State law · State telemarketing laws

Utah Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

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Overview

Utah regulates telemarketing through two chapters of Title 13 of the Utah Code, both administered by the Division of Consumer Protection (Division) within the Department of Commerce.

  • The Telephone and Facsimile Solicitation Act, Utah Code §§ 13-25a-102 to 13-25a-111. It bans telephone solicitations made with an "automated telephone dialing system" unless the called person gave prior express consent to that specific solicitor or has an established business relationship with it, bans solicitations to residential and cellular phones before 8 a.m., after 9 p.m., on Sundays and on legal holidays without prior express consent, requires identification and disconnection on a negative response, prohibits withholding caller ID, adopts the National Do Not Call Registry as state law, and incorporates the federal Telephone Consumer Protection Act (TCPA) as a state-law violation. Its private right of action allows the greater of $500 or pecuniary loss, plus attorney fees, and is available after a single call for the core violations.
  • The Telephone Fraud Prevention Act, Utah Code §§ 13-26-101 to 13-26-108. It requires most sellers that make telephone solicitations into or from Utah to register annually with the Division, post a $25,000 to $75,000 surety bond or certificate of deposit, submit fingerprints for a background check, give oral identity and cancellation disclosures, and honor a three-business-day cancellation right (extended to 90 days or indefinitely if disclosures are not given). Senate Bill 38 (2026), Laws of Utah 2026, chapter 95, renumbered and amended this chapter effective May 6, 2026.

The Utah Supreme Court held in 2005 that the federal TCPA does not preempt Utah's automated dialing ban or its seller registration requirement.

Key statutes and regulations

LawCitationWhat it covers
DefinitionsUtah Code § 13-25a-102Automated telephone dialing system; established business relationship (18 months); telephone solicitation; unsolicited telephone call; negative response
Telephone solicitation rules§ 13-25a-103Automated dialing ban and exceptions; hours, Sunday and holiday ban; TCPA incorporated; disclosures; caller ID
Fax advertisements§ 13-25a-104Prior express written consent or established business relationship
Penalties§ 13-25a-105Administrative fines $100 to $2,500; on-call emergency provider fines; class A misdemeanor
Enforcement§ 13-25a-106Division investigation; Attorney General and county attorney actions on referral
Private action§ 13-25a-107Greater of $500 or pecuniary loss; fees; treble for knowing and willful violations
Company-specific requests§ 13-25a-107.2Honor oral or written do-not-call requests; TSR safe harbor
National registry§ 13-25a-108No unsolicited calls to Utah numbers on the National Do Not Call Registry
Exemptions§ 13-25a-111Insurance, real estate and securities licensees
Telephone Fraud Prevention Act§§ 13-26-101 to 13-26-108Seller registration, bond, background check, exemptions, cancellation, prohibited practices, penalties

Detailed provisions

1. Definitions and scope

Telephone solicitation. "'Telephone solicitation' means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls: (a) encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization; (b) soliciting a sale of or extension of credit for property or services to the person called; (c) soliciting information that will be used for" a direct solicitation or extension of credit; "(d) soliciting a charitable contribution; or (e) encouraging the person called to sell real or personal property." (§ 13-25a-102(8).) The definition covers a "call or message" and expressly reaches charitable solicitations and offers to buy a consumer's property.

Unsolicited telephone call. "'Unsolicited telephone call' means a telephone call for a commercial purpose or to seek a financial donation other than a call made: (a) in response to an express request of the person called; (b) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call; (c) to a person with whom the telephone solicitor has an established business relationship; or (d) as required by law for a medical purpose." (§ 13-25a-102(10).)

Established business relationship. The relationship must be "based on inquiry, application, purchase, or transaction regarding products or services offered," must be "formed by a voluntary two-way communication," and must not have been terminated by "(A) an act by either person; or (B) the passage of 18 months since the most recent inquiry, application, purchase, transaction, or voluntary two-way communication." It "includes a relationship with an affiliate as defined in Section 16-10a-102." (§ 13-25a-102(4).) Unlike federal law, inquiries and applications support the relationship for 18 months, not three.

Negative response. "'Negative response' means a statement from a person stating the person does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call." (§ 13-25a-102(6).)

