reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 21 - Credit Services Organizations Act › Section 7 - Written contracts required -- Contents -- Notice of cancellation of contract.

13-21-7.
Written contracts required -- Contents -- Notice of cancellation of contract.
(1) Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, signed by the buyer, and include all of the following:
(a) a conspicuous statement in bold type, in immediate proximity to the space reserved for the signature of the buyer, as follows: "You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.";
(b) the terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person;
(c) a full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the services are to be performed, or estimated length of time for performing the services; and
(d) the credit services organization's principal business address and the name and address of its agent, in Utah, authorized to receive service of process.
(2) The contract shall be accompanied by a completed form in duplicate, captioned "Notice of Cancellation," which shall be attached to the contract and easily detachable, and which shall contain in bold type the following statement written in the same language as used in the contract:
"Notice of Cancellation
You may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed.
If you cancel, any payment made by you under this contract will be returned within 10 days following receipt by the seller of your cancellation notice.
To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice, to _____(name of seller)_____at _____(address of seller)_____ (place of business)_____ not later than midnight _____(date)_____.
I hereby cancel this transaction.
_______________(date)
__________________________________________________________
(purchaser's signature)"
(3) The credit services organization shall give to the buyer a copy of the completed contract and all other documents the credit services organization requires the buyer to sign at the time they are signed.
Amended by Chapter 306, 2007 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 21 - Credit Services Organizations Act › Section 8 - Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution.

13-21-8.
Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution.
(1)
(a) Any waiver by a buyer of any part of this chapter is void.
(b) Any attempt by a credit services organization to have a buyer waive rights given by this chapter is a violation of this chapter.
(2) In any proceeding involving this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming the exemption or exception.
(3)
(a) Any person who violates this chapter is guilty of a class A misdemeanor.
(b) Any district court of this state has jurisdiction to restrain and enjoin the violation of this chapter.
(4) The attorney general, any county attorney, any district attorney, or any city attorney may prosecute misdemeanor actions or institute injunctive or civil proceedings, or both, under this chapter.
(5) The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.
(6)
(a) In addition to other penalties under this section, the division director may issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
(b) All money received through administrative fines imposed under this section shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.
Amended by Chapter 47, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 21 - Credit Services Organizations Act › Section 9 - Damages -- Punitive damages -- Attorney's fees and costs -- Remedies.

13-21-9.
Damages -- Punitive damages -- Attorney's fees and costs -- Remedies.
(1) Any buyer injured by a violation of this chapter may bring any action for recovery of damages. Judgment shall be entered for actual damages, but in no case less than the amount paid by the buyer to the credit services organization, plus reasonable attorneys' fees and costs. An award may also be entered for punitive damages.
(2) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
(3) The Division of Consumer Protection may maintain an action for damages or injunctive relief on behalf of itself or any other person to enforce compliance with this chapter. Any judgment granted in favor of the division shall include, in addition to any other monetary award or injunctive relief, an award of reasonable attorneys' fees, court costs, and costs of investigation.
Amended by Chapter 96, 1988 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 4 - Violation a misdemeanor -- Damages.

13-22-4.
Violation a misdemeanor -- Damages.
(1) A person who willfully violates any provision of this chapter, either by failing to comply with any requirement or by doing any act prohibited in the chapter, is guilty of a class B misdemeanor. Each day the violation is committed or permitted to continue constitutes a separate punishable offense.
(2) Nothing in this section precludes any person damaged as a result of a charitable solicitation from maintaining a civil action for damages or injunctive relief.
(3) The division may maintain an action for damages or injunctive relief on behalf of itself or any other person to enforce compliance with this chapter.
Amended by Chapter 185, 1994 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 5 - Registration or permit required.

