Utah Deposit Rules r152-11 (2022)
Utah Deposit Rules r152-11 (2022)
TABLE
(c) An advertisement for a consumer commodity sold from outlets not under the direct
control of the supplier causing the advertisement to be made does not violate Section 2a(4)(a) or
2a(4)(b) of this rule if it states that the consumer commodity is available only at participating
independent dealers.
(5) An advertisement for any consumer commodity requiring installation must reflect the
exact price of the commodity and if the price includes installation or if installation is additional.
(6) If the advertised price is available only during certain hours of the day or certain days
of the week that fact must be stated along with the hours and days the price is available.
(7) If the advertisement involves or pictures more than one consumer commodity (for
example: a sofa, cocktail table and two commodes) and the advertised price applies only if the
complete set is purchased, that fact must be stated.
(8) If there is a minimum amount (or maximum amount) that must be purchased for the
advertised price to apply, that fact must be stated.
(9) If an advertisement specifies a price for a consumer commodity which includes a trade-
in, that fact must be stated. For example: a 6 volt battery for $50.00 plus your old battery.
(10) If there are "additional" items that must be purchased for the advertised price to apply
that fact must be so stated.
(11) These examples are intended to be illustrative only and do not limit the scope of any
section of the Utah Consumer Sales Practices Act or of this or any other rule or regulation.
B. Offers made orally, such as through radio or television advertising, must include a
conspicuously clear and oral statement of any material exclusions, reservations, modifications, or
conditions.
C. If an error is made in advertising, either by pricing, wording, picture, or description, it
shall be the responsibility of the supplier to retract or correct the error. A retraction is necessary
when it cannot be shown that the error was due to the fault of the advertising medium. If it can be
documented that the responsibility rests with the advertising medium, a retraction by the supplier is
not necessary but the supplier may post a correction in close proximity to the merchandise which
was advertised incorrectly.
R152-11-6. Prizes.
A. It shall be a deceptive act or practice in connection with a consumer transaction for a
supplier to notify in any way a consumer or prospective consumer that he has (1) won a prize or will
receive anything of value, or (2) been selected, or is eligible, to win a prize or receive anything of
value, if the receipt of the prize or thing of value is conditioned upon the consumer's listening to or
observing a sales promotional effort or entering into a consumer transaction, unless the supplier
clearly and explicitly discloses, at the time of notification of the prize, that an attempt will be made
to induce the consumer or prospective consumer to undertake a monetary obligation irrespective of
whether that obligation constitutes a consumer transaction. If a supplier states or implies a value to
the prize or thing of value the true market value of such prize must be accurately stated. A supplier
must further state that the prize or thing of value could not benefit the consumer or prospective
consumer without the expenditure of the consumer's or prospective consumer's time or
transportation expense, or that a salesman will be visiting the consumer's or prospective consumer's
residence; if such is the case.
B. A statement to the effect that the consumer or prospective consumer must observe or
listen to a "demonstration" or promotional effort in connection with a consumer transaction does not
satisfy the requirements of this rule, unless it is reasonably clear from the information supplied to
the consumer that the supplier is in the business of making consumer sales or that the intent is to
encourage or induce the consumer to undertake a monetary obligation irrespective of whether that
obligation constitutes a consumer transaction.
R152-11-7. New for Used.
A. Except as provided in Section 7c and d of this rule, it shall be a deceptive act or practice
in connection with a consumer transaction for a supplier to represent, directly or indirectly, that an
item of consumer commodity, or that any part of an item of consumer commodity, is new or unused
when such is not the fact, or to misrepresent the extent of previous use thereof, or to fail to make
clear and conspicuous disclosures, prior to time of offer, to the consumer or prospective consumer
that an item of consumer commodity has been used.
B. For the purpose of this rule, "used" shall include rebuilt, re-manufactured, reconditioned
consumer commodity or parts, thereof, or used either as a demonstrator or as a consumer
commodity by a previous consumer.
C. For the purpose of this rule, a returned consumer commodity which has not been used
by a previous purchaser, shall be considered new or unused.
D. The disclosure that an item of consumer commodity has been used or contains used
parts as required by Section 7a may be made by use of words such as, but not limited to, "used";
"second hand"; "repaired"; "re-manufactured"; "reconditioned"; "rebuilt"; or "reline"; whichever is
applicable to the item of consumer commodity involved.