reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 37 - Notice of Intent to Sell Nonpublic Personal Information Act › Part 2 - Notice of Disclosure › Section 203 - Liability.

13-37-203.
Liability.
(1) A person may bring an action against a commercial entity in a court of competent jurisdiction in this state if:
(a) the commercial entity enters into a consumer transaction with that person;
(b) as a result of the consumer transaction described in Subsection (1)(a), the commercial entity obtains nonpublic personal information concerning that person; and
(c) the commercial entity violates this chapter.
(2) In an action brought under Subsection (1), a commercial entity that violates this chapter is liable to the person who brings the action for:
(a) $500 for each time the commercial entity fails to provide the notice required by this section in relation to the nonpublic personal information of the person who brings the action; and
(b) court costs.
(3) A person may not bring a class action under this chapter.
Enacted by Chapter 97, 2003 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 38a - Financial Transaction Card Protection Act › Part 1 - General Provisions › Section 102 - Definitions.

13-38a-102.
Definitions.
As used in this chapter:
(1)
(a) "Financial transaction card" means any card, code, or other means of access to a person's account issued to a person that allows the person to obtain, purchase, or receive any of the following:
(i) goods;
(ii) services;
(iii) money; or
(iv) anything else of value.
(b) "Financial transaction card" includes:
(i) a credit card;
(ii) a credit plate;
(iii) a bank services card;
(iv) a banking card;
(v) a check guarantee card;
(vi) a debit card;
(vii) a telephone credit card; and
(viii) a device for access as defined in Section 7-16a-102.
(2) "Receipt" means any document related to the transaction of business provided to a person that uses a financial transaction card.
Renumbered and Amended by Chapter 421, 2013 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 38a - Financial Transaction Card Protection Act › Part 2 - Financial Transaction Card Receipts › Section 202 - Limitation on information contained in receipts.

13-38a-202.
Limitation on information contained in receipts.
(1) A person that accepts a financial transaction card for the transaction of business may not, on a financial transaction card receipt:
(a) print more than the last five digits of the financial transaction card account number; or
(b) print the financial transaction card expiration date.
(2)
(a) This section applies only to receipts that are electronically printed.
(b) This section does not apply to transactions in which the initial means of recording the financial transaction card number is by:
(i) handwriting; or
(ii) an imprint or copy of the financial transaction card.
Enacted by Chapter 421, 2013 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 38a - Financial Transaction Card Protection Act › Part 2 - Financial Transaction Card Receipts › Section 203 - Private action.

13-38a-203.
Private action.
(1) A person may bring an action in any state court of competent jurisdiction against a person that violates any of the requirements of this chapter.
(2) In an action under Subsection (1), a person may:
(a) recover the amount of any actual damages caused by the violation of this chapter;
(b) recover court costs and reasonable attorney fees as determined by the court; and
(c) seek to enjoin conduct in violation of this chapter.
Renumbered and Amended by Chapter 421, 2013 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 39 - Child Protection Registry › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/14/2019
13-39-102.
Definitions.
As used in this chapter:
(1) "Attorney general" means the same as that term is defined in Section 77-42-102.
(2) "Contact point" means an electronic identification to which a communication may be sent, including:
(a) an email address;
(b) an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1);
(c) a mobile or other telephone number;
(d) a facsimile number; or
(e) an electronic address:
(i) similar to a contact point listed in this Subsection (2); and
(ii) defined as a contact point by rule made by the unit under Subsection 13-39-203(1).
(3) "Registry" means the child protection registry established in Section 13-39-201.
(4) "Unit" means the Internet Crimes Against Children unit within the Office of the Attorney General created in Section 67-5-21.
Amended by Chapter 356, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 39 - Child Protection Registry › Part 2 - Operation of the Child Protection Registry › Section 201 - Establishment of child protection registry.

