HB 29

02-02 09:44  1st Sub. (Buff) H.B. 29
  Tyler Clancy proposes the following substitute bill:
1Unfair and Deceptive Pricing Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Tyler Clancy
  Senate Sponsor: Evan J. Vickers
2
3   LONG TITLE
4   General Description:
5This bill modifies provisions relating to unfair and deceptive pricing.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ prohibits hidden fees by requiring the clear and conspicuous disclosure of the total price
10   in an advertisement or an offer for a product;
11▸ directs the Division of Consumer Protection to administer and enforce the chapter; and
12▸ grants the Division of Consumer Protection the power to impose a fine and seek court
13   relief.
14   Money Appropriated in this Bill:
15None
16   Other Special Clauses:
17This bill provides a special effective date.
18   Utah Code Sections Affected:
  1st Sub. H.B. 29
19   AMENDS:
2013-2-1 (Effective 07/01/26) (Superseded 07/01/26), as last amended by Laws of Utah
212025, Chapters 51, 181, 237, and 269
22   ENACTS:
2313-82-101 (Effective 07/01/26), Utah Code Annotated 1953
2413-82-102 (Effective 07/01/26), Utah Code Annotated 1953
2513-82-103 (Effective 07/01/26), Utah Code Annotated 1953
2613-82-104 (Effective 07/01/26), Utah Code Annotated 1953
27
28   Be it enacted by the Legislature of the state of Utah:
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29Section 1. Section 13-2-1 is amended to read:
3013-2-1 (Effective 07/01/26) (Superseded 07/01/26). Consumer protection division
31   established -- Functions.
32   (1) There is established within the Department of Commerce the Division of Consumer
33Protection.
34   (2) The division shall administer and enforce the following:
35(a) Chapter 10a, Music Licensing Practices Act;
36(b) Chapter 11, Utah Consumer Sales Practices Act;
37(c) Chapter 15, Business Opportunity Disclosure Act;
38(d) Chapter 20, New Motor Vehicle Warranties Act;
39(e) Chapter 21, Credit Services Organizations Act;
40(f) Chapter 22, Charitable Solicitations Act;
41(g) Chapter 23, Health Spa Services Protection Act;
42(h) Chapter 25a, Telephone and Facsimile Solicitation Act;
43(i) Chapter 26, Telephone Fraud Prevention Act;
44(j) Chapter 28, Prize Notices Regulation Act;
45(k) Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
46Transaction Information Act;
47(l) Chapter 34, Utah Postsecondary School and State Authorization Act;
48(m) Chapter 41, Price Controls During Emergencies Act;
49(n) Chapter 42, Uniform Debt-Management Services Act;
50(o) Chapter 49, Immigration Consultants Registration Act;
51(p) Chapter 51, Transportation Network Company Registration Act;
52(q) Chapter 52, Residential Solar Energy Consumer Protection Act;
53(r) Chapter 53, Residential, Vocational [or] and Life Skills Program Act;
54(s) Chapter 54, Ticket Website Sales Act;
55(t) Chapter 56, Ticket Transferability Act;
56(u) Chapter 57, Maintenance Funding Practices Act;
57(v) Chapter 61, Utah Consumer Privacy Act;
58(w) Chapter 64, Vehicle Value Protection Agreement Act;
59(x) Chapter 65, Utah Commercial Email Act;
60(y) Chapter 67, Online Dating Safety Act;
61(z) Chapter 68, Lawyer Referral Consultants Registration Act;
62(aa) Chapter 70, Automatic Renewal Contracts Act;
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02-02 09:44  1st Sub. (Buff) H.B. 29
63(bb) Chapter 71, Utah Minor Protection in Social Media Act;
64(cc) Chapter 72a, Artificial Intelligence Applications Relating to Mental Health; and
65(dd) Chapter 78, Earned Wage Access Services Act[.] ; and
66(ee) Chapter 82, Unfair and Deceptive Pricing Act.
67   (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
68division may make rules to establish:
69(a) a public list that identifies a person that:
70(i) violates a chapter described in Subsection (2);
71(ii) without proper legal justification, fails to comply with an order, subpoena,
72judgment, or other legal process issued by:
73(A) the division; or
74(B) a court [of competent] with jurisdiction; or
75(iii) breaches a settlement agreement, stipulation, assurance of voluntary compliance,
76or similar instrument signed by the person and the division; and
77(b) a process by which a person may be removed from the list the division establishes as
78described in Subsection (3)(a).
79Section 2. Section 13-82-101 is enacted to read:
80CHAPTER 82. Unfair and Deceptive Pricing Act
81Part 1. General Provisions
8213-82-101 (Effective 07/01/26). Definitions.
83      As used in this chapter:
84   (1) "Clearly and conspicuously" means the same as that term is defined in the Code of
85Federal Regulations, Title 16, Chapter I, Subchapter D, Rule on Unfair or Deceptive
86Fees, Part 464.
