Utah AG, Division of Consumer Protection, and CFPB Complaint Pack

UTAH AG, DIVISION OF CONSUMER PROTECTION, AND CFPB COMPLAINT PACK

TABLE OF CONTENTS

1. Section A — Utah Division of Consumer Protection Complaint
2. Section B — Utah Attorney General Complaint
3. Section C — Consumer Financial Protection Bureau Complaint
4. Section D — Supplementary Filings (FTC, FCC, BBB, Sector Regulators)
5. Section E — Document Inventory
6. Utah Practice Notes
7. Sources and References

1. SECTION A — UTAH DIVISION OF CONSUMER PROTECTION COMPLAINT

A.1. Submission Information

A.2. Complainant (Consumer) Information

Name: [FULL LEGAL NAME]

Address: [STREET], [CITY], Utah [ZIP]

Telephone: [NUMBER] Email: [EMAIL]

Preferred contact method: ☐ Email ☐ Phone ☐ Mail

Are you represented by counsel? ☐ Yes ☐ No

If yes, Attorney name: [___], Utah Bar No.: [___], Phone: [___].

Are you 60 years of age or older, or a "disabled person" within the meaning of Utah Code § 13-11-17.5? ☐ Yes ☐ No

A.3. Respondent (Business) Information

Business name: [___]

DBA / trade name(s): [___]

Street address: [___]

Telephone: [___] Website: [___]

Industry: ☐ Debt collection ☐ Credit reporting ☐ Lending ☐ Auto sales / dealer ☐ Home improvement / contractor ☐ Telecom ☐ Healthcare billing ☐ Online retailer ☐ Charitable solicitation ☐ Telemarketer ☐ Other: [___]

Utah license/registration (if any): [___]

Have you previously filed a complaint against this business? ☐ Yes ☐ No

A.4. Transaction Information

Date(s) of transaction or violation: [__/__/____] to [__/__/____]

Amount in dispute: $[___]

How was the transaction initiated? ☐ In person ☐ Online ☐ Phone ☐ Mail ☐ Door-to-door ☐ Other: [___]

Method of payment: ☐ Credit card ☐ Debit ☐ Bank draft ☐ Cash ☐ Check ☐ Wire ☐ Crypto ☐ Other: [___]

A.5. Statement of Facts

1. On [__/__/____], I [describe how you first encountered the business — advertisement, cold call, in-store visit, online listing].

2. The business represented that [describe representations made].

3. I relied on those representations and [describe action taken — signed contract, paid deposit, provided information].

4. After the transaction, [describe what happened — non-delivery, hidden fees, harassment, unauthorized charges, deceptive billing, refusal to refund, breach of warranty].

5. I attempted to resolve the matter directly by [describe — calls on dates, letters, return visits]. The business [response or lack thereof].

6. The business's conduct appears to be standardized and applied to other Utah consumers based on [describe basis — similar online reviews, BBB reports, news coverage, prior DCP enforcement action].

7. As a result, I have suffered the following injuries:

• ☐ Out-of-pocket loss of $[___];
• ☐ Damage to credit file;
• ☐ Time lost: approximately [___] hours;
• ☐ Emotional distress;
• ☐ Other: [___].

A.6. Identification of Conduct (Check All That Apply)

The conduct described above appears to violate the Utah Consumer Sales Practices Act, Utah Code § 13-11-4 (deceptive acts) or § 13-11-5 (unconscionable acts):

• ☐ Indicating goods or services have characteristics, accessories, uses, or benefits that they do not have (§ 13-11-4(2)(a));
• ☐ Indicating goods or services are of a particular standard, quality, grade, or model when they are not (§ 13-11-4(2)(b));
• ☐ Indicating that the subject of a consumer transaction is new, or unused, when it is not (§ 13-11-4(2)(c));
• ☐ Indicating goods are available for a reason that does not exist (§ 13-11-4(2)(d));
• ☐ Indicating that goods or services are needed when they are not (§ 13-11-4(2)(e));
• ☐ Indicating that goods/services have been supplied in accordance with a previous representation, when they have not (§ 13-11-4(2)(g));
• ☐ Indicating a specific price advantage exists when it does not (§ 13-11-4(2)(h));
• ☐ Indicating sponsorship, approval, or affiliation with another that the supplier does not have (§ 13-11-4(2)(i));
• ☐ Misrepresenting legal rights, obligations, or remedies (§ 13-11-4(2)(j));
• ☐ Engaging in unconscionable acts (§ 13-11-5) — taking advantage of physical or mental infirmity, illiteracy, language barrier, ignorance, lack of bargaining power, or similar factor; demanding amounts grossly exceeding amounts owed; coercive collection conduct;
• ☐ Violations of the Utah Telephone Fraud Prevention Act (Utah Code § 13-26);
• ☐ Violations of the Utah Telemarketing Sales Rule (Utah Admin. Code R152-11);
• ☐ Violations of the Utah Charitable Solicitations Act (Utah Code § 13-22);
• ☐ Violations of the Utah Protection of Personal Information Act (Utah Code § 13-44);
• ☐ Violations of the Utah Consumer Credit Code (Utah Code Title 70C);
• ☐ Other Title 13 statute (specify): [___].