Effective 3/19/2018
13-22-5.
Registration or permit required.
(1)
(a) An organization may not engage in an activity described in Subsection (1)(b) unless the organization is:
(i) exempt under Section 13-22-8; or
(ii) registered with the division in accordance with this chapter.
(b) Unless an organization meets the requirements of Subsection (1)(a), the organization may not knowingly solicit, promote, or sponsor a charitable solicitation if the charitable solicitation:
(i) originates in Utah;
(ii) is received in Utah; or
(iii) is caused to be made through business operations in Utah.
(2) Subsection (1) does not prohibit an organization from receiving an unsolicited contribution.
(3)
(a) Unless a person acting as a professional fund raiser obtains a permit in accordance with Section 13-22-9, the person may not:
(i) make or facilitate a solicitation either directed toward the state or originating from the state; or
(ii) maintain a place of business in the state or employ an individual located in the state.
(b) Subsection (3)(a) applies regardless of whether a charitable organization receiving the services of a professional fund raiser is required to register under this chapter.
(4)
(a) Unless a person acting as a professional fund raising counsel or consultant obtains a permit in accordance with Section 13-22-9, the person may not:
(i) maintain a place of business in the state or employ an individual located in the state; or
(ii) provide any service of a professional fund raising counsel or consultant to or for a charitable organization, or any other person, over which the state has general jurisdiction.
(b) Subsection (4)(a) applies regardless of whether a charitable organization receiving the services of a professional fund raising counsel or consultant is required to register under this chapter.
(5) A person required to obtain a permit under Subsection (3) or (4) may not provide any service to or on behalf of an organization required to register under Subsection (1) if the organization is not registered in accordance with Section 13-22-6.
Amended by Chapter 267, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 11 - Expiration of registration and permits.

Effective 5/10/2016
13-22-11.
Expiration of registration and permits.
(1) Each charitable organization registration issued under this chapter expires annually on the earlier of January 1, April 1, July 1, or October 1 following the completion of 12 months after the date of initial issuance.
(2) Each professional fund raiser's permit issued under this chapter expires annually on the date of issuance.
(3) Each professional fund raising counsel's or consultant's permit issued under this chapter expires annually on the date of issuance.
(4) A registration or permit may be renewed only by complying with the requirements for obtaining the original registration or permit.
Amended by Chapter 377, 2016 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 12 - Grounds for denial, suspension, or revocation.

13-22-12.
Grounds for denial, suspension, or revocation.
(1) The director may, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, issue an order to deny, suspend, or revoke an application, registration, permit, or information card, upon a finding that the order is in the public interest and that:
(a) the application for registration or renewal is incomplete or misleading in any material respect;
(b) the applicant or registrant or any officer, director, agent, or employee of the applicant or registrant has:
(i) violated this chapter or committed any of the prohibited acts and practices described in this chapter;
(ii) been enjoined by any court, or is the subject of an administrative order issued in this or another state, if the injunction or order includes a finding or admission of fraud, breach of fiduciary duty, material misrepresentation, or if the injunction or order was based on a finding of lack of integrity, truthfulness, or mental competence of the applicant;
(iii) been convicted of a crime involving moral turpitude;
(iv) obtained or attempted to obtain a registration or a permit by misrepresentation;
(v) materially misrepresented or caused to be misrepresented the purpose and manner in which contributed funds and property will be used in connection with any solicitation;
(vi) caused or allowed any paid solicitor to violate any rule made or order issued under this chapter by the division;
(vii) failed to take corrective action with its solicitors who have violated this chapter or committed any of the prohibited acts and practices of this chapter;
(viii) used, or attempted to use a name that either is deceptively similar to a name used by an existing registered or exempt charitable organization, or appears reasonably likely to cause confusion of names;
(ix) failed to timely file with the division any report required in this chapter or by rules made under this chapter; or
(x) failed to pay a fine imposed by the division in accordance with Section 13-22-3; or
(c) the applicant for registration or renewal has no charitable purpose.
(2) The director may, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, issue an order to revoke or suspend a claim of exemption filed under Subsection 13-22-8(4), upon a finding that the order is in the public interest and that:
(a) the notice of claim of exemption is incomplete or false or misleading in any material respect; or
(b) any provision of this chapter, or any rule made or order issued by the division under this chapter has been violated in connection with a charitable solicitation by any exempt organization.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 13 - Prohibited practices.

