Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 42 (2025GS)

Sponsor

Sen. Vickers, Evan J.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• describes the award a court must issue when granting a judgment in favor of the Division of Consumer Protection (division);
• clarifies what constitutes a deceptive and unconscionable sales practice;
• clarifies the division's rulemaking and investigatory authority;
• allows the division to request that a court order disgorgement of money under certain circumstances;
• clarifies the factors a court considers when issuing a fine;
• clarifies that a government agency may bring an enforcement action for defective construction; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

29
13-2-6
13-11-2
13-11-3
13-11-4
13-11-5
13-11-6
13-11-7
13-11-8
13-11-9
13-11-16
13-11-17
13-11-17.5
13-11-18
13-11-19
13-11-20
13-11-21
13-11-22
78B-4-513
Consumer Protection Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: A. Cory Maloy
LONG TITLE
General Description:
This bill amends provisions relating to consumer protection.
Highlighted Provisions:
This bill:
describes the award a court must issue when granting a judgment in favor of the Division 
of Consumer Protection (division);
clarifies what constitutes a deceptive and unconscionable sales practice;
clarifies the division's rulemaking and investigatory authority;
allows the division to request that a court order disgorgement of money under certain 
circumstances;
clarifies the factors a court considers when issuing a fine;
clarifies that a government agency may bring an enforcement action for defective 
construction; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-2-6
, as last amended by Laws of Utah 2024, Chapter 102
13-11-2
, as enacted by Laws of Utah 1973, Chapter 188
13-11-3
, as last amended by Laws of Utah 2004, Chapter 55
13-11-4
, as last amended by Laws of Utah 2024, Chapters 102, 186
13-11-5
, as enacted by Laws of Utah 1973, Chapter 188
13-11-6
, as last amended by Laws of Utah 2024, Chapter 158
13-11-7
, as last amended by Laws of Utah 2024, Chapter 101
13-11-8
, as enacted by Laws of Utah 1973, Chapter 188
13-11-9
, as enacted by Laws of Utah 1973, Chapter 188
13-11-16
, as last amended by Laws of Utah 1997, Chapter 296
13-11-17
, as last amended by Laws of Utah 2018, Chapter 276
13-11-18
, as enacted by Laws of Utah 1973, Chapter 188
13-11-19
, as last amended by Laws of Utah 2018, Chapter 276
13-11-20
, as last amended by Laws of Utah 2010, Chapter 378
13-11-21
, as last amended by Laws of Utah 2024, Chapter 222
13-11-22
, as enacted by Laws of Utah 1973, Chapter 188
78B-4-513
, as enacted by Laws of Utah 2008, Chapter 280
REPEALS:
13-11-17.5
, as enacted by Laws of Utah 1987, Chapter 105
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-2-6
 is amended to read:
13-2-6. Enforcement powers.
(1)
In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division 
shall have authority to convene administrative hearings, issue cease and desist orders, 
and impose fines under all the chapters identified in Section 
13-2-1
.
(2)
A person who intentionally violates a final cease and desist order entered by the division 
of which the person has notice is guilty of a third degree felony.
(3)
If the division has reasonable cause to believe that a person has violated or is violating 
any chapter listed in Section 
13-2-1
, the division may promptly issue the alleged violator 
a citation signed by the division's director or the director's designee.
(a)
Each citation shall be in writing and shall:
(i)
set forth with particularity the nature of the violation, including a reference to the 
statutory or administrative rule provision violated;
(ii)
state that a request for review of the citation shall be made in writing and be 
received by the division no more than 20 calendar days after the day on which the 
division issues the citation;
(iii)
state the consequences of failing to make a timely request for review; and
(iv)
state all other information required by Subsection 
63G-4-201
(2).
(b)
In computing a time period under this section, the following days may not be 
included:
(i)
the day on which the division issues a citation; and
(ii)
the day on which the division receives a request for review of a citation.
(c)
(i)
Except as provided in Subsection (3)(c)(iii), if the presiding officer finds that 
there is not substantial evidence that the recipient violated a chapter listed in 
Section 
13-2-1
:
(A)
the citation may not become final; and
(B)
the division shall immediately vacate the citation and promptly notify the 
recipient in writing.
(ii)
Except as provided in Subsection (3)(c)(iv), if the presiding officer finds that 
there is substantial evidence that the recipient violated a chapter listed in Section 
13-2-1
:
(A)
the citation shall become final; and
(B)
the division may enter a cease and desist order against the recipient.
(iii)
For a citation issued for a violation of Chapter 41, Price Controls During 
Emergencies Act, if the presiding officer finds that there is not clear and 
convincing evidence that the recipient violated the chapter:
(A)
the citation may not become final; and
(B)
the division shall immediately vacate the citation and promptly notify the 
recipient in writing.
(iv)
For a citation issued for a violation of Chapter 41, Price Controls During 
Emergencies Act, if the presiding officer finds that there is clear and convincing 
evidence that the recipient violated the chapter:
(A)
the citation shall become final; and
(B)
the division may enter a cease and desist order against the recipient.
(d)
(i)
A citation issued under this chapter may be personally served upon a person 
upon whom a summons may be served in accordance with the Utah Rules of Civil 
Procedure.
