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House backs amendment to Consumer Sales Practices Act, HB144
Summary
Lawmakers amended the Consumer Sales Practices Act to relax an 'intent to deceive' standard and add negligence language, aiming to improve enforcement; HB144 passed the House 63–10 after sponsor and committee explanation.
Members of the Utah House amended and passed HB144 on Feb. 3, changing wording in the Consumer Sales Practices Act to address enforcement burdens created by an 'intent to deceive' standard adopted in 1985.
Sponsor Michael G. Wattam (floor remarks recorded under another speaker number) explained that the 1985 insertion of 'intent to deceive' had made enforcement difficult for the Department of Consumer Protection because intent is hard to prove without an admission. The floor adopted an amendment replacing 'intent to deceive' with negligence language drafted with counsel and the Attorney General’s office, which sponsors said would allow more flexible enforcement while avoiding an overly strict liability standard.
Supporters said the change would protect consumers who increasingly use catalog and mail-order transactions, while at least one member warned the amendment needed carefully drafted enforcement language. After debate and adoption of technical amendments, the House passed HB144 63–10 and sent it to the Senate.
