Utah Telemarketing Law

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Utah Laws and Rules

Utah Telemarketing Laws and Rules include the:

Utah Telephone and Facsimile Solicitation Act
Utah Telephone Fraud Prevention Act
Utah Administrative Rules under the Fraud Prevention Act

The Utah Division of Consumer Protection has also provided telemarketing guidelines.  Their website is available here.

See below for links to the Utah Telemarketing Laws and Rules concerning specific Issues:
 Utah Telemarketing Issue
 Link to Relevant Statute
  Telemarketing Permit  

 Registration Required
   Exemptions from Registration
   Bond or other Security
   Fee
 Requirements when Calling
 
   Disclosures
   Cancellation Rights
   Caller ID
 Prohibitions and Restrictions
 
   Curfew
   External Do-Not-Call (state/federal)
   Internal Do-Not-Call (entity specific)
   Auto-Dialing / Pre-Recorded Messages
   Miscellaneous Prohibitions
 Fines  
   Amount per Violation
   Private Action
 Misrepresentation of Caller ID  
   Criminal Code


 Telephone and Facsimile Solicitation Act


13-25a-101.   Title.
This chapter is known as the "Telephone and Facsimile Solicitation  Act." Enacted by Chapter 26, 1996 General Session

13-25a-102.   Definitions.
As used in this chapter:
(1)  "Advertisement" means material offering for sale, or advertising the availability or quality of, any property, goods, or services.
(2) (a)  "Automated telephone dialing system" means equipment used to:
          (i)  store or produce telephone numbers;
          (ii)  call a stored or produced number; and
          (iii)  connect the number called with a recorded message or artificial voice.
     (b)  "Automated telephone dialing system" does not include equipment used with a burglar alarm system, voice messaging system, fire alarm system, or other system used in an emergency involving the immediate health or safety of a person.
(3)  "Division" means the Division of Consumer Protection in the Department of Commerce.
(4) (a)  "Established business relationship" means a relationship that:
          (i)   is based on inquiry, application, purchase, or transaction regarding products or services offered;
          (ii)  is formed by a voluntary two-way communication between a person making a telephone solicitation and a person to whom a telephone solicitation is made; and
          (iii)  has not been terminated by:
               (A)  an act by either party; or
               (B)  the passage of 18 months since the most recent inquiry, application, purchase, transaction, or voluntary two-way      communication.
     (b)  "Established business relationship" includes a relationship with an affiliate as defined in Section 16-10a-102.
(5)  "Facsimile machine" means equipment used for:
     (a)  scanning or encoding text or images for conversion into electronic signals for transmission; or
     (b)  receiving electronic signals and reproducing them as a duplicate of the original text or image.
(6)  "Negative response" means a statement from a party stating the party does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call.
(7)  "Telephone solicitation" means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:
     (a)  encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;
     (b)  soliciting a sale of or extension of credit for property or services to the person called;
     (c)  soliciting information that will be used for:
          (i)  the direct solicitation of a sale of property or services to the person called; or
          (ii)  an extension of credit to the person called for a sale of property or services; or
     (d)  soliciting a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose.
(8)  "Telephone solicitor" means any natural person, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system.
(9)  "Unsolicited telephone call" means a telephone call for a commercial purpose or to seek a financial donation other than a call made:
     (a)  in response to an express request of the person called;
     (b)  primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
     (c)  to any person with whom the telephone solicitor has an established business relationship; or
     (d)  as required by law for a medical purpose.
Amended by Chapter 263, 2003 General Session

