Utah Code » Title 13, Chapter 11 — Utah Consumer Sales Practices Act

Utah Code § 13-11-3

Definitions

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As used in this chapter:

"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:
any oral or written request, including a telephone request;
the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
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.
"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:
primarily personal, family, or household purposes; or
purposes that relate to a business opportunity that requires:
expenditure of money or property by the person described in Subsection (2)(a); and
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.
"Consumer transaction" includes:
any of the following with respect to a transfer or disposition described in Subsection (2)(a):
an offer;
a solicitation;
an agreement; or
performance of an agreement; or
a charitable solicitation.
"Division" means the Division of Consumer Protection.
"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.
"Supplier" means a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not the person deals directly with the consumer.
"Vulnerable adult" means the same as that term is defined in Section 26B-6-201.
Notes of Decisions
Cited in 22 cases (12 in the last 5 years), 1988–2024 · leading case: Wade v. Jobe
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Wade v. Jobe (1991) utah · cites it 10× “" Utah Code Ann. § 13-11-3 (2) (emphasis added).”
Fell v. Alco Capital Group (2023) utahctapp · cites it 5× “Utah 2019); Utah Code Ann. § 13-11-3 (2), (6) (LexisNexis 2013).”
Carlie v. Morgan (1996) utah · cites it 4× “" Utah Code Ann. § 13-11-3 (2). In a comment to the definition of a consumer transaction in the Uniform Act, the drafters stated, "On the assumption that land transactions frequently are, and should be, regulated by specialized legislation, they are excluded altogether.”
Shiyang Huang v. Equifax Inc. (2021) ca11 “Utah Code §§ 13-11-3(2), -4(2). Given that Equifax might not have been in privity with Plaintiffs and that this case arose out of a breach by a third party, these requirements may well have been difficult to show.”
Iadanza v. Mather (1993) utd · cites it 9× “Utah Code Ann. § 13-11-3 (2) (1992). Based on this section, the court frames the issue before it as whether the phrase “property, both tangible and intangible” includes the sale of residential real estate such as Lot 29.”
Roberts v. C.R. England, Inc. (2017) utd · cites it 2× “In full, § 13-11-3(2)(a) provides: (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…”
Woodhaven Apartments v. Washington (1997) utah · cites it 4× “Utah Code Ann. § 13-11-3 (2) (emphasis added).”
State of Utah by Wilkinson v. B & H Auto (1988) utd · cites it 6× “Utah Code Ann. § 13-11-3 (6) (emphasis added).”
State v. Ison (2006) utah · cites it 2× “Utah Code section 13-11-3(6) (2001) defines a supplier as "a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions whether or not he deals directly with the consumer.”
Meneses v. Salander Enterprises (2023) utahctapp · cites it 2× “” Moreover, the Meneses Parties argue that the Division of Consumer Protection—which is identified as the “[e]nforcing authority” for the UCSPA, see Utah Code §§ 13-11-3(3), -17(4)(a)— has determined that “[i]t shall be a deceptive act or practice in connection with a consumer…”
State v. Ison (2004) utahctapp · cites it 2× “Utah Code Annotated section 13-11-3(6) (2001) defines a supplier as "a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not he deals directly with the consumer.”
Heath v. Consumer Protection (2023) utahctapp · cites it 6× “” Utah Code § 13-11-3(6). 20210362-CA 15 2023 UT App 45 Heath v.”
Show all 22 citing cases →
— Utah Code § 13-11-3(2) — 5 cases
Shiyang Huang v. Equifax Inc. (2021) ca11 “Utah Code §§ 13-11-3(2), -4(2). Given that Equifax might not have been in privity with Plaintiffs and that this case arose out of a breach by a third party, these requirements may well have been difficult to show.”
Wade v. Jobe (1991) utah “" Utah Code Ann. § 13-11-3 (2) (emphasis added).”
Iadanza v. Mather (1993) utd “Utah Code Ann. § 13-11-3 (2) (1992). Based on this section, the court frames the issue before it as whether the phrase “property, both tangible and intangible” includes the sale of residential real estate such as Lot 29.”
Cotte v. CVI SGP Acqusition Trust (2023) utd
Cotte v. CVI SGP Acqusition Trust (2023) utd
— Utah Code § 13-11-3(2)(a) — 2 cases
Roberts v. C.R. England, Inc. (2017) utd “In full, § 13-11-3(2)(a) provides: (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…”
Miami Products & Chemical Co. v. Olin Corporation (2021) nywd
— Utah Code § 13-11-3(3) — 1 case
Meneses v. Salander Enterprises (2023) utahctapp “” Moreover, the Meneses Parties argue that the Division of Consumer Protection—which is identified as the “[e]nforcing authority” for the UCSPA, see Utah Code §§ 13-11-3(3), -17(4)(a)— has determined that “[i]t shall be a deceptive act or practice in connection with a consumer…”
— Utah Code § 13-11-3(6) — 7 cases
State v. Ison (2006) utah “Utah Code section 13-11-3(6) (2001) defines a supplier as "a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions whether or not he deals directly with the consumer.”
Roberts v. C.R. England, Inc. (2017) utd “In full, § 13-11-3(2)(a) provides: (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…”
Fell v. Alco Capital Group (2023) utahctapp “Utah 2019); Utah Code Ann. § 13-11-3 (2), (6) (LexisNexis 2013).”
State of Utah by Wilkinson v. B & H Auto (1988) utd “Utah Code Ann. § 13-11-3 (6) (emphasis added).”
State v. Ison (2004) utahctapp “Utah Code Annotated section 13-11-3(6) (2001) defines a supplier as "a seller, lessor, assignor, offeror, broker, or other person who regularly solicits, engages in, or enforces consumer transactions, whether or not he deals directly with the consumer.”
— Utah Code § 13-11-3(b) — 1 case
State of Utah by Wilkinson v. B & H Auto (1988) utd “Utah Code Ann. § 13-11-3 (6) (emphasis added).”
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