Commerce, Consumer Protection

Section R152-11-1

Purposes, Rules of Construction

Notice of Proposed Rule

(Amendment)

DAR File No.: 33238
Filed: 12/02/2009 02:49:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to include a definition of "express authorization" for clarification of Section R152-11-5.

Summary of the rule or change:

A definition of "express authorization" is set forth and subsequent definitions are renumbered.

State statutory or constitutional authorization for this rule:

• Title 13, Chapter 11
• Section 63G-4-3
• Section 13-2-5

Anticipated cost or savings to:

the state budget:

The state budget will not be affected by defining the term "express authorization".

local governments:

Local government does not administer this agency's rules, thus, local governments' budgets will not be affected.

small businesses:

It is difficult to ascertain the cost impact to suppliers who must take more care in documenting a consumer's express authorization for services.

persons other than small businesses, businesses, or local governmental entities:

It is difficult to ascertain the cost impact to suppliers who must take more care in documenting a consumer's express authorization for services.

Compliance costs for affected persons:

It is difficult to ascertain the cost impact to suppliers who must take more care in documenting a consumer's express authorization for services.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing clarifies definitions and sets forth specific acts or practices that violate the deceptive act or practices statute. As indicated in the rule summary, it is difficult to ascertain the cost impact to suppliers who must take more care in documenting a consumer's express authorization for services and take other steps to comply with the rules against deceptive practices.

Francine Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Consumer Protection
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Angela Hendricks at the above address, by phone at 801-530-6035, by FAX at 801-538-6001, or by Internet E-mail at ahendricks@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Kevin Olsen, Director

R152. Commerce, Consumer Protection.

R152-11. Utah Consumer Sales Practices Act.

R152-11-1. Purposes, Rules of Construction.

A. These substantive rules are adopted by the Director of the Division of Consumer Protection pursuant to Section 8 of Chapter 188 of the Laws of Utah, 1973 (Utah Consumer Sales Practices Act, Utah Code Annotated Section 13-11-1 et seq., as amended). Without limiting the scope of any section of the Utah Consumer Sales Practices Act or any other rule, these rules are intended to promote their purposes and policies. The purpose and policies of these rules are to:

(1) define with reasonable specificity acts and practices which violate Section 4 of the Utah Consumer Sales Practices Act.

(2) protect consumers from suppliers who engage in referral sellings, commit deceptive acts or practices, or commit unconscionable acts or practices.

(3) encourage the development of fair consumer sales practices.

(4) supplement and compliment any other rules promulgated by the State of Utah or any agency or subdivision thereof or any other governmental entity.

B. Definitions.

(1) "Advertisement" means any written, visual, or oral communication made to a consumer by means of newspaper, magazine, circular, billboard, direct mailing, sign, radio, television or otherwise, which identifies or represents the terms of any item of goods, service, franchise, distributorship or intangible which may be transferred in a consumer transaction.

(2) "Consumer Commodity" means any subject of a consumer transaction.

(3) "Express Authorization" means the agreement of the consumer expressed in a form that is evidenced by a written agreement signed by the consumer or by any electronically transferred authorization from the consumer that is stored, recorded, or retained by the supplier, such as a facsimile transmission, e-mail, telephonic, or other electronic means.

[(3)](4) "Fixture" or "Fixtures" means goods or products that are not readily removable from a permanent structure or land itself such as shingling, siding and or windows or other like improvements and which, when they thus become so related to particular real estate that an interest in them arises under real estate law.

[(4)](5) "Goods" mean all things which are movable at time of identification to the contract for sale other than the money in which the price is to be paid and things in action.

[(5)](6) "Service" means performance of labor or any act for the benefit of another.

[(6)](7) "Offer" means any attempt to effect, an offer to enter into a consumer transaction.

[(7)](8) "Product" means any goods, services, consumer commodity, or other property, both tangible and intangible (except securities and insurance) which is the subject or object of a consumer transaction.[

(8) "Service" means performance of labor or any act for the benefit of another.]

(9) All other terms used in these regulations shall carry the same meaning and definition as in the Utah Consumer Sales Practices Act unless otherwise specified, consistent with that Act.

 

KEY: advertising, bait and switch, consumer protection, negative options

Date of Enactment or Last Substantive Amendment: [December 22, 2006]2010

Notice of Continuation: February 1, 2007

Authorizing, and Implemented or Interpreted Law: 63G-3-201; 13-2-5; 13-11