Utah

1. Unfair Claims Practices Act

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2. Unfair Trade Practices Act

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3. Imitation Crash Parts Regulations 

31A-22-319.   Prohibition on insurer requiring certain parts -- Disclosure.
     (1) Unless the insured is given notice in writing an insurer may not specify the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle. The notice required by Subsection (1) shall identify non-OEM parts as not made for or by the vehicle manufacturer.
     (2) Unless the consumer is given notice in writing prior to installation, a repair facility or installer may not use non-OEM aftermarket parts to repair a vehicle.
     (3) In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:
     (a) the written estimate shall clearly identify each non-OEM aftermarket crash part; and
     (b) a disclosure document containing the following statements in ten point or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the manufacturer or distributor of these parts rather than the manufacturer of your vehicle."
more>> http://www.le.state.ut.us/~code/TITLE31A/htm/31A16031.htm 

31A-22-318.   Identification.
     (1) Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in a motor vehicle in this state shall have the logo or name of the nonoriginal equipment manufacturer affixed or inscribed on the aftermarket crash part.
     (2) The nonoriginal equipment manufacturer's logo or name shall be visible after installation whenever practicable.
more>> http://www.le.state.ut.us/~code/TITLE31A/htm/31A16030.htm 

4. Anti-Steering Regulations 

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5. Timely Notification

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6. Timely Payment

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7. False & Misleading Advertising

13-11a-3.   Deceptive trade practices enumerated -- Records to be kept -- Defenses. (1) Deceptive trade practices occur when, in the course of his business, vocation, or occupation:
     (a) A person passes off goods or services as those of another.
     (b) A person causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services.
     (c) A person causes likelihood of confusion or of misunderstanding as to affiliation, connection, association with, or certification by another.
     (d) A person uses deceptive representations or designations of geographic origin in connection with goods or services.
     (e) A person represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have.
     (f) A person represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or second-hand.
     (g) A person represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.
     (h) A person disparages the goods, services, or business of another by false or misleading representation of fact.
     (i) A person advertises goods or services or the price of goods and services with intent not to sell them as advertised. If specific advertised prices will be in effect for less than one week from the advertisement date, the advertisement must clearly and conspicuously disclose the specific time period during which the prices will be in effect.
     (j) A person advertises goods or services with intent not to supply a reasonable expectable public demand, unless:
     (i) the advertisement clearly and conspicuously discloses a limitation of quantity; or
     (ii) the person issues rainchecks for the advertised goods or services.
     (k) A person makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.
     (l) A person makes a comparison between his own sale or discount price and a competitor's nondiscounted price without clearly and conspicuously disclosing that fact.
     (m) A person, without clearly and conspicuously disclosing the date of the price assessment makes a price comparison with the goods of another based upon a price assessment performed more than seven days prior to the date of the advertisement or uses in an advertisement the results of a price assessment performed more than seven days prior to the date of the advertisement without disclosing, in a print ad, the date of the price assessment, or in a radio or television ad, the time frame of the price assessment.
     (n) A person advertises or uses in a price assessment or comparison a price that is not his own unless this fact is:
     (i) clearly and conspicuously disclosed; and
     (ii) the representation of the price is accurate. With respect to the price of a competitor, the price must be one at which the competitor offered the goods or services for sale in the product area at the time of the price assessment, and must not be an isolated price.
     (o) A person represents as independent an audit, accounting, price assessment, or comparison of prices of goods or services, when such audit, accounting, price assessment, or comparison is not independent. Such audit, accounting, price assessment, or comparison shall be independent if the price assessor randomly selects the goods to be compared, and the time and place of such comparison, and no agreement or understanding exists between the supplier and the price assessor that could cause the results of the assessment to be fraudulent or deceptive. The independence of such audit, accounting, or price comparison is not invalidated merely because the advertiser pays a fee therefor, but is invalidated if the audit, accounting, or price comparison is done by a full or part time employee of the advertiser.
     (p) A person represents, in an advertisement of a reduction from the supplier's own prices, that the reduction is from a regular price, when the former price is not a regular price as defined in Subsection 13-11a-2 (12).
     (q) A person advertises a price comparison or the result of a price assessment or comparison that uses, in any way, an identified competitor's price without clearly and conspicuously disclosing the identity of the price assessor and any relationship between the price assessor and the supplier. Examples of disclosure complying with this section are: "Price assessment performed by Store Z"; "Price assessment performed by a certified public accounting firm"; "Price assessment performed by employee of Store Y."
     (r) A person makes a price comparison between a category of the supplier's goods and the same category of the goods of another, without randomly selecting the individual goods or services upon whose prices the comparison is based. For the purposes of this subsection, goods or services are randomly selected when the supplier has no advance knowledge of what goods and services will be surveyed by the price assessor, and when the supplier certifies its lack of advance knowledge by an affidavit to be retained in the supplier's records for one year.
     (s) A person makes a comparison between similar but nonidentical goods or services unless the nonidentical goods or services are of essentially similar quality to the advertised goods or services or the dissimilar aspects are clearly and conspicuously disclosed in the advertisements. It is prima facie evidence of compliance with this subsection if:
     (i) the goods compared are substantially the same size; and
     (ii) the goods compared are of substantially the same quality, which may include similar models of competing brands of goods, or goods made of substantially the same materials and made with substantially the same workmanship. It is prima facie evidence of a deceptive comparison under this section when the prices of brand name goods and generic goods are compared.
     (t) A person engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.
     (2) Any supplier who makes a comparison with a competitor's price in advertising shall maintain for a period of one year records that disclose the factual basis for such price comparisons and from which the validity of such claim can be established.
     (3) It shall be a defense to any claim of false or deceptive price representations under this chapter that a person:
     (a) has no knowledge that the represented price is not genuine; and
     (b) has made reasonable efforts to determine whether the represented price is genuine.
     (4) Subsections (1) (m) and (q) do not apply to price comparisons made in catalogs in which a supplier compares the price of a single item of its goods or services with those of another.
     (5) In order to prevail in an action under this chapter, a complainant need not prove competition between the parties or actual confusion or misunderstanding.

