Title 30, Title 30

(1) A credit counseling service may not require or accept any consideration from a consumer for the provision of services or the offer to provide services unless a written and dated debt management plan meeting the requirements of this section has been signed by the consumer. A c…

(1) A credit counseling service may not: (a) purchase any debt or obligation of a consumer; (b) lend money or provide credit to a consumer; (c) obtain a mortgage or other security interest in any property of a consumer; (d) operate as a collection agency; (e) structure a debt man…

(1) The remedies provided in this section are cumulative and apply to licensees and unlicensed persons to whom this part applies. (2) Any violation of this part constitutes an unfair or deceptive trade practice and is a violation of 30-14-103. (3) A person found to have violated …

As used in this part, unless the context indicates otherwise, the following definitions apply: (1) (a) "Article of commerce" includes but is not limited to any commodity, product, service or output of a service trade, or any product of the soil. (b) The term does not include a pr…

Any person who, either as director, officer, or agent of any business or as agent of any person, assists or aids, directly or indirectly, in a violation of this part is responsible for the violation equally with the person or business for whom or for which the person acts.

In an injunction proceeding or in the prosecution of a person acting as an officer, director, or agent, it is sufficient to allege and prove the unlawful intent of the person or business for whom or for which the person acts.

It is unlawful for a person or group of persons, directly or indirectly: (1) to enter an agreement for the purpose of fixing the price or regulating the production of an article of commerce; (2) for the purpose of creating or carrying out any restriction in trade, to: (a) limit p…

The provisions of 30-14-205 do not apply to any arrangements, agreement, or combination between laborers made with the object of lessening the number of hours of labor or increasing wages.

(1) It is unlawful for any business, with the intent to destroy the competition of any regular established dealer of any article of commerce or to prevent the competition of any person who in good faith intends or attempts to become such dealer, to discriminate between different …

(1) Any business which, for the purpose of creating a monopoly or destroying the business of a regularly established dealer or preventing the competition of any person who in good faith intends or attempts to become such dealer, discriminates between different persons or localiti…

It is unlawful for a vendor to sell, offer for sale, or advertise for sale any article of commerce at less than the cost thereof to the vendor or to give, offer to give, or advertise the intent to give away any article of commerce for the purpose of injuring competitors and destr…

Whenever a particular trade or industry, of which the person complained against is a member, has an established cost survey for the locality in which the offense is committed, such cost survey is competent evidence to be used in proving the costs of the person complained against.

As used in this part, the following definitions apply: (1) (a) "Debt settlement provider" means any person or entity engaging in or holding itself out as engaging in the business of debt settlement for compensation that does not in the usual and regular course of business hold, r…

(1) (a) A debt settlement provider shall maintain insurance coverage for dishonesty, fraud, theft, and other misconduct on the part of directors, officers, employees, or agents that is issued by an insurer rated at least A- or its equivalent by a nationally recognized rating orga…

(1) A debt settlement provider may not do any of the following: (a) provide debt settlement services without a written contract signed by the debtor; (b) receive or charge fees, other than setup fees, in an aggregate amount that is in excess of 20% of the principal amount of the …

(1) The attorney general or the county attorney of any county in which a debt settlement provider is doing business or a debtor resides may bring an action for a violation of 30-14-2102 or 30-14-2103. Upon finding that a person has violated or is violating a provision of 30-14-21…

(1) The department shall, whenever application has been made by 10 or more persons within a particular trade or business, as soon as possible, fix a time for a public hearing upon the question of whether the cost survey should be established and, if so, upon the matter of establi…

In establishing the cost of a given article or product to the distributor and vendor, the invoice cost of the article or product purchased at a forced, bankrupt, closeout, or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lo…

Sections 30-14-209, 30-14-210, and 30-14-212 do not apply to any sale made: (1) in closing out in good faith the owner's stock or any part of the stock for the purpose of discontinuing the owner's trade in any article of commerce; (2) of seasonal goods; (3) in good faith of peris…

(1) The following method shall be used in determining fair prices for agricultural products sold on local markets in a trade area, district, or city in which the major portion of an agricultural commodity or product is produced within or adjacent to the trade area, city, or distr…

(1) It is unlawful for any person engaged in the buying, selling, or handling of grain in any public local warehouse in this state or for the local agent in charge of such warehouse or any other agent of the person operating the same to enter into a contract, agreement, or unders…

It is unlawful for any person to destroy or to withhold from sale for a period of time which makes it necessary to destroy, in restraint of trade, any fish, fowl, animal, vegetable, or other product or article which is customary or proper food for human beings and is in fit sanit…

It is unlawful for a person to change, alter, substitute, or falsify an invoice if the practice tends to injure a competitor, destroy competition, or mislead a court or the department. Such practice is unfair trade practice and a person resorting to that trade practice is guilty …

A contract, express or implied, made by a person in violation of any of the provisions of 30-14-205 through 30-14-214 or 30-14-216 through 30-14-218 is an illegal contract upon which a recovery may not be had.