On-call emergency providers. The chapter gives enhanced protection to "an individual who is required by an employer to be on call to respond to a medical emergency" (§ 13-25a-102(7)).

2. Registration and bonding (Telephone Fraud Prevention Act)

Who must register. "Unless exempt under Section 13-26-104, a seller shall register annually with the division before engaging in telephone solicitations if: (i) the seller engages in telephone solicitations that: (A) originate in Utah; or (B) are received in Utah; or (ii) the seller, or a solicitor on behalf of the seller, conducts a business operation in Utah." (§ 13-26-102(1)(a).) For this chapter, "telephone solicitation" includes sales completed over the telephone with payment, appointment-inducing calls that directly result in a purchase, certain premium offers and charitable appeals, and "a person making or causing to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system." It "does not include a sale or solicitation that occurs solely through a website without the use of a telephone call." (§ 13-26-101(13).)

Application. The application must include a fee set by the Division, information the Division requires by rule, and "a designated registered agent for service of process in this state" with the agent's name, street address, mailing address and telephone number (§ 13-26-102(2)). Sellers must also submit "a fingerprint card in a form the division approves," consent to a criminal background check, and a disclosure of any felony or misdemeanor "involving theft, fraud, or dishonesty, in the 10-year period immediately preceding the day on which the seller files the application" (§ 13-26-102(6)). "A seller registration is effective for one year after the day on which the division approves a seller's registration application," and renewal applications are due "at least 30 days before the day on which the seller's registration expires." (§ 13-26-102(8), (9).)

Bond or certificate of deposit. A seller must maintain a surety bond or a certificate of deposit held in Utah, "in the amount of: (i) $25,000 if" the seller and affiliated persons have had no violation of the chapter in the prior three years and "the seller has fewer than 10 employees; (ii) $50,000 if" there were no violations and "the seller has 10 or more employees; or (iii) $75,000 if the seller or an affiliated person has violated this chapter in the three-year period immediately before the day on which the seller files the application," payable to the Division "for the benefit of a consumer who incurs damages as the result of the seller's violation of this chapter" (§ 13-26-102(3), (4)).

Denial or revocation. The Division may deny, suspend or revoke a registration in the public interest for an incomplete or misleading application, violations of the chapter or of the Utah Consumer Sales Practices Act, certain fraud-related orders or convictions, and nonpayment of fines or fees (§ 13-26-103, enacted 2026).

Exemptions from registration. Section 13-26-104(2) exempts, except from the penalty and prohibited-practices sections, a long list of persons including licensed brokers, agents, dealers and sales professionals acting within their licenses; regulated public utilities; newspapers and licensed broadcasters; qualifying nonprofits; large catalog sellers; publicly traded corporations and their subsidiaries; regulated financial institutions and insurers; sellers of their own telephone services; Commodity Futures Trading Commission registrants; maintenance and repair contracts for goods previously purchased; certain solicitations of previous customers by persons not regularly engaged in telephone sales; isolated transactions; Utah retailers with at least five years of operation; magazine, continuity and negative option plans meeting conditions; certain established telephone marketing service companies; and registered credit services organizations and debt-management providers. "In an enforcement action initiated by the division, a person claiming an exemption has the burden of proving that the person is entitled to the exemption." (§ 13-26-104(1).)

Registration does not imply approval. "Registration under this section does not constitute an approval or endorsement of the seller by the division or the state." (§ 13-26-102(10).) A seller may not "represent that the division or the state approves or endorses the seller" (§ 13-26-108(4)(a)).

3. Calling hours, Sundays and holidays

"A person may not make a telephone solicitation to a residential telephone or cellular telephone without prior express consent during any of the following times: (a) between the hours of 9 p.m. and 8 a.m. local time; (b) on a Sunday; or (c) on a legal holiday." (§ 13-25a-103(3).) The daily window matches federal law, but the Sunday and holiday bans have no federal counterpart. A single call in violation supports a private action (§ 13-25a-107(1)(b)(ii)).

4. Call frequency

Utah has no numeric frequency cap. The private right of action, however, is available after "two or more telephone solicitations or facsimile advertisements from the same individual or entity" that violate the chapter or 47 U.S.C. § 227, if the person objected after the first one (§ 13-25a-107(1)(a)).

