Section 1 – Citation of act.
13-11-1. Citation of act. This act shall be known and may be cited as the “Utah Consumer Sales Practices Act.” Enacted by Chapter 188, 1973 General Session
Section 16 – Investigatory powers of enforcing authority.
13-11-16. Investigatory powers of enforcing authority. (1) If, by his own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, is engaging in, or is about to engage in an act or practice that violates this act, he may administer oaths and affirmations, subpoena […]
Section 17 – Actions by enforcing authority.
Effective 5/8/2018 13-11-17. Actions by enforcing authority. (1) The enforcing authority may bring an action in a court of competent jurisdiction to: (a) obtain a declaratory judgment that an act or practice violates this chapter; (b) enjoin, in accordance with the principles of equity, a supplier who has violated, is violating, or is otherwise likely […]
Section 17.5 – Costs and attorney’s fees.
13-11-17.5. Costs and attorney’s fees. Any judgment granted in favor of the enforcing authority in connection with the enforcement of this chapter shall include, in addition to any other monetary award or injunctive relief, an award of reasonable attorney’s fees, court costs, and costs of investigation. Enacted by Chapter 105, 1987 General Session
Section 18 – Noncompliance by supplier subject to other state supervision — Cooperation of enforcing authority and other official or agency.
13-11-18. Noncompliance by supplier subject to other state supervision — Cooperation of enforcing authority and other official or agency. (1) If the enforcing authority receives a complaint or other information relating to noncompliance with this act by a supplier who is subject to other supervision in this state, the enforcing authority shall inform the official […]
Section 19 – Actions by consumer.
Effective 5/8/2018 13-11-19. Actions by consumer. (1) Whether he seeks or is entitled to damages or otherwise has an adequate remedy at law, a consumer may bring an action to: (a) obtain a declaratory judgment that an act or practice violates this chapter; and (b) enjoin, in accordance with the principles of equity, a supplier […]
Section 2 – Construction and purposes of act.
13-11-2. Construction and purposes of act. This act shall be construed liberally to promote the following policies: (1) to simplify, clarify, and modernize the law governing consumer sales practices; (2) to protect consumers from suppliers who commit deceptive and unconscionable sales practices; (3) to encourage the development of fair consumer sales practices; (4) to make […]
Section 20 – Class actions.
13-11-20. Class actions. (1) An action may be maintained as a class action under this act only if: (a) the class is so numerous that joinder of all members is impracticable; (b) there are questions of law or fact common to the class; (c) the claims or defenses of the representative parties are typical of […]
Section 21 – Settlement of class action — Complaint in class action delivered to enforcing authority.
13-11-21. Settlement of class action — Complaint in class action delivered to enforcing authority. (1) (a) A defendant in a class action may file a written offer of settlement. If it is not accepted within a reasonable time by a plaintiff class representative, the defendant may file an affidavit reciting the rejection. The court may […]
Section 22 – Exemptions from application of act.
13-11-22. Exemptions from application of act. (1) This act does not apply to: (a) an act or practice required or specifically permitted by or under federal law, or by or under state law; (b) a publisher, broadcaster, printer, or other person engaged in the dissemination of information or the reproduction of printed or pictorial matter […]
Section 23 – Other remedies available — Class action only as prescribed by act.
13-11-23. Other remedies available — Class action only as prescribed by act. The remedies of this act are in addition to remedies otherwise available for the same conduct under state or local law, except that a class action relating to a transaction governed by this act may be brought only as prescribed by this act. […]
Section 4 – Deceptive act or practice by supplier.
Effective 5/5/2021 13-11-4. Deceptive act or practice by supplier. (1) A deceptive act or practice by a supplier in connection with a consumer transaction violates this chapter whether it occurs before, during, or after the transaction. (2) Without limiting the scope of Subsection (1), a supplier commits a deceptive act or practice if the supplier […]
Section 4.1 – Targeted solicitations involving financial information — Restrictions.
Effective 5/12/2020 13-11-4.1. Targeted solicitations involving financial information — Restrictions. (1) As used in this section: (a) “Account holder” means a person for whom a personal account is held by a financial institution. (b) “Financial institution” means: (i) a state or federally chartered: (A) bank; (B) savings and loan association; (C) savings bank; (D) industrial […]
Section 5 – Unconscionable act or practice by supplier.
13-11-5. Unconscionable act or practice by supplier. (1) An unconscionable act or practice by a supplier in connection with a consumer transaction violates this act whether it occurs before, during, or after the transaction. (2) The unconscionability of an act or practice is a question of law for the court. If it is claimed or […]
Section 6 – Service of process.
13-11-6. Service of process. (1) In addition to any other method provided by rule or statute, personal jurisdiction over a supplier may be acquired in a civil action or proceeding instituted in the district court by the service of process as provided in Subsection (3). (2) (a) A supplier that engages in any act or […]
Section 7 – Duties of enforcing authority — Confidentiality of identity of persons investigated — Civil penalty for violation of restraining or injunctive orders.
13-11-7. Duties of enforcing authority — Confidentiality of identity of persons investigated — Civil penalty for violation of restraining or injunctive orders. (1) The enforcing authority shall: (a) enforce this chapter throughout the state; (b) cooperate with state and local officials, officials of other states, and officials of the federal government in the administration of […]
Section 8 – Powers of enforcing authority.
13-11-8. Powers of enforcing authority. (1) The enforcing authority may conduct research, hold public hearings, make inquiries, and publish studies relating to consumer sales acts or practices. (2) The enforcing authority shall adopt substantive rules that prohibit with specificity acts or practices that violate Section 13-11-4 and appropriate procedural rules. Enacted by Chapter 188, 1973 […]
Section 9 – Rule-making requirements.
13-11-9. Rule-making requirements. (1) In addition to complying with other rule-making requirements imposed by this act, the enforcing authority shall: (a) adopt as a rule a description of the organization of his office, stating the general course and method of operation of his office and method whereby the public may obtain information or make submissions […]