Utah Telephone Fraud Prevention Act
UT Code § 13-26-1, et seq.
Utah Code
Title 13 Commerce and Trade
Chapter 26 Telephone Fraud Prevention Act
Section 1 Short title.
Section 2 Definitions.
Section 3 Registration and bond required.
Section 4 Exemptions from registration.
Section 5 Right of rescission -- Cancellation.
Section 8 Penalties.
Section 10 Provisions of chapter not exclusive.
Section 11 Prohibited practices.
Section 12 Consumer complaints are public.
13-26-1. Short title.
This chapter is known as the "Telephone Fraud Prevention Act."
Enacted by Chapter 154, 1990 General Session
Effective 5/4/2022
13-26-2. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) "Affiliated person" means a seller or a seller's contractor, director, employee, officer, owner, or partner.
(2) "Continuity plan" means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount.
(3) "Division" means the Division of Consumer Protection.
(4) "Fictitious personal name" means a name other than an individual's legal name.
(5) "Material statement" or "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.
(6) "Participant" means a person seeking to register or renew a registration as a seller including:
(a) a seller;
(b) an owner;
(c) an officer;
(d) a director;
(e) a member or manager of a limited liability company;
(f) a principal;
(g) a trustee;
(h) a general or limited partner;
(i) a sole proprietor; or
(j) an individual with a controlling interest in an entity.
(7) "Premium" means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services.
(8) "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.
(9) "Subscription arrangements," "standing order arrangements," "supplements," and "series arrangements" mean products or services provided, with the prior express request or consent of the buyer, for a specified period of time at a price dependent on the duration of service and to complement an initial purchase.
(10)
(a) "Telephone solicitation," "sale," "selling," or "solicitation of sale" means:
(i) a sale or solicitation of goods or services in which:
(A)
(I) the seller solicits the sale over the telephone;
(II) the purchaser's agreement to purchase is made over the telephone; and
(III) the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services;
(B) the seller, not exempt under Section 13-26-4, induces a prospective purchaser over the telephone, to make and keep an appointment that directly results in the purchase of goods or services by the purchaser that would not have occurred without the telephone solicitation and inducement by the seller;
(C) the seller offers or promises a premium to a prospective purchaser if:
(I) the seller induces the prospective purchaser to initiate a telephone contact with the seller; and
(II) the resulting solicitation meets the requirements of Subsection (10)(a); or
(D) the seller solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with an appeal made for a charitable purpose by an organization that is not otherwise exempt under Subsection 13-26-4(2)(b)(iv); or
(ii) a telephone solicitation as defined in Section 13-25a-102.
(b) "Telephone solicitation," "sale," "selling," or "solicitation of sale" does not include a sale or solicitation that occurs solely through an Internet website without the use of a telephone call.
(c) A solicitation of sale or telephone solicitation is considered complete when made, whether or not the person receiving the solicitation agrees to the sale or to make a charitable donation.
(11) "Telephone solicitor" or "solicitor" means an individual who engages in a telephone solicitation on behalf of a seller.
Amended by Chapter 324, 2022 General Session
NOTE:
Proposed 2022 General Session legislation affecting section 13-26-2: H.B. 217, 1st Sub. H.B. 217
Effective 5/4/2022
13-26-3. Registration and bond required.
(1)
(a) Unless exempt under Section 13-26-4, each seller shall register annually with the division before engaging in telephone solicitations if:
(i) the seller engages in telephone solicitations that:
(A) originate in Utah; or
(B) are received in Utah; or
(ii) the seller, or a solicitor on behalf of the seller, conducts any business operations in Utah.
(b) The registration form shall designate an agent residing in this state who is authorized by the seller to receive service of process in any action brought by this state or a resident of this state.
(c) If a seller fails to designate an agent to receive service or fails to appoint a successor to the agent, the division shall:
(i) deny the seller's application for an initial or renewal registration; and
(ii) if the application is for a renewal registration, suspend the seller's current registration until the seller designates an agent.
(d) For purposes of this section only, the registered agent of a seller shall provide the division the registered agent's proof of residency in the state in the form of:
(i) a valid Utah driver license;
(ii) a valid governmental photo identification issued to a resident of this state; or
(iii) other verifiable identification indicating residency in this state.
(2) The division may impose an annual registration fee set in accordance with Section 63J-1-504 that may include the cost of the criminal background check described in Subsection (4).
