- § 10-1-390 - Short Title
This part shall be known and may be cited as the "Fair Business Practices Act of 1975."
- § 10-1-391 - Purpose and Construction of Part
(a) The purpose of this part shall be to protect consumers and legitimate business enterprises from unfair or deceptive practices in the conduct of...
- § 10-1-392 - Definitions; When Intentional Violation Occurs
(a) As used in this part, the term: (1) "Attorney General" means the Attorney General or his or her designee. (2) "Campground membership" means...
- § 10-1-393 - Unfair or Deceptive Practices in Consumer Transactions Unlawful; Examples
(a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are declared...
- § 10-1-393.1 - Office Supply Transactions; Solicitations for Telephone Directory Listings
(a) Unfair or deceptive acts or practices by an office supplier in the conduct of office supply transactions in trade or commerce are declared...
- § 10-1-393.2 - Requirements for Health Spas
(a) Health spas shall comply with the provisions of this Code section.(b) A written contract shall be employed which shall constitute the entire agreement...
- § 10-1-393.3 - Prohibited Use of Purchaser's Credit Card Information by Merchant
(a) As used in this Code section, the term "merchant" means any person who offers goods, wares, merchandise, or services for sale to the...
- § 10-1-393.4 - Pricing Practices During State of Emergency
(a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which...
- § 10-1-393.5 - Prohibited Telemarketing, Internet Activities, or Home Repair
(a) For purposes of this Code section, the term "telemarketing" shall have the same meaning which it has under 16 Code of Federal Regulations...
- § 10-1-393.6 - Unlawful Telemarketing Transactions; Criminal Penalty
(a) For purposes of this Code section, the term "telemarketing" shall have the same meaning which it has under Code Section 10-1-393.5.(b) Without otherwise...
- § 10-1-393.7 - Solicitation During Final Illness; Penalty
(a) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part, it shall be unlawful for any person to...
- § 10-1-393.8 - Protection From Disclosure of an Individual's Social Security Number
(a) Except as otherwise provided in this Code section, a person, firm, or corporation shall not: (1) Publicly post or publicly display in any...
- § 10-1-393.9 - Registration of Private Child Support Collectors; Surety Bond or Alternative
(a) Private child support collectors shall register with the Secretary of State and shall provide information as requested by the Secretary of State, including,...
- § 10-1-393.10 - Filing of Contracts for Collection; Requirements for Contracts; Role of Collector; Cancellation of Contract; Forwarding of Payments
(a) Any contract for the collection of child support between a private child support collector and an obligee shall be filed by the private...
- § 10-1-393.11 - Display of Disclosure Statement Concerning Kosher Foods; Required Information; Exception
(a) A person who makes a representation regarding kosher food shall prominently and conspicuously display on the premises on which the food is sold,...
- § 10-1-393.12 - Definitions; Contract With Residential Roofing Contractor
(a) As used in this Code section, the term: (1) "Residential real estate" means a new or existing building constructed for habitation by one...
- § 10-1-393.13 - Oversight by Attorney General of Certain Telemarketing Practices; Definitions; Conduct by Telephone Solicitors; Class Actions
(a) As used in this Code section, the term: (1) "ADAD equipment" means any device or system of devices which is used, whether alone...
- § 10-1-393.14 - Consumer Report for Employment Purposes
(a) As used in this Code section, the term: (1) "Adverse effect" means: (A) A denial of employment; (B) Any other decision for employment...
- § 10-1-394 - Adoption of Rules, Regulations, and Standards Prohibiting Unfair or Deceptive Practices; Application of Chapter 13 of Title 50
(a) The Attorney General is authorized to adopt reasonable rules, regulations, and standards appropriate to effectuate the purposes of this part and prohibit specific...
- § 10-1-395 - Authority and Duties of Attorney General; Consumer Advisory Board; Relations With Other Regulatory Agencies
(a) The Attorney General shall have the necessary powers and authority to carry out the duties vested in him or her pursuant to this...
- § 10-1-396 - Acts Exempt From Part
Nothing in this part shall apply to: (1) Actions or transactions specifically authorized under laws administered by or rules and regulations promulgated by any...
- § 10-1-397 - Authority of Attorney General to Issue Cease and Desist Order or Impose Civil Penalty; Judicial Relief; Receivers
(a) As used in this Code section, the term: (1) "Call" means any communication, message, signal, or transmission. (2) "Telecommunications company" shall have the...
- § 10-1-397.1 - Initiation or Intervention by Attorney General
The Attorney General is authorized to initiate or intervene as a matter of right or otherwise appear in any federal court or administrative agency...
- § 10-1-398 - Stay of Cease and Desist Order; Hearing
(a) Any person receiving a cease and desist order from the Attorney General, and who demonstrates in any superior court of competent jurisdiction, after...
- § 10-1-398.1 - Judicial Review
Any person who has exhausted all administrative remedies available and who is aggrieved by a final decision in a contested case is entitled to...
- § 10-1-399 - Civil or Equitable Remedies by Individuals
(a) Any person who suffers injury or damages as a result of a violation of Chapter 5B of this title, as a result of...
- § 10-1-400 - Limitation on Recovery in Case of Bona Fide Error
In any action in which damages are demanded under Code Section 10-1-399, recovery will be limited to the amount, if any, by which the...
- § 10-1-401 - Limitation of Actions; Right to Set Off Damages or Penalties Not Limited
(a) No private right of action shall be brought under this part: (1) More than two years after the person bringing the action knew...
- § 10-1-402 - Assurances of Voluntary Compliance
In the administration of this part the Attorney General may accept an assurance of voluntary compliance with respect to any act or practice deemed...
- § 10-1-403 - Investigations; Demands for Evidence
(a) When it reasonably appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in...
- § 10-1-404 - Attorney General's Subpoena and Hearing Powers; Procedural Rules; Court Enforcement Orders; Self-Incrimination; Confidentiality
(a) To carry out the duties prescribed by Code Sections 10-1-394, 10-1-395, 10-1-397, 10-1-398, and 10-1-403, the Attorney General, in addition to other powers...
- § 10-1-405 - Civil Penalties; Individual Liability
(a) Any person who violates the terms of an injunction issued under Code Section 10-1-397 shall forfeit and pay to the state a civil...
- § 10-1-406 - Duty of Prosecuting Attorneys
Whenever an investigation has been conducted under this article and such investigation reveals conduct which constitutes a criminal offense, the Attorney General shall have...
- § 10-1-407 - Part Not Exclusive
This part is cumulative with other laws and is not exclusive. The rights or remedies provided for in this part shall be in addition...
- § 10-1-408 - Continuing Validity of Previously Adopted Rules, Orders, Actions, and Regulations
Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to the Fair Business Practices Act of...
Last modified: October 14, 2016