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Utah Consumer Law Questions & Answers
1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on
Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.
Wesley Winsor
Wesley Winsor answered on Aug 1, 2017

I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a...
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1 Answer | Asked in Consumer Law, Contracts, Legal Malpractice and Small Claims for Utah on
Q: Can I take legal action against a pawn shop that gave me false information?

I paid $1000 for a diamond wedding ring from Zales. We were in a desperate situation and needed cash fast. We looked into Pawning the ring but they said it was only worth $100 and that they could only sell it for $300 at most. They told us we were lied to about the value from where it was... Read more »

Wesley Winsor
Wesley Winsor answered on Jun 30, 2017


First off, let me say I am sorry for the situation. This can be extremely frustrating especially if there is sentimental value attached to the item.

I am assuming you sold the ring rather than pawned it (you got a loan from them using the ring as collateral). If that is the...
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1 Answer | Asked in Contracts and Consumer Law for Utah on
Q: I took out a loan from check n go on 12/28/2016. I was told that my 1st payment would be due on 3/1/2017. The contract

had a payment date of 3-1 and on the finalization checklist it was also handwritten as 3-1. However, it also stated the first payment would be due on 2-1-2017 which neither of noticed. On 1-30-2017 Check n go called and stated that manager was new and she made and error on the date. She also... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 28, 2017

It sounds like you have a strong case for whatever damages you suffered because of their premature debiting of your account. This could be as little as insufficient funds fees from your bank, filing fees for the law-suit, and attorney's fees if any.

Ambiguities in a contract are...
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1 Answer | Asked in Consumer Law and Estate Planning for Utah on
Q: My Partner and I are JT-only he is on loan. I am executor and sole beneficiary in will. Can I keep the loan when he dies
Paul Waldron
Paul Waldron answered on Mar 5, 2017

You can, it just depends on whether the bank finds out and demands that there be a refinance or assumption of the mortgage. I have seen where the mortgage company did nothing for years because the house payment continued to be made.

1 Answer | Asked in Consumer Law for Utah on
Q: I just recently purchased a car from a dealership. If they change the contract can i refuse to sign the amended copy?

The vehicle was purchased on 2/21/2016 I signed a contract detailing an auto loan between 19-21% I belive they are sending me an amended agreement. If the terms are no longer agreeable what are my options?

Brian K Jackson
Brian K Jackson answered on Mar 16, 2016

They would still be bound to the other terms of the first agreement if you don't agree to the new amendment.

1 Answer | Asked in Uncategorized, Consumer Law and Contracts for Utah on
Q: Leased a vehicle two months ago. The Transmission went out. Who should pay for the cost?
Adam Studnicki
Adam Studnicki answered on Feb 16, 2016

The lease agreement should be reviewed.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
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1 Answer | Asked in Consumer Law for Utah on
Q: how do I prove that someone added wording to a contract after I signed?

I recently signed a contract for a gym. But after being emailed the copy I noticed that he had written stuff that was not previously in the contract including date I would be billed. I was told I had 30 days no payment no cancellation fee. Then if after 30 days I wanted to continue I would be... Read more »

Brian K Jackson
Brian K Jackson answered on Jan 8, 2016

Do you have the original contract or the one they just e-mailed you? If you don't have an original, you could probably still prove that he added an amendment with your authorization if you didn't initial the amended portion.

1 Answer | Asked in Consumer Law for Utah on
Q: If you buy a companies calendar, you are entered to win a weekly giveaway for that year. is this legal? Why or why not?

Imagine a company is selling calendars. But calendars that have a weekly giveaway. So if you buy the calendar, you are entered each week into a randomly selected giveaway for the prize. Basically you pay $25 dollars for a calendar and that enters you to win a giveaway/raffle each week for a prize.... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 24, 2015

This is not a basic question. The test for that is primarily whether it would require research on an attorney's part. It will require a lot of time on an attorney's part in my opinion, and what you need is specifically tailored legal advice about this.

1 Answer | Asked in Consumer Law for Utah on
Q: What is the definition of an open account?
Anthony J. Pietrafesa
Anthony J. Pietrafesa answered on Nov 29, 2010


Open Account -- Credit extended that is not supported by a note, mortgage, or other formal written evidence of indebtedness.

historic definition...

Open account -- Same as running account, although the term open account is usually employed. In trade...
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