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Utah Consumer Law Questions & Answers
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.... Read 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
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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Consumer Law for Utah on
Q: Question on pulling out of a signed purchase agreement for an aircraft, I and the buyer and want to pullout.

No funds have been deposited and the escrow agent listed in the agreement is incorrect.

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

It depends on what your rights under the contract are, which are going to be stated in the contract. The fact that the contract made an error in naming the escrow company will probably not be a material term giving you an excuse to back out. It is also important why you want to back out.... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Tax Law and Stockbroker Fraud for Utah on
Q: Law suit or cash payment..HELOC check acceptable?

My boyfriend wanted to help me invest my portfolio. I gave him access but with stipulations that we were to talk about each position and I would okay them. I also told him I did not want to lose more than 2500$ of the original 10 k we talked about. He was to always put stops or trailing stops to... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 7, 2020

He basically gave you a gift. Don't worry about taxes. Gifts are not taxed. You do not need to worry about taxes.

Wes

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Utah on
Q: I HIRED A guy for home improvments 1200.00 up front. said he could park his trailer on property untill he finishes,

one month ago he has made, no progress bought no materials, and is using the garage as a storage unit, i never allowed use of garage. i want him gone i want to move his stuff to storage for 30 days like i would a tenant who has left there things behind. i would call this theft by deception for... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Apr 4, 2020

You need an attorney who practices eviction and real estate law.

1 Answer | Asked in Consumer Law, Personal Injury, Business Law and Federal Crimes for Utah on
Q: This may be stupid but i have to know, Can I sue McDonald's and Other Companies Involved in Monopoly?

I am finding out for the 1st time EVER that the monopoly games were fixed and I am devastated! As a young woman,teenager, &single mom, i spent every bit of my weekly allowance, money earned from babysitting, mowing yards, odd jobs,and money from my 1st waitressing job on the monopoly game.... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

When you say that the monopoly game was fixed, I am not sure understand. Did they misrepresent anything? Did you read their fine print of the rules and find out that they were lying? If so they could be liable. If you thought your chances of winning were better than what McDonalds represented... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Q: I have a class a mis warrant in Utah and I lost my DL. Can I be arrested at the DMV if I go get another one?

Warrant is for 1st intensive probation violation

Brent J Huff
Brent J Huff answered on Feb 12, 2020

Technically a person can be arrested anywhere because a warrant is a judicial command to any law enforcement to arrest that person. Whether an officer at the DMV is likely to execute a warrant is hard to say. But, if DMV suspended a license due to a warrant, and the warrant still exists, it seems... Read more »

1 Answer | Asked in Consumer Law and Internet Law for Utah on
Q: I purchased a woman’s bracelet online and when I received it in the mail and it was not as described on the website,

I would like to sue them but don’t know where to begin.

Tim Akpinar
Tim Akpinar answered on Nov 2, 2019

A Utah attorney could answer you best, but your question remains open for two weeks. Before jumping straight into suing, which could be costly, you could think about other approaches. Is there any possibility of resolving things through customer service or arranging a refund or exchange? If not,... Read more »

1 Answer | Asked in Consumer Law, Contracts, Business Law and Communications Law for Utah on
Q: If I unknowingly signed a DocuSign Contract for my boss's company (that I am in no way authorized to sign) is it valid?

My boss told me to cancel his Waste Management service because his monthly trash bills were ridiculously high. I contacted them and told them I needed to cancel the service because it's too expensive. We have another provider that will do the same service for 100's less per month. They... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

I do not practice law in Utah--but I am very well aware of how easy it is these days to trick people into doing something they never intended to do. However, that said, I also know how easy it is for THE BUSINESS (not you) to hire lawyer to take up the business' mantle and push back at... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Q: I bough a bike the disputed it now merchant want to charge me as fraud

I bought a bike with a local bike shop. After a week it starts to become defective the handles bars would come me off and the break lines snapped I tired to have the merchant fix it but new problem keeps on coming. I finally decided I want to return the bike and the merchant refused I also asked if... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 15, 2018

An attorney looking at these facts might ask for further details. A Utah attorney who handles such matters could examine all statements/written evidence from you and the merchant to determine whether the elements of fraud, as alleged by the merchant, were met.

Tim Akpinar

1 Answer | Asked in Consumer Law and Criminal Law for Utah on
Q: If I'm from Wyoming and I'm 18 can I use my vape in utah, which has a purchasing age of tobacco of 19.
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Aug 4, 2018

No. Smoking is illegal until you are 19 in Utah.

1 Answer | Asked in Bankruptcy and Consumer Law for Utah on
Q: I was served I responded they never filled. I was served again. What are my rights?
Michael Sundwall
Michael Sundwall answered on Jul 20, 2018

Sounds like you were served with a 10-day summons. The plaintiff can you use a 10-day summons to serve a lawsuit (summons & complaint) without having to pay the court filing fee. Once the papers are served, the plaintiff has 10 days to file a lawsuit. The summons should have stated on it that... Read more »

1 Answer | Asked in Consumer Law, Animal / Dog Law and Small Claims for Utah on
Q: Am I entitled to a refund or reimbursement of vet expenses for a puppy I bought with undisclosed health problems?

We bought a 6 month old puppy through KSL classifieds two months ago. We took her in to be spayed two weeks later and learned that she had a severe bladder infection along with blatter stones and crystals. The cost of diagnosis and treatment exceeded the cost of the puppy. On top of that, we... Read more »

Wesley Winsor
Wesley Winsor answered on Jun 8, 2018

Hi,

I am sorry for your situation. Utah is a buyer beware state. There are some enhanced duties if the seller is a "merchant" meaning that they do this for their profession, but unless he actively hid it from you or represented that the puppy definitely did not have eptopic...
Read more »

1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: Can I cancel an extended warranty on a used car I purchased six days ago?

I feel I was sold this service contract under time pressure, and after further research and considering the situation, I feel I don't need it, don't want it, and I cannot afford it. The service contract (extended warranty) was brought up only during the final signing of the paperwork, and... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 29, 2018

I can't speak generally about these types of agreements, I would have to read the contract to give you a good answer. The terms of the extended warranty agreement will be in there. Look for the clauses that talk about termination of the agreement.

Sorry, I can't be more help.

Wes

1 Answer | Asked in Business Law, Federal Crimes, Identity Theft and Consumer Law for Utah on
Q: What are the penalties for using phone numbers for marketing purposes--when the numbers are protected from such use

TransUnion provides a service for organizations to look up information about existing customers. Unfortunately, this service can also be used to look up thousands of random individuals, and some companies may even TransUnion's services to create a cold-calling list. However, the use of this... Read more »

David Humphreys
David Humphreys answered on Oct 16, 2017

if consumer credit reports are being pulled from Credit Reporting Agencies and used for cold calling customers by phone, that would be a willful violation of the Fair Credit Reporting Act. Their is a statutory damage provision for damages up to one thousand per person. Whistelblowers have rights... Read more »

1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for Utah on
Q: If a car dealership is to tear down a neighborhood, would the seller be required to disclose before selling?

Just found out, AFTER purchasing the home that a dealership is scheduled to tear down homes around mine. This will bring the value of my home down tremendously, and it was not disclosed prior to me purchasing the home.

Wesley Winsor
Wesley Winsor answered on Aug 2, 2017

Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood... Read more »

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