Utah Code > Title 13 > Chapter 65 – Utah Commercial Email Act

		Sections
Part 1	General Provisions	13-65-101
Part 2	Restrictions on Commercial Email	13-65-201 – 13-65-203

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Terms Used In Utah Code > Title 13 > Chapter 65 - Utah Commercial Email Act

Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Advertiser: means a person who advertises the person's product, service, or website through the use of commercial email. See Utah Code 13-65-101
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
Assessment bonds: means bonds that are:
(3)(a) issued under Section 11-42-605; and
(3)(b) payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102
Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Commerce: means trade, traffic, commerce, transportation, or communication within the state. See Utah Code 34-20-2
Commercial email: means an email used primarily to:
(2)(a) advertise or promote a commercial website, product, or service; or
(2)(b) solicit money, property, or personal information. See Utah Code 13-65-101
Commission: means the Labor Commission. See Utah Code 34-28-2
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Corporate authorities: means the council, commission, or other governing body of any city, town, or county which fixes hours, wages, salaries, and other conditions of employment. See Utah Code 34-20a-2
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
County executive: means :
     (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
     (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Dependent: A person dependent for support upon another.
Development authority: means :
(18)(a) the Utah Inland Port Authority created in Section 11-58-201; or
(18)(b) the military installation development authority created in Section 63H-1-201. See Utah Code 11-42-102
Division: means the Division of Antidiscrimination and Labor. See Utah Code 34-28-2
Division: means the Division of Consumer Protection. See Utah Code 13-65-101
Docket: A log containing brief entries of court proceedings.
Domain name: means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. See Utah Code 13-65-101
Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including:
     (19)(a) sponsoring festivals and markets;
     (19)(b) promoting business investment or activities;
     (19)(c) helping to coordinate public and private actions; and
     (19)(d) developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102
Electronic mail service provider: means a company or a service that provides routing, relaying, handling, storage, or support for email addresses and email inboxes. See Utah Code 13-65-101
Employee: includes any employee unless this chapter explicitly states otherwise, and includes an individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment. See Utah Code 34-20-2
Employer: includes a person acting in the interest of an employer, directly or indirectly, but does not include:
     (5)(a) the United States;
     (5)(b) a state or political subdivision of a state;
     (5)(c) a person subject to the federal Railway Labor Act;
     (5)(d) a labor organization, other than when acting as an employer;
     (5)(e) a corporation or association operating a hospital if no part of the net earnings inures to the benefit of any private shareholder or individual; or
     (5)(f) anyone acting in the capacity of officer or agent of a labor organization. See Utah Code 34-20-2
Employer: means the same as that term is defined in Utah Code 34-28-2
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
(2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Federal executive agency: means an executive agency, as defined in 5 U. See Utah Code 34-20-2
Federal executive agency: means an executive agency, as defined in Utah Code 34-28-2
Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
Fire fighters: means the full-time, salaried, members of any regularly constituted fire department in any city, town, or county. See Utah Code 34-20a-2
Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
Franchise: means the same as that term is defined in Utah Code 34-20-2
Franchise: means the same as that term is defined in Utah Code 34-28-2
Franchisee: means the same as that term is defined in Utah Code 34-20-2
Franchisee: means the same as that term is defined in Utah Code 34-28-2
Franchisor: means the same as that term is defined in Utah Code 34-20-2
Franchisor: means the same as that term is defined in Utah Code 34-28-2
Fraud: Intentional deception resulting in injury to another.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing body: means :
     (22)(a) for a county, city, or town, the legislative body of the county, city, or town;
     (22)(b) for a special district, the board of trustees of the special district;
     (22)(c) for a special service district:
          (22)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
          (22)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
     (22)(d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
     (22)(e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and
     (22)(f) for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102
Header information: means information attached to an email, including:
     (6)(a) the originating domain name;
     (6)(b) the originating email address;
     (6)(c) the destination;
     (6)(d) the routing information; and
     (6)(e) any other information that appears in the header line identifying, or purporting to identify, a person initiating the message. See Utah Code 13-65-101
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Initiate: means an act of:
(7)(a) originating, transmitting, or sending commercial email; or
(7)(b) promising, paying, or providing other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
Initiator: means a person who:
(8)(a)(i) originates, transmits, or sends commercial email; or
(8)(a)(ii) promises, pays, or provides other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
labor dispute: as used in this chapter include any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee. See Utah Code 34-19-11
Labor dispute: means any controversy between an employer and the majority of the employer's employees in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives. See Utah Code 34-20-2
Labor organization: means an organization of any kind or any agency or employee representation committee or plan in which employees participate that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. See Utah Code 34-20-2
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local entity: means :
     (31)(a) a county, city, town, special service district, or special district;
     (31)(b) an interlocal entity as defined in Section 11-13-103;
     (31)(c) the military installation development authority, created in Section 63H-1-201;
     (31)(d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;
     (31)(e) the Utah Inland Port Authority, created in Section 11-58-201; or
     (31)(f) any other political subdivision of the state. See Utah Code 11-42-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Oversight: Committee review of the activities of a Federal agency or program.
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Person: includes an individual, partnership, association, corporation, legal representative, trustee, trustee in bankruptcy, or receiver. See Utah Code 34-20-2
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
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Plaintiff: The person who files the complaint in a civil lawsuit.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
Recipient: means an addressee of an unsolicited email. See Utah Code 13-65-101
Representative: includes an individual or labor organization. See Utah Code 34-20-2
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Routine conveyance: means an Internet service provider's or email provider's automatic electronic mail message processes, including routing, relaying, handling, or storing through an automatic technical process, for which a person other than the Internet service provider or email provider has identified the electronic mail message recipients and provided the recipients' addresses. See Utah Code 13-65-101
Secondary boycott: includes combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by:
     (14)(a) withholding patronage, labor, or other beneficial business intercourse;
     (14)(b) picketing;
     (14)(c) refusing to handle, install, use, or work on particular materials, equipment, or supplies; or
     (14)(d) by any other unlawful means, in order to bring him against his will into a concerted plan to coerce or inflict damage upon another. See Utah Code 34-20-2
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
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
Statute: A law passed by a legislature.
Summons: Another word for subpoena used by the criminal justice system.
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testify: Answer questions in court.
Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Unfair labor practice: means any unfair labor practice listed in Section 34-20-8. See Utah Code 34-20-2
Unincorporated entity: means an entity organized or doing business in the state that is not:
          (1)(h)(i) an individual;
          (1)(h)(ii) a corporation; or
          (1)(h)(iii) publicly traded. See Utah Code 34-28-2
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unsolicited commercial email: means a commercial email sent by an advertiser to a recipient that:
(12)(a) has not provided direct consent to the advertiser to receive the commercial email; and
(12)(b) does not have a preexisting or current relationship with the advertiser. See Utah Code 13-65-101
Utah email address: means an email address that :
     (13)(a) is provided by an electronic mail service provider that sends bills for providing and maintaining that email address to a mailing address in this state;
     (13)(b) is ordinarily accessed from a computer located in this state;
     (13)(c) is provided to an individual who is currently a resident of this state; or
     (13)(d) results in delivery of an email to a server in Utah. See Utah Code 13-65-101
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
wages: shall mean all amounts due the employee for labor or services, whether the amount is fixed or ascertained on a time, task, piece, commission basis or other method of calculating such amount. See Utah Code 34-26-4
Wages: means the amounts due the employee for labor or services, whether the amount is fixed or ascertained on a time, task, piece, commission basis or other method of calculating such amount. See Utah Code 34-28-2
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5