A.7. Resolution Sought

I respectfully request the following relief:

• ☐ Investigation by the Utah Division of Consumer Protection;
• ☐ Cease-and-desist order under Utah Code § 13-2-5 / § 13-11-17;
• ☐ Restitution and refund of $[___];
• ☐ Civil penalties under Utah Code § 13-11-17 (up to $2,500 per violation; up to $5,000 per violation against an elderly or disabled person under § 13-11-17.5);
• ☐ Removal of negative credit reporting;
• ☐ Public consumer alert and posting on the DCP enforcement page; and
• ☐ Such other and further relief as appropriate.

A.8. Authorization and Verification

I hereby authorize the Utah Division of Consumer Protection to share this complaint and supporting documents with the business identified above, with other federal and state regulators, and with any law-enforcement agency for the purpose of investigation. I declare under penalty of perjury under the laws of the State of Utah (Utah Code § 78B-5-705) that the foregoing is true and correct to the best of my knowledge.

[________________________________] Date: [__/__/____]

[COMPLAINANT NAME]

Submission addresses:

• Online: https://dcp.utah.gov / https://services.commerce.utah.gov/dcp-complaint/
• Mail: Utah Division of Consumer Protection, 160 East 300 South, 2nd Floor, P.O. Box 146704, Salt Lake City, UT 84114-6704
• Phone (intake): (801) 530-6601 / Toll-free 1-800-721-SAFE
• Email: [email protected]

2. SECTION B — UTAH ATTORNEY GENERAL COMPLAINT

B.1. Filing Channel

• ☐ AG Consumer Affairs Office: complaint via https://attorneygeneral.utah.gov;
• ☐ AG Elder Fraud Unit: report at (801) 538-9919;
• ☐ Utah IRIS (identity theft): https://idtheft.utah.gov;
• ☐ Mail: Utah Office of the Attorney General, Utah State Capitol, Suite #230, 350 North State Street, Salt Lake City, UT 84114-2320; (801) 366-0260.

B.2. Categorization

• ☐ Criminal fraud / theft by deception (Utah Code § 76-6-405);
• ☐ Identity fraud (Utah Code § 76-6-1102);
• ☐ Communications fraud (Utah Code § 76-10-1801);
• ☐ Mortgage fraud (Utah Code § 76-6-1203);
• ☐ Securities fraud (Utah Code § 61-1-1);
• ☐ Charitable solicitation fraud (Utah Code § 13-22);
• ☐ Elder financial exploitation (Utah Code § 76-5-111);
• ☐ Pattern-and-practice consumer fraud (UCSPA — referral for AG civil enforcement);
• ☐ Other: [___].

B.3. Narrative

[Insert chronological narrative consistent with Section A.5 above. For criminal referrals, identify the perpetrator(s) by name, address, and any known identifiers; quantify loss; identify witnesses; preserve all original documents.]

B.4. Authorization

I authorize the Utah Office of the Attorney General to share this complaint with law-enforcement agencies, prosecutors, the Utah Division of Consumer Protection, and federal agencies. I declare under penalty of perjury under the laws of Utah that the foregoing is true and correct.

