Statute Annotations › Utah › Utah Code Ann. § 13-11-19

Utah Code Ann. § 13-11-19

Actions by consumer: the cases that interpreted this section

Jurisdiction
Utah
Case notes
18
Cited in passing
18
Citing cases indexed
45
Case dates
2006–2025
Screened through
2026-01-29
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

36 citing cases reviewed of 45 in the citation index: 18 interpreted the section (annotated below), 18 cited it only in passing. Cases filed after 2026-01-29 may not have been reviewed yet.

Have a situation under Utah Code Ann. § 13-11-19?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Later changes in law

Changes after the earliest notes below. A note stating a rule one of these changed is marked "Law changed since".

  • 2018-05-08 Utah S.B. 100, ch. 276, repealed § 13-11-19(8)'s two-year deadline and placed a five-year limit for civil actions under the consumer protection chapter in § 13-2-6(6)(b). Source
  • 2025-05-07 Utah S.B. 42, ch. 442, removed the $2,000 statutory minimum from § 13-11-19(2); consumers may now recover actual damages and court costs under that subsection. Source

Loss required for statutory damages

Law changed since S.B. 42, effective May 7, 2025, removed the $2,000 minimum; a consumer now needs actual damages to recover damages under subsection (2).

Section 13-11-19(2) permits $2000 in statutory damages when a consumer suffers a loss from a UCSPA violation, even if actual damages cannot be quantified; improper negative credit reporting qualifies as a loss.

Andreason v. Felsted · filed 2006-05-11(2)

Nonetheless, given the realities of our credit-dependent economy, we have no hesitation concluding that improperly causing negative information to be included in a personal credit report itself qualifies as the type of threshold "loss" section 13-11-19 requires a consumer to demonstrate as a result of a violation of the UCSPA.
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Class actions

Law changed since S.B. 42, effective May 7, 2025, removed the $2,000 statutory minimum; subsection (2) now provides actual damages and court costs.

Section 13-11-19 allows actual damages or $2,000, whichever is greater, but bars class actions unless the transaction violated a specific administrative rule or court decision; the class action limit is substantive.

In re New Motor Vehicles Canadian Export Antitrust Litigation · filed 2007-03-21

Utah allows actual damages, or $2,000 if greater, “but not in a class action” (unless the transaction violated a specific administrative rule or court decision, and then a class action is available). Utah Code Ann. § 13-11-19. ... For Georgia, Montana and Utah the consumer class limitation is substantive. ... Therefore, I conclude that a statewide damage class is not certifiable for Georgia, Montana and Utah, but is certifiable for each of 15 additional states.
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Section 13-11-19(4)(a) permits a UCSPA class action for damages only when a qualifying administrative rule, prior final judgment, or consent judgment prohibits the challenged practice.

Matchett v. BSI Financial Services · filed 2021-08-06(4)(a)

The court concludes that Matchett has not pled any such statutory authorization for her class claims because she does not allege that BSI’s fee for the pay-by-phone option violates any existing administrative rule, court order, or consent decree.
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Section 13-11-19(2) provides an individual claim for actual or statutory damages, while subsection (4)(a) permits class claims for actual damages only when its listed conditions are met; those limits apply in federal court.

Fullmer v. A-1 Collection Agency · filed 2022-05-16(2), (4)(a)

Read together and in context, UCSPA subsections (2) and (4)(a) are substantive, not procedural. Therefore, under Erie, Rule 23 does not preempt UCSPA subsections (2) and (4)(a).
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Law changed since S.B. 42, effective May 7, 2025, removed the $2,000 statutory minimum, so that form of statutory recovery is no longer available.

Section 13-11-19(2) precludes recovery of the statutory $2,000 amount in a class action.

Sharp v. FCA US LLC · filed 2022-10-25(2)

The Court observes, however, that the consumer protection statutes in both Kansas and Utah preclude the recovery of statutory penalties in class actions.
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Class action waivers

Section 13-11-19’s class-wide relief does not establish a Utah public policy against class action waivers.

