Commerce

Consumer Protection

Rule R152-11: Utah Consumer Sales Practices Act Rule

Effective Date: 09/22/2026

Admin. Code Reference: R152-11

Rule Type: Current Rule

R152. Commerce, Consumer Protection.

R152-11. Utah Consumer Sales Practices Act Rule.

R152-11-101. Purpose.

The purpose of this rule is to:

(1) prohibit with specificity acts or practices that violate Subsection 13-11-4(1); and

(2) aid the division's administration and enforcement of Title 13, Chapter 11, Utah Consumer Sales Practices Act.

R152-11-102. Authority.

This rule is promulgated in accordance with Subsections 13-2-106(1) and Section 13-11-9.

R152-11-103. Definitions.

(1) "Advertisement" or "advertising" means a written, oral, graphic, or pictorial representation made by a supplier in connection with offering or soliciting a consumer transaction.

(2) "Bait and switch" means advertising a consumer commodity without the bona fide intent to sell the consumer commodity to establish contact with a prospective customer and induce the customer to purchase a different consumer commodity than the subject of the advertisement.

(3) "Business opportunity" means the same as it is defined by Subsection 13-15-102(1).

(4) "Clear(ly) and conspicuous(ly)" means the same as it is defined by 16 CFR 465.1.

(5) "Consumer commodity" means any subject of a consumer transaction.

(6) "Deposit" means money or property provided by a consumer to a supplier:

(a) for a refundable or non-refundable option; or

(b) as pre-payment or partial payment for a consumer transaction.

(7)(a) "Direct solicitation" means a consumer transaction initiated by a supplier by personal contact:

(i) at a consumer's residence or place of employment;

(ii) at a location other than the supplier's established physical place of business; or

(iii) by telephone call or text message to a consumer's personal telephone number.

(b) "Direct solicitation" includes inducing a prospective purchaser to make or keep an appointment that may directly result in a supplier completing a consumer transaction that would not have occurred without the appointment.

(8) "Documented express authorization" means a consumer's agreement with a supplier that is:

(a) signed or otherwise ratified verbally or in writing by the consumer; and

(b) retained by the supplier in physical, digital, recorded, or other electronic format.

(9)(a) "Good" means any license, object, possession, or property that is the subject of a consumer transaction.

(b) "Good" does not include money exchanged in a consumer transaction, unless the money is the subject of the consumer transaction.

(10) "Negative option plan" means the same as it is defined by 16 CFR 425.1(c)(1).

(11) "Refund" means to return or reimburse a consumer's money or other consideration exchanged in a consumer transaction:

(a) in the same form the money or other consideration was initially exchanged; or

(b) in another form agreed to by the consumer:

(i) as part of a negotiated settlement; or

(ii) in accordance with a refund policy that is clearly and conspicuously disclosed at the time of the consumer transaction.

(12) "Salesperson" means a supplier or person employed or contracted by a supplier to solicit, offer, induce, or otherwise encourage a consumer:

(a) to enter a consumer transaction; or

(b) make or keep an appointment that may directly result in a supplier completing a consumer transaction that would not have occurred without the appointment.

(13) "Service" means assistance or labor, including advice, a task, or other activity, performed or provided by a supplier or a supplier's agent for the benefit of a person in connection with a consumer transaction.

(14) "Used" means a consumer commodity that has been previously purchased and put into service, and includes a consumer commodity that is rebuilt, reconditioned, refurbished, or re-manufactured.

R152-11-201. Representations Generally.

(1) It is a deceptive act or practice in connection with a consumer transaction for a supplier to:

(a) make any representation in an advertisement without clearly and conspicuously disclosing any material exclusions, reservations, limitations, modifications, obligations, terms, or conditions that apply to the representation;

(b) misrepresent that a consumer commodity or part of a consumer commodity is new or unused;

(d) offer for sale or sell any consumer commodity that appears new or unused but has been used as a demonstrator or display without disclosing that it has served as a demonstrator or display; or

(e) represent that a consumer commodity is "free" if the representation does not comply with the Federal Trade Commission Guide Concerning Use of the Word "Free" and Similar Representations, 16 CFR 251.1.

