reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 127 - Periodic reports and retention of records.

13-42-127.
Periodic reports and retention of records.
(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).
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 129 - Notice of litigation.

13-42-129.
Notice of litigation.
No later than 30 days after a provider has been served with notice of a civil action for violation of this chapter by or on behalf of an individual who resides in this state at either the time of an agreement or the time the notice is served, the provider shall notify the administrator in a record that it has been sued.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 130 - Advertising.

13-42-130.
Advertising.
(1) If a provider whose agreements contemplate that creditors will reduce finance charges or fees for late payment, default, or delinquency advertises debt-management services, it shall disclose, in an easily comprehensible manner, that using a debt-management plan may make it harder for the individual to obtain credit.
(2) If a provider whose agreements contemplate that creditors will settle for less than the full principal amount of debt that advertises debt-management services, it shall disclose, in an easily comprehensible manner:
(a) the information specified in Subsections 13-42-117(4)(e) and (f); and
(b) the provider's settlement fee structure, consistent with the limitations of Section 13-42-123.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 131 - Provider liability for the conduct of other persons -- Prohibited conduct of person providing service to provider.

13-42-131.
Provider liability for the conduct of other persons -- Prohibited conduct of person providing service to provider.
(1) If a provider delegates any of its duties or obligations under an agreement or this chapter to another person, including an independent contractor, the provider is liable for conduct of the person which, if done by the provider, would violate the agreement or this chapter.
(2) A lead generator or other person that provides services to or for a provider may not engage in an unfair, unconscionable, or deceptive act or practice, including the knowing omission of any material information, with respect to an individual who the lead generator or other person has reason to believe is or may become a customer of the provider.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 132 - Powers of administrator.

13-42-132.
Powers of administrator.
(1) The administrator may act on its own initiative or in response to complaints and may receive complaints, take action to obtain voluntary compliance with this chapter, refer cases to the attorney general, and seek or provide remedies as provided in this chapter.
(2) The administrator may investigate and examine, in this state or elsewhere, by subpoena or otherwise, the activities, books, accounts, and records of a person that provides or offers to provide debt-management services, or a person to which a provider has delegated its obligations under an agreement or this chapter, to determine compliance with this chapter. Information that identifies individuals who have agreements with the provider may not be disclosed to the public. In connection with the investigation, the administrator may:
(a) charge the person the reasonable expenses necessarily incurred to conduct the examination;
(b) require or permit a person to file a statement under oath as to all the facts and circumstances of a matter to be investigated; and
(c) seek a court order authorizing seizure from a bank at which the person maintains an account contemplated by Section 13-42-122, any or all money, books, records, accounts, and other property of the provider that is in the control of the bank and relates to individuals who reside in this state.
(3) The administrator may adopt rules to implement the provisions of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4) The administrator may enter into cooperative arrangements with any other federal or state agency having authority over providers and may exchange with any of those agencies information about a provider, including information obtained during an examination of the provider.
(5) The administrator shall establish fees in accordance with Section 63J-1-504 to be paid by providers for the expense of administering this chapter.
(6) The administrator, by rule, shall adopt dollar amounts instead of those specified in Sections 13-42-102, 13-42-105, 13-42-109, 13-42-113, 13-42-123, 13-42-133, and 13-42-135 to reflect inflation, as measured by the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers or, if that index is not available, another index adopted by rule by the administrator. The administrator shall adopt a base year and adjust the dollar amounts, effective on July 1 of each year, if the change in the index from the base year, as of December 31 of the preceding year, is at least 10%. The dollar amount shall be rounded to the nearest $100, except that the amounts in Section 13-42-123 shall be rounded to the nearest dollar.
(7) The administrator shall notify registered providers of any change in dollar amounts made pursuant to Subsection (6) and make that information available to the public.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 133 - Administrative remedies.