13-25a-103.   Prohibited conduct for telephone solicitations -- Exceptions.
 (1)  Except as provided in Subsection (2), a person may not operate or authorize the operation of an automated telephone dialing system to make a telephone solicitation.
 (2)  A person may operate an automated telephone dialing system if a call is made:
     (a)  with the prior express consent of the person who is called agreeing to receive a telephone solicitation from a specific solicitor; or
     (b)  to a person with whom the solicitor has an established business relationship.
 (3)  A person may not make a telephone solicitation to a residential telephone without prior express consent during any of the following times:
     (a)  before 8 a.m. or after 9 p.m. local time;
     (b)  on a Sunday; or
     (c)  on a legal holiday.
 (4)  A person may not make or authorize a telephone solicitation in violation of Title 47 U.S.C. 227.
 (5)  Any telephone solicitor who makes an unsolicited telephone call to a telephone number shall:
     (a)  identify the telephone solicitor;
     (b)  identify the business on whose behalf the telephone solicitor is soliciting;
     (c)  identify the purpose of the call promptly upon making contact by telephone with the person who is the object of the telephone solicitation;
     (d)  discontinue the solicitation if the person being solicited gives a negative response at any time during the telephone call; and
     (e)  hang up the phone, or in the case of an automated telephone dialing system operator, disconnect the automated telephone dialing system from the telephone line within 25 seconds of the termination of the call by the person being called.
 (6)  A telephone solicitor may not withhold the display of the telephone solicitor's telephone number from a caller identification service when that number is being used for telemarketing purposes and when the telephone solicitor's service or equipment is capable of allowing the display of the number.
Amended by Chapter 90, 2004 General Session
Amended by Chapter 263, 2004 General Session

13-25a-104.   Prohibited conduct for facsimiles -- Exceptions.
(1)  Except as provided in Subsection (2), a person may not operate or authorize the operation of a facsimile machine to send an advertisement.
(2)  A person may operate a facsimile machine if the advertisement is sent:
     (a)  with the prior express written consent of the person who receives the facsimile agreeing to receive the facsimile from a specific solicitor; or
     (b)  to a person with whom the solicitor has an established business relationship.
(3)  A person may not make or authorize the sending of an advertisement by facsimile in violation of Title 47 U.S.C. 227.
Amended by Chapter 263, 2003 General Session

 13-25a-105.   Penalties -- Administrative and criminal.

(1)  Any person who violates this chapter is subject to:
     (a)  a cease and desist order; and
     (b)  an administrative fine of not less than $100 or more than $2,500 for each separate violation.
(2)  All administrative fines collected under this chapter shall be deposited in the Consumer Protection Education and Training Fund created in Section 13-2-8.
(3)  Any person who intentionally violates this chapter is guilty of a class A misdemeanor and may be fined up to $2,500.  A person intentionally violates this chapter if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that he is in violation of this chapter.
Amended by Chapter 18, 2005 General Session

13-25a-106.   Enforcement.
(1)  The division shall investigate and assess administrative fines for violations of this chapter.
(2) (a)  Upon referral from the division, the attorney general or any district or county attorney may:
          (i)  bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this chapter;
          (ii)  upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this part if proof of loss is submitted to the satisfaction of the court; or
          (iii)  bring an action in any court of competent jurisdiction for the collection of penalties authorized under Subsection 13-25a-105(1).
     (b)  In an action under Subsection (2)(a), the attorney general or any district or county attorney may recover costs, including investigative costs and attorney fees, from any violator of this chapter.
Amended by Chapter 18, 2005 General Session

 13-25a-107.   Private action.

(1)  In addition to any other remedies, a person may bring an action in any state court of competent jurisdiction if:
     (a) (i)  the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that:
               (A)  violates this chapter; or
               (B)  violates Title 47 U.S.C. 227; and
          (ii)  the person, following the first telephone solicitation or facsimile advertisement, notified the sender of the person's objection to receiving the telephone solicitation or facsimile advertisement; or
     (b)  the person has received one telephone solicitation or facsimile advertisement in violation of:
          (i)  Subsection 13-25a-103(1);
          (ii)  Subsection 13-25a-103(3);
          (iii)  Subsection 13-25a-103(5);
          (iv)  Subsection 13-25a-103(6); or
          (v)  Subsection 13-25a-104(1).
(2)  In a suit brought under Subsection (1), a person may:
     (a)  recover the greater of $500 or the amount of the pecuniary loss, if any;
     (b)  recover court costs and reasonable attorneys' fees as determined by the court; and
     (c)  seek to enjoin any conduct in violation of this chapter. Amended by Chapter 263, 2003 General Session

 13-25a-107.2.   Requests to a specific telephone solicitor.