13-22-13.
Prohibited practices.
In connection with any solicitation, each of the following acts and practices is prohibited:
(1) stating or implying that registration constitutes endorsement or approval by the division or any governmental entity;
(2) violating any of the requirements of this chapter or any rule made under this chapter;
(3) making any untrue statement of a material fact or failing to state a material fact necessary to make statements made, in the context of the circumstances under which they are made, not misleading, whether in connection with a charitable solicitation or a filing with the division; and
(4) violating an order issued by the division under Subsection 13-22-3(2) or (3).
Amended by Chapter 185, 1994 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 14 - Accuracy not guaranteed.

13-22-14.
Accuracy not guaranteed.
(1) By issuing a permit, the state does not guarantee the accuracy of any representation contained in the permit, nor does it warrant that any statement made by the holder of the permit is truthful. The state makes no certification as to the charitable worthiness of any organization on whose behalf a solicitation is made nor as to the moral character of the holder of the permit.
(2) The following statement shall appear on each permit: "THE STATE OF UTAH MAKES NO CERTIFICATION AS TO THE CHARITABLE WORTHINESS OF ANY ORGANIZATION ON WHOSE BEHALF A SOLICITATION IS MADE NOR AS TO THE MORAL CHARACTER OF THE HOLDER OF THE PERMIT."
(3) No solicitation for charitable purposes shall use the fact or requirement of registration or of the filing of any report with the division pursuant to this chapter with the intent to cause or in a manner tending to cause any person to believe that the solicitation, the manner in which it is conducted, its purposes, any use to which the proceeds will be applied or the person or organization conducting it has been or will be in any way endorsed, sanctioned, or approved by the division or any governmental agency or office.
Amended by Chapter 210, 2001 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 15 - Financial reports required.

Effective 5/12/2015
13-22-15.
Financial reports required.
(1)
(a) Except as provided in Subsection (1)(c), as part of a charitable organization's application for registration or renewal of registration described in Section 13-22-6, each charitable organization shall file:
(i) an annual financial report on a form prescribed by the division;
(ii) an IRS Form 990, 990EZ, 990N, or 990PF; or
(iii) both the documents described in Subsections (1)(a)(i) and (ii).
(b) The division shall instruct each applicant for registration or renewal of registration as a charitable organization on which documents to file under Subsection (1)(a).
(c) If a document required under Subsections (1)(a) and (b) is not available during the charitable organization's first year of registration, upon request from the division, the charitable organization shall provide a quarterly financial report to the division within 30 days after the day on which the division requests the quarterly financial report.
(2) Each annual or quarterly financial report shall disclose:
(a) the gross amount of contributions received;
(b) the amount of contributions disbursed or to be disbursed to each charitable organization or charitable purpose represented;
(c) aggregate amounts paid to any professional fund raiser;
(d) amounts spent for overhead, expenses, commissions, and similar purposes; and
(e) unless disclosed in another part of the charitable organization's application for registration or renewal of registration, the name and address of any professional fund raiser used by the charitable organization.
(3) Each report required under this section shall be signed under oath by an officer or principal of the charitable organization.
(4)
(a) If a charitable organization fails to timely file a quarterly financial report in accordance with Subsection (1)(c), the charitable organization's registration is immediately and automatically suspended pending a final order of the division under Section 13-22-12.
(b) The division may reinstate the charitable organization's registration after the division receives:
(i) the quarterly financial report requested in accordance with Subsection (1)(c); and
(ii) a penalty of $25 for each full or partial calendar month after the day on which the quarterly report was due.
Amended by Chapter 120, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 16 - Separate accounts and receipts required.