13-42-133.
Administrative remedies.
(1) The administrator may enforce this chapter and rules adopted under this chapter by taking one or more of the following actions:
(a) ordering a provider, lead generator, person administering an account pursuant to Subsection 13-42-122(2), or director, employee, or other agent of a provider to cease and desist from any violations;
(b) ordering a provider, lead generator, person administering an account pursuant to Subsection 13-42-122(2), or person that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;
(c) subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6), imposing on a provider, lead generator, person administering an account pursuant to Subsection 13-42-122(2), or other person that violates or causes a violation an administrative fine not exceeding $10,000 for each violation;
(d) prosecuting a civil action to:
(i) enforce an order; or
(ii) obtain restitution or equitable relief, or both; or
(e) intervening in an action brought under Section 13-42-135.
(2) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6), if a person violates or knowingly authorizes, directs, or aids in the violation of a final order issued under Subsection (1)(a) or (b), the administrator may impose an administrative fine not exceeding $20,000 for each violation.
(3) The administrator may maintain an action to enforce this chapter in any county.
(4) The administrator may recover the reasonable costs of enforcing the chapter under Subsections (1) through (3), including attorney fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.
(5) In determining the amount of an administrative fine to impose under Subsection (1) or (2), the administrator shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public, the net worth of the violator, and any other factor the administrator considers relevant to the determination of the administrative fine.
(6) All money received through administrative fines imposed under this chapter shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 134 - Suspension, revocation, or nonrenewal of registration.

13-42-134.
Suspension, revocation, or nonrenewal of registration.
(1) In this section, "insolvent" means:
(a) having generally ceased to pay debts in the ordinary course of business other than as a result of good-faith dispute;
(b) being unable to pay debts as they become due; or
(c) being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. Sec. 101 et seq.
(2) The administrator may suspend, revoke, or deny renewal of a provider's registration if:
(a) a fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration;
(b) the provider has committed a material violation of this chapter or a rule or order of the administrator under this chapter;
(c) the provider is insolvent;
(d) the provider, an employee or affiliate of the provider, a lead generator for the provider, a person administering an account for the provider pursuant to Subsection 13-42-122(2), or a person to whom the provider has delegated its obligations under an agreement or this chapter has refused to permit the administrator to make an examination authorized by this chapter, failed to comply with Subsection 13-42-132(2)(b) no later than 15 days after request, or made a material misrepresentation or omission in complying with Subsection 13-42-132(2)(b); or
(e) the provider has not responded within a reasonable time and in an appropriate manner to communications from the administrator.
(3) If a provider becomes insolvent, the provider shall continue to provide debt-management services to an individual with whom the provider has an agreement until:
(a) with the administrator's approval, the provider transfers the agreement to another registered provider; or
(b) the provider returns to the individual all unexpended money that is under the provider's control.
(4) If a provider does not comply with Subsection 13-42-122(8) or if the administrator otherwise finds that the public health or safety or general welfare requires emergency action, the administrator may order a summary suspension of the provider's registration, effective on the date specified in the order.
(5) If the administrator suspends, revokes, or denies renewal of the registration of a provider, the administrator may seek a court order authorizing seizure of any or all of the money in a trust account required by Section 13-42-122, books, records, accounts, and other property of the provider which are located in this state.
(6) If the administrator suspends or revokes a provider's registration, the provider may appeal and request a hearing pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 135 - Private enforcement.

13-42-135.
Private enforcement.
(1) If an individual voids an agreement pursuant to 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 pursuant to the agreement, except amounts paid to creditors, in addition to the recovery under Subsections (3)(c) and (d).
(2) If an individual voids an agreement pursuant to 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 made by the individual 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 caused 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 pursuant to 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 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 reasonably adapted to avoid the error. An error of legal judgment with respect to a provider's obligations under this chapter is not a good-faith error. If, in connection with a violation, the provider has received 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 of learning of the violation.
(6) The administrator 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.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 136 - Violation of Consumer Sales Practices Act.

13-42-136.
Violation of Consumer Sales Practices Act.
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.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 137 - Statute of limitations -- Tolling.

Effective 5/8/2018
13-42-137.
Statute of limitations -- Tolling.
The period prescribed in Subsection 13-2-6(6) is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this chapter to be disclosed to the individual, if the information so misrepresented is material to the establishment of the liability of the defendant under this chapter.
Amended by Chapter 276, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 138 - Uniformity of application and construction.

13-42-138.
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 139 - Relation to Electronic Signatures in Global and National Commerce Act.

