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2022 Utah Code
Title 13 - Commerce and Trade
Chapter 26 - Telephone Fraud Prevention Act
Section 5 - Right of rescission -- Cancellation.
Universal Citation: UT Code § 13-26-5 (2022)
Effective 5/4/2022
13-26-5. Right of rescission -- Cancellation.
Amended by Chapter 324, 2022 General Session
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.
- (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:
- (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
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