5. Automated telephone dialing systems and prerecorded messages; Facebook v. Duguid

Definition. "'Automated telephone dialing system' means equipment used to: (i) store or produce telephone numbers; (ii) call a stored or produced number; and (iii) connect the number called with a recorded message or artificial voice." The term "does not include a system used in an emergency involving the immediate health or safety of a person, including a burglar alarm system, voice messaging system, fire alarm system, or other similar system." (§ 13-25a-102(2).)

Prohibition and exceptions. "Except as provided in Subsection (2), a person may not operate or authorize the operation of an automated telephone dialing system to make a telephone solicitation." (§ 13-25a-103(1).) "A person may operate an automated telephone dialing system if a call is made: (a) with the prior express consent of the person who is called agreeing to receive a telephone solicitation from a specific solicitor; or (b) to a person with whom the solicitor has an established business relationship." (§ 13-25a-103(2).)

Duguid comparison. In Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), the Supreme Court read the federal ATDS definition to require the capacity to store or produce numbers using a random or sequential number generator. Utah's definition has no such requirement. It reaches any equipment that can "store or produce telephone numbers," call them, and "connect the number called with a recorded message or artificial voice." In practice, Utah's ATDS is a prerecorded-message or artificial-voice dialer: list-based systems that would fall outside the federal ATDS definition after Duguid are covered, while live-agent predictive dialers that do not connect to a recorded message or artificial voice appear to fall outside Utah's definition. Federal prerecorded-voice rules apply independently. Utah's consent standard ("prior express consent ... from a specific solicitor") is not required by the statute to be written, while federal law requires prior express written consent for prerecorded telemarketing calls.

Disconnect rule. An operator of an automated telephone dialing system must "disconnect the automated telephone dialing system from the telephone line within 25 seconds of the termination of the call by the person being called" (§ 13-25a-103(5)(e)).

6. Text messages

The definition of telephone solicitation covers "the initiation of a telephone call or message," and § 13-25a-103(4) makes any solicitation "in violation of Title 47 U.S.C. 227" a state-law violation. The statute does not expressly mention text messages, and no Utah decision we located addresses whether "message" includes texts. Because the FCC treats texts as calls under 47 U.S.C. § 227, a marketing text that violates the TCPA would also violate § 13-25a-103(4).

7. Caller ID

"If a telephone solicitor's service or equipment is capable of displaying the telephone solicitor's telephone number through a caller identification service, the telephone solicitor may not withhold the display of the telephone solicitor's telephone number from a caller identification service when that number is being used for telemarketing purposes." (§ 13-25a-103(6).) A single violation is privately actionable (§ 13-25a-107(1)(b)(iv)). Under the Telephone Fraud Prevention Act, a solicitor may not "use a fictitious personal name in connection with a telephone solicitation" (§ 13-26-108(2)(a)).

8. Disclosures and opt-out

At the start of an unsolicited call. "A telephone solicitor who makes an unsolicited telephone call to a telephone number shall: (a) identify the telephone solicitor; (b) identify the business on whose behalf the telephone solicitor is soliciting; (c) promptly identify the purpose of the call upon making contact by telephone with the person who is the object of the telephone solicitation; (d) discontinue the solicitation if the person being solicited gives a negative response at any time during the telephone call; and (e) hang up the phone," or disconnect an automated system, within 25 seconds of the called person's termination of the call (§ 13-25a-103(5)).

Seller disclosures under the Telephone Fraud Prevention Act. "Before engaging in a solicitation with a consumer, a seller or a seller's solicitor shall orally advise the consumer of the seller or the seller's solicitor's: (a) legal name; (b) telephone number; (c) complete mailing address; and (d) email address." (§ 13-26-105(2), added by SB 38 (2026).) Sellers and solicitors may not make false statements or omit material facts in a telephone solicitation (§ 13-26-108(1)(b), (2)(b)).

Company-specific requests. "A telephone solicitor may not make or cause to be made a telephone solicitation to a person who has informed the telephone solicitor, either in writing or orally, that the person does not wish to receive a telephone call from the telephone solicitor." (§ 13-25a-107.2(1).) "A telephone solicitor is not liable for a violation of this section if the telephone solicitor complies with 16 C.F.R. Part 310.4(b)(3) and (4)." (§ 13-25a-107.2(2).)