Effective 5/14/2019
13-39-201.
Establishment of child protection registry.
(1) The unit shall:
(a) establish and operate a child protection registry to compile and secure a list of contact points the unit has received pursuant to this section; or
(b) contract with a third party to establish and secure the registry described in Subsection (1)(a).
(2)
(a) A person may register a contact point with the unit pursuant to rules established by the unit under Subsection 13-39-203(1) if:
(i) the contact point belongs to a minor;
(ii) a minor has access to the contact point; or
(iii) the contact point is used in a household in which a minor is present.
(b) A school or other institution that primarily serves minors may register its domain name with the unit pursuant to rules made by the unit under Subsection 13-39-203(1).
(c) The unit shall provide a disclosure in a confirmation message sent to a person who registers a contact point under this section that reads: "No solution is completely secure. The most effective way to protect children on the Internet is to supervise use and review all email messages and other correspondence. Under law, theft of a contact point from the Child Protection Registry is a second degree felony. While every attempt will be made to secure the Child Protection Registry, registrants and their guardians should be aware that their contact points may be at a greater risk of being misappropriated by marketers who choose to disobey the law."
(3) A person desiring to send a communication described in Subsection 13-39-202(1) to a contact point or domain shall:
(a) use a mechanism established by rule made by the unit under Subsection 13-39-203(2); and
(b) pay a fee for use of the mechanism described in Subsection (3)(a) determined by the unit in accordance with Section 63J-1-504.
(4) The unit may implement a program to offer discounted compliance fees to senders who meet enhanced security conditions established and verified by the division, the third party registry provider, or a designee.
(5) The contents of the registry, and any complaint filed about a sender who violates this chapter, are not subject to public disclosure under Title 63G, Chapter 2, Government Records Access and Management Act.
(6) The state shall promote the registry on the state's official Internet website.
Amended by Chapter 356, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 39 - Child Protection Registry › Part 2 - Operation of the Child Protection Registry › Section 202 - Prohibition of sending certain materials to a registered contact point -- Exception for consent.

Effective 5/14/2019
13-39-202.
Prohibition of sending certain materials to a registered contact point -- Exception for consent.
(1) A person may not send, cause to be sent, or conspire with a third party to send a communication to a contact point or domain that has been registered for more than 30 calendar days with the unit under Section 13-39-201 if the communication:
(a) has the primary purpose of advertising or promoting a product or service that a minor is prohibited by law from purchasing; or
(b) contains or has the primary purpose of advertising or promoting material that is harmful to minors, as defined in Section 76-10-1201.
(2) Except as provided in Subsection (4), consent of a minor is not a defense to a violation of this section.
(3) An Internet service provider does not violate this section for solely transmitting a message across the network of the Internet service provider.
(4)
(a) Notwithstanding Subsection (1), a person may send a communication to a contact point if, before sending the communication, the person sending the communication receives consent from an adult who controls the contact point.
(b) Any person who proposes to send a communication under Subsection (4)(a) shall:
(i) verify the age of the adult who controls the contact point by inspecting the adult's government-issued identification card in a face-to-face transaction;
(ii) obtain a written record indicating the adult's consent that is signed by the adult;
(iii) include in each communication:
(A) a notice that the adult may rescind the consent; and
(B) information that allows the adult to opt out of receiving future communications; and
(iv) notify the unit that the person intends to send communications under this Subsection (4).
(c) The unit shall implement rules to verify that a person providing notification under Subsection (4)(b)(iv) complies with this Subsection (4).
Amended by Chapter 356, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 39 - Child Protection Registry › Part 2 - Operation of the Child Protection Registry › Section 203 - Rulemaking authority.

Effective 5/14/2019
13-39-203.
Rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the unit shall make rules to establish procedures under which:
(1)
(a) a person may register a contact point with the unit under Section 13-39-201, including:
(i) the information necessary to register an instant message identity; and
(ii) for purposes of Subsection 13-39-102(2)(e), an electronic address that is similar to a contact point listed in Subsection 13-39-102(2); and
(b) a school or other institution that primarily serves minors may register its domain name with the unit under Section 13-39-201;
(2) the unit shall:
(a) provide a mechanism under which a person described in Subsection 13-39-201(3) may verify compliance with the registry to remove registered contact points from the person's communications; and
(b) establish the mechanism described in Subsection (2)(a) in a manner that protects the privacy and security of a contact point registered with the unit under Section 13-39-201; and
(3) the unit may:
(a) implement a program offering discounted fees to a sender who meets enhanced security conditions established and verified by the unit, the third party registry provider, or a designee; and
(b) allow the third party registry provider to assist in any public or industry awareness campaign promoting the registry.
Amended by Chapter 356, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 39 - Child Protection Registry › Part 3 - Enforcement › Section 301 - Criminal penalty.

