In Utah, the mini-FTC act is Utah Code Title 13, Chapter11 (Utah Consumer Sales Practices Act) and Utah Code Title 13, Chapter 11-a (Truth in Advertising). Under this legislation, plaintiffs have a cause of action when a supplier knowingly or intentionally engages in “deceptive and unconscionable sales practices” or “deceptive, misleading, and false advertising practices.” To sustain an action for damages, the plaintiff must show a “loss” due to the defendant’s conduct. No actual harm is required for a declaratory judgment or injunction to be issued. There is a statute of limitations for actions under the statute of two years after occurrence of a violation, or one year after the termination of proceedings by the enforcing authority with respect to a violation.
A successful plaintiff is entitled to actual damages or $2,000 (whichever is greater) and injunctive relief as potential remedies for a violation. Damages under the statute are not capped, and reasonable attorneys’ fees are recoverable if the plaintiff prevails. Class actions are permitted under the statute.