9. Do-not-call: National Do Not Call Registry

"A person may not make or cause to be made an unsolicited telephone call to a person: (a) located in the state; and (b) (i) at a Utah telephone number contained in the national 'do-not-call' registry established and maintained by the Federal Trade Commission under 16 C.F.R. 310.4(b)(1)(iii)(B); or (ii) at a non-Utah telephone number contained in the national 'do-not-call' registry established and maintained by the Federal Trade Commission under 16 C.F.R. 310.4(b)(1)(iii)(B), if the person making the call or causing the call to be made knows or reasonably should know that the person receiving the call is in Utah." (§ 13-25a-108(1).) "Each unsolicited telephone call made in violation of this section is a separate violation." (§ 13-25a-108(2).)

Utah has no separate state list. Because "unsolicited telephone call" excludes calls within an 18-month established business relationship (including inquiries), the Utah registry exemption is broader than the federal three-month inquiry window. The statute contains no express safe harbor for registry scrubbing in § 13-25a-108; the TSR safe harbor in § 13-25a-107.2(2) applies only to company-specific requests.

10. Contract and cancellation rules

Three-day cancellation. "Except as provided in Subsections (3)(b) and (c), in addition to any right to otherwise revoke an offer, a person who makes a purchase from a seller may cancel the sale at or before 11:59 p.m. on the third business day after the day on which the person receives the merchandise or premium, whichever is later, provided that the seller or the seller's solicitor advises the purchaser of the purchaser's cancellation rights under this chapter at the time the seller or seller's solicitor makes the solicitation." (§ 13-26-105(3)(a).)

Extended rights if disclosures are missing. "If the seller or the seller's solicitor fails to orally advise a purchaser of the right to cancel under this section at the time of a solicitation, the purchaser's right to cancel is extended to 90 days after the day on which the person receives the merchandise or premium." (§ 13-26-105(3)(b).) "If the seller or the seller's solicitor fails to orally advise a purchaser of the seller's or the seller's solicitor's legal name, telephone number, and complete address at the time of a solicitation, the purchaser may cancel the sale at any time." (§ 13-26-105(3)(c).)

Mechanics. The purchaser may cancel by mailing notice to the seller's address or email, or, if those were not provided, by sending written notice to the Division (§ 13-26-105(4)). The purchaser must make a reasonable attempt to return goods within seven business days, unless the seller failed to give the required information, in which case the purchaser "is not required to return any canceled goods to the seller" (§ 13-26-105(5)). The seller may deduct a reasonable allowance for used goods or services (§ 13-26-105(6)), and must not "fail to refund within 30 days any amount due a purchaser who exercises the right to cancel" (§ 13-26-108(1)(d)).

Prohibited practices. It is unlawful for a seller to "solicit a prospective purchaser if the seller is not registered with the division or is exempt from registration under this chapter," to fail to advise of cancellation rights, to employ inmates with access to personal data, or to "cause or permit a solicitor to violate a provision of this chapter" (§ 13-26-108(1)). Anyone who "knows or has reason to know that a seller or solicitor engages in an act or practice that violates this chapter" may not "(a) benefit from the seller's or solicitor's services; or (b) provide substantial assistance or support to the seller or solicitor." (§ 13-26-108(3).) "A solicitation of sale or telephone solicitation is considered complete when made, regardless of whether the person receiving the solicitation agrees to the sale or to make a charitable donation." (§ 13-26-108(5).)

11. Exemptions

Under the Telephone and Facsimile Solicitation Act, "Sections 13-25a-103 and 13-25a-108 do not apply" to a person who holds and acts within the scope of a license or registration under the Insurance Code, from the Division of Real Estate, or from the National Association of Securities Dealers (§ 13-25a-111). The automated dialing ban yields to consent and established business relationships (§ 13-25a-103(2)), and the registry ban applies only to "unsolicited" calls (§ 13-25a-102(10)). The Telephone Fraud Prevention Act registration exemptions are summarized in section 2.

