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Utah Consumer Law Questions & Answers
0 Answers | Asked in Business Law, Tax Law and Consumer Law for Utah on
Q: Is it legal to add an automatic gratuity to open tabs at a bar in Utah and use signage for customer notification?

I'm a bar owner in Park City and we're handling a large number of open tabs each weekend due to pre-authorizing credit cards and returning them to customers. Many don't close their tabs. We've considered adding an automatic gratuity if the tab isn't closed by the end of the... View More

0 Answers | Asked in DUI / DWI, Traffic Tickets and Consumer Law for Utah on
Q: Can I fight tickets for suspended license and no breathalyzer if insurance was valid in Utah?

I was pulled over because an officer ran my plates and it indicated I didn't have insurance; however, my insurance was valid, and I have proof from my agent. During the stop, the officer informed me that my license was suspended and that I was required to have a breathalyzer in the vehicle,... View More

2 Answers | Asked in Collections, Consumer Law, Bankruptcy and Lemon Law for Utah on
Q: Seeking legal help for wrongful wage garnishment in Utah over a time-barred debt related to a lemon vehicle purchase.

I am seeking legal assistance regarding a wrongful wage garnishment related to an old debt associated with a vehicle purchase. The vehicle, a lemon, became inoperable the year I purchased it, and I have not possessed it for well over the statute of limitations period in Utah. Despite this, a debt... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

You should hire a lawyer to sue the debt collector as you have some pretty substantial damages. Looks like a pretty easy case to prove on your part.

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0 Answers | Asked in Consumer Law and Civil Rights for Utah on
Q: Can my parents legally control my phone usage and lock it?

I am 21 years old and live with my parents, who pay for my phone. They use the app Quistodio to monitor my phone usage and can lock my phone completely or restrict it to select apps. I believe I am listed as a user on their phone plan. I have offered to contribute financially, but my mother... View More

0 Answers | Asked in Consumer Law and Real Estate Law for Utah on
Q: Can I retrieve belongings from an impounded car in Salt Lake City due to expired registration?

I have a car that was impounded in Salt Lake City due to expired registration. I contacted the impound lot, and they informed me that I'm not allowed to retrieve my personal belongings from the car since I can't afford to get the vehicle out. Is this standard policy, and is there any... View More

0 Answers | Asked in Consumer Law and Contracts for Utah on
Q: Can I get a refund for a non-required extended warranty from a car dealer?

I bought a used car from the Tim Dahle dealership in Salt Lake City on February 22, 2025. The car cost $9,500, and I made a down payment of $3,000. During the signing, the dealership made it seem like an extended warranty costing $3,000 was required, so I agreed. However, upon reviewing the... View More

1 Answer | Asked in Consumer Law, Contracts and Copyright for Utah on
Q: Can a photographer use your photos to sell for profit in Utah?

I paid a photographer to take photos in two separate sessions. There were no contracts involved, she took my photos and I paid her for her services both times. She messaged me last night stating that she put my photos into a magazine that she created, and is going to sell them for profit at the... View More

James L. Arrasmith
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answered on Jul 31, 2024

You have every right to be upset about this situation. When you pay a photographer for their services and there is no explicit contract detailing the use of the photos, it's generally understood that the photos are for your personal use. The photographer should have asked for your permission... View More

1 Answer | Asked in Tax Law, Banking and Consumer Law for Utah on
Q: Can an online bank issue a cashier's check? How can I see if this cashiers check is legitimate or fake?

I feel like this is a money laundering scam. How can I verify this?

James L. Arrasmith
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answered on Jul 18, 2024

Yes, an online bank can issue a cashier's check, but it's essential to ensure its legitimacy to avoid potential scams. To verify if a cashier's check is genuine, start by contacting the issuing bank directly using a phone number from their official website, not from the check itself.... View More

1 Answer | Asked in Consumer Law and Collections for Utah on
Q: Debt collector gave me fake account number and said I owed an amount that was less than I owed what do I do ?

Debt collector gave me fake account number. original clinic said that the account number they gave me isn’t the one they have on file. The clinic gave me the actual account number that the collection agency has. I then called back the collection agency and then said that account number and it... View More

Matthew McKenna
Matthew McKenna
answered on Mar 17, 2024

Get in touch with a consumer protection attorney and see if they will offer a free consultation. Make sure to keep all potential evidence you have available for the attorney to review.

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Utah on
Q: Trying to pay debt collection in full but they don’t send any written agreement why do I do ?