(ii)
A citation also may be served by first-class mail, postage prepaid.
(e)
(i)
If the recipient fails to make a request for review within 20 calendar days after 
the day on which the division issues the citation, the citation shall become the 
final order of the division.
(ii)
The period to contest the citation may be extended by the director for good cause 
shown.
(f)
If the chapter violated allows for an administrative fine, after a citation becomes 
final, the director may impose the administrative fine.
(4)
(a)
A person who has violated, is violating, or has attempted to violate a chapter 
identified in Section 
13-2-1
 is subject to the division's jurisdiction if:
(i)
the violation or attempted violation is committed wholly or partly within the state;
(ii)
conduct committed outside the state constitutes an attempt to commit a violation 
within the state; or
(iii)
transactional resources located within the state are used by the offender to 
directly or indirectly facilitate a violation or attempted violation.
(b)
As used in this section, "transactional resources" means:
(i)
a mail drop or mail box, regardless of whether the mail drop or mail box is located 
on the premises of a United States Post Office;
(ii)
a telephone or facsimile transmission device;
(iii)
an Internet connection by a resident or inhabitant of this state with a resident- or 
nonresident-maintained Internet site;
(iv)
a business office or private residence used for a business-related purpose;
(v)
an account with or services of a financial institution;
(vi)
the services of a common or private carrier; or
(vii)
the use of a city, county, or state asset or facility, including a road or highway.
(5)
The director or the director's designee, for the purposes outlined in a chapter 
administered by the division, may administer oaths, issue subpoenas, compel the 
attendance of witnesses, conduct audits, compel sworn responses to written questions, or 
compel the production of papers, books, accounts, documents, or evidence.
(6)
(a)
An administrative action filed under this chapter or a chapter listed in Section 
13-2-1
 shall be commenced no later than 10 years after the day on which the alleged 
violation occurs.
(b)
A civil action filed under this chapter or a chapter listed in Section 
13-2-1
 shall be 
commenced no later than five years after the day on which the alleged violation 
occurs.
(c)
The provisions of this Subsection (6) control over the provisions of Title 78B, 
Chapter 2, Statutes of Limitations.
(7)
When granting a judgment in the division's favor in connection with the division's 
exercise of any authority described in Section 
13-2-5
 or 
13-2-6
, a court shall award:
(a)
reasonable attorney fees;
(b)
court costs;
(c)
costs of investigation; and
(d)
any other relief the court deems appropriate.
Section 2, Section 
13-11-2
 is amended to read:
13-11-2. Construction and purposes of act.
This act shall be construed liberally to promote the following policies:
(1)
to simplify, clarify, and modernize the law governing consumer sales practices;
(2)
to protect consumers from suppliers who commit deceptive and unconscionable sales 
practices
, including by disgorging money or any thing of value obtained in violation of 
this chapter
;
(3)
to encourage the development of fair consumer sales practices;
(4)
to make state regulation of consumer sales practices 
not inconsistent
consistent
 with 
the policies of the Federal Trade Commission Act relating to consumer protection;
(5)
to make uniform the law, including the administrative rules, with respect to the subject 
of this 
act
chapter
 among those states 
which
that
 enact similar laws; and
(6)
to recognize and protect suppliers 
who
that
 in good faith comply with the provisions of 
this 
act
chapter
.
Section 3, Section 
13-11-3
 is amended to read:
13-11-3. Definitions.
As used in this chapter:
(1)
"Charitable solicitation" means any request directly or indirectly for money, credit, 
property, financial assistance, or any other thing of value on the plea or representation 
that it will be used for a charitable purpose. A charitable solicitation may be made in 
any manner, including:
(a)
any oral or written request, including a telephone request;
(b)
the distribution, circulation, or posting of any handbill, written advertisement, or 
publication; or
(c)
the sale of, offer or attempt to sell, or request of donations for any book, card, 
chance, coupon, device, magazine, membership, merchandise, subscription, ticket, 
flower, flag, button, sticker, ribbon, token, trinket, tag, souvenir, candy, or any other 
article in connection with which any appeal is made for any charitable purpose, or 
where the name of any charitable organization or movement is used or referred to as 
an inducement or reason for making any purchase donation, or where, in connection 
with any sale or donation, any statement is made that the whole or any part of the 
proceeds of any sale or donation will go to or be donated to any charitable purpose. 
A charitable solicitation is considered complete when made, whether or not the 
organization or person making the solicitation receives any contribution or makes any 
sale.
(2)
(a)
"Consumer transaction" means a sale, lease, assignment, award by chance, or 
other written or oral transfer or disposition of goods, services, or other property, both 
tangible and intangible (except securities and insurance) to, or apparently to, a person 
for:
(i)
primarily personal, family, or household purposes; or
(ii)
purposes that relate to a business opportunity that requires:
(A)
expenditure of money or property by the person described in Subsection 
(2)(a)
; 
and
(B)
the person described in Subsection 
(2)(a)
 to perform personal services on a 
continuing basis and in which the person described in Subsection 
(2)(a)
 has not 
been previously engaged.
