Utah TCPA and telemarketing law
Utah has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | Utah Code § 13-25a-101 et seq. | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $500 / violation | ↗ |
| Covers text messages | Not yet verified | |
| Cure period | Not yet verified |
Utah's Telephone and Facsimile Solicitation Act (Utah Code § 13-25a-101 et seq.) bars using an automated telephone dialing system, meaning equipment that plays a recorded message or artificial voice, to make a telephone solicitation unless the person called gave prior express consent to that specific solicitor or has an established business relationship with it. Without prior express consent, solicitations to residential or cell phones are barred between 9 p.m. and 8 a.m., on Sundays and on legal holidays. Callers must identify themselves and the business, stop after a negative response, show caller ID, and not call Utah numbers on the national do-not-call registry. A violation of federal 47 U.S.C. 227 is also a violation.
A consumer can sue for the greater of $500 or actual loss, plus costs and attorney fees, and a court may treble actual loss for knowing and willful violations. The Division of Consumer Protection can impose fines up to $2,500 per violation.
Source: Utah Code § 13-25a-101 et seq. ↗