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 2024-06, March 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.
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