(b)
"Consumer transaction" includes:
(i)
any of the following with respect to a transfer or disposition described in 
Subsection 
(2)(a)
:
(A)
an offer;
(B)
a solicitation;
(C)
an agreement; or
(D)
performance of an agreement; or
(ii)
a charitable solicitation.
(3)
"Enforcing authority" 
"Division" 
means the Division of Consumer Protection.
(4)
"Final judgment" means a judgment, including any supporting opinion, that determines 
the rights of the parties and concerning which appellate remedies have been exhausted 
or the time for appeal has expired.
(5)
"Person" means an individual, corporation, government, governmental subdivision or 
agency, business trust, estate, trust, partnership, association, cooperative, or any other 
legal entity.
(6)
(5)
"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who 
regularly solicits, engages in, or enforces consumer transactions, whether or not 
he
the 
person
 deals directly with the consumer.
(6)
"Vulnerable adult" means the same as that term is defined in Section 
26B-6-201
.
Section 4, Section 
13-11-4
 is amended to read:
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
A supplier 
that engages in a deceptive act or practice in connection with a consumer transaction 
violates this chapter, whether the deceptive act or practice 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
the subject
 has not;
(b)
indicates that the subject of a consumer transaction is of a particular standard, 
quality, grade, style, or model, if 
it
the subject
 is not;
(c)
indicates that the subject of a consumer transaction is new, or unused, if 
it
the 
subject
 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, including any of the following reasons falsely used in an 
advertisement:
(i)
"going out of business";
(ii)
"bankruptcy sale";
(iii)
"lost our lease";
(iv)
"building coming down";
(v)
"forced out of business";
(vi)
"final days";
(vii)
"liquidation sale";
(viii)
"fire sale";
(ix)
"quitting business"; or
(x)
an expression similar to any of the expressions in Subsections (2)(d)(i) through 
(ix);
(e)
indicates that the subject of a consumer transaction has been supplied in accordance 
with a previous representation, if 
it
the subject
 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
the replacement or repair
 is not;
(h)
indicates that a specific price advantage exists, if 
it
the specific price advantage
does not;
(i)
indicates that the supplier has a sponsorship, approval, license, certification, 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 to:
(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 10 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)
in connection with a charitable solicitation:
(i)
falsely indicates that:
(A)
the supplier is affiliated with a charitable organization;
(B)
the supplier is an employee, officer, or representative of a public safety 
agency;
(C)
the supplier has sponsorship or approval of a given charitable organization;
(D)
a charitable contribution will be provided to a given charitable organization;
(E)
providing a charitable contribution has an additional benefit, including a tax 
benefit; or
(F)
the recipient of the solicitation has previously contributed to a given charitable 
organization;
(ii)
uses a fictitious name or a name the supplier is not authorized to use; or
(iii)
with intent to deceive:
(A)
uses a name that is substantially similar to that of another charitable 
organization; or
(B)
falsely indicates that a charitable contribution will be used for a particular 
purpose;
(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 or a portion of a consumer transaction 
that has not previously been agreed to by the consumer;
(s)
solicits or enters into a consumer transaction with 
a person
an individual
 who lacks 
the mental ability to comprehend the nature and consequences of:
(i)
the consumer transaction; or
(ii)
the 
person's
individual's
 ability to benefit from the consumer transaction;
(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 product 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;
(u)
sends an unsolicited mailing to a person that appears to be a billing, statement, or 
request for payment for a product or service the person has not ordered or used, or 
that implies that the mailing requests payment for an ongoing product or service the 
person has not received or requested;
(v)
issues a gift certificate, instrument, or other record in exchange for payment to 
provide the bearer, upon presentation, goods or services in a specified amount 
without printing in a readable manner on the gift certificate, instrument, packaging, 
or record any expiration date or information concerning a fee to be charged and 
deducted from the balance of the gift certificate, instrument, or other record;
(w)
misrepresents the geographical origin or location of the supplier's business;
(x)
fails to comply with the restrictions of Section 
15-10-201
 on automatic renewal 
provisions;
(y)
violates Section 
13-59-201
; 
(z)
fails to comply with the restrictions of Subsection 
13-54-202
(2); or
(aa)
states or implies that a registration or application administered or enforced by the 
division is an endorsement, sanction, or approval by the division or a governmental 
agency or office.
(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 rights to the buyer than Subsection (2)(m).
(4)
(a)
A gift certificate, instrument, or other record that does not print an expiration date 
in accordance with Subsection (2)(v) does not expire.
(b)
A gift certificate, instrument, or other record that does not include printed 
information concerning a fee to be charged and deducted from the balance of the gift 
certificate, instrument, or other record is not subject to the charging and deduction of 
the fee.
(c)
Subsections (2)(v) and (4)(b) do not apply to a gift certificate, instrument, or other 
record useable at multiple, unaffiliated sellers of goods or services if an expiration 
date is printed on the gift certificate, instrument, or other record.
Section 5, Section 
13-11-5
 is amended to read:
13-11-5. Unconscionable act or practice by supplier.
(1)
An 
A supplier that commits an 
unconscionable act or practice 
by a supplier 
in 
connection with a consumer transaction violates this 
act
chapter
 whether 
it
the 
unconscionable act or practice
 occurs before, during, or after the transaction.
