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Resources For Businesses

Welcome!

The Utah Division of Consumer Protection wants to make it easier for you, as businesses, to understand and comply with consumer laws.  That's why we developed this new page for businesses.  Right now we are adding new content to help you navigate the laws and stay up-to-date on any changes that might affect you.

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Frequently Asked Questions for Businesses

It is important to maintain current registrations or permits with the Division of Consumer Protection (Division) to avoid potential fines for doing certain activities such as telemarketing, soliciting for charity, providing credit services, and other industries. The specific question of whether you need to be registered or permitted in a particular situation is fact-specific to each individual business. However, if you or your business do any of the following, you should evaluate whether you need to obtain one or more registrations or permits from the Division:

Sales or advertising, online or otherwise, to Utah residents or by Utah businesses is covered by Utah's consumer protection laws. More specifically, conduct is covered if it occurs at least partly within Utah, occurs outside of Utah but is directed toward Utah, or utilizes "transactional resources" located within the state. For more information, see Utah Code §13-2-6(4) and Utah Code §13-11-6.

The Division asks that businesses respond to complaints forwarded by the Division within 10 business days, or about two weeks, of receipt.  Receiving a complaint from the Division does not necessarily mean that the complaint has merit or that the Division has found a violation of the consumer protection laws.

A typical response will address both the factual and legal issues brought up in the complaint.  If you disagree with any of the facts stated in the complaint, please note this in your response to the Division.  You may also want to review the laws applicable to your transaction and present information for why you do not believe you violated those laws.

The letter forwarding the complaint will also have the name and contact information of the investigator assigned to your case.  In addition to responding to the consumer complaint, you are also welcome to discuss the case with the investigator.

A list of most of the laws the Division enforces can be found on the Division's Statutes page.

A citation may be contested by filing a request for review, in writing, within ten (10) days of receipt of the citation.  A citation which is not contested becomes the final order of the Division and is not subject to further agency review.  To request a review of the citation, mail your written request to:

Daniel R. S. O’Bannon – Director
Utah Division of Consumer Protection
PO Box 146704
Salt Lake City, UT 84114-6704

Because of the rights at issue and the legal nature of issues before the Division, the Division recommends contacting an attorney if you receive a forwarded complaint from the Division or are the subject of Division action. However, unlike in the Utah state court system, you may represent a business as an individual even if you do not have an attorney.

A Division investigator is happy to speak with you about the laws the Division enforces.  The investigator is unable to give you legal advice, and, depending on what you seek, you may need to consult with an attorney.  Also, the Division has designed this section of our website to help businesses navigate Utah consumer protection laws.

Business Opportunities

Businesses selling business opportunities, known in the law as "assisted marketing plans", must follow laws governing these sales. These regulations protect the public from unfounded or exaggerated claims of income-earning potential.  Sellers of business opportunities are required by law to file information with the state and provide disclosures to potential purchasers.

Immigration Consultants

Businesses or individuals acting as immigration consultants must comply with the Immigration Consultants Registration Act. Immigration consultants must register with the Division and obtain a bond. There are also requirements governing the advertising of immigration consultant services, required postings for immigration consultants, and prohibitions on legal advice by immigration consultants.

Postsecondary Education

In general, private institutions providing postsecondary education (education beyond K-12) must obtain a bond and register under the Utah Postsecondary Proprietary School Act before charging tuition. Exemptions exist for public institutions, schools accredited by an accrediting agency recognized by the U.S. Department of Education, schools of bona fide religious organizations, schools only offering instruction at or below 12th grade, and others.

Certain postsecondary schools may seek authorization from the State of Utah to meet federal standards on distance education. These schools can file with the Division under the Utah Postsecondary School State Authorization Act.

Credit Services

Individuals or businesses providing services or instruction to improve credit or reduce debt are subject to the Credit Services Organization Act. Such individuals or businesses must obtain a bond and register with the Division of Consumer Protection prior to providing services.

Auto Repair

Individuals or businesses providing auto repair should be familiar with authorization requirements that must be met prior to completing repairs. The Utah Consumer Sales Practices Act and its rules also provide guidelines for warranties, refunds, and other common issues that an auto repair dealer may encounter.

Internet Sales

Internet sales to Utah consumers are subject to the Utah Consumer Sales Practices Act and its Rules. Care must be taken by internet sellers to provide clear terms of sales and deliver goods in a timely manner to be compliant with Utah law.

Direct and Door-To-Door Sales

Direct salesman and the companies they represent must abide by Utah's mandatory three day cancellation period in direct sales. Contracts accompanying direct sales must conspicuously disclose a consumer's cancellation rights on the first page of their contract. Utah Code 13-11-4(2)(m). For the requirements of the three day rule, see the Utah Consumer Sales Practices Act and its Rules.

Telemarketing

Unless exempt, each telephone soliciting business must register annually with the Division under the "Telephone Fraud Prevention Act" before engaging in telephone solicitations if the telephone soliciting business engages in telephone solicitations that originate in Utah or are received in Utah, or if the telephone soliciting business conducts any business operations in Utah.

Protect Your Business from Fraud

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consumerprotection@utah.gov  |  160 East 300 South   Salt Lake City, Utah 84111  |  Phone: 801-530-6601  |  Toll-Free: 1-800-721-SAFE  |  Fax: 801-530-6001