Miller v. Corinthian Colleges, Inc. · filed 2011-02-15(4)(a)

While Plaintiffs have cited provisions of the UCSPA which provide class-wide relief to consumers in certain situations, the Court cannot find that such provisions denote a public policy in opposition to class action waivers.
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Section 13-11-19(3) limits relief in a class action to a declaratory judgment, an injunction, and appropriate ancillary relief.

Lawrence v. First Financial Investment Fund V · filed 2020-08-17(3)

In a class action, the UCSPA limits the available relief to a “declaratory judgment, an injunction, and appropriate ancillary relief.”
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Section 13-11-19(4)(a) requires a UCSPA class action to rest on an applicable agency rule, court judgment, or consent judgment; a state statute alone does not satisfy that requirement.

Martinez v. Nissan North America · filed 2022-04-08(4)(a)

And a state statute passed by the state legislature is not a rule adopted by the Utah Division of Consumer Protection, judgment by a court, or a consent decree.
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Section 13-11-19(2) bars a consumer from recovering for a violation of the Utah Consumer Sales Practices Act in a class action.

ESTATE OF WILLIAM D. PILGRIM v. General Motors LLC · filed 2023-09-30(2)

At the outset, as to five of Plaintiffs’ consumer-protection claims, the state statutes governing those claims bar class actions outright: ...  Utah Consumer Sales Practices Act [Count 56]: “A consumer who suffers loss as a result of violation of this chapter may recover, but not in a class action, actual damages or $2,000, whichever is greater, plus court costs.” Utah Code Ann. § 13-11-19(2).
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Attorney fees

Section 13-11-19(5) permits a court to award reasonable attorney fees to a defendant if the consumer knowingly brought or maintained a groundless action.

Zundel v. Magana · filed 2015-03-26(5)

The UCSPA provides that the district court “may award” reasonable attorney fees to the defendant in a UCSPA claim if “the consumer complaining of the act or practice that violates this chapter has brought or maintained an action he knew to be groundless.” Utah Code Ann. § 13-11-19(5) (LexisNexis 2009). ... We therefore conclude that the district court did not err in denying Legacy’s request for attorney fees.
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Section 13-11-19(5) permits an award of reasonable attorney’s fees to a prevailing party in a successful UCSPA action.

Christensen v. Johnson Smith & Associates · filed 2021-01-07(5)

Finally, both the FDCPA and UCSPA permit an award of attorney’s fees on a successful action. 15 U.S.C. §1962(k)(a)(3); Utah Code Ann. § 13-11-19(5). ... The Court awards attorney’s fees and costs in the total amount of $22,241.16.
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Section 13-11-19 provides for costs and reasonable attorney fees to a prevailing party; courts calculate reasonable fees using the lodestar method.

Vitelli v. Medicredit · filed 2022-11-10(2), (5)

To determine Mr. Vitelli’s award of attorney fees under the FDCPA and the UCSPA, the court employs the lodestar method.
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Section 13-11-19(5) allows recovery of reasonable attorney’s fees in UCSPA actions.

Fullmer · filed 2025-11-26(5)

The FDCPA and the UCSPA allow for the recovery of reasonable attorney’s fees.
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Causation

Section 13-11-19(2) requires a consumer seeking damages to show that a violation of the Act caused the consumer's loss.

Siddoway v. GSK (In re Avandia Mktg., Sales Practices & Prods. Liab. Litig.) · filed 2017-12-12(2)

In addition, the Utah Consumer Sales Practice Act ("UCSPA") requires that a consumer asserting a claim for violation of the UCSPA show that the loss was suffered "as a result of a violation."
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Damages for lost personal time

Section 13-11-19(2) allows damages for lost personal time resulting from a Utah Consumer Sales Practices Act violation.

In re Gen. Motors LLC · filed 2018-09-12(2)

In light of that authority and the statutory language, the Court concludes - for much the same reasons it concluded similarly as to New York's consumer protection statutes-that damages for lost personal time are recoverable under the Utah CSPA.
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Equitable relief

Section 13-11-19(1)(b) makes equitable relief available for violations of the Utah Consumer Sales Practices Act.

California v. Kisana · filed 2020-01-23(1)(b)

Equitable relief is likely available as a remedy for at least Plaintiff’s claims of fraud and violations of the Utah Consumer Sales Practices Act. See Utah Code § 13-11-19(1)(b); Dugan v. Jones, 615 P.2d 1239, 1247 (Utah 1980); Braun v. Medtronic Sofamor Danek, Inc., 719 F. App’x 782, 794 n.5 (10th Cir. 2017).
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Who may sue

Section 13-11-19(1) allows consumers to bring claims against their suppliers; a person who is not the supplier’s consumer cannot bring a claim.

Specht v. Cargill, Incorporated · filed 2023-08-17(1)

In other words, the statute is designed for consumers to bring a cause of action against their supplier. Utah Code Ann. § 13-11-19(1). Though Defendants may qualify as suppliers, Plaintiffs are not Defendants’ consumers. This claim will therefore be dismissed with prejudice.
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Section 13-11-19 permits only consumers to bring a claim under the Utah Consumer Sales Practices Act.

Miami Products & Chemical Co. v. Olin Corporation · filed 2021-06-24

The UCSPA similarly “affords a cause of action only to a ‘consumer.’” Icon Health & Fitness, Inc. v. ConsumerAffairs.com, No. 1:16-CV-00168-DBP, 2018 WL 1183372, at *5 (D. Utah Mar. 6, 2018) (quoting Utah Code § 13-11-19). ... These facts fail to plausibly allege a violation of the UCSPA.
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18 more cases cited this section only in passing

These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.

Workman v. Nagle Construction, Inc., the court cites the section as a possible way for individual consumers to pursue claims on remand, without deciding its requirements. opinion →
Deadwyler v. Volkswagen of America, Inc., the court cites the section while describing the defendants’ limitations argument, then decides that the plaintiffs’ contrary arguments were sufficient to withstand sanctions. opinion →
Wade v. Jobe, the author and Justice Zimmerman cite the section to support bringing a UCSPA claim alongside a habitability claim, but the court affirms dismissal of the UCSPA counterclaim. opinion →
Stetser v. Tap Pharmaceutical Products, Inc., the court cites the section as one example of differing state consumer protection remedies while reviewing class certification. opinion →
Miller v. Basic Research, LLC, the court cites § 13-11-19 in footnotes while certifying a class, but states no rule about the section. opinion →
White v. Wyeth, the court cites § 13-11-19(2) only as one example in its survey of state consumer protection statutes. opinion →
In Re Toyota Motor Corp., the court lists the section's two-year limitations period as an example of differing state laws while deciding whether California law could govern a nationwide class. opinion →
Stokes v. TLCAS, LLC, the court cites the section to describe the trial court’s award of statutory damages and attorney fees without deciding the section’s rules. opinion →
Gallegos v. LVNV Funding LLC, the court cites § 13-11-19(2) to describe available damages and costs while deciding whether the defendants’ conduct violated other UCSPA provisions. opinion →
Roberts v. C.R. England, Inc., the court cites § 13-11-19(4)(a) only in a footnote, without stating a decision about its rules. opinion →
Roberts v. C.R. Eng., Inc., the court cites § 13-11-19(2) in a proposed certification question and says it has not yet reached the statutory damages issue. opinion →
In re Lipitor Antitrust Litig., the court cites the section as a state class action bar while introducing a dispute over whether Federal Rule of Civil Procedure 23 overrides it. opinion →
In re Volkswagen "Clean Diesel" Mktg., Sales Practices, & Prods. Liab. Litig., the court cites the section in describing VW's argument and defers deciding whether its class action limit applies. opinion →
Young v. Npas, Inc., the court quotes the section to describe the damages Ms. Young sought but does not decide how it applies to her claim. opinion →
In re Generic Pharm. Pricing Antitrust Litig., the opinion cites the section in a footnote describing a party's argument about Utah class action remedies. opinion →
Taylor v. National Collegiate Student Loan Trust 2007-1, the court mentions the section while describing the Taylors’ claims but does not decide a rule under it. opinion →
Cotte v. CVI SGP Acqusition Trust, the court considered uncertainty about the section’s class-action damages restriction when granting preliminary settlement approval, without deciding whether the restriction applied. opinion →
Tidwell v. Jensen, the court cites the section in a footnote to describe the remedy available under the UCSPA while deciding a claim under a different section. opinion →

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