Section 1. Section 13-2-1 is amended to read:13-2-1Effective 05/06/26Superseded 07/01/26. Consumer protection division established -- Functions.(1)There is established within the Department of Commerce the Division of Consumer Protection.(2)The division shall administer and enforce the following:(a)Chapter 10a, Music Licensing Practices Act;(b)Chapter 11, Utah Consumer Sales Practices Act;(c)Chapter 15, Business Opportunity Disclosure Act;(d)Chapter 20, New Motor Vehicle Warranties Act;(e)Chapter 21, Credit Services Organizations Act;(f)Chapter 22, Charitable Solicitations Act;(g)Chapter 23, Health Spa Services Protection Act;(h)Chapter 25a, Telephone and Facsimile Solicitation Act;(i)Chapter 26, Telephone Fraud Prevention Act;(j)Chapter 28, Prize Notices Regulation Act;(k)Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act;(l)Chapter 34, Utah Postsecondary School and State Authorization Act;(m)Chapter 41, Price Controls During Emergencies Act;(n)Chapter 42, Uniform Debt-Management Services Act;(o)Chapter 49, Immigration Consultants Registration Act;(p)Chapter 51, Transportation Network Company Registration Act;(q)Chapter 52, Residential Solar Energy Consumer Protection Act;(r)Chapter 53, Residential, Vocational orand Life Skills Program Act;(s)Chapter 54, Ticket Website Sales Act;(t)Chapter 56, Ticket Transferability Act;(u)Chapter 57, Maintenance Funding Practices Act;(v)Chapter 61, Utah Consumer Privacy Act;(w)Chapter 64, Vehicle Value Protection Agreement Act;(x)Chapter 65, Utah Commercial Email Act;(y)Chapter 67, Online Dating Safety Act; (z)Chapter 68, Lawyer Referral Consultants Registration Act;(aa)Chapter 70, Automatic Renewal Contracts Act;(bb)Chapter 71, Utah Minor Protection in Social Media Act;(cc)Chapter 72a, Artificial Intelligence Applications Relating to Mental Health; and(dd)Chapter 78, Earned Wage Access Services Act.; and(ee)Chapter 82, Consumer Pricing Act.(3)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules to establish:(a)a public list that identifies a person that:(i)violates a chapter described in Subsection (2);(ii)without proper legal justification, fails to comply with an order, subpoena, judgment, or other legal process issued by:(A)the division; or(B)a court of competentwith jurisdiction; or(iii)breaches a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument signed by the person and the division; and(b)a process by which a person may be removed from the list the division establishes as described in Subsection (3)(a).

Section 2. Section 13-2-1 is amended to read:13-2-1Effective 07/01/26. Consumer protection division established -- Functions.(1)There is established within the Department of Commerce the Division of Consumer Protection.(2)The division shall administer and enforce the following:(a)Chapter 10a, Music Licensing Practices Act;(b)Chapter 11, Utah Consumer Sales Practices Act;(c)Chapter 15, Business Opportunity Disclosure Act;(d)Chapter 20, New Motor Vehicle Warranties Act;(e)Chapter 21, Credit Services Organizations Act;(f)Chapter 22, Charitable Solicitations Act;(g)Chapter 23, Health Spa Services Protection Act;(h)Chapter 25a, Telephone and Facsimile Solicitation Act;(i)Chapter 26, Telephone Fraud Prevention Act;(j)Chapter 28, Prize Notices Regulation Act;(k)Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act;(l)Chapter 34, Utah Postsecondary School and State Authorization Act;(m)Chapter 41, Price Controls During Emergencies Act;(n)Chapter 42, Uniform Debt-Management Services Act;(o)Chapter 49, Immigration Consultants Registration Act;(p)Chapter 51, Transportation Network Company Registration Act;(q)Chapter 52, Residential Solar Energy Consumer Protection Act;(r)Chapter 53, Residential, Vocational orand Life Skills Program Act;(s)Chapter 54, Ticket Website Sales Act;(t)Chapter 56, Ticket Transferability Act;(u)Chapter 57, Maintenance Funding Practices Act;(v)Chapter 61, Utah Consumer Privacy Act;(w)Chapter 64, Vehicle Value Protection Agreement Act;(x)Chapter 65, Utah Commercial Email Act;(y)Chapter 67, Online Dating Safety Act; (z)Chapter 68, Lawyer Referral Consultants Registration Act;(aa)Chapter 70, Automatic Renewal Contracts Act;(bb)Chapter 71, Utah Minor Protection in Social Media Act;(cc)Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;(dd)Chapter 78, Earned Wage Access Services Act; and(ee)Chapter 81, Utah Digital Choice Act.; and(ff)Chapter 82, Consumer Pricing Act.(3)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules to establish:(a)a public list that identifies a person that:(i)violates a chapter described in Subsection (2);(ii)without proper legal justification, fails to comply with an order, subpoena, judgment, or other legal process issued by:(A)the division; or(B)a court of competentwith jurisdiction; or(iii)breaches a settlement agreement, stipulation, assurance of voluntary compliance, or similar instrument signed by the person and the division; and(b)a process by which a person may be removed from the list the division establishes as described in Subsection (3)(a).