[________________________________] Date: [__/__/____]

3. SECTION C — CONSUMER FINANCIAL PROTECTION BUREAU COMPLAINT

C.1. Product / Issue Selection

Primary product (select one):

• ☐ Debt collection
• ☐ Credit reporting / credit repair / other personal consumer reports
• ☐ Mortgage
• ☐ Credit card or prepaid card
• ☐ Bank account or service
• ☐ Vehicle loan or lease
• ☐ Student loan
• ☐ Payday loan, title loan, personal loan, or installment loan
• ☐ Money transfer, virtual currency, or money service
• ☐ Other financial service

Specific issue: [___]

C.2. What Happened (Narrative)

[Insert chronological narrative consistent with Section A.5 above. Identify dates, amounts, account numbers, and the federal consumer-financial laws implicated, e.g., FDCPA, FCRA, RESPA, TILA, ECOA, EFTA, CFPA Sections 1031/1036 (UDAAP).]

C.3. Resolution Sought

• ☐ Refund or credit of $[___];
• ☐ Correction of credit report;
• ☐ Cessation of unlawful debt-collection conduct;
• ☐ Loan modification / payment plan;
• ☐ Account closure;
• ☐ Apology and explanation;
• ☐ Other: [___].

C.4. Consent and Authorization

• ☐ I consent to publication of my narrative (with personal info scrubbed) on the CFPB Consumer Complaint Database.
• ☐ I authorize the CFPB to share this complaint with the company and with state and federal partners.

C.5. Submission

Online (preferred): https://www.consumerfinance.gov/complaint/

Phone: (855) 411-CFPB (2372); TTY/TDD: (855) 729-2372

Mail: Consumer Financial Protection Bureau, P.O. Box 27170, Washington, DC 20038

The CFPB will forward the complaint to the company and require a response. Most complaints close within 60 days.

4. SECTION D — SUPPLEMENTARY FILINGS (FTC, FCC, BBB, SECTOR REGULATORS)

D.1. Federal Trade Commission

For non-financial consumer matters (deceptive advertising, telemarketing fraud, identity theft, robocalls, scams):

• Online: https://reportfraud.ftc.gov
• Identity theft: https://www.identitytheft.gov

D.2. Federal Communications Commission

For unwanted robocalls, robotexts, and TCPA-related conduct:

• Online: https://consumercomplaints.fcc.gov

D.3. Better Business Bureau — Mountain West (Utah)

For voluntary mediation and public record:

• BBB Mountain West (covers Utah): https://www.bbb.org/local-bbb/bbb-of-mountain-west

D.4. Utah Sector Regulators (As Applicable)

5. SECTION E — DOCUMENT INVENTORY

Attach the following to each filing as appropriate (use the same exhibit numbers across all complaints to maintain a unified record):

• ☐ Exhibit 1 — Contract or terms of service
• ☐ Exhibit 2 — Billing statements, invoices, payment records
• ☐ Exhibit 3 — Written communications (emails, letters, text messages)
• ☐ Exhibit 4 — Call logs and transcripts (Utah is a one-party consent state for recording, Utah Code § 77-23a-4(7))
• ☐ Exhibit 5 — Advertisements, screenshots, and marketing material
• ☐ Exhibit 6 — Credit reports with disputed items circled
• ☐ Exhibit 7 — Police report, FTC identity-theft report, and Utah IRIS report (where applicable)
• ☐ Exhibit 8 — Photographs, video, or audio
• ☐ Exhibit 9 — Prior complaint correspondence and responses
• ☐ Exhibit 10 — Sworn affidavit of complainant (Utah Code § 78B-5-705)