(2)
(a)
The unconscionability of an act or practice is a question of law for 
the
a
 court
with jurisdiction
. 
(b)
If it is claimed or appears to the court that an act or practice may be unconscionable, 
the parties shall be given a reasonable opportunity to present evidence as to 
its
the 
act or practice's
 setting, purpose, and effect to aid the court in making 
its
the court's
determination.
(3)
In determining whether an act or practice is unconscionable, the court shall consider 
the 
circumstances 
which
that
 the supplier knew or had reason to know.
Section 6, Section 
13-11-6
 is amended to read:
13-11-6. Service of process.
(1)
In addition to any other method provided by rule or statute, personal jurisdiction over a 
supplier may be acquired in a civil action or proceeding instituted in a court 
of this state
with jurisdiction
 by the service of process as provided in Subsection (3).
(2)
(a)
A supplier that engages in any act or practice in this state governed by this 
chapter, or engages in a consumer transaction subject to this chapter, may designate 
an agent upon whom service of process may be made in the state. 
(b)
A 
supplier shall make a 
designation of an agent under Subsection (2)(a) 
shall be 
in 
writing and 
filed
file the designation
 with the Division of Corporations and 
Commercial Code.
(c)
An agent designated under this Subsection (2) shall be a resident of or a corporation 
authorized to do business in the state. 
(3)
(a)
Subject to Subsection (3)(b), process upon a supplier may be served as provided 
in Section 
16-17-301
 if:
(i)
a designation is not made and filed under Subsection (2); or
(ii)
process cannot be served in the state upon the designated agent.
(b)
Service upon a supplier is not effective unless the plaintiff promptly mails a copy of 
the process and pleadings by registered or certified mail to the 
defendant
supplier
 at 
the 
defendant's
supplier's
 last reasonably ascertainable address. 
(c)
The plaintiff shall file an affidavit of compliance with this section:
(i)
with the clerk of the court; and
(ii)
on or before the return day of the process, if any, or within any future time the 
court allows.
Section 7, Section 
13-11-7
 is amended to read:
13-11-7. Duties of division -- Civil penalty for violation of restraining or 
injunctive orders.
(1)
The 
enforcing authority
division
 shall:
(a)
enforce this chapter throughout the state;
(b)
cooperate with state and local officials, officials of other states, and officials of the 
federal government in the administration of comparable statutes;
(c)
inform consumers and suppliers on a continuing basis of the provisions of this 
chapter and of acts or practices that violate this chapter
;
(d)
receive and act on complaints; and
(e)
maintain a public file of final judgments rendered under this chapter that have been 
either reported officially or made available for public dissemination under Subsection 
(1)(c), final consent judgments, and to the extent the 
enforcing authority
division
considers appropriate, assurances of voluntary compliance.
(2)
(a)
On motion of the 
enforcing authority
division
, or on 
its
the court's
 own motion, 
the court may impose a civil penalty of not more than $5,000 for each day a 
temporary restraining order, preliminary injunction, or permanent injunction issued 
under this chapter is violated, if the supplier received notice of the restraining or 
injunctive order. 
(b)
Civil penalties imposed under this section shall be paid to the General Fund.
Section 8, Section 
13-11-8
 is amended to read:
13-11-8. Powers of division.
(1)
The enforcing authority 
In addition to the authority described in Sections 
13-2-5
 and 
13-2-6
, the division 
may conduct research, hold public hearings, make inquiries, and 
publish studies relating to consumer sales acts or practices.
(2)
The enforcing authority shall adopt substantive rules that prohibit with specificity acts 
or practices that violate Section 
13-11-4
 and appropriate procedural rules.
Section 9, Section 
13-11-9
 is amended to read:
13-11-9. Rule-making requirements.
(1)
In addition to complying with other rule-making requirements imposed by this act, the 
enforcing authority shall:
(a)
adopt as a rule a description of the organization of his office, stating the general 
course and method of operation of his office and method whereby the public may 
obtain information or make submissions or requests;
(b)
adopt rules of practice setting forth the nature and requirements of all formal and 
informal procedures available, including a description of the forms and instructions 
used by the enforcing authority of his office; and
(c)
make available for public inspection all rules, written statements of policy, and 
interpretations formulated, adopted, or used by the enforcing authority in discharging 
his functions.
(2)
A rule of the enforcing authority is invalid, and may not be invoked by the enforcing 
authority for any purpose, until it has been made available for public inspection under 
Subsection 
(1)
. This provision does not apply to a person who has knowledge of a rule 
before engaging in an act or practice that violates this act.
In accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules that 
specify acts or practices that violate Subsection 
13-11-4(1)
.
Section 10, Section 
13-11-16
 is amended to read:
13-11-16. Investigatory powers of the division.
(1)
If
, by his own inquiries or as a result of complaints, the enforcing authority 
 the 
division 
has reason to believe that a person has engaged in, is engaging in, or is about to 
engage in an act or practice that violates this 
act, he
chapter, the division
 may 
administer oaths and affirmations, subpoena witnesses or matter, and collect evidence
investigate and otherwise act in accordance with Sections 
13-2-5
 and 
13-2-6
 and other 
provisions of this chapter
.