(1)  A telephone solicitor may not make or cause to be made a telephone solicitation to a person who has informed the telephone solicitor, either in writing or orally, that the person does not wish to receive a telephone call from the telephone solicitor.
(2)  A telephone solicitor is not liable for a violation of this section if the telephone solicitor complies with 16 C.F.R. Part 310.4(b)(3)       and (4).
Enacted by Chapter 18, 2005 General Session

 13-25a-108.   Objections to telephone solicitations.
A person may not make or cause to be made an unsolicited telephone call within Utah to a telephone number contained in the no-call database established under Section 13-25a-109. Amended by Chapter 263, 2004 General Session

13-25a-109.   No-call database.
(1) (a)  In accordance with Subsection (1)(b), the division shall establish and provide for the operation of a no-call database to compile a list of telephone numbers of persons who have provided notice of the person's objection to receiving an unsolicited telephone call.
     (b)  The no-call database described in Subsection (1)(a) shall consist of the Utah telephone numbers contained in the national "do-not-call" registry established and maintained by the Federal Trade Commission pursuant to 16 C.F.R. 310.4(b)(1)(iii)(B).
(2)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may adopt rules to:
     (a)  define the improper use of the no-call database;
     (b)  define administrative fines for the improper use of the no-call database, which may not be greater than those imposed for a violation of the national "do-not-call" registry described in Subsection (1)(b); and
     (c)  define administrative fines against a person that registers another person to the no-call database without that person's consent.
(3)  Information contained in the no-call database maintained under this section shall be classified as private under Title 63G, Chapter 2, Government Records Access and Management Act, and shall be used only for purposes of:
     (a)  compliance with this chapter; or
     (b)  a proceeding or action to enforce this chapter.
Amended by Chapter 382, 2008 General Session

13-25a-111.   Exemptions.
Notwithstanding any other provision of this chapter, Sections 13-25a-103 and 13-25a-108 do not apply to:
(1)  a telephone call made for a charitable purpose as defined in Section 13-22-2;
(2)  a charitable solicitation as defined in Section 13-22-2; or
(3)  a person who holds a license or registration:
     (a)  under Title 31A, Insurance Code;
     (b)  issued by the Division of Real Estate established in Section 61-2-201; or
     (c)   issued by the National Association of Securities Dealers.
Amended by Chapter 379, 2010 General Session

 Telephone Fraud Prevention Act


13-26-1.   Short title.
This chapter is known as the "Telephone Fraud Prevention Act."
Enacted by Chapter 154, 1990 General Session

13-26-2.   Definitions.

As used in this chapter, unless the context otherwise requires:
(1)  "Continuity plan" means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products.  A continuity plan is distinguished from a subscription arrangement by no binding commitment period or purchase amount.
(2)  "Division" means the Division of Consumer Protection.
(3)  "Fictitious personal name" means a name other than an individual's true name.  An "individual's true name" is the name taken at birth unless changed by operation of law or by civil action.
(4)  "Material statement" or "material fact" means information that a person of ordinary intelligence or prudence would consider important in deciding whether or not to accept an offer extended through a telephone solicitation.
(5)  "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.
(6)  "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.
(7) (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 solicitor, 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 solicitor;
               (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 telephone soliciting business; and
                    (II)  the resulting solicitation meets the requirements of Subsection (7)(a); or
               (D)  the solicitor solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with any appeal made for a charitable purpose 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.
(8)  "Telephone soliciting business" means a sole proprietorship, partnership, limited liability company, corporation, or other association of individuals engaged in a common effort to conduct telephone solicitations.
(9)  "Telephone solicitor" or "solicitor" means a person, partnership, limited liability company, corporation, or other entity that:
     (a)  makes a telephone solicitation; or
     (b)  causes a telephone solicitation to be made.
Amended by Chapter 152, 2012 General Session

 13-26-3.   Registration and bond required.