Effective 5/12/2015
13-22-16.
Separate accounts and receipts required.
(1)
(a) Each professional fund raiser shall segregate and maintain all contributed funds in an account held separately from the professional fund raiser's operating account.
(b) Each contribution in the control or custody of the professional fund raiser shall, no later than 10 days after the day on which the contribution is received, be deposited into an account at a bank or other federally insured financial institution that is in the name of the charitable organization.
(c) The charitable organization shall maintain and administer the account and shall have sole control of all withdrawals.
(2) Each organization required to be registered under this chapter and each professional fund raiser shall:
(a) maintain a record of each contribution of money, securities, or cash equivalent sufficient to allow the organization or professional fund raiser to provide a receipt to the contributor upon request or as required by law; and
(b) provide a contributor a receipt for each contribution upon request or as required by law.
(3) An organization required to be registered under this chapter and each professional fund raiser shall develop and maintain adequate internal controls for receipt, management, and disbursement of money that are reasonable in light of the organization's or professional fund raiser's assets and organizational complexity.
Amended by Chapter 120, 2015 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 17 - Written agreement required.

13-22-17.
Written agreement required.
(1) A professional fund raiser may only engage in activities on behalf of a charitable organization through written agreement with the organization.
(2) A professional fund raising counsel or consultant may only engage in activities on behalf of a charitable organization through written agreement with the organization.
(3) A charitable organization may only engage the services of a professional fund raiser or professional fund raising counsel or consultant through written agreement.
(4) Copies of the agreement required by this section shall be attached to all applications for registration and or a permit.
Amended by Chapter 187, 1996 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 18 - Local ordinance.

13-22-18.
Local ordinance.
This chapter does not prohibit any political subdivision of the state from enacting any ordinance regulating the solicitation of contributions within the subdivision's boundaries so long as the ordinance only coordinates enforcement of this chapter with the division.
Enacted by Chapter 280, 1993 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 19 - Reciprocal agreements.

13-22-19.
Reciprocal agreements.
(1) The division may convey or exchange information obtained under this chapter with other agencies having regulatory authority over charitable organizations.
(2) The division may accept information that a charitable organization or professional fund raiser files in another state or with any federal agency or other organization in place of substantially similar information that is required to be filed under this chapter.
Enacted by Chapter 280, 1993 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 21 - Appeal on behalf of individual.

Effective 3/19/2018
13-22-21.
Appeal on behalf of individual.
(1) If a charitable campaign consisting of exempt solicitations for the relief or benefit of a named individual, as described in Subsection 13-22-8(1)(c), collects proceeds in excess of $5,000, the organizer of the campaign shall give the division written notice of the following:
(a) the organizer's name and address;
(b) the name and whereabouts of the person for whose relief or benefit the contributions are solicited;
(c) the date the charitable campaign commenced; and
(d) the purpose to which the collected contributions are to be applied.
(2) Notice under Subsection (1) is due within 10 days after commencing the appeal or collecting in excess of $5,000, whichever is later.
(3) If the organizer fails to file timely notice, the division shall inform the organizer of the notice requirement and give the organizer 10 additional days as a grace period within which to file the notice. If the organizer fails to file the notice within the grace period, the division may issue a cease and desist order against the organizer.
(4) If, at any time, the division has reasonable cause to believe that the organizer is perpetrating a fraud against the public, or in any other way intends to profit from harming the public through the charitable campaign, it shall issue a cease and desist order against the organizer.
Amended by Chapter 267, 2018 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 22 - Charitable sales promotions.

13-22-22.
Charitable sales promotions.
(1) Every charitable organization which agrees to permit a charitable sales promotion to be conducted by a commercial co-venturer on its behalf shall file with the division a notice of the promotion prior to its commencement within this state. The notice shall state:
(a) the names of the charitable organization and commercial co-venturer;
(b) that the charitable organization and the commercial co-venturer will conduct a charitable sales promotion; and
(c) the date the charitable sales promotion is expected to commence.
(2) Prior to the commencement of a charitable sales promotion within this state, every charitable organization which agrees to permit a charitable sales promotion to be conducted in its behalf, shall obtain a written agreement, containing such terms as may be required by rule of the division, from the commercial co-venturer which shall be available to the division upon request.
(3) A commercial co-venturer shall keep the final accounting for each charitable sales promotion conducted in this state for three years after the final accounting date and make the accounting available to the division upon request.
(4) The commercial co-venturer shall disclose in each advertisement for a charitable sales promotion the dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization or purpose.
Enacted by Chapter 210, 2001 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 22 - Charitable Solicitations Act › Section 23 - Fiduciary capacity.

