The Utah Consumer Sales Practices Act: Deceptive Practices and Your Remedies

General information, not legal advice. Read the full disclaimer.

Short answer: The Utah Consumer Sales Practices Act (Utah Code Title 13, Chapter 11) makes it a violation for a supplier to engage in a deceptive act or practice in a consumer transaction before, during or after the sale (§ 13-11-4). The statute lists many specific practices, including falsely claiming a price advantage, a "going out of business" or "liquidation" sale, that repairs or replacement are needed, or that a warranty exists or doesn't; failing to deliver goods or services within the advertised time (or 30 days) without offering a refund option; charging for things you didn't agree to; sending an unsolicited bill for a product you didn't order; and failing to give the required three-business-day cancellation notice on certain direct-solicitation sales over $25. A consumer who suffers a loss can sue to recover actual damages plus court costs (and may seek a declaratory judgment or an injunction), and a court may award attorney fees to a prevailing party in specified circumstances (§ 13-11-19). The Division of Consumer Protection can also bring actions, issue cease-and-desist orders, and fine up to $2,500 per violation (§ 13-11-17).

Who this guide is for

Utah consumers who think a business misled them, charged them for something they didn't agree to, ignored a cancellation right, or wouldn't honor a warranty. General information, not legal advice; the statute is long and applies to "consumer transactions," so check whether yours qualifies.

Practices the statute lists as deceptive (selected, § 13-11-4(2))

• Saying something has approval, quality, features or benefits that it doesn't, or is new or unused when it isn't.
• False reasons for a sale ("going out of business," "bankruptcy sale," "liquidation sale," "fire sale," and similar).
• Saying repair or replacement is needed when it isn't.
• False price advantage.
• False statements about warranties or failing to honor a warranty or a particular warranty term.
• Taking payment and not delivering within the advertised time (or within 30 days if no time was stated), unless the supplier gives you the option to cancel and get a refund within 10 business days of your written notice, or to extend to a specific date.
• Direct solicitation sales (door-to-door, mail, phone, email and similar) over $25 without the required three-business-day cancellation notice.
• Motor vehicle repair for an insurance claim without first giving oral and written notice of the total estimated cost and what you must pay, or charging more than the amount you were told.
• Putting a confession of judgment or a waiver of your rights under the Act into the contract.
• Charging for something you didn't agree to.
• Unsolicited mailings that look like bills for products you didn't order.
• Gift certificates without a printed expiration date or fee information: one with no printed expiration date does not expire, and fees not printed can't be deducted (§ 13-11-4(2)(v), (4)).
• Violating the automatic-renewal restrictions of Section 15-10-201. See Automatic Renewal and Subscription Contracts in Utah.
• Pyramid schemes, certain charitable solicitation lies, unsolicited checks that obligate you to purchase, and other listed practices.

The three-business-day cancellation notice

For direct-solicitation sales over $25 made away from the seller's place of business, the supplier must give a conspicuous notice in at least 12-point bold type on the first page: you may cancel before midnight of the third business day after the transaction or receipt of the product (or a longer period if the supplier's policy is more generous) (§ 13-11-4(2)(m), (3)). A supplier whose cancellation policy offers greater rights is exempt from the notice rule. If you're sold something by a door-to-door salesperson without that notice, tell the Division of Consumer Protection.

What you can recover

• Actual damages (your provable loss) plus court costs for a consumer who suffers loss as a result of a violation (§ 13-11-19(2)).
• Declaratory judgment and injunction even if you have no damages (§ 13-11-19(1)).
• Attorney fees to the prevailing party in the situations the statute describes (the consumer's claim was groundless, or the supplier committed a violation and the case ends in judgment or required settlement) (§ 13-11-19(5)).
• Class actions are limited by the statute (§ 13-11-19(3)–(4)).
• A bona fide error can limit recovery.

How to use it

1. Write down what happened and collect ads, contracts, receipts, texts and photos.
2. Send a short written demand describing the problem, the law (cite § 13-11-4), what you want, and a deadline.
3. File a complaint with the Utah Division of Consumer Protection (801-530-6601; P.O. Box 146704, Salt Lake City, UT 84114-6704).
4. Consider small claims for losses within the limit. See Small Claims in Utah: Consumer Disputes and How to File a Small Claims Case in Utah.
5. For defective cars: Utah Lemon Law.
6. For debt collectors: Fair Debt Collection Practices Act Rights.

Frequently asked questions

Is there a 3-day right to cancel for all purchases in Utah?

No. The Utah notice requirement applies to direct-solicitation sales over $25 made away from the seller's place of business.

What can I recover if a business deceives me?

Actual damages plus court costs, possible attorney fees in the situations the statute describes, and injunctive relief.

Who enforces the Act?

The Division of Consumer Protection and, privately, consumers.

Can a contract waive my rights under the Act?

A supplier that includes a confession of judgment or a waiver of your rights under the Act in a consumer transaction commits a deceptive practice.