Full text of Utah Utah Code § 13-26-101 — Definitions., with citation guidance and answers to common questions.
§ 13-26-101. Definitions.
Effective 5/6/2026
13-26-101.
Definitions.
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:
| (e) | a member or manager of a limited liability company; |
| (h) | a general or limited partner; |
| (j) | an individual with a controlling interest in an entity. |
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| (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 |
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| (b) | through a solicitor:
| (i) | makes a telephone solicitation; or |
| (ii) | causes a telephone solicitation to be made. |
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| (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. |
| (13) |
| (a) | "Telephone solicitation" 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 goods or services prior to or upon receipt by the purchaser of the goods or services; |
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| (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 |
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| (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 |
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| (ii) | a person making or causing to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. |
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| (b) | "Telephone solicitation" does not include a sale or solicitation that occurs solely through a website without the use of a telephone call. |
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Renumbered and Amended by Chapter
95, 2026 General Session
Frequently Asked Questions About Utah § 13-26-101
What does Utah Code § 13-26-101 cover?
Section 13-26-101 ("Definitions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 13-26-101?
A common citation format is "Utah Code § 13-26-101" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 13-26-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