(2)
(a)
If 
the 
matter that the 
enforcing authority
division
 subpoenas is located outside 
this state, the person subpoenaed may either make 
it
the matter
 available to the 
enforcing authority
division
 at a convenient location within the state or pay the 
reasonable and necessary expenses for the 
enforcing authority
division
 or 
his
the 
division's
 representative to examine the matter at the place where 
it
the matter
 is 
located.
(b)
The 
enforcing authority
division
 may designate representatives, including officials 
of the state in which the matter is located, to inspect the matter on 
his
the division's
behalf, and 
he 
may respond to similar requests from officials of other states.
(3)
Upon failure of a person without lawful excuse to obey a subpoena and upon reasonable 
notice to all persons affected, the 
enforcing authority
division
 may apply to the court 
for an order compelling compliance.
(4)
In the event a witness asserts a privilege against self-incrimination, testimony and 
evidence from the witness may be compelled 
pursuant to
in accordance with
Title 77, 
Chapter 22b, Grants of Immunity
.
Section 11, Section 
13-11-17
 is amended to read:
13-11-17. Actions by the division.
(1)
The 
enforcing authority
division
 may bring an action in a court 
of competent
with
jurisdiction to:
(a)
obtain a declaratory judgment that an act or practice violates this chapter;
(b)
enjoin, in accordance with the principles of equity, a supplier 
who
that
 has violated, 
is violating, or is otherwise likely to violate this chapter;
(c)
order disgorgement of money or any thing of value received in violation of this 
chapter;
(d)
recover, for each violation, 
restitution for 
actual damages, or obtain relief under 
Subsection 
(2)(b)
, on behalf of 
impacted 
consumers
 who complained to the 
enforcing authority within a reasonable time after it instituted proceedings under this 
chapter
; and
(d)
(e)
obtain a fine in an amount determined after considering the factors in Subsection 
(6)
.
(2)
(a)
The 
enforcing authority
division
 may bring a class action on behalf of consumers 
for the actual damages caused by an act or practice specified as violating this chapter 
in a rule adopted by the 
enforcing authority
division
 under 
Subsection 
13-11-8(2)
Section 
13-11-9
 before the consumer transactions on which the action is based, or 
declared to violate Section 
13-11-4
 or 
13-11-5
 by final judgment of courts of general 
jurisdiction and appellate courts of this state that was either reported officially or 
made available for public dissemination under Subsection 
13-11-7(1)(c)
 by the 
enforcing authority
division
 10 days before the consumer transactions on which the 
action is based, or, with respect to a supplier who agreed to 
it
a consent judgment
, 
was prohibited specifically by the terms of a consent judgment that became final 
before the consumer transactions on which the action is based.
(b)
(i)
On motion of the 
enforcing authority
division
 and without bond in an action 
under this Subsection 
(2)
, the court may make appropriate orders, including 
appointment of a master or receiver or sequestration of assets, but only if it 
appears that the defendant is threatening or is about to remove, conceal, or dispose 
of the defendant's property to the damage of persons for whom relief is requested. 
(ii)
An appropriate order 
described in Subsection 
(2)(b)(i)
may include an order to:
(A)
reimburse consumers found to have been damaged;
(B)
carry out a transaction in accordance with consumers' reasonable expectations;
(C)
strike or limit the application of unconscionable clauses of contracts to avoid 
an unconscionable result;
(D)
impose a fine in an amount determined after considering the factors listed in 
Subsection 
(6)
; or
(E)
grant other appropriate relief.
(ii)
(iii)
The court may assess the expenses of a master or receiver against a supplier.
(c)
If an act or practice that violates this chapter unjustly enriches a supplier and 
damages can be computed with reasonable certainty, damages recoverable on behalf 
of consumers who cannot be located with due diligence shall be transferred to the 
state treasurer 
pursuant to
in accordance with
Title 67, Chapter 4a, Revised Uniform 
Unclaimed Property Act
.
(d)
If a supplier shows by a preponderance of the evidence that a violation of this 
chapter resulted from a bona fide error notwithstanding the maintenance of 
procedures reasonably adapted to avoid the error, recovery under this Subsection 
(2)
is limited to the amount, if any, by which the supplier was unjustly enriched by the 
violation.
(3)
(a)
(i)
The 
enforcing authority
division
 may terminate an investigation or an 
action other than a class action upon acceptance of the supplier's written assurance 
of voluntary compliance with this chapter.
(ii)
Acceptance of an assurance may be conditioned on a commitment to reimburse 
consumers or take other appropriate corrective action.
(b)
(i)
An assurance is not evidence of a prior violation of this chapter.
(ii)
Unless an assurance has been rescinded by agreement of the parties or voided by 
a court for good cause, subsequent failure to comply with the terms of an 
assurance is prima facie evidence of a violation.
(4)
(a)
In addition to other penalties and remedies set out under this chapter, and in 
addition to 
its
the division's
 other enforcement powers under 
Chapter 2, Division of 
Consumer Protection
, the division director may issue a cease and desist order and 
impose an administrative fine of up to $2,500 for each violation of this chapter.
(b)
All money received through fines imposed under this section shall be deposited in 
the Consumer Protection Education and Training Fund created by Section 
13-2-8
.