12. Private right of action, damages and limitations

"In addition to any other remedies, a person may bring an action in any state court of competent jurisdiction if: (a) (i) the person has received two or more telephone solicitations or facsimile advertisements from the same individual or entity that: (A) violates this chapter; or (B) violates Title 47 U.S.C. 227; and (ii) the person, following the first telephone solicitation or facsimile advertisement, notified the sender of the person's objection to receiving the telephone solicitation or facsimile advertisement; or (b) the person has received one telephone solicitation or facsimile advertisement in violation of" the automated dialing ban (§ 13-25a-103(1)), the hours, Sunday and holiday ban (§ 13-25a-103(3)), the disclosure and disconnect rules (§ 13-25a-103(5)), the caller ID rule (§ 13-25a-103(6)), or the fax rule (§ 13-25a-104(1)). (§ 13-25a-107(1).)

A plaintiff may "(i) recover the greater of $500 or the amount of the pecuniary loss, if any; (ii) recover court costs and reasonable attorneys' fees as determined by the court; and (iii) seek to enjoin any conduct in violation of this chapter." (§ 13-25a-107(2)(a).) If the court finds that a violation was knowing and willful, the court "may award an individual treble the amount of the individual's pecuniary loss," or, for an on-call emergency provider who was on call and had notified the sender, "the greater of $1,000 or treble the amount of the individual's pecuniary loss" (§ 13-25a-107(2)(b)).

Notable points:

  • The action lies "in any state court of competent jurisdiction."
  • National registry violations under § 13-25a-108 and company-specific violations under § 13-25a-107.2 are actionable under the two-or-more-calls-after-objection route in subsection (1)(a), not the single-call route.
  • Unlike the TCPA, the willful enhancement trebles pecuniary loss, not the $500 statutory amount (except for on-call emergency providers).
  • The Telephone Fraud Prevention Act contains no private damages action but states that its remedies "are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law" (§ 13-26-107).
  • Neither chapter states a limitations period.

13. Government enforcement

Telephone and Facsimile Solicitation Act. "Any person who violates this chapter is subject to: (a) a cease and desist order; and (b) an administrative fine of not less than $100 or more than $2,500 for each separate violation." Soliciting an on-call emergency provider while on call carries a fine of $1,000 to $2,500 per violation. "Any person who intentionally violates this chapter is guilty of a class A misdemeanor and may be fined up to $2,500," and a violation is intentional "if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter." (§ 13-25a-105.) "The division shall investigate and assess administrative fines for violations of this chapter," and on referral from the Division, the Attorney General or a district or county attorney may seek injunctions, restitution and collection of penalties, and recover investigative costs and attorney fees (§ 13-25a-106).

Telephone Fraud Prevention Act. The director may impose an administrative fine "of up to $2,500 for each violation of this chapter," and the Division may sue for declaratory and injunctive relief, disgorgement, payment of disgorged money to injured purchasers, and fines of up to $2,500 per violation. If the Division prevails, "the court shall award the division: (i) reasonable attorney fees; (ii) court costs; and (iii) investigative fees." (§ 13-26-106(1), (2).) Violating an administrative or court order carries a civil penalty of up to $5,000 per violation (§ 13-26-106(3)). Criminal liability escalates from "a class B misdemeanor for a first violation" to a class A misdemeanor and then "a third-degree felony" for repeat violations (§ 13-26-106(4)). "For purposes of this section, each telephone solicitation a person makes in violation of this chapter is a separate violation." (§ 13-26-106(5).)

How Utah law differs from federal law

The federal baseline is the TCPA, 47 U.S.C. § 227, the Federal Communications Commission (FCC) rule at 47 C.F.R. § 64.1200, and the Federal Trade Commission (FTC) Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310.

