(1)  Any waiver by a consumer of rights under this chapter is void.

Terms Used In Utah Code 70A-2-807

  • Consumer: means any person including a public agency or other private organization, who acquires assistive technology on behalf of or for the benefit of an individual who:
(a) purchases assistive technology from a manufacturer, its agent, or authorized dealer for purposes other than resale;
(b) obtains or otherwise receives assistive technology for purposes other than resale, but only if the transfer occurs before the expiration of any applicable express warranties;
(c) possesses the right to enforce the warranty; or
(d) leases assistive technology from an authorized lessor under a written lease. See Utah Code 70A-2-802
  • Dealer: means a person who is in the business of selling assistive technology. See Utah Code 70A-2-802
  • Disbursements: means the amount of money consumers may receive as part of a damage award based upon the pro rata share of investment by the consumers. See Utah Code 70A-2-802
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Lessor: means a person who leases assistive technology to consumers or who holds the lessor's rights under a written lease. See Utah Code 70A-2-802
  • Manufacturer: means a person who manufactures or assembles assistive technology including agents of that person, an importer, a distributor, a factory branch, distributor branch, and any warrantors of the manufacturer's assistive technology, but does not include a dealer or lessor of assistive technology. See Utah Code 70A-2-802
    • (2) 

    (a)  A consumer may bring an action in district court to enforce the consumer’s rights under this chapter.

    (b)  The court shall award a consumer who prevails in an action under this chapter twice the amount of any pecuniary loss, together with costs, disbursements, reasonable attorney’s fees, and any equitable relief that the court determines is appropriate.

    (3)  The attorney general may file an action in district court to enforce this chapter on behalf of any consumer or in its own behalf. In addition to the other remedies provided in this chapter, the attorney general is also entitled to an award for reasonable attorney’s fees, court costs, and investigative expenses.

    (4)  This chapter shall not be construed as imposing any liability on an authorized dealer or lessor or as creating a cause of action by a consumer against a dealer or lessor, except regarding any express warranties made by the dealer or lessor apart from the manufacturer‘s warranties.

    (5)  Nothing in this chapter shall limit or impair the rights or remedies which are otherwise available to a consumer under any other provision of law.

    Enacted by Chapter 166, 1997 General Session

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