(1) (a)  Unless exempt under Section 13-26-4, each telephone soliciting business shall register annually with the division before engaging in telephone solicitations if:
          (i)  the telephone soliciting business engages in telephone solicitations that:
               (A)  originate in Utah; or
               (B)  are received in Utah; or
          (ii)  the telephone soliciting business conducts any business operations in Utah.
     (b)  The registration form shall designate an agent residing in this state who is authorized by the telephone soliciting business to receive service of process in any action brought by this state or a resident of this state.
     (c)  If a telephone soliciting business fails to designate an agent to receive service or fails to appoint a successor to the agent:
          (i)  the business' application for an initial or renewal registration shall be denied; and
          (ii)  any current registration shall be suspended until an agent is designated.
     (d) (i)  For purposes of this section only, the registered agent of a telephone soliciting business shall provide the division proof of residency in the state.
          (ii)  Proof of residency under Subsection (1)(d)(i) may be provided by a valid Utah driver license, valid governmental photo identification issued to a resident of the state, or other verifiable identification indicating residency in the state.
 (2)  The division may impose an annual registration fee set pursuant to Section 63J-1-504 that may include the cost of the criminal background check described in Subsection (4).
 (3) (a)  Each telephone soliciting business 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 to do business in this state; or
          (iii)  a certificate of deposit held in this state in a depository institution regulated by the Department of Financial Institutions.
     (b)  The 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 any telephone solicitation or sales violation of this chapter.
     (c)  The division may recover from the bond, letter of credit, or certificate of deposit investigative costs, attorney fees, and other costs of collecting and distributing funds under this section and the costs of promoting consumer education, but only if the consumer has first recovered full damages.
     (d)  A telephone soliciting business shall keep a bond, certificate of deposit, or letter of credit in force for one year after it notifies the division in writing that it has ceased all activities regulated by this chapter.
     (e)  The amount to be posted in the form of a bond, irrevocable letter of credit, or certificate of deposit shall be:
          (i)  $25,000 if:
               (A)  neither the telephone soliciting business nor any affiliated person has violated this chapter within three years preceding the date of the application; and
               (B)  the telephone soliciting business has fewer than 10 employees;
          (ii)  $50,000 if:
               (A)  neither the telephone soliciting business nor any affiliated person has violated this chapter within three years preceding the date of the application; and
               (B)  the telephone soliciting business has 10 or more employees; or
          (iii)  $75,000 if the telephone soliciting business or any affiliated person has violated this chapter within three years preceding the date of the application.
     (f)  For purposes of Subsection (3)(e) an "affiliated person" means a contractor, director, employee, officer, owner, or partner of the telephone soliciting business.
(4) (a)  As used in this Subsection (4), "participant" means an individual with a controlling interest in or an owner, officer, director, member, principal, trustee, general partner, limited partner, manager, sole proprietor, or key employee of a person seeking to register or renew a registration as a telephone soliciting business.
     (b)  As part of the process to register or renew a registration as a telephone soliciting business, a participant:
          (i)  may not, within the previous 10 years, have been convicted of a felony;
          (ii)  may not, within the previous 10 years, have been convicted of a misdemeanor involving moral turpitude, including theft, fraud, or dishonesty; and
          (iii)  shall submit to the division:
               (A)  the participant's fingerprints, in a form acceptable to the division, for purposes of a criminal background check; and
               (B)  consent to a criminal background check by the Bureau of Criminal Identification created in Section 53-10-201.
(5)  The division may establish by rule the registration requirements for telephone soliciting businesses under the terms of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.  An administrative proceeding conducted by the division under this chapter shall comply with the requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(6)  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, correct the application or 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 124, 2013 General Session

