Utah has taken a bold step forward in protecting its residents from deceptive business practices with a newly enacted consumer protection law that shifts the burden of proof away from consumers. Let’s look closer as Utah strengthens consumer protection laws. This is a game changer from a legal perspective.
Instead of requiring victims to show that a business knowingly or intentionally deceived them, the new law makes any deceptive act illegal — regardless of intent.
This legislative change could serve as a powerful model for other states looking to bolster their own consumer protection frameworks, especially as reports of misleading and unfair practices continue to rise.
What Prompted the Change?
Utah residents like Marlow Springer, Eliza Allen, and Whitney Clyde were among many who found themselves misled by businesses and highlighted by KSLTV:
- Springer tried returning speakers after a “100-day trial” promise — only to be told the computer system didn’t allow it.
- Allen paid a deposit for a tattoo but never heard from the artist again.
- Clyde paid for outdoor lighting that never came, along with a growing list of other customers.
These real-life examples underscore the uphill battle many consumers have historically faced in holding deceptive businesses accountable. Even when a company’s actions appeared blatantly misleading—whether through false promises, hidden fees, or manipulative sales tactics—the burden of proof often fell unfairly on the consumer.
The Core Challenge:
Demonstrating that a business intended to deceive.
“There was this concept of, ‘Did you know what you were going to do? Did you know that it was inherently deceptive?” explained Katie Hass, Director of the Utah Division of Consumer Protection.
Her statement highlights a critical gap in consumer protection law: proving that a company deliberately misled people wasn’t just difficult—it was nearly impossible without a clear admission or undeniable pattern of wrongdoing. As a result, many harmful business practices went unchecked, leaving consumers frustrated and vulnerable. This legal gray area not only shielded bad actors from consequences but also discouraged legitimate complaints from being pursued. Without a framework that prioritized the impact on consumers—regardless of intent—justice was elusive, and deceptive practices were able to flourish in plain sight.
What the New Law Does
The revamped law now prohibits any deceptive act in a consumer transaction — full stop. Whether or not the business meant to deceive you no longer matters.
Key Changes:
- Intent no longer required: Deceptive acts are illegal even if unintentional.
- Lower burden of proof for consumers: Easier for state regulators and consumers to take action.
- Clearer paths for restitution: Stronger legal remedies for recovering lost money.
- Extra protection for vulnerable populations: Seniors and other at-risk groups now have added safeguards.
“It doesn’t really matter if you knew or should have known that what you’re doing is deceptive.”
— Katie Hass, Director, Utah Division of Consumer Protection
Why Utah’s Law Sets a New National Standard
Most states still require consumers to prove that a business knowingly or intentionally engaged in deceptive practices—a legal hurdle that often lets dishonest companies off the hook. Utah’s new law breaks from that tradition.
By removing the need to show intent, Utah lowers the bar for enforcement and makes it significantly easier for both consumers and regulators to hold businesses accountable. In an era dominated by fast-moving digital transactions and persuasive online marketing, this shift offers a more practical and modern approach to consumer protection.
Utah’s bold move could become a blueprint for other states, many of which are now re-evaluating outdated statutes that haven’t kept pace with the complexity of today’s marketplace.
Final Thoughts: Holding Businesses Accountable
The core message of Utah’s new law is simple: If it’s deceptive, it’s illegal. Period. That puts the responsibility where it belongs — on businesses to operate honestly and transparently.
As Director Hass put it to KSL-TV:
“Companies have to take, almost like a duty of care, to be really careful in what they’re doing so that they are not deceiving consumers.”
This law isn’t just a win for Utah—it’s a potential roadmap for how other states can better shield their citizens from deceptive trade practices.
How Consumers Can Seek Justice
If you believe you’ve been misled by a business in Utah, the first step is to gather documentation—receipts, emails, screenshots, contracts, or any written promises related to the transaction. Next, file a formal complaint with the Utah Division of Consumer Protection, either online or by mail. Their office will review the complaint, investigate the business if necessary, and may take enforcement action on your behalf. In some cases, the division can help you recover lost money or compel the business to make things right. If the issue is more complex, you may also consider consulting a consumer rights attorney. Thanks to the updated law, you no longer need to prove the business intended to deceive you—simply showing that the act itself was deceptive is now enough to trigger action.
Disclosure: This article is for information purposes only and is not intended as legal advice.
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Led by attorneys J. Andrew Meyer and Michael D. Finn with over 75 years of combined legal experience. The Finn Law Group is a national consumer protection firm that specializes in Timeshare Law. If you feel you need the services of an attorney, get a free consultation from our office today. Call 855-FINN-LAW for an appointment. Want more on consumer protection issues? Follow us on X.