“Advertisement” means material offering for sale, or advertising the availability or quality of, any property, good, or service.
Terms Used In Utah Code 13-25a-102
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Automated telephone dialing system: means equipment used to:
(i)
store or produce telephone numbers;
(ii)
call a stored or produced number; and
(iii)
connect the number called with a recorded message or artificial voice. See Utah Code 13-25a-102
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Established business relationship: includes a relationship with an affiliate as defined in Section 16-10a-102. See Utah Code 13-25a-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Telephone solicitation: means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:
(a)
encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;
(b)
soliciting a sale of or extension of credit for property or services to the person called;
(c)
soliciting information that will be used for:
(i)
the direct solicitation of a sale of property or services to the person called; or
(ii)
an extension of credit to the person called for a sale of property or services;
(d)
soliciting a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose; or
(e)
encouraging the person called to sell real or personal property. See Utah Code 13-25a-102
Telephone solicitor: means any individual, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. See Utah Code 13-25a-102
Unsolicited telephone call: means a telephone call for a commercial purpose or to seek a financial donation other than a call made:
(a)
in response to an express request of the person called;
(b)
primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
(c)
to a person with whom the telephone solicitor has an established business relationship; or
“Automated telephone dialing system” means equipment used to:
(i)
store or produce telephone numbers;
(ii)
call a stored or produced number; and
(iii)
connect the number called with a recorded message or artificial voice.
(b)
“Automated telephone dialing system” does not include a system used in an emergency involving the immediate health or safety of a person, including a burglar alarm system, voice messaging system, fire alarm system, or other similar system.
(3)
“Division” means the Division of Consumer Protection.
(4)
(a)
“Established business relationship” means a relationship that:
(i)
is based on inquiry, application, purchase, or transaction regarding products or services offered;
(ii)
is formed by a voluntary two-way communication between a person making a telephone solicitation and a person to whom a telephone solicitation is made; and
(iii)
has not been terminated by:
(A)
an act by either person; or
(B)
the passage of 18 months since the most recent inquiry, application, purchase, transaction, or voluntary two-way communication.
(b)
“Established business relationship” includes a relationship with an affiliate as defined in Section 16-10a-102.
(5)
“Facsimile machine” means equipment used for:
(a)
scanning or encoding text or images for conversion into electronic signals for transmission; or
(b)
receiving electronic signals and reproducing them as a duplicate of the original text or image.
(6)
“Negative response” means a statement from a person stating the person does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call.
(7)
“On-call emergency provider” means an individual who is required by an employer to be on call to respond to a medical emergency.
(8)
“Telephone solicitation” means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:
(a)
encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;
(b)
soliciting a sale of or extension of credit for property or services to the person called;
(c)
soliciting information that will be used for:
(i)
the direct solicitation of a sale of property or services to the person called; or
(ii)
an extension of credit to the person called for a sale of property or services;
(d)
soliciting a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose; or
(e)
encouraging the person called to sell real or personal property.
(9)
“Telephone solicitor” means any individual, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system.
(10)
“Unsolicited telephone call” means a telephone call for a commercial purpose or to seek a financial donation other than a call made:
(a)
in response to an express request of the person called;
(b)
primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
(c)
to a person with whom the telephone solicitor has an established business relationship; or