13-22-23.
Fiduciary capacity.
Every person soliciting, collecting, or expending contributions for charitable purposes, and every officer, director, trustee, or employee of any person concerned with the solicitation, collection, or expenditure of those contributions, shall be considered to be a fiduciary and acting in a fiduciary capacity.
Enacted by Chapter 210, 2001 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 23 - Health Spa Services Protection Act › Section 4 - Rescission.

Effective 5/4/2022
13-23-4.
Rescission.
(1) A consumer may rescind a contract for the purchase of a health spa service by emailing or mailing written notice of the consumer's intent to rescind:
(a) to the email address or mailing address the health spa provided in the contract, as described in Subsection 13-23-3(6)(b); and
(b)
(i) before midnight of the third business day after the day on which the consumer and health spa execute the contract, as recorded by timestamp or postmark; or
(ii) if a consumer and health spa execute the contract when the consumer's primary location is not fully operational and available for use, before midnight of the third business day after the day on which the consumer's primary location becomes fully operational and available for use, as recorded by timestamp or postmark.
(2)
(a) A consumer who rescinds a contract under this section is entitled to a refund of every payment the consumer made, less the reasonable value of any health spa service the consumer actually received.
(b) The preparation and processing of the contract or another document is not a health spa service that is deductible under Subsection (2)(a) from any refundable amount.
(c) In an enforcement action that the division initiates, a health spa has the burden of proving that any value the health spa retains under Subsection (2)(a) is reasonable.
(3) The rescission of a contract under this section is effective upon the health spa's receipt of written notice of the consumer's intent to rescind the contract.
Amended by Chapter 274, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 23 - Health Spa Services Protection Act › Section 6 - Exemptions from bond, letter of credit, or certificate of deposit requirement.

Effective 5/4/2022
13-23-6.
Exemptions from bond, letter of credit, or certificate of deposit requirement.
(1) A health spa is exempt from Subsections 13-23-5(2) through (5) for a health spa facility, if the health spa only offers access to a health spa service at the health spa facility through:
(a) the purchase of an individual class or session;
(b) the purchase of a package:
(i) with a defined number of classes or sessions; and
(ii) for which the health spa may not hold more than $150 worth of a consumer's unused credit;
(c) the purchase of a monthly membership or pass, payment for which the health spa does not collect from a consumer more than two months in advance;
(d) an installment contract that:
(i) provides for the consumer to make all payments due under the contract, including a down payment, an enrollment fee, a membership fee, or any other payment to the health spa, in equal monthly installments spread over the entire term of the contract; and
(ii) contains the following clause: "If this health spa ceases operations at or changes the consumer's primary location in violation of Utah Code Subsection 13-23-3(7), (8), or (9), no further payments under this contract shall be due to anyone, including any assignee of the contract or purchaser of any note associated with or contained in this contract."; or
(e) a combination of health spa services described in Subsections (1)(a) through (d).
(2) For purposes of finding the principal amount for the bond, letter of credit, or certificate of deposit required under Section 13-23-5, a health spa is not required to include in the calculation described in Subsection 13-23-5(3) a contract that offers access to a health spa service as described in Subsection (1).
(3) A health spa that claims exemption from Subsections 13-23-5(2) through (5) or that a contract should be excluded from the calculation described in Subsection 13-23-5(3) bears the burden of proving to the division that the health spa or contract meets the relevant criteria described in Subsection (1) or (2).
Amended by Chapter 400, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 23 - Health Spa Services Protection Act › Section 7 - Enforcement -- Costs and attorney's fees -- Penalties.

