Title 13, Commerce and Trade

13-22-103. Action for damages. Nothing in this chapter precludes a person damaged as a result of a charitable solicitation from maintaining a civil action for damages or injunctive relief.

13-22-104. Registration required. (1) Unless a person acting as a professional fundraiser registers with the division in accordance with Section 13-22-105, the person may not: (a) make or facilitate a charitable solicitation either directed toward the state or originating from th…

13-22-105. Professional fundraiser's or fundraising consultant's registration. (1) A person applying for or renewing a registration as a professional fundraiser or a professional fundraising consultant shall: (a) pay an application fee the division determines under Section 63J-1-…

13-22-106. Expiration of registration. (1) A professional fundraiser's or professional fundraising consultant's registration issued under this chapter expires one year after the day on which the division issues the registration. (2) A professional fundraiser or a professional fun…

13-22-107. Grounds for denial, suspension, or revocation. In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke an application or regis…

13-22-108. Prohibited practices. In connection with a charitable solicitation, each of the following acts and practices is prohibited: (1) stating or implying that registration constitutes endorsement or approval by the division or a governmental entity; (2) violating a requireme…

13-22-109. Accuracy not guaranteed. (1)(a) By issuing a registration, the state does not guarantee the accuracy of any representation contained in the registration, nor does the state warrant that a statement made by the holder of the registration is truthful. (b) The state makes…

13-22-110. Financial reports required -- Rulemaking. (1)(a) Subject to Subsection (2), a charitable organization that is a nonprofit corporation, or that is a foreign nonprofit corporation, shall annually file with the Division of Corporations and Commercial Code an unredacted co…

13-22-111. Separate accounts and receipts required. (1)(a) A professional fundraiser shall segregate and maintain all contributed funds in an account held separately from the professional fundraiser's operating account. (b) A professional fundraiser shall deposit each contributio…

13-22-112. Written agreement required. (1) A professional fundraiser or professional fundraising consultant may only engage in activities on behalf of a charitable organization through written agreement with the charitable organization. (2) A charitable organization may only enga…

13-22-113. Reciprocal agreements. (1) The division may convey or exchange information obtained under this chapter with another agency that has regulatory authority over charitable organizations. (2) The division may accept information that a charitable organization, professional …

13-22-114. Charitable sales promotions. A commercial co-venturer shall disclose in each advertisement for a charitable sales promotion the dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization or purpose.

13-22-115. Fiduciary capacity. A person soliciting, collecting, or expending a contribution for charitable purposes, and every officer, director, trustee, or employee of a person concerned with the charitable solicitation, collection, or expenditure of the contribution for charit…

13-22-116. Fundraising campaign recordkeeping requirements. (1) As used in this section, "fundraising campaign" means a charitable solicitation activity that a professional fundraiser engages in on behalf of a charitable organization where the professional fundraiser receives a p…

13-22-18. Local ordinance. This chapter does not prohibit any political subdivision of the state from enacting any ordinance regulating the solicitation of contributions within the subdivision's boundaries so long as the ordinance only coordinates enforcement of this chapter with…

13-23-101. Definitions. As used in this chapter: (1) "Business enterprise" means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. (2) "Consumer" means a purchaser of fitness cen…

13-23-102. Contracts for fitness center services. (1)(a) A contract for the purchase of a fitness center service shall be in writing. (b) The written contract described in Subsection (1)(a) shall constitute the entire agreement between the consumer and the fitness center. (2)(a) …

13-23-103. Rescission. (1) A consumer may rescind a contract for the purchase of a fitness center service by emailing or mailing written notice of the consumer's intent to rescind: (a) to the email address or mailing address the fitness center provides in the contract, in accorda…

13-23-104. Registration -- Bond or certificate of deposit required -- Penalties. (1) A fitness center may not operate a fitness center facility in this state unless the fitness center registers the fitness center facility with the division in accordance with this section. (2) To …

13-23-105. Exemptions from surety bond or certificate of deposit requirement. (1) A fitness center is exempt from Subsections 13-23-104(7) through (10) for a fitness center facility, if the fitness center only offers access to a fitness center service at the fitness center facili…

13-23-106. Enforcement -- Costs and attorney fees -- Penalties. (1) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, the division may: (a) impose an administrative fine of up to $2,500 for a violation of this chapter; and (b) brin…

13-23-107. Grounds for denial, suspension, or revocation. In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the director may initiate adjudicative proceedings to deny, suspend, or revoke an application or registration if: (1) the division finds that the deni…

13-24-1. Short title. This chapter is known as the "Uniform Trade Secrets Act."

