Utah Statutes
§ 13-11-5 — Unconscionable act or practice by supplier.
(1)A supplier that commits an unconscionable act or practice in connection with a consumer transaction violates this chapter whether the unconscionable act or practice occurs before, during, or after the transaction.
(2)(2)(a) The unconscionability of an act or practice is a question of law for a court with jurisdiction.
(2)(b) If it is claimed or appears to the court that an act or practice may be unconscionable, the parties shall be given a reasonable opportunity to present evidence as to the act or practice's setting, purpose, and effect to aid the court in making the court's determination.
(3)In determining whether an act or practice is unconscionable, the court shall consider the circumstances that the supplier knew or had reason to know.
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Related
Wade v. Jobe
818 P.2d 1006 (Utah Supreme Court, 1991)
Woodhaven Apartments v. Washington
942 P.2d 918 (Utah Supreme Court, 1997)
Estrada v. Mendoza
2012 UT App 82 (Court of Appeals of Utah, 2012)
Fell v. Alco Capital Group
2023 UT App 127 (Court of Appeals of Utah, 2023)
Woodhaven Apartments v. Washington
907 P.2d 271 (Court of Appeals of Utah, 1995)
Gallegos v. LVNV Funding LLC
169 F. Supp. 3d 1235 (D. Utah, 2016)
Buhler v. BCG Equities
(D. Utah, 2020)
Chadwick v. Bonneville Billing and Collections
(D. Utah, 2021)
Christensen v. Johnson Smith & Associates
(D. Utah, 2021)
Cotte v. CVI SGP Acqusition Trust
(D. Utah, 2022)
Legislative History
Amended by Chapter 442, 2025 General Session
Nearby Sections
15
§ 13-1-15
Exemptions from licensure.§ 13-1-18
License by endorsement.§ 13-1-2
Creation and functions of department -- Divisions created -- Fees -- Commerce Service Account.§ 13-1-3
Executive director.§ 13-1-4
Centralization of duties.§ 13-1-6
Rules and regulations.§ 13-1-7
Budgets.§ 13-1-8
Annual report.§ 13-1-8.5
Procedures -- Adjudicative proceedings.§ 13-10-1
Title of chapter.§ 13-10-2
Purpose of chapter.