Section 301 – Exemptions.
15-10-301. Exemptions. This chapter does not apply to a contract made pursuant to Title 11, Chapter 13, Interlocal Cooperation Act. Enacted by Chapter 46, 2003 General Session
Section 202 – Remedy for violation.
15-10-202. Remedy for violation. (1) Subject to Subsection (2), if a seller does not comply with Section 15-10-201 with respect to a service contract containing an automatic renewal provision: (a) the automatic renewal provision is void and unconscionable as a matter of public policy; and (b) the service contract shall automatically renew on a month-to-month […]
Section 7 – Prohibited practices.
15-8-7. Prohibited practices. A rental purchase agreement may not contain: (1) a confession of judgment; (2) a negotiable instrument; (3) a claim of a property interest in any goods except those goods delivered by the lessor pursuant to the rental purchase agreement; (4) a wage assignment; (5) a waiver by the consumer of claims or […]
Section 8 – Reinstatement.
15-8-8. Reinstatement. (1) (a) A consumer who fails to make a timely rental payment may reinstate the agreement, without losing any rights or options that exist under the agreement, by paying: (i) all past due rental charges; (ii) reasonable costs of pickup and redelivery if the consumer reinstates after lessor has been required to pick […]
Section 9 – Receipts and accounts.
15-8-9. Receipts and accounts. A lessor shall, upon request by the consumer, provide a written receipt for each payment made by cash or money order. Enacted by Chapter 251, 1993 General Session
Section 10 – Renegotiations and extensions.
15-8-10. Renegotiations and extensions. (1) A renegotiation shall occur when an existing rental purchase agreement is satisfied and replaced by a new agreement entered into by the same lessor and consumer. A renegotiation shall be considered a new agreement requiring new disclosures. However, events such as the following may not be treated as renegotiations: (a) […]
Section 11 – Enforcement — Penalties.
15-8-11. Enforcement — Penalties. (1) (a) A lessor who fails to comply with the requirements of this chapter is liable to a consumer in an amount equal to the greater of: (i) the actual damages sustained by the consumer as a result of the lessor’s failure to comply with this chapter; or (ii) 25% of […]
Section 12 – Lessor’s defenses.
15-8-12. Lessor’s defenses. (1) If a lessor established by a preponderance of evidence that a violation of this chapter is unintentional or the result of a bona fide error, no penalty specified in Section 15-8-11 may be imposed and the validity of the transaction is not affected. (2) A lessor has no liability under this […]
Section 201 – Notice requirement.
Effective 5/13/2014 15-10-201. Notice requirement. (1) Except as provided in Subsection (2)(b), a service contract may not contain an automatic renewal provision unless the seller provides the consumer written notice complying with Subsection (2) that informs the consumer of the automatic renewal provision. (2) (a) For a service contract executed on or after July 1, […]
Section 11 – Registration records — Public inspection — Location.
15-7-11. Registration records — Public inspection — Location. (1) Records, with regard to the ownership of or security interests in registered public obligations, are not subject to inspection or copying under any law of this state relating to the right of the public to inspect or copy public records. (2) Registration records of the issuer […]