(1) The department may prevent a person from violating any of the provisions of this part. (2) Upon receiving notice that a person is violating or has violated any of the provisions of this part, the department shall immediately direct the person giving the notice either to appea…

(1) This part may be cited as the "Guaranteed Asset Protection Waiver Act". (2) The purpose of this part is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state. (3) This part does not apply to: (a) an insurance …

As used in this part, the following definitions apply: (1) "Administrator" means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs. (2) "Borrower" means a debtor, retail buyer…

(1) GAP waivers may be offered, sold, or provided to borrowers in this state in compliance with this part. (2) GAP waivers may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option. (3) Any cost to the borrower fo…

(1) Contractual liability or other insurance policies insuring GAP waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waivers issued by the creditor and purchased or held by the bo…

Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language, the following: (1) the name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the cre…

(1) Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free look period. GAP waivers must provide that if a borrower cancels a GAP waiver within the free look period, so long as no benefits have been provided, the borrower is entitled to a …

Sections 30-14-2203(3) and 30-14-2205 do not apply to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a commercial transaction.

(1) The department, for the purpose of conducting hearings and investigations that in the opinion of the department are necessary and proper for the exercise of the powers vested in the department by this part, shall at all reasonable times have access to any evidence concerning …

(1) A person who is or will be injured or the department may bring an action to enjoin an act that is in violation of 30-14-205 through 30-14-214 or 30-14-216 through 30-14-218 and for the recovery of damages. If the court finds that the defendant is violating or has violated any…

Upon the violation of any of the provisions of 30-14-205 through 30-14-214 or 30-14-216 through 30-14-218 by any business, the department may institute a proceeding in a court of competent jurisdiction for the forfeiture of the business's charter, rights, franchises or privileges…

(1) A person, whether as principal, agent, officer, or director, who purposely or knowingly violates any of the provisions of 30-14-207 through 30-14-214 or 30-14-216 through 30-14-218 is guilty of an offense for each violation and upon conviction may be fined an amount not more …

(1) A person engaged in the sale, repair, or replacement of automobile glass or in the business of automobile repair may not: (a) advertise, promise to provide, or offer any coupon, credit, or rebate to pay all or part of an insurance deductible under a casualty or property insur…

(1) All civil fines, settlement proceeds not otherwise designated for a specific use pursuant to court order, amounts awarded in judgments, costs, and fees received or recovered by the department pursuant to this part must be deposited into a state special revenue account to the …

(1) Unless otherwise prohibited under a franchise agreement and in the event of a transfer between a franchisee and a third party, the franchisor may not unilaterally alter existing contracts between the franchisor and the franchisee and the transferee. A violation of this sectio…

(1) (a) Except as provided in subsection (2), a retail establishment offering goods or services for sale must accept United States currency, including federal reserve notes, from a buyer to purchase the goods or services. (b) The state or any political subdivision of the state sh…

Actions brought by the department to enforce this part are subject to the statute of limitations pursuant to 27-2-231.

As used in this part, the following definitions apply: (1) "Actual price" means the price paid by a motorsports dealer to a motorsports manufacturer for a motorsports product less any pecuniary benefit relating to a motorsports product paid or credited by the motorsports manufact…

(Temporary) Unfair trade practices -- relationship between motorsports manufacturers and motorsports dealers. (1) In addition to the prohibited practices provided for in 30-14-103 and 61-4-208 and notwithstanding the terms of a franchise agreement, a motorsports manufacturer or a…

(1) A motorsports dealer may maintain an action to enjoin the continuance of any act in violation of the provisions of 30-14-2502 and to recover damages. A court, upon finding that the motorsports manufacturer is violating or has violated the provisions of 30-14-2502, shall enjoi…

For the purposes of this part, the following definitions apply: (1) "Ambulance service" means a person licensed under 50-6-306 who provides ground or air ambulance transport. (2) "Consumer reporting agency" has the meaning provided in 30-14-1726. (3) "Credit report" has the meani…

(1) (a) Subject to one of the conditions under subsection (1)(b), an ambulance service licensed in this state may not submit to a consumer reporting agency information intended to affect a patient's credit report because the patient has not made full payment of a bill for ambulan…