We’ve all been well trained to be skeptical of advertisements and wary of deals that sound too good to be true. And for false advertisement and other sales scams, known as “deceptive trade practices,†the Beehive State has extensive consumer protection laws designed to protect citizens from shady sales tactics. This is an introduction to deceptive trade practice laws in Utah.
Deceptive Trade Practices Laws
While Utah has not yet adopted the Uniform Deceptive Trade Practices Act, the state has enacted several statutes within its Consumer Protection and Criminal sections that prohibit sellers from intentionally misleading buyers. These laws prohibit everything from mislabeling food products to altering a used car’s odometer. The table below lists Utah’s deceptive trade practices statutes.
| Uniform Deceptive Trade Practices Act Adopted | No |
| Code Section | Utah Code 13-11a-1, et seq.: Truth in Advertising Utah Code 41-1a-1, et seq.: Motor Vehicle Act |
| False Advertising Forbidden | Yes Utah Code 13-11a-3 |
| Who May Bring Suit | State; consumer Utah Code 13-11a-4 |
| Remedies Available | Declaratory judgment, enjoin, greater of $2,000 or actual damages; actual damages; costs and attorney's fees; possible injunctive relief; remedies are in addition to remedies available for same conduct under state or local law Utah Code 13-11a-4 |
| Auto Odometer Tampering Forbidden | Yes third degree felony Utah Code 41-1a-1319; Class B misdemeanor to offer for sale, sell, use, or install a device that causes the odometer to register miles other than true miles Utah Code 41-1a-1310 |
Protecting Yourself Against Deceptive Trade Practices
Utah’s laws prohibiting deceptive trade practices are generally limited to prosecuting scams after they happen. Therefore, consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices.
Additionally, federal resources like www.consumeraction.gov, and nationwide nonprofits like the Better Business Bureau at www.bbb.org and www.fraud.org, can help you with consumer fraud complaints. These organizations can assist with filling out complaints online, as well as finding the appropriate local, state, and federal agencies with which to file a complaint.
Related Resources for Utah Deceptive Trade Practices Laws
State deceptive trade statutes can be as confusing. If you would like legal assistance regarding a consumer fraud or a possible deceptive trade practices matter, you can consult with a Utah consumer protection attorney. You can also find additional articles and information by visiting FindLaw's section on Consumer Protection.
