Title 13, Title 13: Commerce and Trade

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 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. No later than two business days after the day on which the provider receives the money, …

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 Sectionor, the individual may void the agreement and recover as provided in Section. 13-42-123 13-42-124 13-42-135 (2) If a provider is not regist…

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) on cancellation or termination of an agreement; and before cancellation or termination of any agreement: at least once each month; and no later than five …

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

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: act on the division's own initiative or in response to complaints; receive complaints; take action to obtain voluntary compliance with this chapter; refer cases to the attorney general; and seek or provide remedies as 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: ordering a provider, lead generator, person administering an account in accordance with Subsection, or di…

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

13-42-135. Private enforcement. (1) If an individual voids an agreement in accordance with Subsection, 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 a creditor, i…

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

13-42-137. Statute of limitations -- Tolling. The period prescribed in Subsectionis 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 the individua…

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…

13-43-101. Title. This chapter is known as the "Property Rights Ombudsman Act."

13-43-102. Definitions. As used in this chapter: (1) "Constitutional taking" or "taking" means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under: the Fifth or Fourteenth Amendment of the Constitution of the …

13-43-201. Office of the Property Rights Ombudsman. (1) There is created an Office of the Property Rights Ombudsman in the Department of Commerce. (2) The executive director of the Department of Commerce, with the concurrence of the Land Use and Eminent Domain Advisory Board crea…

13-43-202. Land Use and Eminent Domain Advisory Board -- Appointment -- Compensation -- Duties. (1) There is created the Land Use and Eminent Domain Advisory Board, within the Office of the Property Rights Ombudsman, consisting of the following seven members: one individual repre…

13-43-203. Office of the Property Rights Ombudsman -- Duties. (1) The Office of the Property Rights Ombudsman shall: develop and maintain expertise in and understanding of takings, eminent domain, and land use law; clearly identify the specific information that is prepared for di…

13-43-204. Office of the Property Rights Ombudsman -- Arbitration or mediation of disputes. (1) If requested by the private property owner, or in the case of a water conveyance facility either the private property owner or the facility owner of the water conveyance facility, and …

13-43-205. Advisory opinion. (1) A local government, private entity, or a potentially aggrieved person may, in accordance with Section, request a written advisory opinion: 13-43-206 from a neutral third party to determine compliance with: Sections,,,,,,,,,,, and; 10-20-506 10-20-…

13-43-206. Advisory opinion -- Process. (1) A request for an advisory opinion under Sectionshall be: 13-43-205 filed with the Office of the Property Rights Ombudsman; and accompanied by a filing fee of $150. (2) The Office of the Property Rights Ombudsman may establish policies p…

13-44-101. Title. This chapter is known as the "Protection of Personal Information Act."

13-44-102. Definitions. As used in this chapter: (1) "Breach of system security" means an unauthorized acquisition of computerized data maintained by a person that compromises the security, confidentiality, or integrity of personal information. "Breach of system security" does no…

13-44-103. Applicability. This chapter does not apply to a financial institution or an affiliate, as defined in 15 U.S.C. Sec. 6809, of a financial institution.

13-44-201. Protection of personal information. (1) Any person who conducts business in the state and maintains personal information shall implement and maintain reasonable procedures to: prevent unlawful use or disclosure of personal information collected or maintained in the reg…

13-44-202. Personal information -- Disclosure of system security breach. (1) A person who owns or licenses computerized data that includes personal information concerning a Utah resident shall, when the person becomes aware of a breach of system security, conduct in good faith a …

13-44-301. Enforcement -- Confidentiality agreement -- Penalties. (1) The attorney general may enforce this chapter's provisions. (2) Nothing in this chapter creates a private right of action. Nothing in this chapter affects any private right of action existing under other law, i…

13-45-101. Title. This chapter is known as the "Consumer Credit Protection Act."

13-45-102. Definitions. As used in this chapter: (1) "Consumer" means an individual who is not a protected consumer. (2) "Consumer reporting agency" means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the pra…

13-45-201. Security freeze. (1) As used in this part: "Security freeze" means a prohibition, consistent with the provisions of this section, on a consumer reporting agency's furnishing of a consumer's credit report to a third party intending to use the credit report to determine …

13-45-202. Removal of security freeze -- Requirements and timing. (1) A consumer reporting agency shall remove a security freeze from a consumer's credit report only if: the consumer reporting agency receives the consumer's request through the contact method established and requi…

13-45-203. Exceptions. (1) Notwithstanding Section, a consumer reporting agency may furnish a consumer's credit report to a third party if: 13-45-201 the purpose of the credit report is to: use the credit report for purposes permitted under 15 U.S.C. Sec. 1681b(c); or review the …

13-45-204. Fees for security freeze. (1) A consumer reporting agency may not charge a fee for placing, removing, or temporarily removing a security freeze. (2) A consumer reporting agency may not charge a fee to download or install a mobile application through which a person plac…

13-45-205. Changes to information in a credit report subject to a security freeze. (1) If a credit report is subject to a security freeze, a consumer reporting agency shall notify the consumer who is the subject of the credit report within 30 days if the consumer reporting agency…

13-45-301. Protection of personal information. (1) Except as allowed by other law, a person may not display a Social Security number in a manner or location that is likely to be open to public view. (2) The state, or a branch, agency, or political subdivision of the state, may no…

13-45-401. Enforcement -- Confidentiality agreement -- Penalties. (1) The attorney general may enforce the provisions of this chapter. (2) A person who violates a provision of this chapter is subject to a civil fine of: no greater than $2,500 for a violation or series of violatio…

13-45-501. Title. This part is known as "Credit Report Protection for Minors."

13-45-502. Definitions. As used in this part, "security freeze" means: (1) if a consumer reporting agency does not have a file that pertains to a protected consumer, a restriction that: is placed on the protected consumer's record in accordance with this part; and except as other…

13-45-503. Applicability. This part does not apply to the use of a protected consumer's credit report or record by: (1) a person administering a credit file monitoring subscription service to which: the protected consumer has subscribed; or the protected consumer's representative…