Effective 5/14/2019
13-39-301.
Criminal penalty.
(1) A person who violates Section 13-39-202 commits a computer crime and is guilty of a:
(a) class B misdemeanor for a first offense with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); and
(b) class A misdemeanor:
(i) for each subsequent violation with respect to a contact point registered with the unit under Subsection 13-39-201(2)(a); or
(ii) for each violation with respect to a domain name registered with the unit under Subsection 13-39-201(2)(b).
(2) A person commits a computer crime and is guilty of a second degree felony if the person:
(a) uses information obtained from the unit under this chapter to violate Section 13-39-202;
(b) improperly:
(i) obtains contact points from the registry; or
(ii) attempts to obtain contact points from the registry; or
(c) uses, or transfers to a third party to use, information from the registry to send a solicitation.
(3) A criminal conviction or penalty under this section does not relieve a person from civil liability in an action under Section 13-39-302.
(4) Each communication sent in violation of Section 13-39-202 is a separate offense under this section.
Amended by Chapter 356, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 39 - Child Protection Registry › Part 3 - Enforcement › Section 302 - Civil action for violation.

13-39-302.
Civil action for violation.
(1) For a violation of Section 13-39-202, an action may be brought by:
(a) a user of a contact point or domain name registered with the division under Section 13-39-201; or
(b) a legal guardian of a user described in Subsection (1)(a).
(2) In each action under Subsection (1):
(a) a person described in Subsection (1) may recover the greater of:
(i) actual damages; or
(ii) $1,000 for each communication sent in violation of Section 13-39-202; and
(b) the prevailing party shall be awarded costs and reasonable attorney fees.
Enacted by Chapter 338, 2004 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 39 - Child Protection Registry › Part 3 - Enforcement › Section 303 - Administrative enforcement.

Effective 5/14/2019
13-39-303.
Administrative enforcement.
(1) The attorney general:
(a) shall investigate violations of this chapter; and
(b) may bring an action against a person who violates this chapter.
(2) A person who violates this chapter is subject to:
(a) a cease and desist order or other injunctive relief; and
(b) a fine of not more than $2,500 for each separate communication sent in violation of Section 13-39-202.
(3)
(a) A person who intentionally violates this chapter is subject to a fine of not more than $5,000 for each communication intentionally sent in violation of Section 13-39-202.
(b) For purposes of this section, a person intentionally violates this chapter if the violation occurs after the 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 356, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 39 - Child Protection Registry › Part 3 - Enforcement › Section 304 - Defenses.

Effective 5/14/2019
13-39-304.
Defenses.
It is a defense to an action brought under this chapter that a person:
(1) reasonably relied on the mechanism established by the unit under Subsection 13-39-203(2); and
(2) took reasonable measures to comply with this chapter.
Amended by Chapter 356, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 40 - Utah E-Commerce Integrity Act › Part 2 - Phishing and Pharming › Section 201 - Phishing and pharming.

13-40-201.
Phishing and pharming.
(1) A person is guilty of phishing if, with intent to defraud or injure an individual, or with knowledge that the person is facilitating a fraud or injury to be perpetrated by another:
(a) the person makes a communication under false pretenses purporting to be by or on behalf of a legitimate business, without the authority or approval of the legitimate business; and
(b) the person uses the communication to induce, request, or solicit another person to provide identifying information or property.
(2) A person is guilty of pharming if, with intent to defraud or injure another, or with knowledge that the person is facilitating a fraud or injury to be perpetrated by another, the person:
(a) creates or operates a webpage that represents itself as belonging to or being associated with a legitimate business, without the authority or approval of the legitimate business, if that webpage may induce any user of the Internet to provide identifying information or property; or
(b) alters a setting on a user's computer or similar device or software program through which the user may search the Internet, causing any user of the Internet to view a communication that represents itself as belonging to or being associated with a legitimate business, if the message has been created or is operated without the authority or approval of the legitimate business and induces, requests, or solicits any user of the Internet to provide identifying information or property.
Repealed and Re-enacted by Chapter 200, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 40 - Utah E-Commerce Integrity Act › Part 2 - Phishing and Pharming › Section 202 - Removal of domain name or content -- Liability.

13-40-202.
Removal of domain name or content -- Liability.
If an Internet registrar or Internet service provider believes in good faith that an Internet domain name controlled or operated by the Internet registrar or Internet service provider, or content residing on an Internet website or other online location controlled or operated by the Internet registrar or Internet service provider, is used to engage in a violation of this part, the Internet registrar or Internet service provider is not liable under any provision of the laws of this state or of any political subdivision of the state for removing or disabling access to the Internet domain name or other content.
Repealed and Re-enacted by Chapter 200, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 40 - Utah E-Commerce Integrity Act › Part 2 - Phishing and Pharming › Section 203 - Application of part.

