Utah Administrative Code
Topic - Commerce
Title R152 - Consumer Protection
Rule R152-26 - Telephone Fraud Prevention Act
Section R152-26-4 - Application for Registration
Universal Citation: UT Admin Code R 152-26-4
Current through Bulletin 2024-18, September 15, 2024
(1) An application for registration as a seller shall be submitted on the form and in the manner approved by the division;
(2) The application shall include:
(a) the applicant's:
(i) name, and any alternate name including
dba or trade name, that the applicant uses as a seller;
(ii) street address;
(iii) mailing address;
(iv) telephone number, and if applicable
facsimile number;
(v) email
address;
(b) the name
and contact information of a person the division can contact regarding the
application;
(c) the name and
contact information of the applicant's registered agent, and proof of the
registered agent's residency in Utah;
(d) a description of the applicant's business
entity type and documentation showing the entity's legal status;
(e) each participant's fingerprints, in the
form approved by the division, and the participant's consent to a criminal
background check in accordance with Subsection
13-26-3(4)(c);
(f) a copy of each script used by the
applicant or the applicant's solicitor in connection with a telephone
solicitation;
(g) a description of
each good or service that the applicant will offer in a telephone
solicitation;
(h) disclosure of:
(i) each participant's name, date of birth,
and title;
(ii) any criminal
conviction entered against an applicant's participant within the 10 years
preceding the application's filing;
(iii) any of the following:
(A) a conviction of a felony or misdemeanor
or plea of no contest to a felony or misdemeanor charge, if the felony or
misdemeanor involved fraud, embezzlement, fraudulent conversion, or
misappropriation of property; or
(B) a finding of liability or consent to the
entry of a stipulated judgment in an administrative or civil action based upon
fraud, embezzlement, fraudulent conversion, misappropriation of property, the
use of untrue or misleading representations, or the use of any unfair,
unlawful, or deceptive business practice; or
(C) an injunction or restrictive order
relating to business activity as the result of a government agency action;
(iv) any business
operated by the applicant or the applicant's owner, officer, director, or
principal within the last 10 years;
(v) any other business license, permit, or
registration held by the applicant;
(vi) any telemarketing license, permit, or
registration the applicant or participant obtained or attempted to obtain that
has been denied, revoked, or suspended in Utah or another state;
(vii) each address where a telephone
solicitation will be made or received by the applicant or its
solicitor;
(viii) any company that
provides telecommunication services to the applicant, including telephone and
text messaging service;
(ix) any
website the applicant or its solicitor uses in connection with a telephone
solicitation;
(x) the account
number of any merchant account used by the seller in connection with a
telephone solicitation;
(i) in accordance with Subsections
13-26-3(3)(a), (b), and (e), completed surety documentation in the
form approved by the division; and
(j) the required filing fee.
(3) A bond, irrevocable letter of credit, or certificate of deposit tendered to the division to fulfill the requirements of Subsection 13-26-3(3)(a) may take any form that the director deems commercially and legally reasonable and consistent with Section 13-26-3 and this rule.
(4) In accordance with Subsection 13-26-3(7), the director may deny an application for registration if the applicant fails to comply with Rule R152-26-5.
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.
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