Section 105 - Prohibited acts.

UT Code § 31A-6a-105 (2019) (N/A)
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(1) Except as provided in Subsection 31A-6a-104(2), a service contract provider or warrantor may not use in the service contract provider or warrantor's name, a contract, or literature: (a) any of the following words: (i) "insurance"; (ii) "casualty"; (iii) "surety"; (iv) "mutual"; or (v) another word descriptive of the insurance, casualty, or surety business; or (b) a name deceptively similar to the name or description of: (i) an insurance or surety corporation; or (ii) another service contract provider.

(a) any of the following words: (i) "insurance"; (ii) "casualty"; (iii) "surety"; (iv) "mutual"; or (v) another word descriptive of the insurance, casualty, or surety business; or

(i) "insurance";

(ii) "casualty";

(iii) "surety";

(iv) "mutual"; or

(v) another word descriptive of the insurance, casualty, or surety business; or

(b) a name deceptively similar to the name or description of: (i) an insurance or surety corporation; or (ii) another service contract provider.

(i) an insurance or surety corporation; or

(ii) another service contract provider.

(2) A service contract provider, a service contract provider's representative, a warrantor, or a warrantor's representative may not: (a) make, permit, or cause to be made a false or misleading statement in connection with the sale, offer to sell, or advertisement of a service contract or vehicle protection product; or (b) deliberately omit a material statement that would be considered misleading if omitted, in connection with the sale, offer to sell, or advertisement of a service contract or vehicle protection product.

(a) make, permit, or cause to be made a false or misleading statement in connection with the sale, offer to sell, or advertisement of a service contract or vehicle protection product; or

(b) deliberately omit a material statement that would be considered misleading if omitted, in connection with the sale, offer to sell, or advertisement of a service contract or vehicle protection product.

(3) A bank, savings and loan association, insurance company, or other lending institution may not require the purchase of a service contract as a condition of a loan.

(4) Except for a bank, savings and loan association, industrial bank, or credit union, a service contract provider may not sell, or be the obligated party for: (a) a guaranteed asset protection waiver, unless registered with the commissioner under Chapter 6b, Guaranteed Asset Protection Waiver Act; (b) a debt cancellation agreement, unless licensed by the commissioner; or (c) a debt suspension agreement, unless licensed by the commissioner.

(a) a guaranteed asset protection waiver, unless registered with the commissioner under Chapter 6b, Guaranteed Asset Protection Waiver Act;

(b) a debt cancellation agreement, unless licensed by the commissioner; or

(c) a debt suspension agreement, unless licensed by the commissioner.

(5) A warrantor or the warrantor's representative may not: (a) require the purchase of a vehicle protection product as a condition of the financing, lease, or purchase of a motor vehicle; or (b) sell a vehicle protection product to a consumer before providing the consumer, for review, a copy of the vehicle protection product warranty that is filed with the Department of Insurance.

(a) require the purchase of a vehicle protection product as a condition of the financing, lease, or purchase of a motor vehicle; or

(b) sell a vehicle protection product to a consumer before providing the consumer, for review, a copy of the vehicle protection product warranty that is filed with the Department of Insurance.