Utah Code 13-26-5. Right of rescission — Cancellation
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section, “business day” means a day other than Sunday or a federal or state holiday.
Terms Used In Utah Code 13-26-5
- Division: means the Division of Consumer Protection. See Utah Code 13-26-2
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Premium: means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services. See Utah Code 13-26-2
- Seller: means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that:
(8)(a) on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation:(8)(a)(i) makes a telephone solicitation; or(8)(a)(ii) causes a telephone solicitation to be made; or(8)(b) through a telephone solicitor:(8)(b)(i) makes a telephone solicitation; or(8)(b)(ii) causes a telephone solicitation to be made. See Utah Code 13-26-2- solicitor: means an individual who engages in a telephone solicitation on behalf of a seller. See Utah Code 13-26-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)(2)(a) Except as provided in Subsections (2)(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 before midnight of the third business day after the day on which the person receives the merchandise or premium, whichever is later, provided the seller or the seller’s solicitor advises the purchaser of the purchaser’s cancellation rights under this chapter at the time the solicitation is made.(2)(b) 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.(2)(c) 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.(2)(d) Except as provided in Subsection (5), a seller shall provide a full refund to a purchaser who cancels a sale in accordance with this section.(3) A purchaser may cancel a sale by:(3)(a) mailing a notice of cancellation to the seller or seller’s solicitor’s correct address, postage prepaid; or(3)(b) if the seller or the seller’s solicitor fails to provide the purchaser with the seller’s or the seller’s solicitor’s correct address, sending a notice of cancellation to the division‘s office, postage prepaid.(4)(4)(a) If a purchaser cancels a sale and the seller or the seller’s solicitor provides the purchaser with the seller’s correct address, the purchaser shall, within seven business days after the day on which the purchaser exercises the right to cancel, make a reasonable attempt to:(4)(a)(i) if the canceled sale involves durable goods, return the goods to the seller; or(4)(a)(ii) if the canceled sale involves expendable goods, return any unused portion of the goods to the seller.(4)(b) If the seller or the seller’s solicitor fails to provide to a purchaser the seller’s correct address, a purchaser who cancels a sale is not required to return any canceled goods to the seller.(5)(5)(a) If the purchaser who cancels a sale has used any portion of the services or goods purchased, the purchaser shall provide the seller a reasonable allowance for the value given.(5)(b) A seller may deduct the reasonable allowance described in Subsection (5)(a) from any refund due the purchaser.