(2) It is a deceptive act or practice in connection with a consumer transaction for a supplier to make an objective representation, express or implied, unless the supplier has a reasonable basis to make the representation before making the representation.

(3) A supplier is responsible for retracting and correcting any error in an advertisement the supplier makes or directs to be made.

R152-11-202. Bait Advertising.

(1) It is a deceptive act or practice in connection with a consumer transaction for a supplier to engage in bait and switch advertising.

(2) The following acts or practices create a rebuttable presumption that an advertisement did not constitute a bona fide attempt to sell the advertised consumer commodity:

(a) disparaging the advertised consumer commodity to induce the customer to purchase a different consumer commodity;

(b) advertising a consumer commodity whose appearance or performance discourages its purchase by being below the quality implied or represented in the advertisement;

(c) if an advertisement includes a photograph of a good and a price, instead presenting a good that does not include similar options and accessories as the advertised good at the advertised price;

(d) refusing to show or to sell the advertised consumer commodity;

(e) falsely claiming the advertised consumer commodity is unavailable;

(f) failing to have available a reasonable quantity of the advertised consumer commodity unless limited supply is clearly and conspicuously disclosed in the advertisement; or

(g) using a sales plan or method of compensation for a salesperson that discourages the salesperson from selling the advertised consumer commodity.

(3) It is not a deceptive act or practice in connection with a consumer transaction for a supplier to attempt to switch a consumer to a consumer commodity different from the advertised consumer commodity if the recommendation to switch is:

(a) made in good faith; and

(b) based on the consumer's unique circumstances.

R152-11-203. Deposits.

It is a deceptive act or practice in connection with a consumer transaction for a supplier to accept a deposit unless:

(1) the supplier provides a receipt to the consumer at the time of the transaction that includes:

(a) the transaction date;

(b) an accurate description of the consumer commodity to which the deposit is applied;

(d) any credit applied to the transaction, including the deposit;

(e) if the deposit is a partial payment for the transaction, the time within which the consumer must pay in full; and

(f) whether the deposit is refundable and any restrictions on refundability; and

(2) if the consumer commodity for which the deposit is made is unique, the deposit obligates the supplier to refrain from selling the consumer commodity to another person for a period specified at the time of the transaction.

R152-11-204. Refunds.

(1) It is a deceptive act or practice in connection with a consumer transaction for a supplier to:

(a) represent it will provide a refund, but fail to provide the refund;

(b) fail to provide a refund:

(i) in the time the supplier represents:

(A) at the time of the transaction; or

(B) at a later date agreed to by the consumer; or

(ii) if the supplier does not represent a time within which it will provide a refund, within 30 days; or

(i) the supplier clearly and conspicuously discloses its refund policy to the consumer before completing the transaction; and

(ii) the supplier's refusal to provide a refund is consistent with the refund policy disclosed to the consumer in accordance with Subsection (1)(c)(i).

(2) A supplier may partially refund a consumer transaction if the partial refund is consistent with the refund policy disclosed to the consumer in accordance with Subsection (1)(c)(i).

R152-11-301. Business Opportunities.

It is a deceptive act or practice in connection with a consumer transaction described by Subsection 13-11-3(2)(a)(ii) for a supplier to:

(1) misrepresent the prospects or chances that a proposed or existing business opportunity will be successful, including by:

(a) misrepresenting the amount of profit, net or gross, the business opportunity can be expected to generate; or

(b) misrepresenting the size, choice, potential, or demographic feature of a business opportunity's territory, or misrepresenting the number of present or future business opportunities within the business opportunity's territory;

(2) misrepresent or fail to disclose the known required total investment for a business opportunity;

(3) misrepresent or fail to disclose efforts to sell or establish more business opportunities than is reasonable to expect the market or market area for the business opportunity to sustain;