13-24-2. Definitions. As used in this chapter, unless the context requires otherwise: (1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. (2) "Misappropria…

13-24-3. Injunctive relief. (1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in or…

13-24-4. Damages. (1) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can…

13-24-5. Attorneys' fees. If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorneys' fees to the prevailing party.

13-24-6. Preservation of secrecy. In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the rec…

13-24-7. Statute of limitations. An action for misappropriation shall be brought within three years after the misappropriation is discovered or, by the exercise of reasonable diligence, should have been discovered. For the purposes of this section, a continuing misappropriation c…

13-24-8. Effect on other law. (1) Except as provided in Subsection (2), this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. (2) This chapter does not affect: (a) contractual remedies…

13-24-9. Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the chapter among states enacting it.

13-25a-102. Definitions. As used in this chapter: (1) "Advertisement" means material offering for sale, or advertising the availability or quality of, any property, good, or service. (2)(a) "Automated telephone dialing system" means equipment used to: (i) store or produce telepho…

13-25a-103. Prohibited conduct for telephone solicitations -- Exceptions. (1) Except as provided in Subsection (2), a person may not operate or authorize the operation of an automated telephone dialing system to make a telephone solicitation. (2) A person may operate an automated…

13-25a-104. Prohibited conduct for facsimiles -- Exceptions. (1) Except as provided in Subsection (2), a person may not operate or authorize the operation of a facsimile machine to send an advertisement. (2) A person may operate a facsimile machine if the advertisement is sent: (…

13-25a-105. Penalties -- Administrative and criminal. (1) Any person who violates this chapter is subject to: (a) a cease and desist order; and (b) an administrative fine of not less than $100 or more than $2,500 for each separate violation. (2) Any person who violates this chapt…

13-25a-106. Enforcement. (1) The division shall investigate and assess administrative fines for violations of this chapter. (2)(a) Upon referral from the division, the attorney general or any district or county attorney may: (i) bring an action for temporary or permanent injuncti…

13-25a-107. Private action. (1) In addition to any other remedies, a person may bring an action in any state court of competent jurisdiction if: (a)(i) the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that:…

13-25a-107.2. Requests to a specific telephone solicitor. (1) A telephone solicitor may not make or cause to be made a telephone solicitation to a person who has informed the telephone solicitor, either in writing or orally, that the person does not wish to receive a telephone ca…

13-25a-108. Prohibited telephone solicitations. (1) A person may not make or cause to be made an unsolicited telephone call to a person: (a) located in the state; and (b)(i) at a Utah telephone number contained in the national "do-not-call" registry established and maintained by …

13-25a-111. Exemptions. Notwithstanding any other provision of this chapter, Sections 13-25a-103 and 13-25a-108 do not apply toa person who holds and acts within the scope of a license or registration: (1) under Title 31A, Insurance Code; (2) issued by the Division of Real Estate…

13-26-101. Definitions. As used in this chapter: (1) "Affiliated person" means a seller or a seller's contractor, director, employee, officer, owner, or partner. (2) "Continuity plan" means a shipment, with the prior express consent of the buyer, at regular intervals of similar s…

13-26-102. Registration and surety bond or certificate of deposit required. (1)(a) Unless exempt under Section 13-26-104, a seller shall register annually with the division before engaging in telephone solicitations if: (i) the seller engages in telephone solicitations that: (A) …

13-26-103. Denial, suspension, or revocation of an application or registration. In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke a…

13-26-104. 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 descr…

13-26-105. Right of rescission -- Cancellation. (1) As used in this section, "business day" means a day other than Saturday, Sunday or a federal or state holiday. (2) Before engaging in a solicitation with a consumer, a seller or a seller's solicitor shall orally advise the consu…

13-26-106. Penalties and enforcement. (1) In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection: (a) the director may impose an administrative fine of up to $2,500 for each violation of this chapter; and (b) the division may brin…