There is a newer version
of
this Section
2022 Utah Code
Title 13 - Commerce and Trade
Chapter 26 - Telephone Fraud Prevention Act
Section 11 - Prohibited practices.
Universal Citation: UT Code § 13-26-11 (2022)
Effective 5/4/2022
13-26-11. Prohibited practices.
Amended by Chapter 324, 2022 General Session
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
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
