Utah Code 13-26-11. Prohibited practices

(1)

It is unlawful for a seller to:

Terms Used In Utah Code 13-26-11

Division: means the Division of Consumer Protection. See Utah Code 13-26-2
Fictitious personal name: means a name other than an individual's legal name. See Utah Code 13-26-2
material fact: means information that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation. See Utah Code 13-26-2
Person: means :Utah Code 68-3-12.5
Seller: means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that:

(a)

on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation:

(i)	makes a telephone solicitation; or

(ii)	causes a telephone solicitation to be made; or

(b)

through a telephone solicitor:

(i)	makes a telephone solicitation; or

(ii)	causes a telephone solicitation to be made. See Utah Code 13-26-2 solicitor: means an individual who engages in a telephone solicitation on behalf of a seller. See Utah Code 13-26-2
(a)	solicit a prospective purchaser if the seller is not registered with the division or exempt from registration under this chapter;

(b)	in connection with a telephone solicitation or a filing with the division, make or cause to be made a false material statement or fail to disclose a material fact necessary to make the seller’s statement not misleading;

(c)	make or authorize the making of a misrepresentation to a purchaser or prospective purchaser about the seller’s compliance with this chapter;

(d)	fail to refund within 30 days any amount due a purchaser who exercises the right to cancel under Section 13-26-5;

(e)	unless the seller is exempt under Section 13-26-4, fail to orally advise a purchaser of the purchaser’s right to cancel under Section 13-26-5;

(f)	employ an inmate in a correctional facility for telephone soliciting operations when the employment would give the inmate access to an individual’s personal data, including the individual’s name, address, telephone number, Social Security number, credit card information, or physical description; or

(g)	cause or permit a solicitor to violate a provision of this chapter.

(2)

It is unlawful for a solicitor to:

(a)	use a fictitious personal name in connection with a telephone solicitation;

(b)	in connection with a telephone solicitation, make or cause to be made a false material statement or fail to disclose a material fact necessary to make the solicitor’s statement not misleading;

(c)	make a misrepresentation to a purchaser or prospective purchaser about the solicitor’s compliance with this chapter; or

(d)	unless the solicitor is exempt under Section 13-26-4, fail to orally advise a purchaser of the purchaser’s right to cancel under Section 13-26-5.

(3)

If a person knows or has reason to know that a seller or solicitor is engaged in an act or practice that violates this chapter, it is unlawful for the person to:

(a)	benefit from the seller’s or solicitor’s services; or

(b)	provide substantial assistance or support to the seller or solicitor.

Amended by Chapter 324, 2022 General Session

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