Effective 5/5/2021
13-23-7.
Enforcement -- Costs and attorney's fees -- Penalties.
(1)
(a) The division may, on behalf of a consumer or on the division's own behalf, file an action for injunctive relief, damages, or both to enforce this chapter.
(b) In addition to any relief granted, the division is entitled to an award for reasonable attorney's fees, court costs, and reasonable investigative expenses.
(2)
(a) A person who willfully violates a provision of this chapter, either by failing to comply with any requirement or by doing any act prohibited in this chapter, is guilty of a class B misdemeanor.
(b) Each day a violation described in Subsection (2)(a) is committed or permitted to continue constitutes a separate punishable offense.
(c) In the case of a second offense, the person is guilty of a class A misdemeanor.
(d) In the case of a third or subsequent offense, the person is guilty of a third degree felony.
(3)
(a) In addition to any other penalty available under this chapter, a person who violates this chapter is subject to:
(i) a cease and desist order; and
(ii) an administrative fine of up to $2,500 for each separate violation that is not a violation described in Subsection 13-23-5(2)(d) up to $10,000 for any series of violations arising out of the same operative facts.
(b) The division shall deposit all administrative fines collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Amended by Chapter 266, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 23 - Health Spa Services Protection Act › Section 8 - Grounds for denial, suspension, or revocation.

Effective 5/4/2022
13-23-8.
Grounds for denial, suspension, or revocation.
The director may, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, issue an order to deny, suspend, or revoke an application or registration upon a finding that the order is in the public interest and that:
(1) the application for registration or renewal is incomplete or misleading in a material respect;
(2) the applicant or person registered under this chapter or an officer, director, agent, or employee of the applicant or registrant has:
(a) violated this chapter;
(b) violated Chapter 11, Utah Consumer Sales Practices Act;
(c) been enjoined by a court, or is the subject of an administrative order issued in this or another state, if the injunction or order:
(i) includes a finding or admission of fraud, breach of fiduciary duty, or material misrepresentation; or
(ii) is based on a finding of lack of integrity, truthfulness, or mental competence of the applicant;
(d) obtained or attempted to obtain a registration by misrepresentation;
(e) failed to timely provide the division with any information required by this chapter; or
(f) failed to pay a fine imposed by the division;
(3) the applicant's or registrant's bond, letter of credit, or certificate of deposit ceases to be in effect;
(4) the applicant or registrant requested an exemption from maintaining a bond, letter of credit, or certificate of deposit under Section 13-23-6, but does not meet the requirements for exemption;
(5) the applicant or registrant excluded from the principal amount calculation described in Subsection 13-23-5(3) for a bond, letter of credit, or certificate of deposit, a contract that did not meet the requirements for exclusion described in Section 13-23-6; or
(6) the applicant or registrant ceases to provide health spa services.
Amended by Chapter 400, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 24 - Uniform Trade Secrets Act › Section 2 - Definitions.

13-24-2.
Definitions.
As used in this chapter, unless the context requires otherwise:
(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2) "Misappropriation" means:
(a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) used improper means to acquire knowledge of the trade secret; or
(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(A) derived from or through a person who had utilized improper means to acquire it;
(B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Enacted by Chapter 60, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 24 - Uniform Trade Secrets Act › Section 3 - Injunctive relief.

13-24-3.
Injunctive relief.
(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Enacted by Chapter 60, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 24 - Uniform Trade Secrets Act › Section 4 - Damages.

13-24-4.
Damages.
(1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
(2) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under Subsection (1).
Enacted by Chapter 60, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 24 - Uniform Trade Secrets Act › Section 5 - Attorneys' fees.

13-24-5.
Attorneys' fees.
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorneys' fees to the prevailing party.
Enacted by Chapter 60, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 24 - Uniform Trade Secrets Act › Section 6 - Preservation of secrecy.

13-24-6.
Preservation of secrecy.
In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
Enacted by Chapter 60, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 24 - Uniform Trade Secrets Act › Section 7 - Statute of limitations.

13-24-7.
Statute of limitations.
An action for misappropriation shall be brought within three years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Enacted by Chapter 60, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 24 - Uniform Trade Secrets Act › Section 8 - Effect on other law.

