Title 13, Commerce and Trade

13-42-106. Application for registration -- Required information. An applicant shall sign an application for registration as a provider under penalty of perjury and include in the application: (1) the applicant's name, principal business address and telephone number, and all other…

13-42-107. Application for registration -- Obligation to update information. An applicant or registered provider shall notify the division no later than 10 days after the day on which the change in the information specified in Subsection 13-42-105(2)(d) or (f) or Subsection 13-42…

13-42-108. Application for registration -- Public information. Except for the information required by Subsections 13-42-106(7), (14), and (17) and the addresses required by Subsection 13-42-106(4), the division shall make the information in an application for registration as a pr…

13-42-109. Certification of registration -- Issuance or denial. (1) Except as otherwise provided in Subsections (2) and (3), the division shall issue a certificate of registration as a provider to a person that complies with Sections 13-42-105 and 13-42-106. (2) The division may …

13-42-110. Certificate of registration -- Timing. (1) The division shall approve or deny an initial registration as a provider no later than 120 days after the day on which the applicant files the applicant's application. (2) In connection with a request in accordance with Subsec…

13-42-111. Renewal of registration. (1) A provider shall obtain a renewal of the provider's registration annually. (2) To obtain a renewal of the provider's registration a provider shall: (a) submit an application for renewal of registration as a provider in a form the division a…

13-42-112. Registration in another state -- Rulemaking. (1)(a) Subject to rules made by the division, if a provider holds a license or certificate of registration in another state authorizing the provider to provide debt-management services, the provider may submit a copy of that…

13-42-113. Surety bond required. (1) Except as otherwise provided in Section 13-42-114, a provider that is required to be registered under this chapter shall file a surety bond with the division, which shall: (a) be in effect during the period of registration and for two years af…

13-42-114. Bond required -- Substitute. (1) Instead of the surety bond required by Section 13-42-113, a provider, with the approval of the division and in the amount required by Subsection (2), may deliver to the division: (a) an irrevocable letter of credit, issued or confirmed …

13-42-115. Requirement of good faith. A provider shall act in good faith in all matters under this chapter.

13-42-116. Customer service. A provider that is required to be registered under this chapter shall maintain a toll-free communication system, staffed at a level that reasonably permits an individual to speak to a certified counselor or customer service representative, as appropri…

13-42-117. Prerequisites for providing debt-management services. (1) Before providing debt-management services, a provider shall give the individual an itemized list of goods and services and the charges for each. The list shall be clear and conspicuous, be in a record the indivi…

13-42-118. Communication by electronic or other means. (1) As used in this section: (a) "Consumer" means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes. (b) "Federal act" means the Electronic Signatures in …

13-42-119. Form and contents of agreement. (1) An agreement shall: (a) be in a record; (b) be dated and signed by the provider and the individual; (c) include the name of the individual and the address where the individual resides; (d) include the name, business address, and tele…

13-42-120. Termination of agreement. (1) An individual who is a party to an agreement may terminate the agreement at any time, without penalty or obligation, by giving the provider notice in a record. (2) A provider may terminate an agreement if an individual who is a party to th…

13-42-121. Required language. (1) Unless the division, by rule, provides otherwise, the disclosures and documents required by this chapter shall be in English. (2) If a provider communicates with an individual primarily in a language other than English, the provider shall furnish…

13-42-122. Trust account. (1)(a) A provider shall hold all money paid to the provider by or on behalf of an individual for distribution to creditors in accordance with a plan in a trust account. (b) No later than two business days after the day on which the provider receives the …

13-42-123. Fees and other charges. (1) A provider may not impose directly or indirectly a fee or other charge on an individual or receive money from or on behalf of an individual for debt-management services except as permitted by this section. (2) A provider may not impose charg…

13-42-124. Voluntary contributions. A provider may not solicit a voluntary contribution from an individual or an affiliate of the individual for any service provided to the individual. A provider may accept voluntary contributions from an individual but, until 30 days after compl…

13-42-125. Voidable agreements. (1) If a provider imposes a fee or other charge or receives money or other payments not authorized by Section 13-42-123 or 13-42-124, the individual may void the agreement and recover as provided in Section 13-42-135. (2) If a provider is not regis…

13-42-126. Retention of records. (1) For each individual for whom a provider provides debt-management services, the provider shall maintain records for five years after the final payment made by the individual. (2) The provider shall produce a copy of the records to the individua…

13-42-127. Periodic reports and retention of records. (1) A provider shall provide the accounting required by Subsection (2): (a) on cancellation or termination of an agreement; and (b) before cancellation or termination of any agreement: (i) at least once each month; and (ii) no…

13-42-128. Prohibited acts and practices. (1) A provider may not, directly or indirectly: (a) include a secured debt in a plan, except as authorized by law other than this chapter; (b) misappropriate or misapply money the provider holds in trust; (c) settle a debt on behalf of an…

13-42-129. Notice of litigation. No later than 30 days after the day on which a provider is served with notice of a civil action for a violation of this chapter by or on behalf of an individual who resides in this state at either the time of an agreement or the time the notice is…

13-42-130. Advertising. (1) If a provider whose agreements contemplate that creditors will reduce finance charges or fees for late payment, default, or delinquency advertises debt-management services, it shall disclose, in an easily comprehensible manner, that using a debt-manage…

13-42-131. Provider liability for the conduct of other persons -- Prohibited conduct of person providing service to provider. (1) If a provider delegates any of its duties or obligations under an agreement or this chapter to another person, including an independent contractor, th…

13-42-132. Powers of the division. (1) The division may: (a) act on the division's own initiative or in response to complaints; (b) receive complaints; (c) take action to obtain voluntary compliance with this chapter; (d) refer cases to the attorney general; and (e) seek or provi…

13-42-133. Administrative remedies. (1) The division may enforce this chapter and rules the division adopts under this chapter by taking one or more of the following actions: (a) ordering a provider, lead generator, person administering an account in accordance with Subsection 13…

13-42-134. Suspension, revocation, or nonrenewal of registration. (1) In this section, "insolvent" means a provider: (a) ceases to pay debts in the ordinary course of business other than as a result of good-faith dispute; (b) is unable to pay debts as the debts become due; or (c)…

13-42-135. Private enforcement. (1) If an individual voids an agreement in accordance with Subsection 13-42-125(2), the individual may recover in a civil action all money paid or deposited by or on behalf of the individual in accordance with the agreement, except amounts paid to …

13-42-136. Violation of Consumer Sales Practices Act. If an act or practice of a provider violates both this chapter and Chapter 11, Utah Consumer Sales Practices Act, an individual may not recover under both for the same act or practice.

13-42-137. Statute of limitations -- Tolling. The period prescribed in Subsection 13-2-6(6) is tolled during any period during which the provider or, if different, the defendant has materially and willfully misrepresented information required by this chapter to be disclosed to th…

13-42-138. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

13-42-139. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) o…

13-42-141. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and t…