(5)
(a)
Within 30 days after agency
 review
 or
, if appealed to a court with jurisdiction,
30 
days after 
judicial review of a final division order imposing an administrative fine, 
the supplier on whom the fine is imposed shall pay the fine in full.
(b)
The unpaid amount of a fine is increased by 10%:
(i)
if the fine has not been paid in full within 60 days after the final division order 
imposing the fine; and
(ii)
unless the division waives the 10% increase in a stipulated payment plan.
(6)
A 
court shall determine the 
fine imposed under Subsection 
(1)(d)
(1)(e)
 or Subsection 
(2)(b)(i)(D)
 shall be determined 
(2)(b)(ii)(D) 
after considering the following factors:
(a)
the seriousness, nature, circumstances, extent, and persistence of the conduct 
constituting the violation
, including whether the supplier acted knowingly or 
intentionally to deceive
;
(b)
the harm to other persons resulting either directly or indirectly from the violation;
(c)
cooperation by the supplier in an inquiry or investigation conducted by the 
enforcing authority
division
 concerning the violation;
(d)
efforts by the supplier to prevent occurrences of the violation;
(e)
efforts by the supplier to mitigate the harm caused by the violation, including a 
reimbursement made to a consumer injured by the act of the supplier;
(f)
the history of previous violations by the supplier;
(g)
the need to deter the supplier or other suppliers from committing the violation in the 
future;
 and
(h)
whether the individual harmed by the violation was a vulnerable adult; and
(h)
(i)
other matters as justice may require.
Section 12, Section 
13-11-18
 is amended to read:
13-11-18. Noncompliance by supplier subject to other state supervision -- 
Cooperation of division and other official or agency.
(1)
(a)
If the 
enforcing authority
division
 receives a complaint or other information 
relating to noncompliance with this 
act
chapter
 by a supplier 
who
that
 is subject to 
other supervision in this state, the 
enforcing authority
division
 shall inform the 
official or agency having that supervision.
(b)
The 
enforcing authority
division
 may request information about 
suppliers
a supplier
from the official or agency.
(2)
(a)
The 
enforcing authority
division
 and any other official or agency in this state 
having supervisory authority over a supplier shall consult and assist each other in 
maintaining compliance with this 
act
chapter
. 
(b)
Within the scope of 
their
the division's
 authority, 
they
the division and any other 
official or agency in this state
 may jointly or separately make investigations, 
prosecute suits, and take other official action 
they consider
the division considers
appropriate.
Section 13, Section 
13-11-19
 is amended to read:
13-11-19. Actions by consumer.
(1)
Whether 
he
a consumer
 seeks or is entitled to damages or otherwise has an adequate 
remedy at law, 
a
the
 consumer may bring an action to:
(a)
obtain a declaratory judgment that an act or practice violates this chapter; and
(b)
enjoin, in accordance with the principles of equity, a supplier 
who
that
 has violated, 
is violating, or is likely to violate this chapter.
(2)
A consumer who suffers loss as a result of a violation of this chapter may recover
, but 
not in a class action, 
actual damages 
or $2,000, whichever is greater, 
plus court costs
, 
but not in a class action except as provided in this section
.
(3)
Whether a consumer seeks or is entitled to recover damages or has an adequate remedy 
at law, 
he
the consumer
 may bring a class action for declaratory judgment, an 
injunction, and appropriate ancillary relief against an act or practice that violates this 
chapter.
(4)
(a)
A consumer who suffers loss as a result of a violation of this chapter may bring a 
class action for the actual damages caused by an act or practice specified as violating 
this chapter by a rule adopted by the 
enforcing authority
division
 under 
Subsection 
13-11-8(2)
Section 
13-11-9
 before the consumer transactions on which the action is 
based, or declared to violate Section 
13-11-4
 or 
13-11-5
 by a final judgment of the 
appropriate court or courts of general jurisdiction and appellate courts of this state 
that was either officially reported or made available for public dissemination under 
Subsection 
13-11-7(1)(c)
 by the 
enforcing authority
division
 10 days before the 
consumer transactions on which the action is based, or with respect to a supplier who 
agreed to 
it
a consent judgment
, was prohibited specifically by the terms of a 
consent judgment 
which
that
 became final before the consumer transactions on 
which the action is based.
(b)
If an act or practice that violates this chapter unjustly enriches a supplier and the 
damages can be computed with reasonable certainty, damages recoverable on behalf 
of consumers who cannot be located with due diligence shall be transferred to the 
state treasurer 
pursuant to
in accordance with
Title 67, Chapter 4a, Revised Uniform 
Unclaimed Property Act
.
(c)
If a supplier shows by a preponderance of the evidence that a violation of this chapter 
resulted from a bona fide error notwithstanding the maintenance of procedures 
reasonably adapted to avoid the error, recovery under this section is limited to the 
amount, if any, in which the supplier was unjustly enriched by the violation.