13-40-203.
Application of part.
(1) This part applies to the discovery of a phishing or pharming incident that occurs on or after July 1, 2010.
(2) This part does not apply to a telecommunications provider's or Internet service provider's good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information.
Enacted by Chapter 200, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 40 - Utah E-Commerce Integrity Act › Part 2 - Phishing and Pharming › Section 204 - Relation to other law.

13-40-204.
Relation to other law.
The conduct prohibited by this part is of statewide concern, and this part's provisions supersede and preempt any provision of law of a political subdivision of the state.
Enacted by Chapter 200, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 40 - Utah E-Commerce Integrity Act › Part 3 - Spyware Protection › Section 302 - Other prohibited conduct.

13-40-302.
Other prohibited conduct.
A person who is not an owner or operator of a computer may not, with regard to the computer:
(1) induce an owner or operator to install a computer software component onto the owner's or the operator's computer by intentionally misrepresenting that installing the computer software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content; or
(2) use intentionally deceptive means to cause the execution of a computer software component with the intent of causing the computer to use the computer software component in a manner that violates any other provision of this chapter.
Repealed and Re-enacted by Chapter 200, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 40 - Utah E-Commerce Integrity Act › Part 3 - Spyware Protection › Section 303 - Exceptions.

13-40-303.
Exceptions.
Sections 13-40-301 and 13-40-302 do not apply to the monitoring of, or interaction with, an owner's or an operator's Internet or other network connection, service, or computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, maintenance, repair, network management, authorized updates of computer software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing computer software prescribed under this chapter.
Enacted by Chapter 200, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 40 - Utah E-Commerce Integrity Act › Part 4 - Enforcement › Section 401 - Phishing and pharming violations.

13-40-401.
Phishing and pharming violations.
(1) A civil action against a person who violates any provision of Part 2, Phishing and Pharming, may be filed by:
(a) an Internet service provider that is adversely affected by the violation;
(b) an owner of a webpage, computer server, or a trademark that is used without authorization in the violation; or
(c) the attorney general.
(2) A person permitted to bring a civil action under Subsection (1) may obtain either actual damages for a violation of this chapter or a civil penalty not to exceed $150,000 per violation of Part 2, Phishing and Pharming.
(3) A violation of Part 2, Phishing and Pharming, by a state-chartered or licensed financial institution is enforceable exclusively by the financial institution's primary state regulator.
Repealed and Re-enacted by Chapter 200, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 40 - Utah E-Commerce Integrity Act › Part 4 - Enforcement › Section 402 - Spyware protection violations.

13-40-402.
Spyware protection violations.
(1) The attorney general, an Internet service provider, or a software company that expends resources in good faith assisting authorized users harmed by a violation of Part 3, Spyware Protection, or a trademark owner whose mark is used to deceive authorized users in violation of Part 3, Spyware Protection, may bring a civil action against a person who violates Part 3, Spyware Protection, to recover:
(a) actual damages and liquidated damages of at least $1,000 per violation of Part 3, Spyware Protection, not to exceed $1,000,000 for a pattern or practice of violations; and
(b) attorney fees and costs.
(2) The court may increase a damage award to an amount equal to not more than three times the amount otherwise recoverable under Subsection (1) if the court determines that the defendant committed the violation willfully and knowingly.
(3) The court may reduce liquidated damages recoverable under Subsection (1) to a minimum of $100, not to exceed $100,000 for each violation, if the court finds that the defendant established and implemented practices and procedures reasonably designed to prevent a violation of Part 3, Spyware Protection.
(4) In the case of a violation of Subsection 13-40-301(6)(a) that causes a telecommunications carrier or provider of voice over Internet protocol service to incur costs for the origination, transport, or termination of a call triggered using the modem or Internet-capable device of a customer of the telecommunications carrier or provider of voice over Internet protocol as a result of the violation, the telecommunications carrier or provider of voice over Internet protocol may bring a civil action against the violator:
(a) to recover the charges the telecommunications carrier or provider of voice over Internet protocol is required to pay to another carrier or to an information service provider as a result of the violation, including charges for the origination, transport, or termination of the call;
(b) to recover the costs of handling customer inquiries or complaints with respect to amounts billed for the calls;
(c) to recover reasonable attorney fees and costs; and
(d) for injunctive relief.
(5) For purposes of a civil action under Subsections (1), (2), and (3), a single action or conduct that violates more than one provision of Part 3, Spyware Protection, shall be considered as multiple violations based on the number of provisions violated.
Enacted by Chapter 200, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 41 - Price Controls During Emergencies Act › Part 2 - Excessive Prices Prohibited › Section 201 - Excessive price prohibited.