more>> http://www.le.state.ut.us/~code/TITLE13/htm/13_0C004.htm 

8. False Use of Insurer’s Name

31A-6a-105.   Prohibited acts. (1) Except as provided in Subsection 31A-6a-104(2), a service contract provider may not use in its name, contracts, or literature:
     (a) any of the words insurance, casualty, surety, mutual, or any other words descriptive of the insurance, casualty, or surety business; or
     (b) a name deceptively similar to the name or description of any insurance or surety corporation, or any other service contract provider.
     (2) A service contract provider or his representative may not make, permit, or cause to be made any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted, in connection with the sale, offer to sell, or advertisement of a service contract.
     (3) A bank, savings and loan association, insurance company, or other lending institution may not require the purchase of a service contract as a condition of a loan.

more>> http://www.le.state.ut.us/~code/TITLE31A/htm/31A06006.htm 

9. Total Losses

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10. Consumer Sales Practices Acts

13-11-4.   Deceptive act or practice by supplier.
     (1) A deceptive act or practice by a supplier in connection with a consumer transaction violates this chapter whether it occurs before, during, or after the transaction.
     (2) Without limiting the scope of Subsection (1), a supplier commits a deceptive act or practice if the supplier knowingly or intentionally:
     (a) indicates that the subject of a consumer transaction has sponsorship, approval, performance characteristics, accessories, uses, or benefits, if it has not;
     (b) indicates that the subject of a consumer transaction is of a particular standard, quality, grade, style, or model, if it is not;
     (c) indicates that the subject of a consumer transaction is new, or unused, if it is not, or has been used to an extent that is materially different from the fact;
     (d) indicates that the subject of a consumer transaction is available to the consumer for a reason that does not exist;
     (e) indicates that the subject of a consumer transaction has been supplied in accordance with a previous representation, if it has not;
     (f) indicates that the subject of a consumer transaction will be supplied in greater quantity than the supplier intends;
     (g) indicates that replacement or repair is needed, if it is not;
     (h) indicates that a specific price advantage exists, if it does not;
     (i) indicates that the supplier has a sponsorship, approval, or affiliation the supplier does not have;
     (j) indicates that a consumer transaction involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms, or other rights, remedies, or obligations, if the representation is false;
     (k) indicates that the consumer will receive a rebate, discount, or other benefit as an inducement for entering into a consumer transaction in return for giving the supplier the names of prospective consumers or otherwise helping the supplier to enter into other consumer transactions, if receipt of the benefit is contingent on an event occurring after the consumer enters into the transaction;
     (l) after receipt of payment for goods or services, fails to ship the goods or furnish the services within the time advertised or otherwise represented or, if no specific time is advertised or represented, fails to ship the goods or furnish the services within 30 days, unless within the applicable time period the supplier provides the buyer with the option to either cancel the sales agreement and receive a refund of all previous payments to the supplier or to extend the shipping date to a specific date proposed by the supplier, but any refund shall be mailed or delivered to the buyer within ten business days after the seller receives written notification from the buyer of the buyer's right to cancel the sales agreement and receive the refund;
     (m) fails to furnish a notice of the purchaser's right to cancel a direct solicitation sale within three business days of the time of purchase if the sale is made other than at the supplier's established place of business pursuant to the supplier's personal contact, whether through mail, electronic mail, facsimile transmission, telephone, or any other form of direct solicitation and if the sale price exceeds $25, unless the supplier's cancellation policy is communicated to the buyer and the policy offers greater rights to the buyer than this Subsection (2)(m), which notice shall be a conspicuous statement written in dark bold at least 12 point type, on the first page of the purchase documentation, and shall read as follows: "YOU, THE BUYER, MAY CANCEL THIS

CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY (or time period reflecting the supplier's cancellation policy but not less than three business days) AFTER THE DATE OF THE TRANSACTION OR RECEIPT OF THE PRODUCT, WHICHEVER IS LATER.";
     (n) promotes, offers, or grants participation in a pyramid scheme as defined under Title 76, Chapter 6a, Pyramid Scheme Act;
     (o) represents that the funds or property conveyed in response to a charitable solicitation will be donated or used for a particular purpose or will be donated to or used by a particular organization, if the representation is false;
     (p) if a consumer indicates his intention of making a claim for a motor vehicle repair against his motor vehicle insurance policy:
     (i) commences the repair without first giving the consumer oral and written notice of:
     (A) the total estimated cost of the repair; and
     (B) the total dollar amount the consumer is responsible to pay for the repair, which dollar amount may not exceed the applicable deductible or other copay arrangement in the consumer's insurance policy; or
     (ii) requests or collects from a consumer an amount that exceeds the dollar amount a consumer was initially told he was responsible to pay as an insurance deductible or other copay arrangement for a motor vehicle repair under Subsection (2)(p)(i), even if that amount is less than the full amount the motor vehicle insurance policy requires the insured to pay as a deductible or other copay arrangement, unless:
     (A) the consumer's insurance company denies that coverage exists for the repair, in which case, the full amount of the repair may be charged and collected from the consumer; or
     (B) the consumer misstates, before the repair is commenced, the amount of money the insurance policy requires the consumer to pay as a deductible or other copay arrangement, in which case, the supplier may charge and collect from the consumer an amount that does not exceed the amount the insurance policy requires the consumer to pay as a deductible or other copay arrangement;
     (q) includes in any contract, receipt, or other written documentation of a consumer transaction, or any addendum to any contract, receipt, or other written documentation of a consumer transaction, any confession of judgment or any waiver of any of the rights to which a consumer is entitled under this chapter; or
     (r) charges a consumer for a consumer transaction that has not previously been agreed to by the consumer.
more>> http://www.le.state.ut.us/~code/TITLE13/htm/13_0B005.htm 

31A-4-101.   Solicitation permit. (1) No person may advertise for or solicit or receive any funds, subscriptions for securities, or membership fees, dues, or contributions in Utah or from any person present in Utah for the purpose of forming or financing the formation or enlargement of an insurer, holding company to form or acquire one or more insurers, or any corporation or unincorporated association to do or facilitate the doing of an insurance business in Utah or elsewhere, unless the person has obtained the appropriate organization or solicitation permit under Chapter 5, 6, 7, 8, or 9, and filed any required statement under Chapter 16.
     (2) Any person obtaining the appropriate organization or solicitation permit under this code is exempt from compliance with Title 61.

more>> http://www.le.state.ut.us/~code/TITLE31A/htm/31A04002.htm 

11. Consumer Auto Repair Practices Acts

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12. Telemarketing laws

13-26-11.   Prohibited practices.
     (1) It is unlawful for any solicitor:
     (a) to solicit prospective purchasers on behalf of a telephone soliciting business that is not registered with the division or exempt from registration under this chapter;
     (b) to use a fictitious personal name in connection with a telephone solicitation;
     (c) to make or cause to be made any untrue material statement, or fail to disclose a material fact necessary to make any statement made not misleading, whether in connection with a telephone solicitation or a filing with the division;
     (d) to make or authorize the making of any misrepresentation about its compliance with this chapter to any prospective or actual purchaser; or
     (e) to fail to refund within 30 days any amount due a purchaser who exercises the right to cancel under Section 13-26-5.
     (2) It is unlawful for any telephone soliciting business:
     (a) to cause or permit any solicitor to violate any provision of this chapter; or
     (b) to use inmates in telephone soliciting operations where inmates have access to personal data about an individual sufficient to physically locate or contact that individual, such as names, addresses, telephone numbers, Social Security numbers, credit card information, or physical descriptions.