13-42-139.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 140 - Transitional provisions -- Application to existing transactions.

13-42-140.
Transitional provisions -- Application to existing transactions.
(1) Transactions entered into before July 1, 2007 and the rights, duties, and interests resulting from them may be completed, terminated, or enforced as required or permitted by a law amended, repealed, or modified by this chapter as though the amendment, repeal, or modification had not occurred.
(2)
(a) A person registered under Chapter 21, Credit Services Organizations Act, on June 30, 2007, that is required to be registered under this chapter on July 1, 2007, shall be considered to be registered under this chapter until the license in effect on June 30, 2007, expires.
(b) Notwithstanding Subsection (2)(a), except for the registration requirement, a person subject to this chapter shall comply with this chapter for any transaction entered into on or after July 1, 2007.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 141 - Severability.

13-42-141.
Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 43 - Property Rights Ombudsman Act › Part 1 - General Provisions › Section 102 - Definitions.

13-43-102.
Definitions.
As used in this chapter:
(1) "Constitutional taking" or "taking" means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
(a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution Article I, Section 22.
(2) "Takings and eminent domain law" means the provisions of the federal and state constitutions, the case law interpreting those provisions, and any relevant statutory provisions that:
(a) involve constitutional issues arising from the use or ownership of real property;
(b) require a governmental unit to compensate a real property owner for a constitutional taking; or
(c) provide for relocation assistance to those persons who are displaced by the use of eminent domain.
Enacted by Chapter 258, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 43 - Property Rights Ombudsman Act › Part 2 - Office of the Property Rights Ombudsman › Section 201 - Office of the Property Rights Ombudsman.

13-43-201.
Office of the Property Rights Ombudsman.
(1) There is created an Office of the Property Rights Ombudsman in the Department of Commerce.
(2) The executive director of the Department of Commerce, with the concurrence of the Land Use and Eminent Domain Advisory Board created in Section 13-43-202, shall appoint attorneys with background or expertise in takings, eminent domain, and land use law to fill legal positions within the Office of the Property Rights Ombudsman.
(3) A person appointed under this section is an exempt employee.
(4) An attorney appointed under this section is an at-will employee who may be terminated without cause by:
(a) the executive director of the Department of Commerce; or
(b) an action of the land Use and Eminent Domain Advisory Board.
Enacted by Chapter 258, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 43 - Property Rights Ombudsman Act › Part 2 - Office of the Property Rights Ombudsman › Section 205 - Advisory opinion.

Effective 5/13/2014
13-43-205.
Advisory opinion.
(1) A local government, private entity, or a potentially aggrieved person may, in accordance with Section 13-43-206, request a written advisory opinion:
(a) from a neutral third party to determine compliance with:
(i) Section 10-9a-505.5 and Sections 10-9a-507 through 10-9a-511;
(ii) Section 17-27a-505.5 and Sections 17-27a-506 through 17-27a-510; and
(iii)Title 11, Chapter 36a, Impact Fees Act; and
(b) at any time before:
(i) a final decision on a land use application by a local appeal authority under Title 11, Chapter 36a, Impact Fees Act, or Section 10-9a-708 or 17-27a-708;
(ii) the deadline for filing an appeal with the district court under Title 11, Chapter 36a, Impact Fees Act, or Section 10-9a-801 or 17-27a-801, if no local appeal authority is designated to hear the issue that is the subject of the request for an advisory opinion; or
(iii) the enactment of an impact fee, if the request for an advisory opinion is a request to review and comment on a proposed impact fee facilities plan or a proposed impact fee analysis as defined in Section 11-36a-102.
(2) A private property owner may, in accordance with Section 13-43-206, request a written advisory opinion from a neutral third party to determine if a condemning entity:
(a) is in occupancy of the owner's property;
(b) is occupying the property:
(i) for a public use authorized by law; and
(ii) without colorable legal or equitable authority; and
(c) continues to occupy the property without the owner's consent, the occupancy would constitute a taking of private property for a public use without just compensation.
(3) An advisory opinion issued under Subsection (2) may justify an award of attorney fees against a condemning entity in accordance with Section 13-43-206 only if the court finds that the condemning entity:
(a) does not have a colorable claim or defense for the entity's actions; and
(b) continued occupancy without payment of just compensation and in disregard of the advisory opinion.
Amended by Chapter 59, 2014 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 44 - Protection of Personal Information Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/14/2019
13-44-102.
Definitions.
As used in this chapter:
(1)
(a) "Breach of system security" means an unauthorized acquisition of computerized data maintained by a person that compromises the security, confidentiality, or integrity of personal information.
(b) "Breach of system security" does not include the acquisition of personal information by an employee or agent of the person possessing unencrypted computerized data unless the personal information is used for an unlawful purpose or disclosed in an unauthorized manner.
(2) "Consumer" means a natural person.
(3) "Financial institution" means the same as that term is defined in 15 U.S.C. Sec. 6809.
(4)
(a) "Personal information" means a person's first name or first initial and last name, combined with any one or more of the following data elements relating to that person when either the name or date element is unencrypted or not protected by another method that renders the data unreadable or unusable:
(i) Social Security number;
(ii)
(A) financial account number, or credit or debit card number; and
(B) any required security code, access code, or password that would permit access to the person's account; or
(iii) driver license number or state identification card number.
(b) "Personal information" does not include information regardless of its source, contained in federal, state, or local government records or in widely distributed media that are lawfully made available to the general public.
(5) "Record" includes materials maintained in any form, including paper and electronic.
Amended by Chapter 348, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 44 - Protection of Personal Information Act › Part 1 - General Provisions › Section 103 - Applicability.