(4) misrepresent the quantity or quality of consumer commodities to be sold or provided:

(a) to the business opportunity by the supplier; or

(b) by the business opportunity;

(5) misrepresent or fail to disclose the termination, transfer, or renewal provisions applicable to the business opportunity;

(6) misrepresent that a primary marketer of trademark goods or services sponsors or participates, directly or indirectly, in the business opportunity's operation;

(7) assign an exclusive territory encompassing the same area to more than one business;

(8) provide a vending location for which the supplier has not received effective written authorization from the property owner or lessee of the premises; or

(9) provide consumer commodities different from those represented by the supplier.

R152-11-302. Direct Solicitations.

(1) It is a deceptive act or practice in connection with a consumer transaction involving a direct solicitation for a supplier to:

(a) upon initiating the direct solicitation and before communicating with the prospective consumer other than a greeting, solicit a consumer transaction without first providing:

(i) the salesperson's name;

(ii) the business name the supplier uses in connection with the consumer transaction; and

(iii) in general terms, the nature of the consumer commodity the salesperson will present;

(b) falsely represent that:

(i) the consumer or prospective consumer will receive a discount, rebate, or other benefit for allowing the supplier to use the consumer's home or other property, real or personal, to be used as a model;

(ii) the consumer or prospective consumer has been selected to receive a discount or other advantage;

(iii) the consumer or prospective consumer has won a contest or prize;

(iv) the consumer commodity being offered by the supplier is only available through the direct solicitation;

(v) the salesperson has authority to negotiate the final terms of the consumer transaction; or

(vi) the person engaged in the direct solicitation is not engaging in a direct solicitation;

(c) complete a consumer transaction for a purchase price of $25 or more without, at the time of execution or payment, whichever is earlier:

(i) providing the consumer with a complete receipt for the transaction; and

(ii) a copy of any contract related to the consumer transaction in the same language that was principally used in the sales presentation that includes:

(A) the date of the transaction; and

(B) the supplier's name, address, and contact information; or

(d) fail to honor a cancellation request made in accordance with the right described by Subsection 13-11-4(2)(m).

(2) Subsection (1)(c) does not apply to a consumer transaction for which the agreement is executed or the consumer's obligation to pay is created at the supplier's physical place of business.

R152-11-303. Motor Vehicle Sales.

(1) It is a deceptive act or practice in connection with a consumer transaction for a supplier to fail to comply with Section R877-23V-7, Misleading Advertising Pursuant to Utah Code Section 41-3-210.

(2) It is a deceptive act or practice in connection with a consumer transaction for a supplier to do the following with respect to the Federal Trade Commission's Used Motor Vehicle Trade Regulation Rule:

(a) make any representation described by:

(i) 16 CFR 455.1(a)(1) through (3); or

(ii) 16 CFR 455.4;

(b) engage in an act or practice described by 16 CFR 455.1(b); or

(i) 16 CFR 455.2; or

(ii) 16 CFR 455.5.

R152-11-304. Negative Option Plans.

(1) It is a deceptive act or practice in connection with a consumer transaction for a supplier to offer a negative option plan unless the supplier complies with 16 CFR 425.1(a).

(2) It is a deceptive act or practice in connection with a consumer transaction for a supplier, in connection with the use of a negative option plan, to engage in any act described by 16 CFR 425.1(b).

R152-11-305. Repairs, Inspections, and Other Services -- Documented Express Authorization Required.

(1)(a) It is a deceptive act in connection with a consumer transaction involving a repair, inspection, or other similar service for which a supplier charges more than $50 for a supplier to fail to obtain a consumer's documented express authorization before performing or providing the repair, inspection, or other similar service.

(b) A transcript or copy of the documented express authorization shall be provided to the consumer at or before the time the consumer is billed for the transaction.