more>> http://www.le.state.ut.us/~code/TITLE13/htm/13_1A009.htm 
13-25a-103.   Prohibited conduct for telephone solicitations -- Exceptions.
     (1) Except as provided in Subsection (2), a person may not operate or authorize the operation of an automated telephone dialing system to make a telephone solicitation.
     (2) A person may operate an automated telephone dialing system if a call is made:
     (a) with the prior express consent of the person who is called agreeing to receive a telephone solicitation from a specific solicitor; or
     (b) to a person with whom the solicitor has an established business relationship.
     (3) A person may not make a telephone solicitation to a residential telephone before 8:00 a.m. or after 9:00 p.m. local time unless prior express consent is given to call at a different time.
     (4) A person may not make or authorize a telephone solicitation in violation of Title 47 U.S.C. 227.
     (5) Any telephone solicitor who makes an unsolicited telephone call to a telephone number shall:
     (a) identify themselves;
     (b) identify the business on whose behalf the person is soliciting;
     (c) identify the purpose of the call promptly upon making contact by telephone with the person who is the object of the telephone solicitation;
     (d) discontinue the solicitation if the person being solicited gives a negative response at any time during the telephone call; and
     (e) hang up the phone, or in the case of an automated telephone dialing system operator, disconnect the automated telephone dialing system from the telephone line within 25 seconds of the termination of the call by the person being called.
     (6) A telephone solicitor may not withhold the display of the telephone solicitor's telephone number from a caller identification service when that number is being used for telemarketing purposes and when the telephone solicitor's service or equipment is capable of allowing the display of the number.
more>> http://www.le.state.ut.us/~code/TITLE13/htm/13_19004.htm 

13. Home Sales Act

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14. Licensing Adjusters

31A-26-203.   Adjuster's license required.
     (1) The commissioner shall issue a license to act as an independent adjuster or public adjuster to any person who, as to the license classification applied for under Section 31A-26-204, has:
     (a) satisfied the character requirements under Section 31A-26-205;
     (b) satisfied the applicable continuing education requirements under Section 31A-26-206;
     (c) satisfied the applicable examination requirements under Section 31A-26-207;
     (d) if a nonresident, complied with Section 31A-26-208; and
     (e) paid the applicable fees under Section 31A-3-103.
     (2) (a) This Subsection (2) applies to the following persons:
     (i) an applicant for:
     (A) an independent adjuster's license; or
     (B) a public adjuster's license;
     (ii) a licensed independent adjuster; or
     (iii) a licensed public adjuster.
     (b) A person described in Subsection (2)(a) shall report to the commissioner:
     (i) any administrative action taken against the person:
     (A) in another jurisdiction; or
     (B) by another regulatory agency in this state; and
     (ii) any criminal prosecution taken against the person in any jurisdiction.
     (c) The report required by Subsection (2)(b) shall:
     (i) be filed:
     (A) at the time the person applies for a third party administrator's license; or
     (B) within 30 days of the initiation of an action or prosecution described in Subsection (2)(b); and
     (ii) include a copy of the complaint or other relevant legal documents related to the action or prosecution described in Subsection (2)(b).
     (3) (a) The department may request concerning a person applying for an independent or public adjuster's license:
     (i) criminal background information maintained pursuant to Title 53, Chapter 10, Part 2, from the Bureau of Criminal Identification; and
     (ii) complete Federal Bureau of Investigation criminal background checks through the national criminal history system.
     (b) Information obtained by the department from the review of criminal history records received under Subsection (3)(a) shall be used by the department for the purposes of:
     (i) determining if a person satisfies the character requirements under Section 31A-26-205 for issuance or renewal of a license;
     (ii) determining if a person has failed to maintain the character requirements under Section 31A-25-204; and
     (iii) preventing persons who violate the federal Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Secs. 1033 and 1034, from engaging in the business of insurance in the state.
     (c) If the department requests the criminal background information, the department shall:
     (i) pay to the Department of Public Safety the costs incurred by the Department of Public

Safety in providing the department criminal background information under Subsection (3)(a)(i);
     (ii) pay to the Federal Bureau of Investigation the costs incurred by the Federal Bureau of Investigation in providing the department criminal background information under Subsection (3)(a)(ii); and
     (iii) charge the person applying for a license or for renewal of a license a fee equal to the aggregate of Subsections (3)(c)(i) and (ii).
more>> http://www.le.state.ut.us/~code/TITLE31A/htm/31A19007.htm or 

http://www.le.state.ut.us/~code/TITLE31A/31A19.htm (table of contents)

15. Diminished Value

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