Utah Code Ann. § 13-11-4
§ 13-11-4. Deceptive act or practice by supplier
(1)
A deceptive act or practice by a supplier in connection with a consumer transaction violates this chapter
whether it occurs before, during, or after the transaction.
(2)
Without limiting the scope of Subsection (1), a supplier commits a deceptive act or practice if the
supplier knowingly or intentionally:
(a)
indicates that the subject of a consumer transaction has sponsorship, approval, performance
characteristics, accessories, uses, or benefits, if it has not;
(b)
indicates that the subject of a consumer transaction is of a particular standard, quality, grade,
style, or model, if it is not;
(c)
indicates that the subject of a consumer transaction is new, or unused, if it is not, or has been used
to an extent that is materially different from the fact;
(d)
indicates that the subject of a consumer transaction is available to the consumer for a reason that
does not exist;
(e)
indicates that the subject of a consumer transaction has been supplied in accordance with a previous
representation, if it has not;
(f)
indicates that the subject of a consumer transaction will be supplied in greater quantity than the
supplier intends;
(g)
indicates that replacement or repair is needed, if it is not;
(h)
indicates that a specific price advantage exists, if it does not;
(i)
indicates that the supplier has a sponsorship, approval, or affiliation the supplier does not have;
(j)
(i)
indicates that a consumer transaction involves or does not involve a warranty, a disclaimer of
warranties, particular warranty terms, or other rights, remedies, or obligations, if the representation is
false; or (ii) fails to honor a warranty or a particular warranty term;
(k)
indicates that the consumer will receive a rebate, discount, or other benefit as an inducement for
entering into a consumer transaction in return for giving the supplier the names of prospective consumers or
otherwise helping the supplier to enter into other consumer transactions, if receipt of the benefit is
contingent on an event occurring after the consumer enters into the transaction;
(l)
after receipt of payment for goods or services, fails to ship the goods or furnish the services within
the time advertised or otherwise represented or, if no specific time is advertised or represented, fails to
ship the goods or furnish the services within 30 days, unless within the applicable time period the supplier
provides the buyer with the option: (i) cancel the sales agreement and receive a refund of all previous
payments to the supplier if the refund is mailed or delivered to the buyer within ten business days after the
day on which the seller receives written notification from the buyer of the buyer's intent to cancel the sales
agreement and receive the refund; or (ii) extend the shipping date to a specific date proposed by the
supplier;
(m)
except as provided in subsection 3(b), fails to furnish a notice meeting the requirements of subsection
3(a) of the purchaser's right to cancel a direct solicitation sale within three business days of the time of
purchase if: (i) the sale is made other than at the supplier's established place of business pursuant to the
supplier's personal contact, whether through mail, electronic mail, facsimile transmission, telephone, or any
other form of direct solicitation; and (ii) the sale price exceeds $ 25.;
(n)
promotes, offers, or grants participation in a pyramid scheme as defined under Title 76, Chapter 6a,
Pyramid Scheme Act;
(o)
represents that the funds or property conveyed in response to a charitable solicitation will be donated
or used for a particular purpose or will be donated to or used by a particular organization, if the
representation is false;
(p)
if a consumer indicates the consumer's intention of making a claim for a motor vehicle repair against
the consumer's motor vehicle insurance policy:
(i)
commences the repair without first giving the consumer oral and written notice of:
(A)
the total estimated cost of the repair; and
(B)
the total dollar amount the consumer is responsible to pay for the repair, which dollar amount
may not exceed the applicable deductible or other copay arrangement in the consumer's insurance policy; or
(ii)
requests or collects from a consumer an amount that exceeds the dollar amount a consumer was
initially told the consumer was responsible to pay as an insurance deductible or other copay arrangement for a
motor vehicle repair under Subsection (2)(p)(i), even if that amount is less than the full amount the motor
vehicle insurance policy requires the insured to pay as a deductible or other copay arrangement, unless:
(A)
the consumer's insurance company denies that coverage exists for the repair, in which case, the
full amount of the repair may be charged and collected from the consumer; or
(B)
the consumer misstates, before the repair is commenced, the amount of money the insurance policy
requires the consumer to pay as a deductible or other copay arrangement, in which case, the supplier may
charge and collect from the consumer an amount that does not exceed the amount the insurance policy requires
the consumer to pay as a deductible or other copay arrangement;
(q)
includes in any contract, receipt, or other written documentation of a consumer transaction, or any
addendum to any contract, receipt, or other written documentation of a consumer transaction, any confession of
judgment or any waiver of any of the rights to which a consumer is entitled under this chapter;
(r)
charges a consumer for a consumer transaction that has not previously been agreed to by the consumer;
(s)
solicits or enters into a consumer transaction with a person who lacks the mental ability to comprehend
the nature and consequences of:
(i)
the consumer transaction; or
(ii)
the person's ability to benefit from the consumer transaction; or
(t)
solicits for the sale of a product or service by providing a consumer with an unsolicited check or
negotiable instrument the presentment or negotiation of which obligates the consumer to purchase a produce or
service, unless the supplier is: (i) a depository institution under Section 7-1-103; (ii) an affiliate of a
depository institution; or (iii) an entity regulated under Title 7, Financial Institutions Act.
(3)
(a)
. The notice required by subsection (2)(m) shall: (i) be a conspicuous statement written in dark bold
with at least 12 point type on the first page of the purchase documentation; and (ii) read as follows: "You,
the buyer, may cancel this contract at any time prior to midnight of the third business day (or time period
reflecting the supplier's cancellation policy but not less than three business days) after the date of the
transaction or receipt of the product, whichever is later".
(b)
a supplier is exempt from the requirements of subsection (2)(m) if the supplier's cancellation policy:
(i)
is communicated to the buyer; and (ii) offers greater right to the buyer than subsection 2(m).
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