Effective 5/14/2019
13-44-103.
Applicability.
This chapter does not apply to a financial institution or an affiliate, as defined in 15 U.S.C. Sec. 6809, of a financial institution.
Enacted by Chapter 348, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 44 - Protection of Personal Information Act › Part 2 - Protection of Personal Information › Section 201 - Protection of personal information.

Effective 5/14/2019
13-44-201.
Protection of personal information.
(1) Any person who conducts business in the state and maintains personal information shall implement and maintain reasonable procedures to:
(a) prevent unlawful use or disclosure of personal information collected or maintained in the regular course of business; and
(b) destroy, or arrange for the destruction of, records containing personal information that are not to be retained by the person.
(2) The destruction of records under Subsection (1)(b) shall be by:
(a) shredding;
(b) erasing; or
(c) otherwise modifying the personal information to make the information indecipherable.
Amended by Chapter 348, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 45 - Consumer Credit Protection Act › Part 2 - Security Freeze › Section 202 - Removal of security freeze -- Requirements and timing.

Effective 5/8/2018
13-45-202.
Removal of security freeze -- Requirements and timing.
(1) A consumer reporting agency shall remove a security freeze from a consumer's credit report only if:
(a)
(i) the consumer reporting agency receives the consumer's request through the contact method established and required in accordance with Subsection 13-45-201(5); and
(ii) the consumer reporting agency receives the consumer's proper identification or unique personal identifier; or
(b) the consumer makes a material misrepresentation of fact in connection with the placement of the security freeze and the consumer reporting agency notifies the consumer in writing before removing the security freeze.
(2) A consumer reporting agency shall temporarily remove a security freeze upon receipt of:
(a) the consumer's request through the contact method established by the consumer reporting agency in accordance with Subsection 13-45-201(5);
(b) the consumer's proper identification or unique personal identifier; and
(c) a specific designation of the period of time for which the security freeze is to be removed.
(3) A consumer reporting agency shall remove or temporarily remove a security freeze from a consumer's credit report within:
(a) three business days after the business day on which the consumer's written request to remove the security freeze is received by the consumer reporting agency at the postal address chosen by the consumer reporting agency in accordance with Subsection 13-45-201(5)(b)(i); or
(b) 15 minutes after the consumer's request is received by the consumer reporting agency through a contact method described in Subsection 13-45-201(5)(b)(ii) or (iii), and includes the consumer's unique personal identifier.
(4)
(a) The time requirement described in Subsection (3)(b) does not apply if the consumer reporting agency's ability to remove the security freeze is prevented by:
(i) an act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomena;
(ii) unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence;
(iii) operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption;
(iv) governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives;
(v) regularly scheduled maintenance, during other than normal business hours, of, or updates to, the consumer reporting agency's systems; or
(vi) commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled.
(b) In the event of a circumstance described in Subsection (4)(a), the consumer reporting agency shall remove the security freeze as soon as practicable.
Amended by Chapter 36, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 45 - Consumer Credit Protection Act › Part 2 - Security Freeze › Section 204 - Fees for security freeze.