(3)
(a) Each seller subject to this chapter engaging in telephone solicitation or sales in this state shall obtain and maintain the following security:
(i) a performance bond issued by a surety authorized to transact surety business in this state;
(ii) an irrevocable letter of credit issued by a financial institution authorized under the laws of this state or the United States doing business in this state; or
(iii) a certificate of deposit held in this state in a financial institution authorized under the laws of this state or the United States to accept deposits from the public.
(b) A seller's bond, letter of credit, or certificate of deposit shall be payable to the division for the benefit of any consumer who incurs damages as the result of the seller's violation of this chapter.
(c) If the consumer has first recovered full damages, the division may recover from the bond, letter of credit, or certificate of deposit administrative fines, civil penalties, investigative costs, attorney fees, and other costs of collecting and distributing funds under this section.
(d) A seller shall keep a bond, certificate of deposit, or letter of credit in force for one year after the day on which the seller notifies the division in writing that the seller has ceased all activities regulated by this chapter.
(e) The seller shall post a bond, irrevocable letter of credit, or certificate of deposit in the amount of:
(i) $25,000 if:
(A) neither the seller nor any affiliated person has violated this chapter in the three-year period immediately before the day on which the seller files the application; and
(B) the seller has fewer than 10 employees;
(ii) $50,000 if:
(A) neither the seller nor any affiliated person has violated this chapter in the three-year period immediately before the day on which the seller files the application; and
(B) the seller has 10 or more employees; or
(iii) $75,000 if the seller or any affiliated person has violated this chapter in the three-year period immediately before the day on which the seller files the application.
(4) To register or renew a registration as a seller, a participant:
(a) may not have been convicted of a felony in the 10-year period immediately before the day on which the participant files the application;
(b) may not have been convicted of a misdemeanor involving moral turpitude, including theft, fraud, or dishonesty, in the 10-year period immediately before the day on which the participant files the application; and
(c) shall submit to the division:
(i) the participant's fingerprints, in a form acceptable to the division, for purposes of a criminal background check; and
(ii) consent to a criminal background check by the Bureau of Criminal Identification created in Section 53-10-201.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may establish by rule the registration requirements for a seller.
(6) If information in an application for registration or for renewal of registration as a seller materially changes or becomes incorrect or incomplete, the applicant shall, within 30 days after the day on which information changes or becomes incorrect or incomplete, submit the correct information to the division in a manner that the division establishes by rule.
(7) The division director may deny or revoke a registration under this section for any violation of this chapter.
Amended by Chapter 324, 2022 General Session
NOTE:
Proposed 2022 General Session legislation affecting section 13-26-3: H.B. 217, 1st Sub. H.B. 217
Effective 5/4/2022
13-26-4. Exemptions from registration.
(1) In an enforcement action initiated by the division, a person claiming an exemption has the burden of proving that the person is entitled to the exemption.
(2) The following are exempt from this chapter except for the requirements described in Sections 13-26-8 and 13-26-11:
(a) a broker, agent, dealer, or sales professional licensed in this state, when soliciting sales within the scope of the broker's, agent's, dealer's, or sales professional's license;
(b) the solicitation of sales by:
(i) a public utility that is regulated under Title 54, Public Utilities, or by an affiliate of the public utility;
(ii) a newspaper of general circulation;
(iii) a solicitation of sale made by a broadcaster licensed by a state or federal authority;
(iv) a nonprofit organization if no part of the net earnings from the sale inures to the benefit of:
(A) a member, officer, trustee, or serving board member of the organization; or
(B) an individual, or a family member of an individual, holding a position of authority or trust in the organization; and
(v) a person who periodically publishes and delivers a catalog of the seller's merchandise to prospective purchasers, if the catalog:
(A) contains the price and a written description or illustration of each item offered for sale;
(B) includes the seller's business address;
(C) includes at least 24 pages of written material and illustrations;
(D) is distributed in more than one state; and
(E) has an annual circulation by mailing of not less than 250,000;
(c) a publicly traded corporation registered with the Securities and Exchange Commission, or a subsidiary of the publicly traded corporation;
(d) the solicitation of a depository institution as defined in Section 7-1-103, a subsidiary of a depository institution, personal property broker, securities broker, investment adviser, consumer finance lender, or insurer subject to regulation by an official agency of this state or the United States;
