UtahH.B. 2802026 General SessionHouseWALLET

Third Party Litigation Funding Amendments

Sponsored By: James A. Dunnigan (Republican)

Signed by Governor

BusinessFinancial InstitutionsAttorneysJudicial AdministrationJudicial Operations

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 7 benefits, 0 costs, 0 mixed.

Stronger rules for consumer contracts

Beginning May 6, 2026, consumer funding contracts must be clear, in writing, and complete before you sign. You get 10 business days to cancel by returning the funds as the contract explains. The contract must list the funded amount, itemized one‑time charges, and a schedule showing what is due at six‑month points if paid then. Payments cannot be a percentage of your recovery, and there are no prepayment penalties. The contract must state the funder cannot control your case, that payment comes only from proceeds, and your right to cancel. Providers must file a template contract with the Division before using it. If a funder willfully breaks these rules, they cannot enforce the agreement.

Who gets paid from settlements

Beginning May 6, 2026, you can assign part of your future settlement or award to a funding provider. The provider may place a lien on the proceeds. Only your attorney’s lien and Medicare or other statutory liens tied to the claim are paid before the funder’s lien. This sets who gets paid first from your settlement.

Funders must register with state

Beginning May 6, 2026, consumer funding providers must register with the Division of Consumer Protection. People who regularly fund cases commercially must also register. Applications and yearly renewals follow the Division’s process. The Division sets the application fee and what information is required.

Limits on funder influence, conflicts

Beginning May 6, 2026, a consumer funder cannot pay or accept referral fees with your lawyer or health care provider. The funder cannot refer you to a specific lawyer or provider, except a bar referral service. The funder cannot influence how your case is handled or pay court, filing, or attorney fees with the funding. They cannot ask you to waive rights like a jury trial. A funder also cannot fund you if your lawyer has a financial interest in that funder, or if the funder has deals with certain foreign entities.

What counts as lawsuit funding

Beginning May 6, 2026, Utah defines two types of third‑party lawsuit funding: consumer and commercial. A consumer deal is non‑recourse; the funder buys contingent rights and pays you directly. A commercial deal gives a funder an interest in claim proceeds through a written agreement. The law excludes attorney contingency fees, many medical liens with non‑contingent repayment, certain repayment loans, and 501(c)(3) nonprofits. Family, your accountant or attorney, and some banks that finance funding companies are not treated as consumer funders.

Rules start May 6, 2026

The law takes effect on May 6, 2026. That is when these rules and protections start.

New limits for commercial funders

Beginning May 6, 2026, commercial funders cannot make agreements with foreign entities or countries of concern. They cannot get or use sealed court materials unless a judge allows it. They cannot direct or control a party or the party’s attorney in the case or settlement.

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Sponsors & Cosponsors

Sponsor

  • James A. Dunnigan

    Republican • House

Cosponsors

  • Brady Brammer

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 121 • No: 1

Senate vote 3/4/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 25 • No: 0

House vote 2/27/2026

Senate Comm - Favorable Recommendation

Yes: 3 • No: 0

House vote 2/24/2026

House/ substituted

Yes: 0 • No: 0

House vote 2/24/2026

House/ passed 3rd reading

Yes: 67 • No: 1

House vote 2/24/2026

House/ circled

Yes: 0 • No: 0

House vote 2/24/2026

House/ uncircled

Yes: 0 • No: 0

House vote 2/18/2026

House Comm - Favorable Recommendation

Yes: 13 • No: 0

House vote 2/18/2026

House Comm - Substitute Recommendation

Yes: 13 • No: 0

Actions Timeline

  1. Governor Signed

    3/18/2026
  2. House/ to Governor

    3/16/2026House
  3. House/ received enrolled bill from Printing

    3/16/2026House
  4. House/ enrolled bill to Printing

    3/12/2026House
  5. Enrolled Bill Returned to House or Senate

    3/12/2026
  6. Draft of Enrolled Bill Prepared

    3/6/2026
  7. Bill Received from House for Enrolling

    3/6/2026
  8. House/ signed by Speaker/ sent for enrolling

    3/5/2026House
  9. House/ received from Senate

    3/5/2026House
  10. Senate/ to House

    3/4/2026Senate
  11. Senate/ signed by President/ returned to House

    3/4/2026Senate
  12. Senate/ passed 2nd & 3rd readings/ suspension

    3/4/2026Senate
  13. Senate/ 2nd & 3rd readings/ suspension

    3/4/2026Senate
  14. Senate/ Rules to 2nd Reading Calendar

    3/4/2026Senate
  15. Senate/ 2nd Reading Calendar to Rules

    3/4/2026Senate
  16. Senate/ placed on 2nd Reading Calendar

    3/2/2026Senate
  17. Senate/ committee report favorable

    3/2/2026Senate
  18. Senate Comm - Favorable Recommendation

    2/27/2026
  19. Senate/ to standing committee

    2/26/2026Senate
  20. Senate/ 1st reading (Introduced)

    2/25/2026Senate
  21. Senate/ received from House

    2/24/2026Senate
  22. House/ to Senate

    2/24/2026House
  23. House/ passed 3rd reading

    2/24/2026House
  24. House/ substituted

    2/24/2026House
  25. House/ uncircled

    2/24/2026House

Bill Text

  • Enrolled

    3/12/2026

  • Substitute #3

    2/23/2026

  • Substitute #2

    2/18/2026

  • Substitute #1

    2/13/2026

  • Introduced

    1/19/2026

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