Effective 5/8/2018
13-45-204.
Fees for security freeze.
(1) A consumer reporting agency may not charge a fee for placing, removing, or temporarily removing a security freeze.
(2) A consumer reporting agency may not charge a fee to download or install a mobile application through which a person places or removes a security freeze.
Amended by Chapter 36, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 45 - Consumer Credit Protection Act › Part 2 - Security Freeze › Section 205 - Changes to information in a credit report subject to a security freeze.

13-45-205.
Changes to information in a credit report subject to a security freeze.
(1) If a credit report is subject to a security freeze, a consumer reporting agency shall notify the consumer who is the subject of the credit report within 30 days if the consumer reporting agency changes the consumer's:
(a) name;
(b) date of birth;
(c) Social Security number; or
(d) address.
(2)
(a) Notwithstanding Subsection (1), a consumer reporting agency may make technical modifications to information in a credit report that is subject to a security freeze without providing notification to the consumer.
(b) Technical modifications under Subsection (2)(a) include:
(i) the addition or subtraction of abbreviations to names and addresses; and
(ii) transpositions or corrections of incorrect numbering or spelling.
(3) When providing notice of a change of address under Subsection (1), the consumer reporting agency shall provide notice to the consumer at both the new address and the former address.
Enacted by Chapter 344, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 45 - Consumer Credit Protection Act › Part 3 - Protection of Personal Information › Section 301 - Protection of personal information.

13-45-301.
Protection of personal information.
(1) Except as allowed by other law, a person may not display a Social Security number in a manner or location that is likely to be open to public view.
(2) The state, or a branch, agency, or political subdivision of the state, may not employ or contract for the employment of an inmate in any Department of Corrections facility or county jail in any capacity that would allow any inmate access to any other person's personal information.
Enacted by Chapter 344, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 45 - Consumer Credit Protection Act › Part 5 - Credit Report Protection for Minors › Section 502 - Definitions.

Effective 1/1/2016
13-45-502.
Definitions.
As used in this part, "security freeze" means:
(1) if a consumer reporting agency does not have a file that pertains to a protected consumer, a restriction that:
(a) is placed on the protected consumer's record in accordance with this part; and
(b) except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's record; or
(2) if a consumer reporting agency has a file that pertains to the protected consumer, a restriction that:
(a) is placed on the protected consumer's credit report in accordance with this part; and
(b) except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report.
Enacted by Chapter 191, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 45 - Consumer Credit Protection Act › Part 5 - Credit Report Protection for Minors › Section 503 - Applicability.

Effective 1/1/2016
13-45-503.
Applicability.
This part does not apply to the use of a protected consumer's credit report or record by:
(1) a person administering a credit file monitoring subscription service to which:
(a) the protected consumer has subscribed; or
(b) the protected consumer's representative has subscribed on the protected consumer's behalf;
(2) a person who, upon request from the protected consumer or the protected consumer's representative, provides the protected consumer or the protected consumer's representative with a copy of the protected consumer's credit report;
(3) a check services or fraud prevention services company that issues:
(a) reports on incidents of fraud; or
(b) authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar payment methods;
(4) a deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar information regarding an individual to inquiring banks or other financial institutions for use only in reviewing an individual's request for a deposit account at the inquiring bank or financial institution;
(5) an insurance company for the purpose of conducting the insurance company's ordinary business;
(6) a consumer reporting agency that:
(a) only resells credit information by assembling and merging information contained in a database of another consumer reporting agency or multiple consumer reporting agencies; and
(b) does not maintain a permanent database of credit information from which new credit reports are produced; or
(7) a consumer reporting agency's database or file that consists of information that:
(a) concerns and is used for:
(i) criminal record information;
(ii) fraud prevention or detection;
(iii) personal loss history information; or
(iv) employment, tenant, or individual background screening; and
(b) is not used for credit granting purposes.
Enacted by Chapter 191, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 45 - Consumer Credit Protection Act › Part 5 - Credit Report Protection for Minors › Section 504 - Security freeze for protected consumer.

