deposit as set forth in Subsection 13-21-3(1) a salesperson, agent, or representative who sells the services of that organization is not required to post his own separate bond, letter of credit, or certificate of deposit.
(2) As used in this section, a person is not a salesperson, agent, or representative of a credit services organization unless:
(a) the person does business under the same name as the credit services organization; or
(b) the credit services organization and the issuer of the bond or letter of credit certify in writing that the bond or letter of credit covers the person.
Amended by Chapter 186, 1994 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 21 - Credit Services Organizations Act › Section 5 - Written information statement required.

13-21-5.
Written information statement required.
Before the execution of a contract or agreement between the buyer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the buyer with a statement in writing, containing all the information required by Section 13-21-6. The credit services organization shall maintain on file for a period of two years an exact copy of the statement, personally signed by the buyer, acknowledging receipt of a copy of the statement.
Enacted by Chapter 29, 1985 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 21 - Credit Services Organizations Act › Section 6 - Contents of statement.

13-21-6.
Contents of statement.
The information statement required under Section 13-21-5 shall include all of the following:
(1) a complete and accurate statement of the buyer's right to review any file on the buyer maintained by any credit reporting agency, as provided under 15 U.S.C. Sec. 1681 et seq., as amended, the Fair Credit Reporting Act;
(2) a statement that a review of the file on the buyer will be conducted free of charge by the credit reporting agency that issued a report upon which a credit denial was based, if requested within 30 days of the buyer receiving a notice of a denial of credit;
(3) the approximate price the buyer will be charged by a credit reporting agency for a copy of the file on the buyer;
(4) a complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by any credit reporting agency;
(5) a complete and detailed description of the services to be performed by the credit services organization for the buyer and the total amount the buyer will have to pay, or become obligated to pay, for the services;
(6) a statement asserting the buyer's right to proceed against the bond or trust account required under Section 13-21-3; and
(7) the name and address of the surety company which issued the bond, or the name and address of the depository and the trustee and the account number of the trust account.
Amended by Chapter 96, 1988 General Session