Utah Department of Administrative Services Division of Administrative Rules

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 August 1, 2015, 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 August 1, 2015

Table of Contents

R152-1-1. Buyer Beware List.

(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

Date of Enactment or Last Substantive Amendment

June 8, 2015

Notice of Continuation

April 15, 2015

Authorizing, Implemented, or Interpreted Law

13-2-5(1); 13-11-8(2); 13-15-3(1); 13-16-12

Additional Information


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.