(e) the solicitation by a person soliciting only the sale of telephone services to be provided by the person or the person's employer;
(f) the solicitation of a person relating to a transaction regulated by the Commodities Futures Trading Commission, if:
(i) the person is registered with or temporarily licensed by the commission to conduct the activity under the Commodity Exchange Act; and
(ii) the registration or license has not expired or been suspended or revoked;
(g) the solicitation of a contract for the maintenance or repair of goods previously purchased from the person:
(i) who is making the solicitation; or
(ii) on whose behalf the solicitation is made;
(h) the solicitation of previous customers of the person on whose behalf the call is made if the person making the call:
(i) does not offer any premium in conjunction with a sale or offer;
(ii) is not selling an investment or an opportunity for an investment that is not registered with a state or federal authority; and
(iii) is not regularly engaged in telephone sales;
(i) the solicitation of a sale that is an isolated transaction and not done in the course of a pattern of repeated transactions of a similar nature;
(j) the solicitation of a person by a retail business that has been in operation for at least five years in Utah under the same name as that used in connection with telemarketing if the following occur on a continuing basis:
(i) at the retail business's place of business, the retail business:
(A) displays and offers products for sale; or
(B) offers services for sale and provides the services at the place of business; and
(ii) a majority of the retail business's business involves the activities described in Subsection (2)(j)(i);
(k) a person primarily soliciting the sale of a magazine or periodical sold by the publisher or the publisher's agent through a written agreement, or printed or recorded material through a contractual plan, such as a book or record club, continuity plan, subscription, standing order arrangement, or supplement or series arrangement if:
(i) the person provides the consumer with a form that the consumer may use to instruct the person not to ship the offered merchandise, and the arrangement is regulated by the Federal Trade Commission trade regulation concerning use of negative option plans by a person making a sale in commerce; or
(ii)
(A) the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis; and
(B) the consumer retains the right to cancel at any time and receive a full refund for the unused portion;
(l) a telephone marketing service company that provides telemarketing sales services under contract to a person making a sale if:
(i) the telephone marketing service company has been doing business regularly with customers in Utah for at least five years under the same business name and with the telephone marketing service company's principal office in the same location;
(ii) at least 75% of the telephone marketing service company's contracts are performed on behalf of persons exempt from registration under this chapter; and
(iii) neither the telephone marketing service company nor the telephone marketing service company's principals have been enjoined from doing business or subjected to criminal actions for the telephone marketing service company's or the telephone marketing company's principal's business activities in this or any other state;
(m) a credit services organization that holds a current registration with the division under Chapter 21, Credit Services Organizations Act, if the credit services organization's telephone solicitations are limited to the solicitation of services regulated under Chapter 21, Credit Services Organizations Act; and
(n) a provider that holds a current registration with the division under Chapter 42, Uniform Debt-Management Services Act, if the provider's telephone solicitations are limited to the solicitation of services regulated under Chapter 42, Uniform Debt-Management Services Act.
Amended by Chapter 324, 2022 General Session
NOTE:
Proposed 2022 General Session legislation affecting section 13-26-4: H.B. 217, 1st Sub. H.B. 217
Effective 5/4/2022
13-26-5. Right of rescission -- Cancellation.
(1) As used in this section, "business day" means a day other than Sunday or a federal or state holiday.
(2)
(a) Except as provided in Subsections (2)(b) and (c), in addition to any right to otherwise revoke an offer, a person who makes a purchase from a seller may cancel the sale before midnight of the third business day after the day on which the person receives the merchandise or premium, whichever is later, provided the seller or the seller's solicitor advises the purchaser of the purchaser's cancellation rights under this chapter at the time the solicitation is made.
(b) If the seller or the seller's solicitor fails to orally advise a purchaser of the right to cancel under this section at the time of a solicitation, the purchaser's right to cancel is extended to 90 days.
(c) If the seller or the seller's solicitor fails to orally advise a purchaser of the seller's or the seller's solicitor's legal name, telephone number, and complete address at the time of a solicitation, the purchaser may cancel the sale at any time.
(d) Except as provided in Subsection (5), a seller shall provide a full refund to a purchaser who cancels a sale in accordance with this section.
