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UT telemarketing rules

Utah telemarketing rules

Utah requires nonexempt telephone sellers to register with the Division of Consumer Protection, bars telephone solicitations to residential and cellular phones without prior express consent before 8 a.m., after 9 p.m., on Sundays, and on legal holidays, and restricts automated dialing systems.

From official sources, checked September 26, 2026. General information, not legal advice.

Key facts

  • Senate Bill 38 of the 2026 General Session renumbered and amended Utah's Telephone Fraud Prevention Act, effective May 6, 2026.
  • Utah's definition of telephone solicitation includes a nonexempt seller inducing a prospective purchaser, over the telephone, to make and keep an appointment that directly results in a purchase.
  • A seller registration is effective for one year after the Division approves it, and a renewal application is due at least 30 days before it expires.
  • A telephone solicitor using an automated telephone dialing system must disconnect it from the line within 25 seconds after the called person ends the call.
  • Each unsolicited call made in violation of Utah's national do not call registry rule is a separate violation.

Seller registration with the Division of Consumer Protection

Utah Code 13-26-102, 13-26-104

Unless exempt, a seller must register annually with the Division of Consumer Protection before engaging in telephone solicitations that originate in Utah or are received in Utah, or if the seller or its solicitor conducts a business operation in Utah. The application names a registered agent in Utah and includes a fingerprint card and consent to a criminal background check. The seller must keep a surety bond or a certificate of deposit, sized by its number of employees and by whether the seller or an affiliated person violated the Act in the prior three years. Exemptions include brokers, agents, dealers, and sales professionals licensed in Utah and acting within that license, publicly traded companies and their subsidiaries, and regulated depository institutions and insurers. Exempt persons remain subject to the Act's penalty and prohibited practice sections.

No evening, Sunday, or holiday solicitations

Utah Code 13-25a-102(8), 13-25a-103(3)

Without prior express consent, a person may not make a telephone solicitation to a residential telephone or cellular telephone between 9 p.m. and 8 a.m. local time, on a Sunday, or on a legal holiday. Utah defines a telephone solicitation as a call or message for a commercial purpose or to seek a financial donation. That includes calls encouraging a purchase, rental, or investment, soliciting credit, gathering information for a direct sale, or encouraging the person called to sell real or personal property.

Automated dialing systems need consent

Utah Code 13-25a-103(1), (2), (4); 13-25a-107

A person may not operate or authorize the operation of an automated telephone dialing system to make a telephone solicitation unless the person called gave prior express consent agreeing to receive a telephone solicitation from a specific solicitor, or the solicitor has an established business relationship with that person. Utah defines that system as equipment that stores or produces numbers, calls them, and connects the call to a recorded message or artificial voice. The same section bars telephone solicitations that violate 47 U.S.C. 227. A person may sue after a single call that breaks the automated dialing, calling hours, identification, or caller ID rules.

The national registry and company requests

Utah Code 13-25a-108, 13-25a-107.2, 13-25a-102(4), (10)

A person may not make an unsolicited telephone call to a person located in Utah at a Utah number on the national do not call registry kept by the Federal Trade Commission, or at another listed number when the caller knows or reasonably should know the person is in Utah. A telephone solicitor also may not call someone who told it, in writing or orally, that they do not want its calls, though a solicitor that complies with 16 C.F.R. 310.4(b)(3) and (4) is not liable under that section. Calls made at the person's express request, about an unfinished debt or contract, or within an established business relationship are not unsolicited.

Disclosures and cancellation rights

Utah Code 13-26-105; 13-25a-103(5), (6)

Before engaging in a solicitation with a consumer, a seller or its solicitor must orally give the seller's or solicitor's legal name, telephone number, complete mailing address, and email address. A purchaser may cancel at or before 11:59 p.m. on the third business day after receiving the merchandise or premium, if told of that right during the solicitation; if not told, the period extends to 90 days. Under the solicitation act, callers must identify themselves, the business they call for, and the purpose of the call, and must stop when the person gives a negative response. A solicitor may not withhold its number from caller ID when its service or equipment can display it.

Recording calls

Utah Code 77-23a-4(7)(b)

Utah's Interception of Communications Act lets a person not acting under color of law intercept a wire, electronic, or oral communication if that person is a party to it or one of the parties has given prior consent, unless the interception is for the purpose of committing a criminal or tortious act. A person who violates the Act's interception rule is guilty of an offense and, when applicable, is subject to a civil action.

Questions

Does appointment setting count as telephone solicitation in Utah?

The Telephone Fraud Prevention Act's definition includes a nonexempt seller that, over the telephone, induces a prospective purchaser to make and keep an appointment that directly results in a purchase that would not have occurred without the solicitation. The definition also covers making or causing an unsolicited telephone call, including calls made with an automated telephone dialing system.

Does Utah registration apply to a company calling from another state?

Registration applies to nonexempt sellers whose telephone solicitations originate in Utah or are received in Utah, or that conduct a business operation in Utah. The Division of Consumer Protection says each telephone soliciting business must register annually before engaging in telephone solicitations unless it is exempt.

What changed in Utah telemarketing law in 2026?

Senate Bill 38 took effect May 6, 2026. It renumbered the Telephone Fraud Prevention Act, limited the required security to a surety bond or a certificate of deposit, and added a rule that a seller or its solicitor orally give its legal name, telephone number, mailing address, and email address before a solicitation.

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