 13-26-4.   Exemptions from registration.
(1)  In any enforcement action initiated by the division, the person claiming an exemption has the burden of proving that the person is entitled to the exemption.
(2)  The following are exempt from the requirements of this chapter except for the requirements of Sections 13-26-8 and 13-26-11:
     (a)  a broker, agent, dealer, or sales professional licensed under the licensure laws of this state, when soliciting sales within the scope of his license;
     (b)  the solicitation of sales by:
          (i)  a public utility that is regulated under Title 54 or by an affiliate of the utility;
          (ii)  a newspaper of general circulation;
          (iii)  a solicitation of sales made by a broadcaster licensed by any state or federal authority;
          (iv)  a nonprofit organization if no part of the net earnings from the sale inures to the benefit of any  member, officer, trustee, or serving board member of the organization, or individual, or 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 solicitor'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 business address of the solicitor;
               (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)  any publicly-traded corporation registered with the Securities and Exchange Commission, or any subsidiary of the corporation;
     (d)  the solicitation of any 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 that 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 business 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 any 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 like nature;
     (j)  the solicitation of a person by a retail business establishment that has been in operation for at least five years in Utah under the same name as that used in connection with telemarketing if both of the following occur on a continuing basis:
          (i)  products are displayed and offered for sale at the place of business, or services are offered for sale and provided at the place of business; and
          (ii)  a majority of the seller's business involves the buyer obtaining the products or services at the seller's place of business;
     (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 seller provides the consumer with a form that the consumer may use to instruct the seller 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 sellers in commerce; or
          (ii) (A)  the seller 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; or
     (l)  a telephone marketing service company that provides telemarketing sales services under contract to sellers if:
          (i)  it has been doing business regularly with customers in Utah for at least five years under the same business name and with its principal office in the same location;
          (ii)  at least 75% of its contracts are performed on behalf of persons exempted from registration under this chapter; and
          (iii)  neither the company nor its principals have been enjoined from doing business or subjected to criminal actions for their business activities in this or any other state.
Amended by Chapter 170, 1996 General Session

 13-26-5.   Right of rescission -- Cancellation.
(1) (a)  Except as provided in Subsections (1)(b) and (c), in addition to any right to otherwise revoke an offer, a person making a purchase from a telephone soliciting business required to be registered under this chapter may cancel the sale up to midnight of the third business day after the receipt of the merchandise or premium, whichever is later, provided the solicitor advises the purchaser of his cancellation rights under this chapter at the time any solicitation is made.
     (b)  If the solicitor required to be registered under this chapter fails to orally advise a purchaser of the right to cancel under this section at the time of any solicitation, the purchaser's right to cancel shall be extended to 90 days.
     (c)  If the solicitor required to be registered under this chapter fails to orally advise a purchaser of his true name, telephone number, and complete street address at the time of any solicitation, the purchaser may cancel the sale at any time.
(2)  Sales shall be cancelled by mailing a notice of cancellation to the telephone solicitor's correct street address, postage prepaid.  If the telephone solicitor provided no correct street address, cancellation can be accomplished by sending a notice of cancellation to the division's offices, postage prepaid.
(3) (a)  If a cancellation involves durable goods, as defined by rule, those goods shall be returned to the seller.
     (b)  If expendable goods are involved, the purchaser shall return any unused portion of those goods.
     (c)  A reasonable attempt shall be made to return goods to the solicitor's correct street address within seven days of exercising the right to cancel, providing the solicitor has provided the purchaser with the address.  If the solicitor has failed to give a correct address, no return is required to qualify for a full refund of the purchase price.
     (d)  If the purchaser has used any portion of the services or goods purchased, the solicitor or telephone soliciting business shall receive a reasonable allowance for value given.  This allowance may be deducted from any refund due the purchaser.
     (e)  A solicitor shall be jointly and severally liable with the telephone soliciting business for any refund amount due following the cancellation of a sale made by the solicitor.
(4)  For the purposes of this section, "business day" does not include Sunday or a federal or state holiday.
Amended by Chapter 189, 1994 General Session

