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

8 provisions identified: 4 benefits, 2 costs, 2 mixed.

Stronger protections against lawsuit funding abuses

Beginning May 6, 2026, a funder or its successor cannot enforce an agreement tied to the funder's willful violation of this law. Consumer funders cannot influence settlements, interfere with lawyers' judgment, or seek to waive consumer rights, including jury trials. They also cannot fund court costs or lawyer fees based on the funding. Referral fees for sending consumers to funders are barred, with limited exceptions such as certain bar referral services.

Broader lawsuit funding access with conditions

Beginning May 6, 2026, consumer lawsuit funding covers Utah residents, people domiciled there, plaintiffs with Utah claims, and Utah wrongful-death estates. The revised definition drops the former $500,000 funding maximum. Consumers must sign a statement confirming they reviewed disclosures with their lawyer and have a written contingency-fee agreement. They must direct their lawyer to handle claim money through a trust account or settlement fund and follow the funding agreement. Without this statement, the agreement is void; later ending or changing lawyers does not invalidate it. Providers cannot offer funding when the consumer's lawyer or referring law firm has a financial interest in the provider.

Lawsuit funders gain settlement payment priority

Beginning May 6, 2026, a party can assign a funder the right to receive a stated amount from future claim proceeds. The funder's lien takes priority over other liens, except lawyers' liens and Medicare or other statutory liens tied to that claim. This allows claim proceeds to back funding but affects how much settlement money remains for the claimant.

Clearer lawsuit funding costs for consumers

Beginning May 6, 2026, providers must give consumers complete, plain-language agreements before signing. Agreements must show the funded amount, itemized one-time charges, and repayment totals at six-month intervals, including the total payable. Multiple agreements with the same company must show the combined amount due, including charges. A capital-letter notice in at least 12-point type must explain that repayment comes only from available claim proceeds. Consumers owe nothing without proceeds, except for fraud or a material contract violation. Agreements must explain that providers cannot control settlements, describe the 10-business-day cancellation right, and warn consumers above their signature to read and consult a lawyer.

More time to cancel lawsuit funding

Beginning May 6, 2026, consumers have 10 business days after signing to cancel lawsuit funding, up from five. Cancellation carries no penalty or further obligation when consumers return all disbursed money using a method listed in the agreement. Providers also cannot charge a separate fee or penalty for early repayment. No part of a consumer funding payment can be based on a percentage of the recovery.

Commercial lawsuit clients keep case control

Beginning May 6, 2026, commercial lawsuit funders cannot direct a funded party or lawyer or claim a contractual right to control them. The party and lawyer keep control over handling, settling, and resolving the claim. Funders cannot receive, access, or use sealed or court-protected case information without a court order specifically authorizing access. Commercial funding rules exclude consumer agreements, contingency-fee lawyer arrangements, health plans, ordinary noncontingent bank lending, nonprofit pro bono funding, environmental cleanup funding, and specified medical liens.

Lawsuit funders face foreign party limits

Beginning May 6, 2026, consumer and commercial lawsuit funders cannot make covered agreements directly or indirectly with designated foreign parties of concern. The ban covers foreign entities, countries, and people identified under the law's referenced federal or state lists. This limits which parties providers can contract with.

Lawsuit funders face registration and reporting

Beginning May 6, 2026, consumer funders and providers regularly offering commercial lawsuit funding must register with Utah's Division of Consumer Protection. They must renew yearly, pay applicable fees, and submit required information; the Division sets transition rules. By April 1, registered providers must file sworn reports for the prior year covering agreement counts, funding totals, itemized charges, annual returns, and realized-versus-contracted profits. Consumer providers must file an agreement template before making agreements. The Division can make rules, impose penalties, and enforce the law.

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

Senate 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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