IssueUtahFederal (TCPA, FCC rule, TSR)
Registration and bondAnnual seller registration; $25,000 to $75,000 bond or certificate of deposit; fingerprints and background check (§ 13-26-102)None
Calling times8 a.m. to 9 p.m. local; no Sundays or legal holidays without prior express consent (§ 13-25a-103(3))8 a.m. to 9 p.m. (47 C.F.R. § 64.1200(c)(1); 16 C.F.R. § 310.4(c))
Autodialer definitionEquipment that stores or produces numbers, calls them, and connects to a recorded message or artificial voice (§ 13-25a-102(2))Random or sequential number generator capacity (47 U.S.C. § 227(a)(1); Duguid)
Automated solicitation consentPrior express consent to a specific solicitor, or established business relationship (§ 13-25a-103(2))Prior express written consent for prerecorded or autodialed telemarketing (47 C.F.R. § 64.1200(a)(2), (3)); no EBR exception for prerecorded residential telemarketing
Established business relationship18 months for purchases and inquiries; includes affiliates (§ 13-25a-102(4))18 months after purchase, 3 months after inquiry (47 C.F.R. § 64.1200(f)(5))
National registryState-law prohibition for Utah numbers and known Utah residents (§ 13-25a-108)Registry prohibition (47 C.F.R. § 64.1200(c)(2))
Company-specific DNCHonor oral or written requests; TSR compliance is a defense (§ 13-25a-107.2)Requests honored for five years (47 C.F.R. § 64.1200(d)(6)); TSR (16 C.F.R. § 310.4(b)(1)(iii)(A))
DisclosuresIdentify solicitor, business and purpose; stop on negative response; seller's legal name, phone, mailing address and email (§§ 13-25a-103(5), 13-26-105(2))Caller and entity name and contact (47 C.F.R. § 64.1200(d)(4)); TSR prompt disclosures (16 C.F.R. § 310.4(d))
Caller IDMay not withhold display of the solicitor's number (§ 13-25a-103(6))Transmission required (16 C.F.R. § 310.4(a)(8))
CancellationThree business days; 90 days or any time if disclosures omitted (§ 13-26-105)No general telephone-sale cooling-off right
Private remedyGreater of $500 or pecuniary loss, plus fees; single-call route for core violations; treble pecuniary loss if knowing and willful (§ 13-25a-107)Actual damages or $500 per violation for robocall and autodialer violations; actual damages or up to $500 for do-not-call violations after more than one call in 12 months; up to three times if willful or knowing; no fee shifting (47 U.S.C. § 227(b)(3), (c)(5))
TCPA incorporationViolating 47 U.S.C. § 227 is a state-law violation (§ 13-25a-103(4))Not applicable

Where Utah is stricter. Sellers must register, post a bond, and pass a background check. Solicitations are barred on Sundays and legal holidays. Utah's dialer definition covers list-based prerecorded-message systems that may escape the federal ATDS definition. Attorney fees are recoverable. A single call violating the dialer, time, disclosure or caller ID rules supports a private action. Telephone purchasers get a statutory cancellation right that expands if disclosures are omitted.

Where Utah is looser. The automated dialing ban yields to an established business relationship and does not by its terms require written consent. The 18-month relationship period applies to inquiries as well as purchases. The willful enhancement trebles only pecuniary loss for most plaintiffs. Registry and company-specific violations require two calls and a prior objection before a private suit, and many categories of sellers are exempt from registration.

Where Utah follows federal law. The daily window matches federal hours, and Utah adopts the National Do Not Call Registry rather than keeping its own list. Under § 13-25a-103(4), any TCPA violation is also a Utah violation.

Notable enforcement and case law

  • Utah Division of Consumer Protection v. Flagship Capital, 2005 UT 76, No. 20040172 (Utah Nov. 8, 2005). The Division cited a Florida telemarketer for placing an unsolicited call to a Utah resident in violation of the automated dialing ban and the seller registration requirement; the district court dismissed on the ground that the TCPA preempted those laws. The Utah Supreme Court reversed, concluding "that the TCPA does not completely preempt the Utah laws" and that Congress did not intend the TCPA to occupy the field of interstate telemarketing. On conflict preemption, the court stated: "The telemarketing standards set by our legislature are stricter than, but do not directly conflict with, the federal standards. A telemarketer who complies with the Utah standards will have little difficulty complying with the federal standards." The court also observed that a telemarketer "can simply identify those calls that would be made to Utah and choose to not make those calls or to conform those calls to the Utah regulations." It concluded "that the district court erred in determining that Utah Code sections 13-25a-103(1) and 13-26-3 were preempted by the federal TCPA." Former § 13-26-3 is now § 13-26-102. Utah Division of Consumer Protection v. Flagship Capital (Utah 2005) opinion