13-24-8.
Effect on other law.
(1) Except as provided in Subsection (2), this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.
(2) This chapter does not affect:
(a) contractual remedies, whether or not based upon misappropriation of a trade secret;
(b) other civil remedies that are not based upon misappropriation of a trade secret; or
(c) criminal remedies, whether or not based upon misappropriation of a trade secret.
Enacted by Chapter 60, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 24 - Uniform Trade Secrets Act › Section 9 - Uniformity of application and construction.

13-24-9.
Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the chapter among states enacting it.
Enacted by Chapter 60, 1989 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 25a - Telephone and Facsimile Solicitation Act › Section 103 - Prohibited conduct for telephone solicitations -- Exceptions.

Effective 5/4/2022
13-25a-103.
Prohibited conduct for telephone solicitations -- Exceptions.
(1) Except as provided in Subsection (2), a person may not operate or authorize the operation of an automated telephone dialing system to make a telephone solicitation.
(2) A person may operate an automated telephone dialing system if a call is made:
(a) with the prior express consent of the person who is called agreeing to receive a telephone solicitation from a specific solicitor; or
(b) to a person with whom the solicitor has an established business relationship.
(3) A person may not make a telephone solicitation to a residential telephone or cellular telephone without prior express consent during any of the following times:
(a) between the hours of 9 p.m. and 8 a.m. local time;
(b) on a Sunday; or
(c) on a legal holiday.
(4) A person may not make or authorize a telephone solicitation in violation of Title 47 U.S.C. 227.
(5) A telephone solicitor who makes an unsolicited telephone call to a telephone number shall:
(a) identify the telephone solicitor;
(b) identify the business on whose behalf the telephone solicitor is soliciting;
(c) promptly identify the purpose of the call upon making contact by telephone with the person who is the object of the telephone solicitation;
(d) discontinue the solicitation if the person being solicited gives a negative response at any time during the telephone call; and
(e) hang up the phone, or in the case of an automated telephone dialing system operator, disconnect the automated telephone dialing system from the telephone line within 25 seconds of the termination of the call by the person being called.
(6) If a telephone solicitor's service or equipment is capable of displaying the telephone solicitor's telephone number through a caller identification service, the telephone solicitor may not withhold the display of the telephone solicitor's telephone number from a caller identification service when that number is being used for telemarketing purposes.
Amended by Chapter 324, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 25a - Telephone and Facsimile Solicitation Act › Section 104 - Prohibited conduct for facsimiles -- Exceptions.

13-25a-104.
Prohibited conduct for facsimiles -- Exceptions.
(1) Except as provided in Subsection (2), a person may not operate or authorize the operation of a facsimile machine to send an advertisement.
(2) A person may operate a facsimile machine if the advertisement is sent:
(a) with the prior express written consent of the person who receives the facsimile agreeing to receive the facsimile from a specific solicitor; or
(b) to a person with whom the solicitor has an established business relationship.
(3) A person may not make or authorize the sending of an advertisement by facsimile in violation of Title 47 U.S.C. 227.
Amended by Chapter 263, 2003 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 25a - Telephone and Facsimile Solicitation Act › Section 105 - Penalties -- Administrative and criminal.

Effective 5/5/2021
13-25a-105.
Penalties -- Administrative and criminal.
(1) Any person who violates this chapter is subject to:
(a) a cease and desist order; and
(b) an administrative fine of not less than $100 or more than $2,500 for each separate violation.
(2) Any person who violates this chapter by soliciting an on-call emergency provider while the on-call emergency provider is on call is subject to:
(a) a cease and desist order; and
(b) an administrative fine of not less than $1,000 or more than $2,500 for each separate violation.
(3) All administrative fines collected under this chapter shall be deposited in the Consumer Protection Education and Training Fund created in Section 13-2-8.
(4) Any person who intentionally violates this chapter is guilty of a class A misdemeanor and may be fined up to $2,500.
(5) A person intentionally violates this chapter if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter.
Amended by Chapter 289, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 25a - Telephone and Facsimile Solicitation Act › Section 106 - Enforcement.