I have filed my answer with a debt collector with a motion to dismiss with prejudice. I want to pay and get it over with I am even willing to pay the amount that they ask but they will not give me a written agreement stating that I will no longer owe anything to them regarding this debt. What do I... View More

James L. Arrasmith
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answered on Mar 19, 2024

In your situation, it's important to proceed with caution. Never agree to pay a debt without a written agreement, as this document is your proof that the debt will be cleared upon payment. You need this to ensure they won't claim you still owe money later.

Since the debt collector...
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1 Answer | Asked in Consumer Law and Banking for Utah on
Q: Do i need my own lawyer for mediation with a bank requesting that we handle things with their mediation team?

There are many broken laws that have been discovered and I have been requested to meet with their mediation team to get payment for their wrong doings.

James L. Arrasmith
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answered on Jan 31, 2024

Whether you need your own lawyer for mediation with a bank largely depends on the complexity of the situation and your comfort level with handling legal matters. If there are many broken laws involved and significant wrongdoing by the bank, having your own attorney can be beneficial.

Having...
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2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Utah on
Q: Can you sue a company for posting pictures of something you constructed (built) with out recognizing you as the builder?
T. Augustus Claus
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answered on Oct 24, 2023

In Utah, you can potentially sue a company for using pictures of something you built without crediting you, but the outcome depends on various factors. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Utah on
Q: When does the 21 day clock start ticking on the deadline to respond in a federal civil suit?

If one learns one has been named a defendant in a federal civil suit prior to actually being served (say, for instance, by coming across the complaint while reading other cases), does the 21-day "clock" start counting down to respond from the moment one first becomes aware one is a... View More

Wesley Winsor
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Wesley Winsor
answered on Jul 5, 2023

The clock doesn't start until actual service is made.

1 Answer | Asked in Consumer Law and Collections for Utah on
Q: Knight Adjustment garnished my wages. never served papers. The name is not mine. SS# is. No original debt info offered

Old RC Willey account. $2000 original. Now $21000 They wont return inquiries for help or info.

Joel Gary Selik
Joel Gary Selik
answered on May 23, 2023

Look into filing a motion to set aside the judgment for failure to serve. Review the court file to see how they claim served.

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Utah on
Q: Does the revised nonprofit corporation act take precedence over an HOA's bylaws and CCRs? Thank you!!
Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 24, 2021

It depends upon the provision in question. Many portions of the nonprofit act provide, “unless the governing documents provided otherwise…”

1 Answer | Asked in Bankruptcy, Consumer Law, Real Estate Law and Business Law for Utah on
Q: I had issues with Ditech when they bought my loan from another mortgage company. They failed to pay my escrow accts

Ditech bought my loan. They were given all of my escrow in early September that was due in November. I didn’t know Ditech never paid my taxes or insurance until I received a notic that my house was going to be auctioned off. I had to prove to Ditech that it was their responsibility to pay it.... View More

Timothy Denison
Timothy Denison
answered on Jul 6, 2021

Sue Ditech.

1 Answer | Asked in Patents (Intellectual Property), Consumer Law, Copyright and Products Liability for Utah on
Q: How to I find patents filed on work research and modifications done on my truck? Is there an application?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 3, 2021

Check google patents.

If the patent has not published or granted it won't be found.

Consult with an attorney.

1 Answer | Asked in Consumer Law, Business Law, Identity Theft and White Collar Crime for Utah on
Q: I have a company that I have unsubscribed from several times. Is there any way I could file for misconduct?

The company is HP

Sarah S. Shepard
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Sarah S. Shepard
answered on Dec 4, 2020

I your issue is with unsolicited marketing emails, the CAN-SPAM Act governs email marketing conduct. Here is a link to more information about the law:

https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

Good luck!

1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: I purchased a vehicle on 9/18 from a dealership who said they could arrange the financing, I also traded in my truck.

Per the contract it says they have 7 days to arrange financing from date of sale, and if they are unable to I may rescind the contract within 14 days from date of purchase. I went in to the dealership on 9/25 to see if they had arranged financing and if not I wanted my vehicle back. This resulted... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 29, 2020

Contracts are designed to handle issues that may come up in the future related to a transaction. Unfortunately, no contract can handle everything and human error can cause problems for the contract. The information you gave so far leaves room for multiple arguments on what should happen in your... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Collections for Utah on
Q: Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off

Hi i have a question i was on a auto loan with a cosiginer an i was making monthly payment then they paid it off and demand that i paid them back an i was making payments but not very much and theres no contract that he created for me to sing to show that I would pay him back, then he went an stole... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 2, 2020

First, it sounds as if the only agreement you signed is the one you both co-signed for the purchase of the car. The normal expectation is that you have the right to continue to pay the car loan on time until it is paid off. If you failed to do so, and the co-signer had to step in to save the... View More

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