Effective 5/5/2021
13-41-201.
Excessive price prohibited.
(1) A person may not offer for sale, offer to provide, sell, or provide a good or service to a consumer at an excessive price, if:
(a) a state of emergency exists; and
(b) the person offers for sale, offers to provide, sells, or provides the good or service at retail:
(i)
(A) during the time period for which a state of emergency declared by the governor exists, if the state of emergency described in Subsection (1) is declared by the governor; or
(B) for 30 days after the day on which the state of emergency begins, if the state of emergency described in Subsection (1)(a) is declared by the president of the United States; and
(ii) within the emergency territory.
(2) A person may offer for sale, offer to provide, sell, or provide a good or service as otherwise prohibited under Subsection (1), if the person establishes that:
(a) the good or service is identical, similar, or comparable in nature to a good or service that the person sold or provided in the 30-day period immediately preceding the day on which the state of emergency described in Subsection (1)(a) is declared; and
(b) the person applies the same margin to the good or service as the margin applied to the identical, similar, or comparable good or service described in Subsection (2)(a) during the 30-day period immediately preceding the day on which the state of emergency described in Subsection (1)(a) is declared.
(3) Upon request of the division, a person allegedly offering for sale, offering to provide, selling, or providing a good or service at an excessive price in accordance with this chapter shall provide documentation to the division that the person is in compliance with this chapter.
Amended by Chapter 226, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 41 - Price Controls During Emergencies Act › Part 2 - Excessive Prices Prohibited › Section 202 - Enforcement -- Penalty.

Effective 5/5/2021
13-41-202.
Enforcement -- Penalty.
(1) The division shall enforce this chapter.
(2) In determining whether to investigate, contact, or request information from a person in the enforcement of this chapter, the division shall consider:
(a) whether a complaint, information, or evidence reasonably justifies further division inquiry;
(b) the burden contact, investigation, or providing information places on the person;
(c) the result of a previous investigation of the person, including whether the previous investigation suggests that the person did not violate this chapter;
(d) whether the person may benefit from receiving information about requirements under this chapter; and
(e) the potential gravity of harm to consumers, considering price, availability, and volume of a good or service.
(3) In enforcing this chapter, the division may not publicly disclose the identity of a person the division investigates unless:
(a) the person's identity is a matter of public record in an enforcement proceeding; or
(b) the person consents to public disclosure.
(4) In determining whether to impose penalties against a person who violates this chapter, the division shall consider:
(a) the person's cost of doing business not accounted for in the total cost to the person for the good or service, including costs associated with a decrease in the supply available to a person who relies on a high volume of sales;
(b) the person's efforts to comply with this chapter;
(c) whether the average price charged by the person during the 30-day period immediately preceding the day on which the state of emergency is declared is artificially deflated because the good or service was on sale for a lower price than the person customarily charges for the good or service; and
(d) any other factor that the division considers appropriate.
(5)
(a) If the division finds that a person has violated, or is violating, this chapter, the division may:
(i) issue a cease and desist order; and
(ii) subject to Subsection (5)(b), impose an administrative fine for each violation of this chapter.
(b) Each instance of charging an excessive price under Section 13-41-201 constitutes a separate violation, but in no case shall the administrative fine imposed under Subsection (5)(a) exceed double the excessive portion of the price the person charged.
(6) The division may sue in a court of competent jurisdiction to enforce an order under Subsection (5).
(7) In a suit brought under Subsection (5), if the division prevails, the court may award the division:
(a) court costs;
(b) attorney fees; and
(c) the division's costs incurred in the investigation of the violation of this chapter.
(8) All money received through an administrative fine imposed, or judgment obtained, under this section shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.
Amended by Chapter 226, 2021 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 103 - Exempt agreements and persons.