(5)
Except for services performed by the 
enforcing authority
division
, the court may award 
to the prevailing party a reasonable attorney's fee limited to the work reasonably 
performed if:
(a)
the consumer complaining of the act or practice that violates this chapter has brought 
or maintained an action 
he
the consumer
 knew to be groundless; or a supplier has 
committed an act or practice that violates this chapter; and
(b)
an action under this section has been terminated by a judgment or required by the 
court to be settled under Subsection 
13-11-21(1)(a)
.
(6)
Except for consent judgment entered before testimony is taken, a final judgment in 
favor of the 
enforcing authority
division
 under Section 
13-11-17
 is admissible as prima 
facie evidence of the facts on which 
it
an action
 is based in later proceedings under this 
section against the same person or a person in privity with 
him
the person against 
which the judgment is entered
.
(7)
When a judgment under this section becomes final, the prevailing party shall mail a 
copy to the 
enforcing authority
division
 for inclusion in the public file maintained 
under Subsection 
13-11-7(1)(e)
.
Section 14, Section 
13-11-20
 is amended to read:
13-11-20. Class actions.
(1)
An action may be maintained as a class action under this act only if:
(a)
the class is so numerous that joinder of all members is impracticable;
(b)
there are questions of law or fact common to the class;
(c)
the claims or defenses of the representative parties are typical of the claims or 
defenses of the class;
(d)
the representative parties will fairly and adequately protect the interests of the class; 
and
(e)
either:
(i)
the prosecution of separate actions by or against individual members of the class 
would create a risk of:
(A)
inconsistent or varying adjudications with respect to individual members of 
the class which would establish incompatible standards of conduct for the party 
opposing the class; or
(B)
adjudications with respect to individual members of the class that would as a 
practical matter dispose of the interests of the other members not parties to the 
adjudications or substantially impair or impede their ability to protect 
their
the 
other members'
 interests;
 or
(ii)
the party opposing the class has acted or refused to act on grounds generally 
applicable to the class, thereby making appropriate final injunctive relief or 
corresponding declaratory relief with respect to the class as a whole; or
(iii)
the court finds that the questions of law or fact common to the members of the 
class predominate over any questions affecting only individual members, and that 
a class action is superior to other available methods for the fair and efficient 
adjudication of the controversy.
(2)
The matters pertinent to the findings under Subsection 
(1)(e)(iii)
 include:
(a)
the interest of members of the class in individually controlling the prosecution or 
defense of separate actions;
(b)
the extent and nature of any litigation concerning the controversy already 
commenced by or against members of the class;
(c)
the desirability or undesirability of concentrating the litigation of the claims in the 
particular forum; and
(d)
the difficulties likely to be encountered in the management of a class action.
(3)
(a)
As soon as practicable after the commencement of an action brought as a class 
action, the court shall determine by order whether 
it
the action
 is to be so 
maintained. 
(b)
An order under this subsection may be conditional, and 
it
the order
 may be 
amended before decision on the merits.
(4)
(a)
In a class action maintained under Subsection 
(1)(e)
,
 the court may direct to the 
members of the class the best notice practicable under the circumstances, including 
individual notice to each member who can be identified through reasonable effort. 
(b)
The notice shall advise each member that:
(a)
(i)
the court will exclude 
him
the member
 from the class, unless 
he
the member
requests inclusion, by a specified date;
(b)
(ii)
the judgment, whether favorable or not, will include all members who 
request inclusion; and
(c)
(iii)
a member who requests inclusion may, if 
he
the member
 desires, enter an 
appearance through 
his 
counsel.
(5)
When appropriate, an action may be brought or maintained as a class action with respect 
to particular issues, or a class may be divided into subclasses and each subclass treated 
as a class.
(6)
In the conduct of a class action the court may make appropriate orders:
(a)
determining the course of proceedings or prescribing measures to prevent undue 
repetition or complication in the presentation of evidence or argument;
(b)
requiring, for the protection of the members of the class or otherwise for the fair 
conduct of the action, that notice be given in the manner the court directs to some or 
all of the members or to the 
enforcing authority
division
 of any step in the action, or 
of the proposed extent of the judgment, or of the opportunity of members to signify 
whether 
they
the members
 consider the representation fair and adequate, to 
intervene and present claims or defenses, or otherwise to come into the action;
(c)
imposing conditions on the representative parties or on intervenors;
(d)
requiring that the pleadings be amended to eliminate allegations as to representation 
of absent persons, and that the action proceed accordingly; or
(e)
dealing with similar procedural matters.
(7)
(a)
A class action may not be dismissed or compromised without approval of the 
court. 
(b)
Notice of the proposed dismissal or compromise shall be given to all members of the 
class as the court directs.
(8)
(a)
The judgment in an action maintained as a class action under Subsection 
(1)(e)(i)
or 
(ii)
, whether or not favorable to the class, shall describe those whom the court 
finds to be members of the class.
(b)
The judgment in a class action under Subsection 
(1)(e)(iii)
, whether or not favorable 
to the class, shall specify or describe 
those
the members
 to whom the notice 
provided in Subsection 
(4)
 was directed, and who have requested inclusion, and 
whom the court finds to be members of the class.
Section 15, Section 
13-11-21
 is amended to read:
13-11-21. Settlement of class action -- Complaint in class action delivered to 
enforcing authority.
(1)
(a)
(i)
(A)
A defendant in a class action may file a written 
offer of settlement
settlement offer
.