(3) A purchaser may cancel a sale by:
(a) mailing a notice of cancellation to the seller or seller's solicitor's correct address, postage prepaid; or
(b) if the seller or the seller's solicitor fails to provide the purchaser with the seller's or the seller's solicitor's correct address, sending a notice of cancellation to the division's office, postage prepaid.
(4)
(a) If a purchaser cancels a sale and the seller or the seller's solicitor provides the purchaser with the seller's correct address, the purchaser shall, within seven business days after the day on which the purchaser exercises the right to cancel, make a reasonable attempt to:
(i) if the canceled sale involves durable goods, return the goods to the seller; or
(ii) if the canceled sale involves expendable goods, return any unused portion of the goods to the seller.
(b) If the seller or the seller's solicitor fails to provide to a purchaser the seller's correct address, a purchaser who cancels a sale is not required to return any canceled goods to the seller.
(5)
(a) If the purchaser who cancels a sale has used any portion of the services or goods purchased, the purchaser shall provide the seller a reasonable allowance for the value given.
(b) A seller may deduct the reasonable allowance described in Subsection (5)(a) from any refund due the purchaser.
Amended by Chapter 324, 2022 General Session
NOTE:
Proposed 2022 General Session legislation affecting section 13-26-5: H.B. 217, 1st Sub. H.B. 217
Effective 5/4/2022
13-26-8. Penalties.
(1)
(a) A seller or solicitor who violates a provision of this chapter is guilty of:
(i) a class B misdemeanor for a first violation;
(ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and
(iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.
(b) For the purposes of Subsection (1)(a), a prior violation includes:
(i) a final prior conviction;
(ii) a final determination by a court of competent jurisdiction; or
(iii) a final determination in an administrative adjudicative proceeding.
(2) A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.
(3)
(a) The division may:
(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter;
(ii) bring a court action to enforce the provisions of this chapter; and
(iii) in addition to other penalties described in this chapter, issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
(b) For purposes of this section, each telephone solicitation made in violation of this chapter is a separate violation.
(4) The division shall deposit all administrative fines and civil penalties collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Amended by Chapter 324, 2022 General Session
NOTE:
Proposed 2022 General Session legislation affecting section 13-26-5: H.B. 217, 1st Sub. H.B. 217
13-26-10. Provisions of chapter not exclusive.
The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.
Enacted by Chapter 184, 1991 General Session
Effective 5/4/2022
13-26-11. Prohibited practices.
(1) It is unlawful for a seller to:
(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
NOTE:
Proposed 2022 General Session legislation affecting section 13-26-11: H.B. 217, 1st Sub. H.B. 217
Effective 5/4/2022
13-26-12. Consumer complaints are public.
(1) As used in this section, "consumer complaint" means a complaint that:
(a) a person 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 person 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 person 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 consumer 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 consumer 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 or response any information that would disclose:
(i) the filer'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 filer and any other information that could, in the division's judgment, disclose the identity of the filer filing the consumer complaint.
(6) A person's initial, written response to a consumer complaint that is subject to Subsection (3) is a public record.
Amended by Chapter 324, 2022 General Session
NOTE:
Proposed 2022 General Session legislation affecting section 13-26-12: H.B. 217, 1st Sub. H.B. 217
Utah Telephone Fraud Prevention Act Rules
UT Admin Code R152-26
R152. Commerce, Consumer Protection.
R152-26. Telephone Fraud Prevention Act Rule.
R152-26-1. Authority.
These rules are promulgated pursuant to Section 13-2-5 to administer the Utah Telephone Fraud Prevention Act.
R152-26-2. Scope and Applicability.
These rules shall have the same scope and applicability as Title 13, Chapter 26.
R152-26-3. Definitions.
The following terms, in addition to the definitions appearing in Section 13-26-2, shall be used in construing this rule.
(1) "Director" means the director of the Utah Department of Commerce, Division of Consumer Protection.
(2) "Division" means the Utah Department of Commerce, Division of Consumer Protection.
(3) "Registrant" means any person who has submitted an application for registration to the division pursuant to Section 13-26-3.
(4) "Durable goods" means goods likely to be used for three years or more.
R152-26-4. Denial, Revocation, or Suspension of Registration.
(1) The director may deny an application for registration for the following reasons:
(a) the registrant has committed any of the violations of law set forth in Section 13-26-11; or
(b) the registrant has failed to comply with all of the requirements of Section 13-26-3 and these rules;
(2) The director may suspend or revoke a registration for any violation of Title 13, Chapter 26 by the registrant.