87   (2) "Consumer" means an individual who enters into a consumer transaction.
88   (3) "Consumer transaction" means the same as that term is defined in Section 13-11-3.
89   (4) "Final price" means the total price and any:
90(a) government charge; and
91(b) shipping charge.
92   (5) "Government charge" means a fee that a government entity imposes on a product and
93includes a tax.
94   (6)(a) "Mandatory ancillary charge" means a fee that a person requires a consumer to
95pay to purchase a product.
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96(b) "Mandatory ancillary charge" includes a fee that a person requires based on the form
97of payment that the consumer uses.
98(c) "Mandatory ancillary charge" does not include:
99(i) a fee for a utility;
100(ii) a finance charge, a penalty, or interest, calculated as a percentage or fixed sum,
101for contractual non-compliance; or
102(iii) a mandatory gratuity charge as a percentage of the total price of a consumer
103transaction if the mandatory gratuity charge is clearly and conspicuously disclosed
104before the consumer engages in the consumer transaction.
105   (7) "Pricing information" means information about the charges for a product.
106   (8) "Product" means a good, a service, a tangible property, or an intangible property that is
107the subject of a consumer transaction.
108   (9) "Shipping charge" means a fee that a person charges to send a product to a consumer.
109   (10) "Total price" means the total amount a consumer pays to a person for a product,
110including any mandatory ancillary charge.
111   (11)(a) "Utility" means a service a third party provides to a consumer who rents from a
112person and that the Division of Public Utilities regulates.
113(b) "Utility" does not include:
114(i) a service that a person charging rent includes in the rent amount; or
115(ii) a service that a person charging rent controls.
116Section 3. Section 13-82-102 is enacted to read:
11713-82-102 (Effective 07/01/26). Hidden fees prohibited.
118   (1) A person shall clearly and conspicuously disclose the total price when, in the course of
119the person's business, vocation, or occupation, the person advertises, displays, or offers a
120price for a product.
121   (2) If a person displays the final price for a transaction in an offer, a display, or an
122advertisement, the person shall disclose the final price more prominently than any other
123pricing information.
124   (3)(a) A person may not misrepresent the purpose or the amount of a mandatory
125ancillary charge.
126(b) A person may not inflate a government charge, a shipping charge, or a charge the
127person otherwise incurs.
128Section 4. Section 13-82-103 is enacted to read:
12913-82-103 (Effective 07/01/26). Exemptions.
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130   (1) This chapter does not apply to a person that provides broadband internet access service,
131as defined in 47 C.F.R. Sec. 8.1(b), as a stand-alone service or as a part of a bundle, if
132the person complies with:
133(a) the broadband consumer label requirements described in 47 C.F.R. Sec. 8.1(a); and
134(b) the disclosure requirements described in 47 C.F.R. Sec. 64.2401, or 47 C.F.R. Sec.
13576.310.
136   (2) This chapter does not apply to a financial institution or an affiliate of a financial
137institution governed by Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. Sec. 6801 et
138seq.
139   (3) This chapter does not apply to a person with express preemption under federal law.
140Section 5. Section 13-82-104 is enacted to read:
14113-82-104 (Effective 07/01/26). Administration and enforcement -- Powers --
142   Legal counsel -- Fees.
143   (1) The division shall administer and enforce the provisions of this chapter in accordance
144with Chapter 2, Division of Consumer Protection.
145   (2)(a) In addition to the division's enforcement powers under Chapter 2, Division of
146Consumer Protection:
147(i) the division director may issue an order imposing an administrative fine of up to
148$2,500 for each violation of this chapter; and
149(ii) the division may bring an action in a court with jurisdiction to enforce a provision
150of this chapter.
151(b) In a court action the division brings to enforce a provision of this chapter, the court
152may, in addition to any other remedies the court awards, issue an order:
153(i) declaring that an act or practice violates a provision of this chapter;
154(ii) issuing an injunction for a violation of this chapter;
155(iii) disgorging the money received in violation of this chapter;
156(iv) directing payment of disgorged money to an injured consumer; or
157(v) imposing a fine of up to $2,500 for each violation of this chapter.
158   (3) If a court with jurisdiction grants judgment or injunctive relief to the division, the court
159shall award the division:
160(a) reasonable attorney fees;
161(b) court fees; and
162(c) investigative fees.
163   (4)(a) In addition to fines described in Subsection (2), the division may impose a civil
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164penalty of up to $5,000 for each violation of an administrative order or a court order
165issued for a violation of this chapter.
166(b) The division may impose a civil penalty authorized under this section through a civil
167action.
168   (5) The division shall deposit money received for the payment of a fine or civil penalty
169imposed under this section into the Consumer Protection Education and Training Fund
170created in Section 13-2-8.
171   (6) Nothing in this chapter shall displace any other available remedies or rights authorized
172by the laws of this state or the United States.
173Section 6. Effective Date.
174   This bill takes effect on July 1, 2026.
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