13-26-10. Provisions of chapter not exclusive. 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. Enacted by Chapter 184, 1991 General Session
Effective 5/4/2022 13-26-11. Prohibited practices. (1) It is unlawful for a seller to: (a) solicit a prospective purchaser if the seller is not registered with the division or exempt from registration under this chapter; (b) in connection with a telephone solicitation or a filing with the division, make or cause to be made a false […]
Effective 5/4/2022 13-26-12. Consumer complaints are public. (1) As used in this section, “consumer complaint” means a complaint that: (a) a person files with the division; (b) alleges facts relating to conduct that the division regulates under this chapter; and (c) (i) alleges a loss to the person described in Subsection (1)(a) of $3,500 or […]
Effective 5/4/2022 13-26-3. Registration and bond required. (1) (a) Unless exempt under Section 13-26-4, each seller shall register annually with the division before engaging in telephone solicitations if: (i) the seller engages in telephone solicitations that: (A) originate in Utah; or (B) are received in Utah; or (ii) the seller, or a solicitor on behalf […]
Effective 5/4/2022 13-26-4. Exemptions from registration. (1) In an enforcement action initiated by the division, a person claiming an exemption has the burden of proving that the person is entitled to the exemption. (2) The following are exempt from this chapter except for the requirements described in Sections 13-26-8 and 13-26-11: (a) a broker, agent, […]
Effective 5/4/2022 13-26-5. Right of rescission — Cancellation. (1) As used in this section, “business day” means a day other than Sunday or a federal or state holiday. (2) (a) Except as provided in Subsections (2)(b) and (c), in addition to any right to otherwise revoke an offer, a person who makes a purchase from […]
Effective 5/4/2022 13-26-8. Penalties. (1) (a) A seller or solicitor who violates a provision of this chapter is guilty of: (i) a class B misdemeanor for a first violation; (ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and (iii) if the seller or solicitor has two […]
