Utah Administrative Code
The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).
NOTE: For a list of rules that have been made effective since April 1, 2016, please see the codification segue page.
NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.
R152. Commerce, Consumer Protection.
Rule R152-1. Utah Division of Consumer Protection Buyer Beware List.
As in effect on April 1, 2016
Table of Contents
- R152-1-1. Buyer Beware List.
- Date of Enactment or Last Substantive Amendment
- Notice of Continuation
- Authorizing, Implemented, or Interpreted Law
(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.
consumer protection, buyer beware list
June 8, 2015
April 15, 2015
13-2-5(1); 13-11-8(2); 13-15-3(1); 13-16-12
For questions regarding the content or application of rules under Title R152, please contact the promulgating agency (Commerce, Consumer Protection). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.