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2022 Utah Code
Title 13 - Commerce and Trade
Chapter 26 - Telephone Fraud Prevention Act
Section 12 - Consumer complaints are public.
Universal Citation: UT Code § 13-26-12 (2022)
Effective 5/4/2022
13-26-12. Consumer complaints are public.
Amended by Chapter 324, 2022 General Session
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.
- (a) that is nonmeritorious, beginning the day on which:
- (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
- (i) the filer's:
- (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.
- (a) shall redact from the consumer complaint or response any information that would disclose:
- (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
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