(B)
If 
it
the settlement offer
 is not accepted within a reasonable time by a 
plaintiff class representative, the defendant may file an affidavit reciting the 
rejection. 
(ii)
(A)
 The court may determine that the 
settlement 
offer has enough merit to 
present to the members of the class.
(B)
If the court 
so determines
determines that the settlement offer merits 
presenting
, the court shall order a hearing to determine whether the 
settlement 
offer should be approved. 
(iii)
The court shall provide at least 60 days advance notice of the hearing:
(A)
to the 
enforcing authority
division
; and
(B)
to the extent practicable, to each member who can be identified through 
reasonable effort. 
(iv)
 The notice
described in Subsection (1)(a)(iii) shall specify the terms of the 
settlement 
offer and a reasonable period within which members of the class who 
request 
it
to be included in the class
 are entitled to be included in the class. 
(v)
(A)
 The statute of limitations for 
those who
the members that
 are excluded 
pursuant to
in accordance with
 this Subsection 
(1)(a)(v)
(1)(a)(v)(A)
 is tolled 
for the period the class action has been pending, plus an additional year.
(B)
Within 60 days of receipt of the notice required by this Subsection (1)(a), the 
enforcing authority
division
 may intervene in the class action for the limited 
purpose of objecting to the 
offer of settlement
settlement offer
.
(b)
(i)
If a member who has previously lost an opportunity to be excluded from the 
class is excluded at 
his
the member's
 request in response to notice of the 
settlement 
offer
 of settlement
 during the period specified under Subsection 
(1)(a), 
he
the member
 may not thereafter participate in a class action for damages 
respecting the same consumer transaction, unless the court later disapproves the 
settlement 
offer
 of settlement
 or approves a settlement materially different from 
that proposed in the original 
settlement 
offer
 of settlement
. 
(ii)
After the expiration of the period of limitations, a member of the class is not 
entitled to be excluded from 
it
the class
.
(c)
(i)
If the court later approves the 
settlement 
offer
 of settlement
, including 
changes, if any, required by the court in the interest of a just settlement of the 
action, 
it
the court
 shall enter judgment, which is binding on all persons who are 
then members of the class.
(ii)
If the court disapproves the 
settlement 
offer or approves a settlement materially 
different from that proposed in the original 
settlement 
offer, notice shall be given 
to a person who was excluded from the action at 
his
the person's
 request in 
response to notice of the 
settlement 
offer under Subsection (1)(a), and 
he
the 
person
 is entitled to rejoin the class and, in the case of the approval, participate in 
the settlement.
(2)
(a)
On the commencement of a class action under Section 
13-11-19
, the class 
representative shall mail by certified mail with return receipt requested or personally 
serve a copy of the complaint on the 
enforcing authority
division
.
(b)
Within 180 days after the receipt of a copy of the complaint, but not thereafter, the 
enforcing authority
division
 may intervene in the class action for purposes of 
participation as an interested party in litigation of the class action.
Section 16, Section 
13-11-22
 is amended to read:
13-11-22. Exemptions from application of act.
(1)
This act does not apply to:
(a)
an act or practice required or specifically permitted by or under 
state or 
federal law
, 
or by or under state law
;
(b)
a publisher, broadcaster, printer, or other person engaged in the dissemination of 
information or the reproduction of printed or pictorial matter so far as the information 
or matter has been disseminated or reproduced on behalf of others without actual 
knowledge that it violated this act;
(c)
claim for personal injury or death or claim for damage to property other than the 
property that is the subject of the consumer transaction;
(d)
credit terms of a transaction otherwise subject to this act; or
(e)
any public utility subject to the regulating jurisdiction of the Public Service 
Commission of the state of Utah.
(2)
A person alleged to have violated this act has the burden of showing the applicability of 
this section.
Section 17, Section 
78B-4-513
 is amended to read:
78B-4-513. Cause of action for defective construction.
(1)
Except as provided in Subsection 
(2)
, an action for defective design or construction is 
limited to breach of the contract, whether written or otherwise, including both express 
and implied warranties.
(2)
An action for defective design or construction may include damage to other property or 
physical personal injury if the damage or injury is caused by the defective design or 
construction.
(3)
For purposes of Subsection 
(2)
, property damage does not include:
(a)
the failure of construction to function as designed; or
(b)
diminution of the value of the constructed property because of the defective design 
or construction.
(4)
Except as provided in Subsections 
(2)
 and 
(6)
, an action for defective design or 
construction may be brought only by a person in privity of contract with the original 
contractor, architect, engineer, or 
the 
real estate developer.
(5)
If a person in privity of contract sues for defective design or construction under this 
section, nothing in this section precludes the person from bringing, in the same suit, 
another cause of action to which the person is entitled based on an intentional or willful 
breach of a duty existing in law.
(6)
Nothing in this section precludes
:
(a)
a person from assigning a right under a contract to another person, including to a 
subsequent owner or a homeowners association
.
; or
(b)
a government agency from bringing an enforcement action in accordance with any 
other statute for matters involving defective construction.
Section 18, 
Repealer.
Costs and attorney's fees.
Section 19. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-7-25 5:05 PM