13-26-101. Definitions.

672 words·~3 min read·/ut/title-13/chapter-26/13-26-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

As used in this chapter:

(1)"Affiliated person" means a seller or a seller's contractor, director, employee, officer, owner, or partner.

(2)"Continuity plan" means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount.

(3)"Director" means the director of the division appointed under Section 13-2-103 .

(4)"Division" means the Division of Consumer Protection created in Section 13-2-102 .

(5)"Fictitious personal name" means a name other than an individual's legal name.

(6)"Material fact" means information that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation.

(7)"Material statement" means a statement a seller or a solicitor makes that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation.

(8)"Participant" means a person seeking to register or renew a registration as a seller including:

(a)a seller;

(b)an owner;

(c)an officer;

(d)a director;

(e)a member or manager of a limited liability company;

(f)a principal;

(g)a trustee;

(h)a general or limited partner;

(i)a sole proprietor; or

(j)an individual with a controlling interest in an entity.

(9)"Premium" means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services.

(10)"Seller" means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that:

(a)on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation:

(i)makes a telephone solicitation; or

(ii)causes a telephone solicitation to be made; or

(b)through a solicitor:

(i)makes a telephone solicitation; or

(ii)causes a telephone solicitation to be made.

(11)"Solicitor" means an individual who engages in a telephone solicitation on behalf of a seller.

(12)"Standing order arrangements," means a product or service that a person provides, with the prior express request or consent of the buyer, for a specified period of time at a price dependent on the duration of service and to complement an initial purchase.

(a)"Telephone solicitation" means:

(i)a sale or solicitation of goods or services in which:

(I)the seller solicits the sale over the telephone;

(II)the purchaser's agreement to purchase is made over the telephone; and

(III)the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services;

(B)the seller, not exempt under Section 13-26-104 , induces a prospective purchaser over the telephone, to make and keep an appointment that directly results in the purchase of goods or services by the purchaser that would not have occurred without the telephone solicitation and inducement by the seller;

(C)the seller offers or promises a premium to a prospective purchaser if:

(I)the seller induces the prospective purchaser to initiate a telephone contact with the seller; and

(II)the resulting solicitation meets the requirements of this Subsection (13)(a); or

(D)the seller solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with an appeal made for a charitable purpose by an organization that is not otherwise exempt under Subsection 13-26-104(2)(b)(iv) ; or

(ii)a person making or causing to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system.

(b)"Telephone solicitation" does not include a sale or solicitation that occurs solely through a website without the use of a telephone call.

Renumbered and Amended by Chapter 95 , 2026 General Session