State Codes and Statutes
Statutes > Utah > Title-13 > Chapter-26 > 13-26-213-26-2. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) "Continuity plan" means a shipment, with the prior express consent of the buyer, atregular intervals of similar special-interest products. A continuity plan is distinguished from asubscription arrangement by no binding commitment period or purchase amount.
(2) "Division" means the Division of Consumer Protection.
(3) "Fictitious personal name" means a name other than an individual's true name. An"individual's true name" is the name taken at birth unless changed by operation of law or by civilaction.
(4) "Material statement" or "material fact" means information that a person of ordinaryintelligence or prudence would consider important in deciding whether or not to accept an offerextended through a telephone solicitation.
(5) "Premium" means a gift, bonus, prize, award, certificate, or other document by whicha prospective purchaser is given a right, chance, or privilege to purchase or receive goods orservices with a stated or represented value of $25 or more as an inducement to a prospectivepurchaser to purchase other goods or services.
(6) "Subscription arrangements," "standing order arrangements," "supplements," and"series arrangements" mean products or services provided, with the prior express request orconsent of the buyer, for a specified period of time at a price dependent on the duration of serviceand to complement an initial purchase.
(7) (a) "Telephone solicitation," "sale," "selling," or "solicitation of sale" means:
(i) a sale or solicitation of goods or services in which:
(A) (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 goodsor services prior to or upon receipt by the purchaser of the goods or services;
(B) the solicitor, not exempt under Section 13-26-4, induces a prospective purchaser overthe telephone, to make and keep an appointment that directly results in the purchase of goods orservices by the purchaser that would not have occurred without the telephone solicitation andinducement by the solicitor;
(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 thetelephone soliciting business; and
(II) the resulting solicitation meets the requirements of Subsection (7)(a); or
(D) the solicitor solicits a charitable donation involving the exchange of any premium,prize, gift, ticket, subscription, or other benefit in connection with any appeal made for acharitable purpose by an organization that is not otherwise exempt under Subsection13-26-4(2)(b)(iv); or
(ii) a telephone solicitation as defined in Section 13-25a-102.
(b) A solicitation of sale or telephone solicitation is considered complete when made,whether or not the person receiving the solicitation agrees to the sale or to make a charitabledonation.
(8) "Telephone soliciting business" means a sole proprietorship, partnership, limitedliability company, corporation, or other association of individuals engaged in a common effort toconduct telephone solicitations.
(9) "Telephone solicitor" or "solicitor" means a person, partnership, limited liabilitycompany, corporation, or other entity that:
(a) makes a telephone solicitation; or
(b) causes a telephone solicitation to be made.
Amended by Chapter 18, 2005 General Session
