Utah Code § 31A-6a-105

Current through the 2024 Third Special Session
Section 31A-6a-105 - Prohibited acts
(1) Except as provided in Subsection 31A-6a-104(2), a service contract provider or warrantor may not use in the service contract provider or warrantor's name, a contract, or literature:
(a) any of the following words:
(i) "insurance";
(ii) "casualty";
(iii) "surety";
(iv) "mutual"; or
(v) another word descriptive of the insurance, casualty, or surety business; or
(b) a name deceptively similar to the name or description of:
(i) an insurance or surety corporation; or
(ii) another service contract provider.
(2) A service contract provider, a service contract provider's representative, a warrantor, or a warrantor's representative may not:
(a) make, permit, or cause to be made a false or misleading statement in connection with the sale, offer to sell, or advertisement of a service contract or vehicle protection product; or
(b) deliberately omit a material statement that would be considered misleading if omitted, in connection with the sale, offer to sell, or advertisement of a service contract or vehicle protection product.
(3) A bank, savings and loan association, insurance company, or other lending institution may not require the purchase of a service contract as a condition of a loan.
(4) Except for a bank, savings and loan association, industrial bank, or credit union, a service contract provider may not sell, or be the obligated party for:
(a) a guaranteed asset protection waiver, unless registered with the commissioner under Chapter 6b, Guaranteed Asset Protection Waiver Act;
(b) a debt cancellation agreement, unless licensed by the commissioner; or
(c) a debt suspension agreement, unless licensed by the commissioner.
(5) A warrantor or the warrantor's representative may not:
(a) require the purchase of a vehicle protection product as a condition of the financing, lease, or purchase of a motor vehicle; or
(b) sell a vehicle protection product to a consumer before providing the consumer, for review, a copy of the vehicle protection product warranty that is filed with the Department of Insurance.

Utah Code § 31A-6a-105

Amended by Chapter 319, 2018 General Session ,§ 14, eff. 5/8/2018.
Amended by Chapter 244, 2015 General Session ,§ 6, eff. 5/12/2015.
Amended by Chapter 274, 2010 General Session