13-42-103.
Exempt agreements and persons.
(1) This chapter does not apply to an agreement with an individual who the provider has no reason to know resides in this state at the time of the agreement.
(2) This chapter does not apply to a provider to the extent that the provider:
(a) provides or agrees to provide debt-management, educational, or counseling services to an individual who the provider has no reason to know resides in this state at the time the provider agrees to provide the services; or
(b) receives no compensation for debt-management services from or on behalf of the individuals to whom it provides the services or from their creditors.
(3) This chapter does not apply to the following persons or their employees when the person or the employee is engaged in the regular course of the person's business or profession:
(a) a judicial officer, a person acting under an order of a court or an administrative agency, or an assignee for the benefit of creditors;
(b) a bank;
(c) an affiliate, as defined in Subsection 13-42-102(2)(b)(i), of a bank if the affiliate is regulated by a federal or state banking regulatory authority; or
(d) a title insurer, escrow company, or other person that provides bill-paying services if the provision of debt-management services is incidental to the bill-paying services.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 104 - Registration required.

13-42-104.
Registration required.
(1) Except as otherwise provided in Subsection (2), a provider may not provide debt-management services to an individual who it reasonably should know resides in this state at the time it agrees to provide the services, unless the provider is registered under this chapter.
(2) If a provider is registered under this chapter, Subsection (1) does not apply to an employee or agent of the provider.
(3) The administrator shall maintain and publicize a list of the names of all registered providers.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 105 - Application for registration -- Form, fee, and accompanying documents.

13-42-105.
Application for registration -- Form, fee, and accompanying documents.
(1) An application for registration as a provider shall be in a form prescribed by the administrator.
(2) Subject to adjustment of dollar amounts pursuant to Subsection 13-42-132(6), an application for registration as a provider shall be accompanied by:
(a) the fee established by the administrator in accordance with Section 63J-1-504;
(b) the bond required by Section 13-42-113;
(c) identification of all trust accounts subject to Section 13-42-122 and an irrevocable consent authorizing the administrator to review and examine the trust accounts;
(d) evidence of insurance in the amount of $250,000:
(i) against the risks of dishonesty, fraud, theft, and other misconduct on the part of the applicant or a director, employee, or agent of the applicant;
(ii) issued by an insurance company authorized to do business in this state and rated at least A or equivalent by a nationally recognized rating organization approved by the administrator;
(iii) with a deductible not exceeding $5,000;
(iv) payable to the applicant and this state for the benefit of the residents of this state, as their interests may appear; and
(v) not subject to cancellation by the applicant or the insurer until 60 days after written notice has been given to the administrator;
(e) a record consenting to the jurisdiction of this state containing:
(i) the name, business address, and other contact information of its registered agent in this state for purposes of service of process; or
(ii) the appointment of the administrator as agent of the provider for purposes of service of process; and
(f) if the applicant is organized as a not-for-profit entity or has obtained tax exempt status under the Internal Revenue Code, 26 U.S.C. Sec. 501, evidence of not-for-profit or tax-exempt status, or both.
(3)
(a) The administrator may waive or reduce the insurance requirement in Subsection (2)(d) if the provider does not:
(i) maintain control of a trust account or receive money paid by an individual pursuant to a plan for distribution to creditors;
(ii) make payments to creditors on behalf of individuals;
(iii) collect fees by means of automatic payment from individuals; and
(iv) execute any powers of attorney that may be utilized by the provider to collect fees from or expend funds on behalf of an individual.
(b) A waiver or reduction in insurance requirements allowed by the administrator under Subsection (3)(a) shall balance the reduction in risk posed by a provider meeting the stated requirements against any continued need for insurance against employee and director dishonesty.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 107 - Application for registration -- Obligation to update information.

13-42-107.
Application for registration -- Obligation to update information.
An applicant or registered provider shall notify the administrator no later than 10 days after a change in the information specified in Subsection 13-42-105(2)(d) or (f) or Subsection 13-42-106(1), (3), (6), (12), or (13).
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 108 - Application for registration -- Public information.

13-42-108.
Application for registration -- Public information.
Except for the information required by Subsections 13-42-106(7), (14), and (17) and the addresses required by Subsection 13-42-106(4), the administrator shall make the information in an application for registration as a provider available to the public.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 109 - Certification of registration -- Issuance or denial.

