§ 15-10-201 — Notice requirement.

(1) Except as provided in Subsection (2)(b), a service contract may not contain an automatic renewal provision unless the seller provides the consumer written notice complying with Subsection (2) that informs the consumer of the automatic renewal provision.
(2) (2)(a) For a service contract executed on or after July 1, 2011, that exceeds 12 months for a renewal period, a seller shall provide written notice of an automatic renewal provision prominently displayed on the first page of the service contract.
(2)(b) In addition to complying with Subsection (2)(a), a seller shall provide written notice required under Subsection (1) to the consumer:
(2)(b)(i) personally;
(2)(b)(ii) by certified mail; or
(2)(b)(iii) prominently displayed on the first page of a monthly statement.
(2)(c) (2)(c)(i) A seller shall provide written notice under Subsection (2)(b):

(2)(c)(i)(A) no later than 30 calendar days before the last day on which the consumer may give notice of the consumer's intention to terminate the service contract; and
(2)(c)(i)(B) no sooner than 90 calendar days before the last day on which the consumer may give notice of the consumer's intention to terminate the service contract.
(2)(c)(ii) A seller may not provide written notice required under Subsection (1) except:

(2)(c)(ii)(A) as provided in Subsection (2)(a); or
(2)(c)(ii)(B) during the time period described in Subsection (2)(c)(i).
(2)(d) Written notice required under Subsection (1) shall be:
(2)(d)(i) written in clear and understandable language; and
(2)(d)(ii) printed in an easy-to-read type size and style.

Legislative History

Amended by Chapter 189, 2014 General Session