Effective 1/1/2016
13-45-504.
Security freeze for protected consumer.
(1) A consumer reporting agency shall place a security freeze for a protected consumer if:
(a) the consumer reporting agency receives a request from the protected consumer's representative for the placement of the security freeze; and
(b) the protected consumer's representative:
(i) submits the request described in Subsection (1)(a):
(A) to the address or other point of contact provided by the consumer reporting agency; and
(B) in the manner specified by the consumer reporting agency;
(ii) submits to the consumer reporting agency:
(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; and
(iii) if applicable, pays the consumer reporting agency a fee described in Subsection 13-45-506(2).
(2) If a consumer reporting agency does not have a file that pertains to a protected consumer when the consumer reporting agency receives a request described in Subsection (1), the consumer reporting agency shall create a record for the protected consumer.
(3) A consumer reporting agency shall place a security freeze for a protected consumer within 30 days after the day on which the consumer reporting agency receives a request described in Subsection (1).
(4) After a consumer reporting agency places a security freeze under this section, the consumer reporting agency may not release the protected consumer's credit report, any information derived from the protected consumer's credit report, or any record created for the protected consumer, unless the security freeze for the protected consumer is removed in accordance with Section 13-45-505.
(5) A security freeze that is placed in accordance with this section shall remain in effect until:
(a) the protected consumer's representative or the consumer who is subject to a protected consumer security freeze requests the consumer reporting agency remove the security freeze in accordance with Subsection 13-45-505(1); or
(b) the security freeze is removed in accordance with Subsection 13-45-505(3).
Enacted by Chapter 191, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 45 - Consumer Credit Protection Act › Part 5 - Credit Report Protection for Minors › Section 505 - Removal of security freeze for protected consumer.

Effective 1/1/2016
13-45-505.
Removal of security freeze for protected consumer.
(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.
Enacted by Chapter 191, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 45 - Consumer Credit Protection Act › Part 5 - Credit Report Protection for Minors › Section 506 - Fees.

Effective 1/1/2016
13-45-506.
Fees.
(1) Except as provided in Subsection (2), a consumer reporting agency may not charge a fee for any service performed under this part.
(2) A consumer reporting agency may charge a reasonable fee, which does not exceed $5, for each placement or removal of a security freeze under this part, unless:
(a) the protected consumer's representative:
(i) has obtained a police report that states the protected consumer is the alleged victim of identity fraud; and
(ii) provides a copy of the report to the consumer reporting agency; or
(b)
(i) the protected consumer is less than 16 years of age at the time the request is submitted to the consumer reporting agency; and
(ii) the consumer reporting agency has a file that pertains to the protected consumer.
Enacted by Chapter 191, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 47 - Private Employer Verification Act › Part 1 - General Provisions › Section 102 - Definitions.

(Contingently Repealed)
13-47-102.
Definitions.
As used in this chapter:
(1) "Department" means the Department of Commerce.
(2) "Employee" means an individual:
(a) who is hired to perform services in Utah; and
(b) to whom a private employer provides a federal form required for federal taxation purposes to report income paid to the individual for the services performed.
(3)
(a) Except as provided in Subsection (3)(b), "private employer" means a person who for federal taxation purposes is required to provide a federal form:
(i) to an individual who performs services for the person in Utah; and
(ii) to report income paid to the individual who performs the services.
(b) "Private employer" does not mean a public employer as defined in Section 63G-12-102.
(4)
(a) "Status verification system" means an electronic system operated by the federal government, through which an employer may inquire to verify the federal legal working status of an individual who is a newly hired employee.
(b) "Status verification system" includes:
(i) the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Sec. 1324a;
(ii) a federal program equivalent to the program described in Subsection (4)(b)(i) that is designated by the United States Department of Homeland Security or other federal agency authorized to verify the employment eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986;
(iii) the Social Security Number Verification Service or similar online verification process implemented by the United States Social Security Administration; or
(iv) an independent third-party system with an equal or higher degree of reliability as the programs, systems, or processes described in Subsection (4)(b)(i), (ii), or (iii).
Amended by Chapter 189, 2014 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 47 - Private Employer Verification Act › Part 1 - General Provisions › Section 103 - Scope of chapter.

