{"id":376787,"date":"2016-04-11T01:24:12","date_gmt":"2016-04-11T06:24:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/utah-law\/utah-telemarketing-fraud-laws.html"},"modified":"2016-06-20T19:51:20","modified_gmt":"2016-06-21T00:51:20","slug":"utah-telemarketing-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/utah-law\/utah-telemarketing-fraud-laws.html","title":{"rendered":"Utah Telemarketing Fraud Laws"},"content":{"rendered":"\n
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Utah Telemarketing Fraud Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When misrepresentations are made over the phone with the intent to make money, or for personal gain, telemarketing fraud<\/a> has occurred. These phone calls are usually unsolicited and the misrepresentation is made in order to convince the victim to provide their credit card or identifying information. Both federal and state laws criminalize telemarketing fraud. This article focuses on Utah’s telemarketing fraud laws.<\/p>\n

Prohibited Conduct for Telemarketers in Utah<\/h2>\n

In order to deter telemarketing fraud, Utah has passed laws that regulate what solicitors are required to do and what they are prohibited from doing. The chart below outlines Utah’s law on prohibited conduct for telephone solicitations.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

Utah Code section 13-25a-103<\/a>: Prohibited Conduct for Telephone Solicitations<\/b><\/td>\n<\/tr>

Definitions<\/b><\/p>\n<\/td>\n

Telephone solicitation<\/u>: Initiating a phone call for a commercial purpose or to seek a financial donation.<\/p>\n

Telephone solicitor<\/u>: Any person, firm, organization, partnership, association, or corporation who makes unsolicited telephone calls.<\/p>\n<\/td>\n<\/tr>

What’s Required\/ Prohibited?<\/b><\/p>\n<\/td>\n

1. Telephone solicitors calling with an automated dialing system may only call:<\/p>\n

Penalties<\/b><\/p>\n<\/td>\n

Solicitors who violate this law are subject to a fine of between $100 and $2,500 for each violation.<\/p>\n

Any solicitor who intentionally<\/i> violates this law commits a Class A misdemeanor, and may be fined up to $2,5000.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Utah’s Telephone Fraud Prevention Act<\/h2>\n\n

Code Section<\/b><\/p>\n<\/td>\n

Utah Code section 13-26-11<\/a>: Telephone Fraud Prevention Act \u2013 Prohibited Practices<\/b><\/td>\n<\/tr>

What’s Prohibited?<\/b><\/p>\n<\/td>\n

It is unlawful for any solicitor to:<\/p>\n

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  • Make a telemarketing call on behalf of a soliciting business that isn’t properly registered (or exempt from registration)<\/li>\n
  • Use a fake name during a telephone solicitation<\/li>\n
  • Make any untrue material statements, or fail to disclose a material fact necessary to make a statement made not misleading<\/li>\n
  • Make any misrepresentations about complying with this law<\/li>\n
  • Fail to refund money within 30 days after a buyer exercises his right to cancel a sale, or<\/li>\n
  • Fail to orally advise a buyer of his right to cancel the sale (if applicable)<\/li>\n<\/ul>\n

    It is unlawful for any telephone soliciting business to:<\/p>\n

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    • Cause or permit any solicitor to violate this law, or<\/li>\n
    • Use inmates in telephone soliciting operations where the inmates have access to personal data about an individual sufficient to physically locate or contact that individual<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

First offense<\/u>: Class B misdemeanor.<\/p>\n

Second offense<\/u>: Class A misdemeanor.<\/p>\n

Third or subsequent offense<\/u>: Third degree felony.<\/p>\n

Violators may also be fined up to $2,500 per violation.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

No-Call Database<\/h2>\n

Utah maintains a "no-call database" that compiles a list of telephone numbers of people who have expressed that they don’t want to receive unsolicited phone calls. This list consists of the Utah phone numbers that are contained in the national do-not-call registry. Registering your phone number with the National Do Not Call List<\/a> can help reduce your risk of being victimized by telephone fraud.<\/p>\n

Federal Laws that Govern Telemarketing<\/h2>\n