Full text of Utah Utah Code § 13-57-102 — Definitions., with citation guidance and answers to common questions.
§ 13-57-102. Definitions.
Effective 5/6/2026 13-57-102.
Definitions. As used in this chapter:
(1)
(a)
"Commercial maintenance funding agreement" means a written agreement:
(i)
whereby a third party agrees to provide funds to a named party affiliated with a legal claim; and
(ii)
that creates a direct or collateralized interest in the proceeds of a legal claim by settlement, verdict, judgment, or otherwise, which interest is based in whole or in part on a funding-based obligation to a legal claim.
(b)
"Commercial maintenance funding agreement" does not include:
(i)
a consumer maintenance funding agreement;
(ii)
an agreement between an attorney and a client for the attorney to provide legal services on a contingency-fee basis or to advance the clients legal costs;
(iii)
a health insurance plan or agreement;
(iv)
a repayment agreement with a financial institution if the repayment is not contingent upon the outcome of the legal claim;
(v)
a funding agreement to a nonprofit organization that represents a client on a pro bono basis;
(vi)
an agreement of an assigned claim to prosecute an environmental contamination matter seeking remediation of, or to recover the cost of remediating, a site that has been on the U.S. Environmental Protection Agency's Superfund National Priorities List;
(vii)
an agreement between a health care provider and a patient to provide medical treatment on a lien if the repayment is not contingent on the outcome of the legal claim; or
(viii)
an agreement between a third party and a party to a legal claim to provide funding for medical treatment related to a legal claim on a lien if the repayment is not contingent upon the outcome of the legal claim.
(2)
(a)
"Commercial maintenance funding provider" means a person that enters into a commercial maintenance funding agreement with a party to a legal claim.
(b)
"Commercial maintenance funding provider" does not include a nonprofit organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.
(3)
"Consumer" means:
(a)
an individual who resides or is domiciled in the state;
(b)
an individual who is a plaintiff with a legal claim in the state; or
(c)
an estate for a decedent in a wrongful death claim in the state.
(4)
(a)
"Consumer maintenance funding agreement" means a non-recourse transaction in which a consumer maintenance funding provider purchases contingent rights to receive an amount of the potential proceeds of a settlement, judgment, award, or verdict obtained in the consumer's legal claim, with funds paid directly to the consumer.
(b)
"Consumer maintenance funding agreement" does not include:
(i)
an agreement between a health care provider and a patient for providing medical treatment on a lien basis if repayment is not contingent on the outcome of the legal claim; or
(ii)
an agreement between a third party and a party to a legal claim for providing funds for medical treatment related to the legal claim on a lien basis if repayment is not contingent on the outcome of the legal claim.
(5)
(a)
"Consumer maintenance funding provider" means a person that enters into a consumer maintenance funding agreement with a consumer.
(b)
"Consumer maintenance funding provider" does not include:
(i)
an immediate family member of a consumer;
(ii)
an accountant providing accounting services to a consumer;
(iii)
an attorney providing legal services to a consumer; or
(iv)
a bank, lender, financing entity, or other special purpose entity:
(A)
that provides financing to a consumer litigation funding company; or
(B)
to which a consumer litigation funding company grants a security interest or transfers a right or interest in a consumer litigation funding agreement.
(6)
"Director" means the director of the division.
(7)
"Division" means the Division of Consumer Protection established in Section 13-2-102.
(8)
"Foreign country or person of concern" means:
(a)
a foreign government or person listed in 15 C.F.R. Sec. 791.4; or
(b)
an entity designated as a restricted foreign entity in accordance with Section 63L-13-101.
(9)
(a)
"Foreign entity of concern" means a partnership, association, corporation, organization, or other legal entity that:
(i)
is organized or incorporated in a foreign country of concern;
(ii)
is owned or operated by a government, a political subdivision, or a political party of a foreign country of concern;
(iii)
has a principal place of business in a foreign country of concern; or
(iv)
a foreign organization owns, organizes, or controls that:
(A)
is on the federal Office of Foreign Assets Control specially designated nationals and blocked persons list; or
(B)
the United States Secretary of State designates as a foreign terrorist organization.
(b)
"Foreign entity of concern" includes an individual that owns, has a controlling interest in, or is a director or senior officer of any entity that falls within Subsection (10)(a).
(10)
"Health care provider" means the same as that term is defined in Section 78B-3-403.
(11)
"Maintenance funding provider" means a consumer maintenance funding provider or a commercial maintenance funding provider.
Section 13-57-102 ("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 § 13-57-102?
A common citation format is "Utah Code § 13-57-102" (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 § 13-57-102 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.