Section 3. Section 13-82-101 is enacted to read:82. Consumer Pricing Act1. General Provisions13-82-101Effective 05/06/26. Definitions.As used in this chapter:(1)"Automatic pricing system" means a system, software, or process that uses automated processes to:(a)interpret and analyze data; and(b)using the interpretation or analysis described in Subsection (1)(a):(i)assist a person in determining the price of a good or service; or(ii)set the price of a good or service.(2)"Biometric data" means the same as that term is defined in Section 13-61-101.(3)"Customer loyalty program" means a program where a supplier offers a reward or incentive to a consumer for the consumer's repeated purchases, participation, or other similar form of patronage with the supplier.(4)"Division" means the Division of Consumer Protection established in Section 13-2-1.(5)(a)"Personal data" means information that is connected to or could reasonably be connected to an individual or an individual's electronic device.(b)"Personal data" includes:(i)the geolocation of an individual's electronic device;(ii)real-time tracking of an individual's electronic device; and(iii)web browsing history.(6)"Purchase history" means information that is connected to an individual and the individual's previous purchase of a good or a service.(7)"Supplier" means the same as that term is defined in Section 13-11-3.

Section 4. Section 13-82-201 is enacted to read:2. Consumer Pricing13-82-201Effective 05/06/26. Supplier prohibited from using consumer data to set price.(1)Except as provided in Subsection (2), a supplier may not use any of the following to set the price that the supplier charges an individual consumer for a good or service:(a)the consumer's personal data;(b)the consumer's biometric data;(c)the consumer's purchase history; or(d)an inference about the consumer based on an attribute described in Subsections (1)(a) through (c).(2)A supplier may use the information described in Subsections (1)(c) to:(a)operate a customer loyalty program; or(b)offer a discount to the consumer.

Section 5. Section 13-82-202 is enacted to read:13-82-202Effective 05/06/26. Automatic pricing system.If a supplier uses an automatic pricing system to set the price of a good or a service or to assist the supplier in setting the price of a good or a service, the supplier shall:(1)store the price the supplier sets for a good or service and the data that the automatic pricing system uses to set the price of a good or service; and(2)retain the data described in Subsection (1) for at least three years after the day on which the supplier uses the data to set the price of a good or service.

Section 6. Section 13-82-301 is enacted to read:3. Enforcement13-82-301Effective 05/06/26. Enforcement powers of the division.(1)The division shall administer and enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection.(2)In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, the division may:(a)impose an administrative fine of up to $2,500 for a violation of this chapter; and(b)bring an action in a court with jurisdiction to enforce a provision of this chapter.(3)In an action described in Subsection (2)(b), the court may:(a)declare that an act or practice violates a provision of this chapter;(b)issue an injunction for a violation of this chapter;(c)order disgorgement of any money received in violation of this chapter;(d)order payment of disgorged money to an injured purchaser or consumer;(e)impose a fine of up to $2,500 for a violation of this chapter; and(f)award any other relief that the court deems reasonable and necessary.(4)Nothing in this chapter displaces any other available remedy or right authorized under the laws of this state or the United States.

Section 7. Effective Date.(1)Except as provided in Subsection (2), this bill takes effect May 6, 2026.(2)The actions affecting Section 13-2-1 Effective 07/01/26 take effect on July 1, 2026.