R152-26-5. Registration.
(1) A registrant shall submit an application for registration only on the form authorized by the division. An application may be summarily denied if:
(a) it is submitted on a form not authorized by the division;
(b) it is submitted on the authorized form but it is not legible; or
(c) it is submitted on the authorized form but it is incomplete in some material respect.
(2) The application shall include the following:
(a) the registrant's name, address, telephone number and facsimile number, if any;
(b) the names, addresses, birth dates and places, and social security numbers of all registrant's officers, directors, members, principals and/or key employees;
(c) the registrant's previous business addresses during the previous ten years;
(d) other names, if any, that the registrant does business under;
(e) identification of all licenses or permits currently held by the registrant and any that have been revoked or suspended;
(f) disclosure of any judgment, injunctive order or conviction of any of registrant's officers, directors, members, principals, or key-employees of racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion of property, misappropriation of property or other similar crimes;
(g) the name and address of the registrant's registered agent;
(h) the location where telephone numbers are to be dialed; and
(i) a description of the goods or services that are to be the subject of the telephone solicitation.
(3) Each registrant shall submit copies of the following documents with their application:
(a) All scripts to be used in the telephone solicitation;
(b) Articles of incorporation or other organizational documentation showing registrant's current legal status.
(4) At the option of the director, the processing of an application by the division's staff may be delayed to give the registrant an opportunity to cure technical defects in his application.
(5) If information in an application for registration or for renewal of registration as a telephone soliciting business materially changes or becomes incorrect or incomplete, the applicant shall, within 30 days after the information changes or becomes incorrect or incomplete, submit the correct information on the corresponding page of the registration application with a cover page or letter clarifying that the submission is correcting information to an existing registration.
(a) Material changes to the legal status of the registrant's organization or ownership of the telephone soliciting business may not be submitted as an amendment to an existing registration. An initial application for registration must be completed and submitted for approval by the Division.
(b) The director may suspend or revoke a registration if material changes or corrections to the registration are not submitted as required by this rule.
R152-26-7. Bonds, Irrevocable Letters of Credit and Certificates of Deposit.
(1) At the option of the registrant, a bond, irrevocable letter of credit or certificate of deposit may be tendered to the division to fulfill the requirements of Section 13-26-3(3)(a).
(2) Whichever type of instrument is tendered by a registrant, payment is immediately due and owing to the division when:
(a) the director delivers a signed writing to the registrant's surety or issuing financial institution demanding payment of a specified sum of money; and
(b) the registrant's liability in the amount specified is demonstrated by a certified copy of the division's final order or the civil judgment of any Utah or federal court, which copy shall be attached to the director's demand for payment.
(3) The division may make a demand on a bond, irrevocable letter of credit or certificate of deposit either in its own right or as the representative of consumers who have been injured by the registrant's violation of Title 13, Chapter 26.
(4) Instruments tendered to the division under Section 13-26-3(3)(a) may be executed in any form that the director deems commercially and legally reasonable and consistent with this rule. The division's acceptance of a non-conforming instrument does not result in a waiver of the requirements of this rule.
R152-26-8. Isolated Transaction Exemption.
For purposes of Section 13-26-4(2)(i), an "isolated transaction" means no more than two occurrences in any twelve month period.
R152-26-9. Right of Rescission.
(1) For purposes of Section 13-26-5(2), a written notification of cancellation is effective the earlier of:
(a) when the notice is actually received by the seller; or
(b) when the notice is placed in the custody of the U.S. Postal Service, provided the postage is prepaid and the letter is properly addressed to the seller.
(2) A rescission letter is in the custody of the U.S. Postal Service when the letter is actually placed in the possession of a U.S. Postal Service employee or in a receptacle for letters authorized by the U.S. Postal Service.
KEY: telephones, fraud, consumers
Date of Enactment or Last Substantive Amendment: January 7, 2014
Notice of Continuation: March 22, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-5
For more information, see here: https://le.utah.gov/xcode/Title13/Chapter26/13-26.html?v=C13-26_1800010118000101
AND
https://dcp.utah.gov/businesses/telemarketing.html
AND
https://adminrules.utah.gov/public/search/R152-26/Current%20Rules
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