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Utah

Telecom Compliance Reference — Updated January 2023

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$2,500

Registration

Required

Overview Calling Hours Consent Registration DNC Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in Utah

Real estate investor cold calling and SMS compliance in Utah

Guide last reviewed: January 2025

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Mini-TCPA State — UCA § 13-25a (Telephone and Facsimile Solicitation Act)

Utah imposes stricter consent and calling requirements than federal TCPA.REI Wholesaling companies operating here face $2,500 per-violation penalties.

Utah REI Wholesaling Overview

Utah is moderate-risk for REI cold calling. The state does not have a mini-TCPA with broader ATDS definition, but the private right of action with $1,000 minimum statutory damages for DNC violations creates real exposure. One missed DNC scrub on a call list can generate significant per-call liability. Manual dialing after thorough DNC scrubbing (both state and federal lists) is the recommended approach. Registration with the Division of Consumer Protection is required.

Penalty/Violation

$2,500

Willful

$10,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with Utah Division of Consumer Protection before making any solicitation calls,Scrub all call lists against both the Utah DNC list AND the federal National DNC Registry — Utah has $1,000 minimum statutory damages per DNC violation,Manual (human) dialing is permitted for cold calling with DNC compliance,Call only between 8:00 AM and 9:00 PM local time,Identify yourself, company, and purpose within 30 seconds,Disclose total cost and cancellation/refund policy before closing any phone sale,Obtain prior express written consent before any ATDS or prerecorded calls to cell phones under federal TCPA,Automated calling systems must disconnect within 5 seconds after called party hangs up,Existing business relationship exemption covers past sellers — manual calls only recommended,Keep records of consent, DNC scrubs, and sales confirmations

What Gets Companies Sued

✗Common violations for REI wholesalers in UT: (1) Calling DNC-listed numbers — $1,000 minimum statutory damages per call makes this expensive; (2) Failing to register with Division of Consumer Protection; (3) Using auto-dialers or ringless voicemail without written consent; (4) Not disclosing total costs and cancellation policy before closing; (5) Spoofing caller ID to avoid identification.

Special Exemptions

Licensed real estate agents may qualify for registration exemption under Utah Code § 13-26-4. Most REI wholesalers do not hold real estate licenses and do NOT qualify. EBR exemption covers past transaction partners for state DNC purposes. The $1,000 minimum statutory damages for DNC violations make scrubbing essential.

Key State Rules

Mini-TCPAYes

RegistrationRequired

Class ActionsNot specified

Consent Requirements→Registration Details→DNC List→

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →