Utah Code Ann. § 13-26-4
§ 13-26-4. Exemptions from registration
(2)
The following are exempt from the requirements of this chapter except for the requirements of Sections
13-26-8 and 13-26-11:
(a)
a broker, agent, dealer, or sales professional licensed under the licensure laws of this state, when
soliciting sales within the scope of his license;
(b)
the solicitation of sales by:
(i)
a public utility that is regulated under Title 54 or by an affiliate of the utility;
(ii)
a newspaper of general circulation;
(iii)
a solicitation of sales made by a broadcaster licensed by any state or federal authority;
(iv)
a nonprofit organization if no part of the net earnings from the sale inures to the benefit of any
member, officer, trustee, or serving board member of the organization, or individual, or family member of an
individual, holding a position of authority or trust in the organization; and
(v)
a person who periodically publishes and delivers a catalog of the solicitor's merchandise to
prospective purchasers, if the catalog:
(A)
contains the price and a written description or illustration of each item offered for sale;
(B)
includes the business address of the solicitor;
(C)
includes at least 24 pages of written material and illustrations;
(D)
is distributed in more than one state; and
(E)
has an annual circulation by mailing of not less than 250,000;
(c)
any publicly-traded corporation registered with the Securities and Exchange Commission, or any
subsidiary of the corporation;
(d)
the solicitation of any depository institution as defined in Section 7-1-103, a subsidiary of a
depository institution, personal property broker, securities broker, investment adviser, consumer finance
lender, or insurer subject to regulation by an official agency of this state or the United States;
(e)
the solicitation by a person soliciting only the sale of telephone services to be provided by the
person or the person's employer;
(f)
the solicitation of a person relating to a transaction regulated by the Commodities Futures Trading
Commission, if:
(i)
the person is registered with or temporarily licensed by the commission to conduct that activity
under the Commodity Exchange Act; and
(ii)
the registration or license has not expired or been suspended or revoked;
(g)
the solicitation of a contract for the maintenance or repair of goods previously purchased from the
person:
(i)
who is making the solicitation; or
(ii)
on whose behalf the solicitation is made;
(h)
the solicitation of previous customers of the business on whose behalf the call is made if the person
making the call:
(i)
does not offer any premium in conjunction with a sale or offer;
(ii) is not selling an investment or an opportunity for an investment that is not registered with any
state or federal authority; and
(iii) is not regularly engaged in telephone sales;
(i)
the solicitation of a sale that is an isolated transaction and not done in the course of a pattern of
repeated transactions of a like nature;
(j)
the solicitation of a person by a retail business establishment that has been in operation for at least
five years in Utah under the same name as that used in connection with telemarketing if both of the following
occur on a continuing basis:
(i)
products are displayed and offered for sale at the place of business, or services are offered for
sale and provided at the place of business; and
(ii)
a majority of the seller's business involves the buyer obtaining the products or services at the
seller's place of business;
(k)
a person primarily soliciting the sale of a magazine or periodical sold by the publisher or the
publisher's agent through a written agreement, or printed or recorded material through a contractual plan,
such as a book or record club, continuity plan, subscription, standing order arrangement, or supplement or
series arrangement if:
(i)
the seller provides the consumer with a form that the consumer may use to instruct the seller not to
ship the offered merchandise, and the arrangement is regulated by the Federal Trade Commission trade
regulation concerning use of negative option plans by sellers in commerce; or
(ii)
(A)
the seller periodically ships merchandise to a consumer who has consented in advance to receive
the merchandise on a periodic basis; and
(B)
the consumer retains the right to cancel at any time and receive a full refund for the unused
portion; or
(l)
a telephone marketing service company that provides telemarketing sales services under contract to
sellers if:
(i)
it has been doing business regularly with customers in Utah for at least five years under the same
business name and with its principal office in the same location;
(ii)
at least 75% of its contracts are performed on behalf of persons exempted from registration under
this chapter; and
(iii)
neither the company nor its principals have been enjoined from doing business or subjected to
criminal actions for their business activities in this or any other state.