6. UTAH PRACTICE NOTES

• Utah DCP enforcement scope. The Division of Consumer Protection within the Department of Commerce investigates and prosecutes violations of the UCSPA, the Telephone Fraud Prevention Act, the Telemarketing Sales Rule (R152-11-22), the Charitable Solicitations Act, the Pawnshop and Secondhand Merchandise Transaction Act, the Motor Vehicle Business Regulation Act, the Health Spa Services Protection Act, and many other Title 13 chapters. The Division does not represent individual consumers and cannot recover restitution as a matter of right, but its enforcement actions often include consumer redress through cease-and-desist orders, settlement agreements, and stipulations.
• Civil penalties. Utah Code § 13-11-17 authorizes civil penalties of up to $2,500 per violation in administrative proceedings. Utah Code § 13-11-17.5 authorizes enhanced penalties of up to $5,000 per violation where the act was directed at an "elderly person" (60+) or "disabled person." Penalties are payable to the State of Utah.
• Utah Attorney General. The AG's Consumer Protection Division (separate from DCP) handles civil enforcement under the UCSPA and the Antitrust Act, criminal-fraud prosecutions (Utah Code §§ 76-6-405, 76-10-1801), and elder-abuse matters. The AG operates the IRIS identity-theft reporting system at idtheft.utah.gov.
• Preservation of private rights. Filing an administrative complaint does not toll the statute of limitations on private claims (FDCPA: 1 year; UCSPA: 4 years residual under Utah Code § 78B-2-307; FCRA: 2 years from discovery / 5 from violation, 15 U.S.C. § 1681p). File a private suit on the calendar regardless of administrative status.
• CFPB authority. The CFPB regulates debt collectors, CRAs, mortgage servicers, payday lenders, student-loan servicers, and most consumer-financial institutions. CFPA Sections 1031/1036 prohibit unfair, deceptive, or abusive acts or practices (UDAAPs).
• Interaction with private litigation. Consumer complaint narratives published in the CFPB database may be admissible to show pattern and practice. Mark sensitive narratives carefully.
• UCSPA class actions. Utah Code § 13-11-19(4) conditions consumer class actions on prior notice that the conduct is deceptive — through (i) an administrative rule under R152-11, (ii) a published Utah judicial decision, or (iii) a consent judgment. The DCP's prior enforcement actions are publicly searchable and a useful predicate. Class actions by the enforcing authority are governed by § 13-11-20.
• Stop Fraud Utah. Utah AG and DCP coordinate consumer education through public-facing portals; review prior enforcement actions and consumer alerts before transacting with new businesses.
• One-party consent recording. Utah is a one-party consent state under Utah Code § 77-23a-4(7); recordings made by the consumer (a party to the call) are generally admissible.
• Anti-retaliation / filing protection. Threats to file false reports or sue consumers in retaliation for filing legitimate complaints may constitute deceptive or unconscionable conduct under Utah Code §§ 13-11-4 and 13-11-5 and may also trigger UCSPA enforcement.
• Breach reporting. A complaint involving a data breach affecting Utah residents should reference Utah Code § 13-44-202 and, where 500+ Utah residents are affected, the entity's duty to notify both the AG and the Utah Cyber Center.

7. SOURCES AND REFERENCES

• Utah Division of Consumer Protection — https://dcp.utah.gov / https://consumerprotection.utah.gov
• DCP online complaint portal — https://services.commerce.utah.gov/dcp-complaint/
• DCP complaint form (PDF) — https://dcp.utah.gov/wp-content/uploads/2023/05/complaint-form.pdf
• Utah Office of the Attorney General — https://attorneygeneral.utah.gov
• Utah AG Identity Theft Reporting (IRIS) — https://idtheft.utah.gov
• Utah Code Title 13, Chapter 11 (UCSPA) — https://le.utah.gov/xcode/Title13/Chapter11/13-11.html
• Utah Code § 13-11-17 (powers of enforcing authority) — https://le.utah.gov/xcode/Title13/Chapter11/13-11-S17.html
• Utah Code § 13-11-17.5 (elder/disabled enhanced penalty) — https://le.utah.gov/xcode/Title13/Chapter11/13-11-S17.5.html
• Utah Code § 13-11-19 (private right of action) — https://le.utah.gov/xcode/Title13/Chapter11/13-11-S19.html
• Utah Code § 13-11-20 (enforcing authority class actions) — https://le.utah.gov/xcode/Title13/Chapter11/13-11-S20.html
• Utah Admin. Code R152-11 (UCSPA Rule) — https://adminrules.utah.gov/public/rule/R152-11/Current%20Rules
• Utah Code Title 13, Chapter 44 (Protection of Personal Information Act) — https://le.utah.gov/xcode/Title13/Chapter44/13-44.html
• Utah Cyber Center — https://cybercenter.utah.gov
• CFPB, Submit a Complaint — https://www.consumerfinance.gov/complaint/
• CFPB, Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• FTC, ReportFraud.gov — https://reportfraud.ftc.gov
• FCC Consumer Complaints — https://consumercomplaints.fcc.gov
• BBB Mountain West — https://www.bbb.org/local-bbb/bbb-of-mountain-west

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Utah should review filings before submission, particularly where civil litigation is contemplated, where representations could be used adversely, or where the underlying facts may implicate criminal liability.