13-25a-106.
Enforcement.
(1) The division shall investigate and assess administrative fines for violations of this chapter.
(2)
(a) Upon referral from the division, the attorney general or any district or county attorney may:
(i) bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this chapter;
(ii) upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this part if proof of loss is submitted to the satisfaction of the court; or
(iii) bring an action in any court of competent jurisdiction for the collection of penalties authorized under Subsection 13-25a-105(1).
(b) In an action under Subsection (2)(a), the attorney general or any district or county attorney may recover costs, including investigative costs and attorney fees, from any violator of this chapter.
Amended by Chapter 18, 2005 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 25a - Telephone and Facsimile Solicitation Act › Section 107 - Private action.

Effective 5/5/2021
13-25a-107.
Private action.
(1) In addition to any other remedies, a person may bring an action in any state court of competent jurisdiction if:
(a)
(i) the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that:
(A) violates this chapter; or
(B) violates Title 47 U.S.C. 227; and
(ii) the person, following the first telephone solicitation or facsimile advertisement, notified the sender of the person's objection to receiving the telephone solicitation or facsimile advertisement; or
(b) the person has received one telephone solicitation or facsimile advertisement in violation of:
(i) Subsection 13-25a-103(1);
(ii) Subsection 13-25a-103(3);
(iii) Subsection 13-25a-103(5);
(iv) Subsection 13-25a-103(6); or
(v) Subsection 13-25a-104(1).
(2) In a suit brought under Subsection (1):
(a) a person may:
(i) recover the greater of $500 or the amount of the pecuniary loss, if any;
(ii) recover court costs and reasonable attorneys' fees as determined by the court; and
(iii) seek to enjoin any conduct in violation of this chapter; and
(b) if the court finds that a violation was knowing and willful:
(i) the court may award an individual treble the amount of the individual's pecuniary loss; or
(ii) the court may award an individual the greater of $1,000 or treble the amount of the individual's pecuniary loss if:
(A) the individual who received the solicitation is an on-call emergency provider;
(B) the individual was on call at the time the violation occurred; and
(C) the individual had notified the sender that the individual is an on-call emergency provider.
Amended by Chapter 289, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 25a - Telephone and Facsimile Solicitation Act › Section 107.2 - Requests to a specific telephone solicitor.

13-25a-107.2.
Requests to a specific telephone solicitor.
(1) A telephone solicitor may not make or cause to be made a telephone solicitation to a person who has informed the telephone solicitor, either in writing or orally, that the person does not wish to receive a telephone call from the telephone solicitor.
(2) A telephone solicitor is not liable for a violation of this section if the telephone solicitor complies with 16 C.F.R. Part 310.4(b)(3) and (4).
Enacted by Chapter 18, 2005 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 25a - Telephone and Facsimile Solicitation Act › Section 108 - Prohibited telephone solicitations.

Effective 5/12/2020
13-25a-108.
Prohibited telephone solicitations.
(1) A person may not make or cause to be made an unsolicited telephone call to a person:
(a) located in the state; and
(b)
(i) at a Utah telephone number contained in the national "do-not-call" registry established and maintained by the Federal Trade Commission under 16 C.F.R. 310.4(b)(1)(iii)(B); or
(ii) at a non-Utah telephone number contained in the national "do-not-call" registry established and maintained by the Federal Trade Commission under 16 C.F.R. 310.4(b)(1)(iii)(B), if the person making the call or causing the call to be made knows or reasonably should know that the person receiving the call is in Utah.
(2) Each unsolicited telephone call made in violation of this section is a separate violation.
Amended by Chapter 79, 2020 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 25a - Telephone and Facsimile Solicitation Act › Section 111 - Exemptions.

13-25a-111.
Exemptions.
Notwithstanding any other provision of this chapter, Sections 13-25a-103 and 13-25a-108 do not apply to:
(1) a telephone call made for a charitable purpose as defined in Section 13-22-2;
(2) a charitable solicitation as defined in Section 13-22-2; or
(3) a person who holds a license or registration:
(a) under Title 31A, Insurance Code;
(b) issued by the Division of Real Estate established in Section 61-2-201; or
(c) issued by the National Association of Securities Dealers.
Amended by Chapter 379, 2010 General Session