(2)(a) A supplier shall obtain the documented express authorization described by Subsection (1) after:

(i) clearly explaining to the consumer the anticipated repair, inspection, or other similar service to be performed;

(ii) providing the estimated charge for the repair, inspection, or other similar service to be performed; and

(iii) providing the date by which the supplier reasonably anticipates the repair, inspection, or other similar service will be completed.

(b) A supplier shall obtain the consumer's documented express authorization for any unforeseen but necessary repair, inspection, or other similar service that amounts to 10% or more, excluding tax, of the original estimate.

(3) It is a deceptive act or practice in connection with a consumer transaction involving a repair, inspection, or other similar service to:

(a) charge for a repair, inspection, or other similar service for which the supplier has not obtained documented express authorization;

(b) falsely represent that:

(i) a repair, inspection, or other similar service:

(A) is necessary;

(B) cannot be performed by the supplier at a consumer's residence; or

(ii) a good that is inspected or diagnosed is in dangerous condition, or that its continued use may be harmful;

(c) materially understate or misstate the estimated cost of the repair, inspection, or other similar service to induce the consumer to agree to the consumer transaction;

(d) fail to:

(i) reassemble any part disassembled for inspection unless the consumer is informed, before the supplier accepts the part for inspection, that:

(A) there is a charge for reassembly; or

(B) reassembly is not possible;

(ii) provide the consumer an itemized list of any repair, inspection, or other similar service performed and the reason for the repair, inspection, or other similar service, including:

(A) a list of any part, whether the part is new, used, rebuilt, or after market, and each part's cost;

(B) the number of labor hours charged, apportioned for each repair, inspection, or other similar service, unless:

(I) the labor is performed at a flat-rate price; and

(II) the flat-rate pricing is disclosed to the consumer in writing before the labor is performed;

(iii) provide to the consumer written notice before performing the repair, inspection, or other similar service that a replaced or repaired part may be inspected by the consumer

(iv) allow the consumer to inspect a replaced or repaired part upon request, unless:

(A)(I) the part is to be rebuilt or sold by the supplier; and

(II) the supplier notifies the consumer that the part will be rebuilt or sold on the original estimate;

(B) the part is to be returned to the manufacturer or distributor in accordance with a written warranty agreement;

(D) the consumer waives the part's return in writing after the repair, inspection, or other similar service is complete and a total cost is presented; and

(v) provide the consumer with a written, itemized receipt for any good left with the supplier for repair, inspection, or other similar services, including:

(A) the name and business address of the supplier that will perform the repair, inspection, or other similar service;

(B) the name and signature of the individual who takes the good into the supplier's custody;

(C) if the repair, inspection, or other similar service will be performed by a person other than the supplier, the person's name, address, and phone number; and

(D) a description, including the make and model number, or other feature that reasonably identifies the good subject to repair, inspection, or other similar service.

(4) It is a deceptive act in connection with a consumer transaction involving a service not described by Subsection (1) for a supplier to:

(a) fail to:

(i) obtain the consumer's documented express authorization:

(A) before performing a service for which the supplier charges $50 or more; or

(B) for any change order, cost increase, or other amendment to a contract with the consumer;

(ii) provide the consumer written documentation that contains the terms of any warranty made with respect to the transaction;

(iii) timely perform as represented in accordance with the supplier's contract with the consumer unless the delay is beyond the supplier's control, or the supplier obtains the consumer's documented express authorization for the delay;

(b) materially understate or misstate the estimated cost of the service to be provided to induce the consumer to agree to the consumer transaction;

(i) the consumer's present equipment, material, product, home or any part thereof is dangerous, defective, or requires repair or replacement;

(ii) a consumer will not incur an obligation by signing a document; or

(iii) a consumer will be relieved of an obligation by signing a document; or

(d) refuse to perform an obligation in accordance with a contract to induce the consumer to pay a higher price than originally agreed in the contract.

KEY: advertising, bait and switch, consumer protection, deceptive acts and practices, negative options

Date of Last Change: September 22, 2026

Notice of Continuation: July 17, 2026

Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-11-9