13-42-118. Communication by electronic or other means.

606 words·~3 min read·/ut/title-13/chapter-42/13-42-118

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

Effective 5/6/2026

(1)As used in this section:

(a)"Consumer" means an individual who seeks or obtains goods or services that are used primarily for personal, family, or household purposes.

(b)"Federal act" means the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq.

(2)A provider may satisfy the requirements of Section 13-42-117 , 13-42-119 , or 13-42-127 by means of the internet or other electronic means if the provider obtains a consumer's consent in the manner provided by Section 101(c)(1) of the federal act.

(3)A provider shall present the disclosures and materials required by Sections 13-42-117 , 13-42-119 , and 13-42-127 in a form that is capable of being accurately reproduced for later reference.

(4)With respect to disclosure by means of a website, the disclosure of the information required by Subsection 13-42-117(4) shall appear on one or more screens that:

(a)contain no other information; and

(b)an individual is able to see before proceeding to assent to formation of an agreement.

(5)At the time of providing the materials and agreement required by Subsections 13-42-117(3) and

(4), Section 13-42-119 , and Section 13-42-127 , a provider shall inform the individual that on electronic, telephonic, or written request, the provider:

(a)will send the individual a written copy of the materials; and

(b)shall comply with a request as provided in Subsection

(6).

(a)If an individual requests that a provider, before the expiration of 90 days after the day on which an agreement is completed or terminated, send the individual a written copy of the materials required by Subsections 13-42-117(3) and

(4), Section 13-42-119 , or Section 13-42-127 , the provider shall send the materials at no charge no later than three business days after the day on which the provider receives the request.

(b)Notwithstanding Subsection (6)(a) , a provider is not required to comply with a request more than once per calendar month or if the provider reasonably believes the individual makes the request for purposes of harassment.

(c)If an individual makes a request more than 90 days after the day on which an agreement is completed or terminated, the provider shall send within a reasonable time a written copy of the materials requested.

(7)A provider that maintains a website shall disclose on the home page of the provider's website or on a page that is clearly and conspicuously connected to the home page by a link that clearly reveals the website's contents:

(a)the provider's name and all names under which the provider does business;

(b)the provider's principal business address, telephone number, and electronic-mail address, if any; and

(c)the names of the provider's principal officers.

(8)Subject to Subsection

(9), if a consumer who consents to electronic communication in the manner provided by Section 101 of the federal act withdraws consent as provided in the federal act, a provider may terminate the provider's agreement with the consumer.

(a)If a provider wishes to terminate an agreement with a consumer in accordance with Subsection

(8), the provider shall notify the consumer that the provider will terminate the agreement unless the consumer, no later than 30 days after the day on which the consumer receives the notification, consents to electronic communication in the manner provided in Section 101(c) of the federal act.

(b)If the consumer consents to electronic communication as described in Subsection (9)(a) , the provider may terminate the agreement only as permitted by Subsection 13-42-119(1)(f)(iv)(D) .

Amended by Chapter 95 , 2026 General Session