13-11-5. Unconscionable act or practice by supplier.
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/ut/title-13/chapter-11/13-11-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
13-11-5. Unconscionable act or practice by supplier.
(1)A supplier that commits an unconscionable act or practice in connection with a consumer transaction violates this chapter whether the unconscionable act or practice occurs before, during, or after the transaction.
(a)The unconscionability of an act or practice is a question of law for a court with jurisdiction.
(b)If it is claimed or appears to the court that an act or practice may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to the act or practice's setting, purpose, and effect to aid the court in making the court's determination.
(3)In determining whether an act or practice is unconscionable, the court shall consider the circumstances that the supplier knew or had reason to know.
Amended by Chapter 442 , 2025 General Session