(Contingently Repealed)
13-47-103.
Scope of chapter.
A private employer shall comply with this chapter, and this chapter shall be enforced without regard to race, color, national origin, gender, religion, age, disability, familial status, or source of income.
Enacted by Chapter 403, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 47 - Private Employer Verification Act › Part 2 - Verification by Private Employer › Section 201 - Verification required for new hires.

(Contingently Repealed)
Effective 5/4/2022
13-47-201.
Verification required for new hires.
(1) A private employer who employs 150 or more employees on or after May 4, 2022, may not hire a new employee on or after May 4, 2022, unless the private employer:
(a) is registered with a status verification system to verify the federal legal working status of any new employee; and
(b) uses the status verification system to verify the federal legal working status of the new employee in accordance with the requirements of the status verification system.
(2) This section does not apply to a private employer of a foreign national if the foreign national holds a visa issued in response to a petition by the private employer that is classified as H-2A or H-2B.
Amended by Chapter 338, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 47 - Private Employer Verification Act › Part 2 - Verification by Private Employer › Section 202 - Liability protections.

(Contingently Repealed)
13-47-202.
Liability protections.
(1) A private employer may not be held civilly liable under state law in a cause of action for the private employer's unlawful hiring of an unauthorized alien, as defined in 8 U.S.C. Sec. 1324a, if:
(a) the private employer complies with Section 13-47-201; and
(b) the information obtained in accordance with the status verification system indicated that the employee's federal legal status allowed the private employer to hire the employee.
(2) A private employer may not be held civilly liable under state law in a cause of action for the private employer's refusal to hire an individual if:
(a) the private employer complies with Section 13-47-201; and
(b) the information obtained in accordance with the status system verification indicated that the individual's federal legal status was that of an unauthorized alien as defined in 8 U.S.C. Sec. 1324a.
Enacted by Chapter 403, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 47 - Private Employer Verification Act › Part 2 - Verification by Private Employer › Section 203 - Voluntary registration by private employer certifying participation in verification.

(Contingently Repealed)
13-47-203.
Voluntary registration by private employer certifying participation in verification.
(1)
(a) A private employer may register with the department certifying that the private employer is in compliance with Section 13-47-201.
(b) A private employer may register with the department under this section regardless of whether the private employer is required to comply with Section 13-47-201.
(2) To register or renew a registration with the department under this part, a private employer shall:
(a) file a registration statement with the department that certifies compliance with Section 13-47-201; and
(b) pay a fee established by the department in accordance Section 63J-1-504 that reflects the cost of registering employers under this section and publishing the list described in Section 13-47-204.
(3) A registration under this part expires every two years on the anniversary of the day on which the registration is filed with the department.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to provide for:
(a) the form of a registration statement under this section;
(b) the process of filing a registration statement under this section; and
(c) the process of renewing a registration statement under this section.
Enacted by Chapter 403, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 47 - Private Employer Verification Act › Part 2 - Verification by Private Employer › Section 204 - Department to publish list of registered private employers.

(Contingently Repealed)
13-47-204.
Department to publish list of registered private employers.
On and after July 1, 2010, the department shall publish electronically a list of private employers who register under Section 13-47-203 on a website accessible to the general public without a charge.
Enacted by Chapter 403, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 48 - Motor Vehicle Rental Company Disclosure Act › Section 102 - Definitions.

13-48-102.
Definitions.
As used in this chapter:
(1) "Motor vehicle license cost recovery fee" means a fee or charge that may be separately stated and charged on the short-term motor vehicle lease or rental contract in a motor vehicle lease or rental transaction originating in this state to recover the costs incurred by a motor vehicle rental company to license, title, register, obtain license plates for, and inspect rental motor vehicles.
(2) "Motor vehicle rental company" means any person or organization in the business of renting motor vehicles to the public.
Enacted by Chapter 357, 2011 General Session