13-26-8.   Penalties.
(1) (a)  Any telephone soliciting business or any person associated with a telephone soliciting business, including solicitors, salespersons, agents, representatives of a solicitor, or independent contractor, who violates this chapter as a first offense is
guilty of a class B misdemeanor.
     (b)  In the case of a second offense, the person is guilty of a class A misdemeanor.
     (c)  In the case of three or more offenses, the person is guilty of a third degree felony.
     (d) (i)  In addition to other penalties under this Subsection (1), 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.
          (ii)  For purposes of Subsection (1)(d)(i), each telephone solicitation made in violation of this chapter is a separate violation.
          (iii)  All money received through administrative fines imposed under this section shall be deposited in the Consumer Protection Education and Training Fund created by Section 13-2-8.
(2)  Any telephone soliciting business or any person associated with a telephone soliciting business, including solicitors, salespersons, agents, representatives of a solicitor, or independent contractors, who violates any provision of this chapter shall be subject to a civil penalty in a court of competent jurisdiction not exceeding $2,500 for each unlawful transaction.
Amended by Chapter 124, 2013 General Session

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

 13-26-11.   Prohibited practices.

(1)  It is unlawful for any solicitor:
     (a)  to solicit a prospective purchaser on behalf of a telephone soliciting business that is not registered with the division or exempt    from registration under this chapter;
     (b)  to use a fictitious personal name in connection with a telephone solicitation;
     (c)  to make or cause to be made any untrue material statement, or fail to disclose a material fact necessary to make any statement made not misleading, whether in connection with a telephone solicitation or a filing with the division;
     (d)  to make or authorize the making of any misrepresentation about its compliance with this chapter to any prospective or actual purchaser;
     (e)  to fail to refund within 30 days any amount due a purchaser who exercises the right to cancel under Section 13-26-5; or
     (f)  to fail to orally advise a purchaser of the purchaser's right to cancel under Section 13-26-5 unless the solicitor is exempt under Section 13-26-4.
(2)  It is unlawful for any telephone soliciting business:
     (a)  to cause or permit any solicitor to violate any provision of this chapter; or
     (b)  to use inmates in telephone soliciting operations where inmates have access to personal data about an individual sufficient to physically locate or contact that individual, such as names, addresses, telephone numbers, Social Security numbers, credit card information, or physical descriptions.
Amended by Chapter 124, 2013 General Session

 Administrative Rules

R152.  Commerce, Consumer Protection.
R152-26.  Telephone Fraud Prevention Act.

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, thef, 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.

Utah Criminal Code 

Effective 5/12/2015
76-10-1802.  Misrepresentation of call or text communication identification.
(1) As used in this section:
(a) "Caller or text message identification information" means information provided by a caller identification service or text message service regarding the telephone number or other information regarding the origination of a call or text message made using a telecommunications service or VoIP voice service.
(b) "Caller or text message identification service" means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding, the origination of a call or text message made using a telecommunications service or VoIP voice service, including automatic number identification services.
(c) "Text message":
(i) means a real-time or near real-time message consisting of text, images, sounds, or other information transmitted from or received by a device identified by a telephone number; and
(ii) does not include a real-time, two-way voice or video communication.
(d) "VoIP" means a technology that allows telephone calls to be made over computer networks, including the Internet.
(2) It is unlawful for any person or individual, in connection with any telecommunications service or VoIP voice service, to knowingly cause any caller identification service or text message service to transmit false, misleading, or inaccurate caller or text message identification information:
(a) with the intent to harm the recipient of the call or text message; or
(b) to a public safety answering point when reporting an emergency.
(3) This section does not prevent or restrict any person or individual from blocking the capability of any caller or text message identification service to transmit caller or text message identification information.
(4) The following are exempt from this section:
(a) the lawful investigative, protective, or intelligence activity of a law enforcement agency; and
(b) a court order that specifically authorizes the use of caller or text message identification manipulation.
(5) Each separate call or text message transmitted in violation of this section is:
(a) for a first violation, a class C misdemeanor; and
(b) for a second or subsequent violation, a class B misdemeanor.
(6) Violations may be enforced in a civil action initiated by the recipient of a call, message, or text message made in violation of this section, a criminal action initiated by a prosecuting attorney, or both.
(7) This section does not apply to an Internet service provider or hosting company, a provider of public telecommunications services, or a text message service by reason of the fact that the Internet service provider, hosting company, text message service, or provider of public telecommunications services:
(i) transmits, routes, or provides connections for material without selecting the material;
(ii) stores or delivers the material at the direction of a user; or
(iii) provides a caller or text message identification service.

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