Recent amendments

  • Senate Bill 38 (2026), Laws of Utah 2026, chapter 95 ("Consumer Protection Modifications"), effective May 6, 2026. Renumbered the Telephone Fraud Prevention Act from §§ 13-26-1 to 13-26-11 to §§ 13-26-101 to 13-26-108, enacted § 13-26-103 (denial, suspension and revocation), amended the bond and certificate of deposit provisions and the circumstances for recovering costs from them, required a Utah registered agent, set a one-year registration term with renewal 30 days before expiration, added the oral legal name, telephone, mailing address and email disclosure in § 13-26-105(2), restated Division enforcement powers in § 13-26-106, and amended § 13-25a-105. It also repealed § 13-25a-101 (the chapter's short-title section).
  • Laws of Utah 2024, chapter 102 (effective May 1, 2024). Amended § 13-25a-102 (definitions) and § 13-25a-111 (exemptions).
  • Laws of Utah 2022, chapter 324 (effective May 4, 2022). Amended § 13-25a-103.
  • Laws of Utah 2021, chapter 289. Amended § 13-25a-107, including the on-call emergency provider damages.
  • Laws of Utah 2020, chapter 79. Amended § 13-25a-108 (national registry).

Practical compliance checklist

  1. Before calling into or from Utah, confirm whether a Telephone Fraud Prevention Act exemption applies and document it; otherwise register with the Division annually, appoint a Utah registered agent, post the $25,000, $50,000 or $75,000 bond or certificate of deposit, and complete fingerprinting and the background check; renew at least 30 days before expiration.
  2. Suppress Utah solicitations before 8 a.m., after 9 p.m., on Sundays and on legal holidays unless the consumer gave prior express consent.
  3. Do not use any system that dials stored or produced numbers and connects to a recorded message or artificial voice without seller-specific prior express consent or an established business relationship; also satisfy federal prior express written consent rules for prerecorded calls.
  4. Open every call by identifying the solicitor, the business and the purpose, and orally give the seller's legal name, telephone number, complete mailing address and email address; end the solicitation on any negative response and disconnect automated systems within 25 seconds of hang-up.
  5. Display the solicitor's telephone number on caller ID and never use fictitious personal names.
  6. Scrub Utah numbers, and numbers of persons known to be in Utah, against the National Do Not Call Registry; honor oral and written company-specific requests and maintain TSR-compliant procedures to preserve the § 13-25a-107.2(2) defense.
  7. Orally advise purchasers of the three-business-day cancellation right, accept cancellations by mail or email, and refund within 30 days.
  8. Treat every TCPA violation as a potential Utah violation with fee shifting, and keep records of consent, relationships and objections for litigation.

References

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.

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Not legal advice. TCPA.com provides general information, not legal advice, and is not a substitute for the advice of an attorney. Do not rely on it. Verify any action with your own licensed lawyer before you take it. See our Terms of Use.

Adam Young, CEO of Ringba, Miami, Florida

About the Author: Adam Young

Adam Young is a 42-year-old entrepreneur from Miami, Florida. He is the CEO of Ringba, a call tracking and pay per call platform. Adam Young has been in telecom, call routing and performance marketing for over a decade, and is the author of The Pay Per Call Revolution. At TCPA.com, Adam Young writes about the Telephone Consumer Protection Act (TCPA), robocall enforcement, tech support fraud cases and what actions by the Department of Justice (DOJ), Federal Trade Commission (FTC) and Federal Communications Commission (FCC) mean for companies that make calls. His goal is to help companies stay compliant and keep scammers off the phone network.

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Harrison Gevirtz, Chief Strategy Officer of Ringba, Las Vegas, Nevada

About the Author: Harrison Gevirtz

Harrison Gevirtz serves as the Chief Strategy Officer (CSO) of Ringba, a call tracking and pay per call platform, and is based in Las Vegas, Nevada. Harrison Gevirtz is a serial operator in call tracking, call routing and telemarketing operations, and for the past several years he has focused on how federal regulations affect the daily operations of these industries. At TCPA.com, Harrison Gevirtz covers TCPA litigation, Telemarketing Sales Rule (TSR) enforcement, tech support fraud prosecutions and Federal Communications Commission (FCC) rulemaking in a way that's accessible to the non-lawyer executive or compliance manager.

More from Harrison Gevirtz

State Telemarketing Laws

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