13-15-401.  Consumer complaints.

(1)  As used in this section, “consumer complaint” means a complaint that:

Terms Used In Utah Code 13-15-401

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-15-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means :Utah Code 68-3-12.5
  • Seller: means a person who offers to sell, offers to lease, sells, or leases to another person a business opportunity. See Utah Code 13-15-102
(a)  a consumer or business files with the division;

(b)  alleges facts relating to conduct that the division regulates under this chapter; and

(c) 

(i)  alleges a loss to the consumer or business described in Subsection (1)(a) of $3,500 or more; or

(ii)  is one of at least 50 complaints filed with the division:

(A)  against the same person; and

(B)  during the four-year period immediately before the day on which the consumer or business described in Subsection (1)(a) files the complaint.

(2)  For purposes of determining the number of complaints against the same person under Subsection (1)(c)(ii)(A), the division may consider complaints filed against multiple corporations, limited liability companies, partnerships, or other business entities under common ownership to be complaints against the same person.

(3)  Notwithstanding Subsection 13-11-7(2) and subject to Subsections (4) and (5), a consumer complaint:

(a)  is a public record; and

(b)  may not be classified as a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act.

(4)  Subsection (3) does not apply to a consumer complaint:

(a)  that is nonmeritorious, beginning the day on which:

(i)  the division determines through an administrative proceeding that the consumer complaint is nonmeritorious; or

(ii)  a court of competent jurisdiction finds the complaint nonmeritorious; or

(b)  that is on file with the division for more than four years after the day on which the person files the complaint.

(5)  Before making a consumer complaint that is subject to Subsection (3) or a response described in Subsection (6) available to the public, the division:

(a)  shall redact from the consumer complaint and the seller‘s response any information that would disclose:

(i)  the consumer or seller’s:

(A)  address;

(B)  social security number;

(C)  bank account information;

(D)  email address; or

(E)  telephone number; or

(ii)  information similar in nature to the information described in Subsection (5)(a)(i); and

(b)  may redact the name of the consumer or business and any other information that could, in the division’s judgment, disclose the identity of the consumer or business filing the consumer complaint.

(6)  A seller’s initial, written response to a consumer complaint that is subject to Subsection (3) is a public record.

Enacted by Chapter 243, 2022 General Session