HB 29 — Unfair and Deceptive Pricing Amendments

(h) Chapter 25a, Telephone and Facsimile Solicitation Act;

(i) Chapter 26, Telephone Fraud Prevention Act;

(j) Chapter 28, Prize Notices Regulation Act;

(k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act;

(l) Chapter 34, Utah Postsecondary School and State Authorization Act;

(m) Chapter 41, Price Controls During Emergencies Act;

(n) Chapter 42, Uniform Debt-Management Services Act;

(o) Chapter 49, Immigration Consultants Registration Act;

(p) Chapter 51, Transportation Network Company Registration Act;

(q) Chapter 52, Residential Solar Energy Consumer Protection Act;

(r) Chapter 53, Residential, Vocational or Life Skills Program Act;

(s) Chapter 54, Ticket Website Sales Act;

(t) Chapter 56, Ticket Transferability Act;

(u) Chapter 57, Maintenance Funding Practices Act;

(v) Chapter 61, Utah Consumer Privacy Act;

(w) Chapter 64, Vehicle Value Protection Agreement Act;

(x) Chapter 65, Utah Commercial Email Act;

(y) Chapter 67, Online Dating Safety Act;

(z) Chapter 68, Lawyer Referral Consultants Registration Act;

(aa) Chapter 70, Automatic Renewal Contracts Act;

(bb) Chapter 71, Utah Minor Protection in Social Media Act;

(cc) Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;

(dd) Chapter 78, Earned Wage Access Services Act;[ and] - 4 - HB0029 compared with HB0029S01 (ee) Chapter 81, Utah Digital Choice Act[.] ;

and (ff) Chapter 82, Unfair and Deceptive Pricing Act.

(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules to establish:

(a) a public list that identifies a person that:

(i) violates a chapter described in Subsection (2);

(ii) without proper legal justification, fails to comply with an order, subpoena, judgment, or other legal process issued by:

(A) the division;

or (B) a court [of competent] with jurisdiction;

or (iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument signed by the person and the division;

and (b) a process by which a person may be removed from the list the division establishes as described in Subsection (3)(a).

Section 13-82-1012 is enacted to read:

CHAPTER13-82-101. 82.

Unfair(Effective and07/01/26)Definitions. Deceptive Pricing Act Part 1.

General82. Provisions 13-82-101 (Effective 07/01/26).

Definitions.Unfair and Deceptive Pricing Act 1.

General Provisions As used in this chapter:

(5) "Government charge" means a fee that a government entity {mandates } imposes on a productproductand and includes a tax.

(6)(a)(6) (a) "Mandatory ancillary charge" means a fee that a {supplier } person requires a consumer to pay to purchase a product.

- 35 - 1stHB0029 Sub.compared with HB0029S01 (b) "Mandatory ancillary charge" includes a fee that a person requires based on the form of payment that the consumer uses.

(Buff)(b){(c)} H.B."Mandatory ancillary charge" does not include {a fee for a utility.} :

29 02-02 09:44 (b) "Mandatory ancillary charge" includes a fee that a person requires based on the form of payment that the consumer uses.

(c) "Mandatory ancillary charge" does not include:

(ii) a finance charge, a penalty, or interest, calculated as a percentage or fixed sum, for contractual non-compliance;non- compliance;

(9) "Shipping charge" means a fee {a supplier } that a person charges to send a product to a consumer.

(10){(10) {"Supplier" means the same as that term is defined in Section 13-11-3.} } (11){(10)} "Total price" means the total amount a consumer pays {a supplier } to a person for a product,product {and } , including any mandatory ancillary charge.

(11)(a)(12){(11)} (a) "Utility" means a service a third party provides to a consumer who rents from a {supplier } person and that the Division of Public Utilities regulates.

(i) a service that a {supplier } person charging rent includes in the rent amount;

or (ii) a service that a {supplier } person charging rent controls.

Section 13-82-1023 is enacted to read:

13-82-10213-82-102. (Effective 07/01/26).

Hidden(Effective 07/01/26)Hidden fees prohibited.

(1) A {supplier } person shall clearly and conspicuously disclose the total price when,when {offering, displaying} , in the course of the person's business, vocation, or {advertising the price of } occupation, the person advertises, displays, or offers a price for a product.

(2) If a {supplier } person displays the final price for a transaction in an offer, a display, or an advertisement, the {supplier } person shall disclose the final price more prominently than any other pricing information.

(3)(a)(3) - 6 - HB0029 compared with HB0029S01 (a) A {supplier } person may not misrepresent the purpose or the amount of a mandatory ancillary charge.

(b) A {supplier } person may not inflate a government charge, a shipping charge, or a charge the {supplier } person otherwise incurs.

Section 13-82-1034 is enacted to read:

13-82-10313-82-103. (Effective 07/01/26).

(Effective 07/01/26){Administration and enforcement -- Powers -- Legal counsel -- Fees} Exemptions.

-{(1) 4{The -division 02-02shall 09:44administer 1stand Sub.enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.} } {(2) {The division may request the attorney general to provide legal advice to, and to act as counsel for, the division in the exercise of the division's responsibilities under this chapter.} } {(3) } {(a) {In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:} } {(i) {the division director may issue an order imposing an administrative fine of up to $2,500 for each violation of this chapter;

(Buff)and} H.B.} {(ii) {the division may bring an action in a court with jurisdiction to enforce a provision of this chapter.} } {(b) {In a court action the division brings to enforce a provision of this chapter, the court may, in addition to any other remedies the court awards, issue an order:} } {(i) {declaring that an act or practice violates a provision of this chapter;} } {(ii) {issuing an injunction for a violation of this chapter;} } {(iii) {disgorging the money received in violation of this chapter;} } (1) This chapter does not apply to a person that provides broadband internet access service, as defined in 47 C.F.R.

29 (1) This chapter does not apply to a person that provides broadband internet access service, as defined in 47 C.F.R.

(a)(iv){(a)} {directing payment of disgorged money to an injured } the broadband consumerconsumerlabel label requirements described in 47 C.F.R.

{or} and (b){(v) {imposing a fine of up to $2,500 for each violation of this chapter.} } {(4) {If a court with jurisdiction grants judgment or injunctive relief to the disclosuredivision, requirementsthe describedcourt inshall 47award C.F.R.the division:} } - 7 - HB0029 compared with HB0029S01 {(a) {reasonable attorney fees;} } {(b) {court fees;

and} } {(c) {investigative fees.} } {(5) } {(a) {In addition to fines described in Subsection (3), the division may impose a civil penalty of up to $5,000 for each violation of an administrative order or a court order issued for a violation of this chapter.} } {(b) {The division may impose a civil penalty authorized under this section through a civil action.} } {(6) {The division shall deposit money received for the payment of a fine or civil penalty imposed under this section into the Consumer Protection Education and Training Fund created in Section 13-2-8.} } (b) the disclosure requirements described in 47 C.F.R.

Section 13-82-1045 is enacted to read:

13-82-10413-82-104. (Effective 07/01/26).

(2)(a)(2) (a) In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:

or - 8 - HB0029 compared with HB0029S01 (v) imposing a fine of up to $2,500 for each violation of this chapter.

(4)(a)(4) (a) In addition to fines described in Subsection (2), the division may impose a civil -penalty 5of -up 1stto Sub.$5,000 for each violation of an administrative order or a court order issued for a violation of this chapter.

(Buff) H.B.

29 02-02 09:44 penalty of up to $5,000 for each violation of an administrative order or a court order issued for a violation of this chapter.

Effective date.

2-2-26 9:44 AM - 69 -