13-42-109.
Certification of registration -- Issuance or denial.
(1) Except as otherwise provided in Subsections (2) and (3), the administrator shall issue a certificate of registration as a provider to a person that complies with Sections 13-42-105 and 13-42-106.
(2) The administrator may deny registration if:
(a) the application contains information that is materially erroneous or incomplete;
(b) an officer, director, or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty or the violation of state or federal securities laws;
(c) the applicant or any of its officers, directors, or owners has defaulted in the payment of money collected for others; or
(d) the administrator finds that the financial responsibility, experience, character, or general fitness of the applicant or its owners, directors, employees, or agents does not warrant belief that the business will be operated in compliance with this chapter.
(3) The administrator shall deny registration if:
(a) the application is not accompanied by the fee established by the administrator in accordance with Section 63J-1-504; or
(b) with respect to an applicant that is organized as a not-for-profit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. Section 501, the applicant's board of directors is not independent of the applicant's employees and agents.
(4) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6), a board of directors is not independent for purposes of Subsection (3) if more than one-fourth of its members:
(a) are affiliates of the applicant, as defined in Subsection 13-42-102(2)(a) or 13-42-102(2)(b)(i), (ii), (iv), (v), (vi), or (vii); or
(b) after the date 10 years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than $25,000 in either the current year or the preceding year.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 110 - Certificate of registration -- Timing.

13-42-110.
Certificate of registration -- Timing.
(1) The administrator shall approve or deny an initial registration as a provider no later than 120 days after an application is filed. In connection with a request pursuant to Subsection 13-42-106(19) for additional information, the administrator may extend the 120-day period for not more than 60 days. Within seven days after denying an application, the administrator, in a record, shall inform the applicant of the reasons for the denial.
(2) If the administrator denies an application for registration as a provider or does not act on an application within the time prescribed in Subsection (1), the applicant may appeal and request a hearing pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
(3) Subject to Subsection 13-42-111(4) and Section 13-42-134, a registration as a provider is valid for one year.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 112 - Registration in another state -- Rulemaking.

13-42-112.
Registration in another state -- Rulemaking.
(1)
(a) Subject to rules made by the administrator, if a provider holds a license or certificate of registration in another state authorizing it to provide debt-management services, the provider may submit a copy of that license or certificate and the application for it instead of an application in the form prescribed by Subsection 13-42-105(1), Section 13-42-106, or Subsection 13-42-111(2).
(b) The administrator shall accept the application and the license or certificate from the other state as an application for registration as a provider or for renewal of registration as a provider, as appropriate, in this state if:
(i) the application in the other state contains information substantially similar to or more comprehensive than that required in an application submitted in this state;
(ii) the applicant provides the information required by Subsections 13-42-105(2)(d) and 13-42-106(1), (3), (7), (10), (12), and (13);
(iii) the applicant, under penalty of perjury, certifies that the information contained in the application is current or, to the extent it is not current, supplements the application to make the information current; and
(iv) the applicant files a surety bond or substitute in accordance with Section 13-42-113 or 13-42-114 that is solely payable or available to this state and to individuals who reside in this state.
(2) The administrator, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall make rules designating the states in which a provider may have a license or certificate that may be submitted to the administrator in compliance with this section.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 113 - Bond required.

13-42-113.
Bond required.
(1) Except as otherwise provided in Section 13-42-114, a provider that is required to be registered under this chapter shall file a surety bond with the administrator, which shall:
(a) be in effect during the period of registration and for two years after the provider ceases providing debt-management services to individuals in this state; and
(b) run to this state for the benefit of this state and of individuals who reside in this state when they agree to receive debt-management services from the provider, as their interests may appear.
(2) Subject to adjustment of the dollar amount pursuant to Subsection 13-42-132(6), a surety bond filed pursuant to Subsection (1) shall:
(a) be in the amount of $100,000;
(b) be issued by a bonding, surety, or insurance company authorized to do business in this state and rated at least A- by a nationally recognized rating organization; and
(c) have payment conditioned on noncompliance of the provider or its agent with this chapter.
(3) If the principal amount of a surety bond is reduced by payment of a claim or a judgment, the provider shall immediately notify the administrator and, no later than 30 days after notice by the administrator, file a new or additional surety bond in an amount to comply with the $100,000 requirement. If for any reason a surety terminates a bond, the provider shall immediately file a new surety bond in the amount of $100,000.
(4) The administrator or an individual may obtain satisfaction out of the surety bond procured pursuant to this section if:
(a) the administrator assesses expenses under Subsection 13-42-132(2)(a), issues a final order under Subsection 13-42-133(1)(b), or recovers a final judgment under Subsection 13-42-133(1)(d) or (e) or Subsection 13-42-133(4); or
(b) an individual recovers a final judgment pursuant to Subsection 13-42-135(1), Subsection 13-42-135(2), or Subsection 13-42-135(3)(a), (b), or (d).
(5) If claims against a surety bond exceed or are reasonably expected to exceed the amount of the bond, the administrator, on the initiative of the administrator or on petition of the surety, shall, unless the proceeds are adequate to pay all costs, judgments, and claims, distribute the proceeds in the following order:
(a) to satisfaction of a final order or judgment under Subsection 13-42-133(1)(a), (d), or (e) or Subsection 13-42-133(4);
(b) to final judgments recovered by individuals pursuant to Subsection 13-42-135(1), Subsection 13-42-135(2), or Subsection 13-42-135(3)(a), (b) or (d), pro rata;
(c) to claims of individuals established to the satisfaction of the administrator, pro rata; and
(d) if a final order or judgment is issued under Subsection 13-42-133(1), to the expenses charged pursuant to Subsection 13-42-132(2)(a).
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 114 - Bond required -- Substitute.

