Utah Administrative Code
Topic - Commerce
Title R152 - Consumer Protection
Rule R152-1 - Division of Consumer Protection Buyer Beware List Rule
Section R152-1-1 - Buyer Beware List
Universal Citation: UT Admin Code R 152-1-1
Current through Bulletin 2024-18, September 15, 2024
(1) Authority and purpose.
(a) This rule is promulgated
pursuant to :
(i) the Division's general
authority as set forth in Utah Code Section
13-2-5; and
(ii) specific authority granted to
the Division in:
(A) Utah Code Section
13-11-8(2);
and
(B) Utah Code Section
13-15-3(1).
(b) The purposes of
this rule are to:
(i) protect consumers from
individuals and businesses who have engaged in and committed deceptive acts or
practices, or have engaged in and committed unconscionable acts or practices;
(ii) supply consumers with
pertinent information about the nature of deceptive acts or practices committed
or engaged in by certain persons against whom the Division has taken action;
and
(iii) encourage the
development of fair consumer sales practices and wise decision making by
consumers.
(2) Placement on the Buyer Beware List.
(a) The following circumstances warrant a
person's being placed on the Buyer Beware List:
(i) failure or refusal to respond to an
administrative subpoena of the Division;
(ii) after notification and opportunity to
respond, failure or refusal to respond to a consumer complaint on file with the
Division establishing a reasonable basis from which the Division may assert
jurisdiction;
(iii) failure to
comply with an order issued by the Division, including a default order; or
(iv) breach of a settlement
agreement, stipulation, assurance of voluntary compliance, or similar
instrument entered into with the Division.
(b) Failure or refusal to respond is
evidenced:
(i) where certified mail, properly
addressed, is returned to the Division as unclaimed or refused ;
(ii) where the person who is responsible to
respond:
(A) allows a compliance deadline, as
set forth in a statute, rule, or in a properly served order, citation, or
notice, to pass without taking action or communicating with the Division; or
(B) indicates to the Division that
the person does not intend to comply; or
(iii) in any circumstances comparable to
those set forth in this subsection (2)(b)(i)-(ii).
(3) Removal from Buyer Beware List.
A person whose name is included in the Buyer Beware List may qualify to have the listing removed by:
(a)
(i)
demonstrating that the person has had no complaints filed against the person
with the Division for a period of 90 consecutive days after being placed on the
list; and
(ii) complying with all
aspects of the order entered against the person by the Division, including full
payment of any administrative fines assessed;
(b) providing a sufficient response to an
outstanding Division subpoena;
(c)
providing a satisfactory response to outstanding Division inquiries; or
(d) entering into a stipulated
settlement with the Division that:
(i)
resolves all allegations raised by the Division in its action; and
(ii) supersedes any previous order issued by
the Division in the action.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