13-42-114.
Bond required -- Substitute.
(1) Instead of the surety bond required by Section 13-42-113, a provider, with the approval of the administrator and in the amount required by Subsection (2), may deliver to the administrator:
(a) an irrevocable letter of credit, issued or confirmed by a bank approved by the administrator, payable on presentation of a certificate by the administrator stating that the provider or its agent has not complied with this chapter; or
(b) bonds or other obligations of the United States or guaranteed by the United States or bonds or other obligations of this state or a political subdivision of this state, to be:
(i) deposited and maintained with a bank approved by the administrator for this purpose; and
(ii) delivered by the bank to the administrator on presentation of a certificate by the administrator stating that the provider or its agent has not complied with this chapter.
(2) If a provider furnishes a substitute pursuant to Subsection (1), Subsections 13-42-113(1), (3), (4), and (5) apply to the substitute.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 116 - Customer service.

13-42-116.
Customer service.
A provider that is required to be registered under this chapter shall maintain a toll-free communication system, staffed at a level that reasonably permits an individual to speak to a certified counselor or customer service representative, as appropriate, during ordinary business hours.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 120 - Termination of agreement.

13-42-120.
Termination of agreement.
(1) An individual who is a party to an agreement may terminate the agreement at any time, without penalty or obligation, by giving the provider notice in a record.
(2) A provider may terminate an agreement if an individual who is a party to the agreement fails for 60 days to make a payment or deposit required by the agreement or if other good cause exists.
(3) If an agreement is terminated:
(a) the provider, no later than seven business days after the termination, shall pay the individual who is a party to the agreement all money the provider or its designee received from or on behalf of the individual, other than:
(i) an amount properly disbursed to a creditor; and
(ii) fees earned pursuant to Section 13-42-123; and
(b) any power of attorney granted by the individual to the provider is revoked.
Repealed and Re-enacted by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 121 - Required language.

13-42-121.
Required language.
Unless the administrator, by rule, provides otherwise, the disclosures and documents required by this chapter shall be in English. If a provider communicates with an individual primarily in a language other than English, the provider shall furnish a translation in the other language of the disclosures and documents required by this chapter.
Amended by Chapter 152, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 124 - Voluntary contributions.

13-42-124.
Voluntary contributions.
A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until 30 days after completion or termination of a plan, the aggregate amount of money received from or on behalf of the individual may not exceed the total amount the provider may charge the individual under Section 13-42-123.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 125 - Voidable agreements.

13-42-125.
Voidable agreements.
(1) If a provider imposes a fee or other charge or receives money or other payments not authorized by Section 13-42-123 or 13-42-124, the individual may void the agreement and recover as provided in Section 13-42-135.
(2) If a provider is not registered as required by this chapter when an individual assents to an agreement, the agreement is voidable by the individual.
(3) If an individual voids an agreement under Subsection (2), the provider does not have a claim against the individual for breach of contract or for restitution.
Enacted by Chapter 154, 2006 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 42 - Uniform Debt-Management Services Act › Section 126 - Retention of records.

13-42-126.
Retention of records.
(1) For each individual for whom a provider provides debt-management services, the provider shall maintain records for five years after the final payment made by the individual.
(2) The provider shall produce a copy of the records to the individual within a reasonable time after a request for the records.
(3) The provider may use electronic or other means of storage of the records.
Repealed and Re-enacted by Chapter 152, 2012 General Session