General Provisions

Amended by Chapter 95, 2026 General Session2026Definitions.As used in this chapter:"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101."Consumer transaction" means the same as that term is defined in Section 13-11-3."Division" means the Division of Consumer Protection created in Section 13-2-102."Generative artificial intelligence" means an artificial intelligence technology system that:is trained on data;is designed to simulate human conversation with a consumer through one or more of the following:text;audio; orvisual communication; andgenerates non-scripted outputs similar to outputs created by a human, with limited or no human oversight."High-risk artificial intelligence interaction" means an interaction with generative artificial intelligence that involves:the collection of sensitive personal information, including:health data;financial data; orbiometric data;the provision of personalized recommendations, advice, or information that could reasonably be relied upon to make significant personal decisions, including the provision of:financial advice or services;legal advice or services;medical advice or services; ormental health advice or services; orother applications as defined by division rule."License" means a state-granted authorization for an individual to engage in a specified occupation:based on the individual meeting personal qualifications established under state law; andthat is required before the individual may lawfully engage in the occupation for compensation."Office" means the Office of Artificial Intelligence Policy created in Section 13-72-201."Regulated occupation" means an occupation that:is regulated by the Department of Commerce; andrequires an individual to obtain a license or state certification to practice the occupation."State certification" means a state-granted authorization that:permits an individual to use the term "state certified" as part of a designated title related to a specified occupation:based on the individual meeting personal qualifications established under state law; andwhere state law prohibits a noncertified individual from using the term "state certified" as part of a designated title; anddoes not prohibit a noncertified individual from engaging in the occupation for compensation."Supplier" means the same as that term is defined in Section 13-11-3.

Amended by Chapter 95, 2026 General Session2026Liability for violation of consumer protection law.It is not a defense to the violation of any statute administered and enforced by the division under Section 13-2-102 that generative artificial intelligence:made the violative statement;undertook the violative act; orwas used in furtherance of the violation.

Enacted by Chapter 465, 2025 General Session2025Required disclosures.A supplier that uses generative artificial intelligence to interact with an individual in connection with a consumer transaction shall disclose to the individual that the individual is interacting with generative artificial intelligence and not a human, if the individual asks or otherwise prompts the supplier about whether artificial intelligence is being used.The individual's prompt or question under Subsection (1)(a) must be a clear and unambiguous request to determine whether the interaction is with a human or with artificial intelligence.An individual providing services in a regulated occupation shall:prominently disclose when an individual receiving services is interacting with generative artificial intelligence in the provision of regulated services if the use of generative artificial intelligence constitutes a high-risk artificial intelligence interaction; andcomply with all requirements of the regulated occupation when providing services through generative artificial intelligence.A disclosure required under Subsection (2) shall be provided:verbally at the start of a verbal interaction; andin writing before the start of a written interaction.

Enacted by Chapter 465, 2025 General Session2025Safe harbor.A person is not subject to an enforcement action for violating Section 13-77-103 if the person's generative artificial intelligence clearly and conspicuously discloses:at the outset of any interaction with an individual in connection with:a consumer transaction; orthe provision of regulated services; andthroughout the interaction that it:is generative artificial intelligence;is not human; oris an artificial intelligence assistant.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division in consultation with the office, may make rules specifying forms and methods of disclosure that:satisfy the requirements of Subsection (1); ordo not satisfy the requirements of Subsection (1).

Enacted by Chapter 465, 2025 General Session2025Enforcement.A violation of this chapter constitutes a violation of Subsection 13-11-4(1).The division shall administer and enforce this chapter in accordance with Chapter 2, Division of Consumer Protection.The attorney general shall:give legal advice to the division regarding the division's responsibilities under this chapter; andact as counsel for the division in the exercise of the division's responsibilities under this chapter.In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection:the division director may impose an administrative fine of up to $2,500 for each violation of this chapter; andthe division may bring an action in court to enforce this chapter.In an action brought by the division to enforce this chapter, the court may:declare that an act or practice violates this chapter;issue an injunction for a violation of this chapter;order disgorgement of money received in violation of this chapter;order payment of disgorged money to an individual injured by a violation of this chapter;impose a fine of up to $2,500 for each violation of this chapter; oraward other reasonable and necessary relief.If a court of competent jurisdiction grants judgment or injunctive relief to the division, the court shall award the division:reasonable attorney fees;court costs; andinvestigative fees.A person who violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of up to $5,000 for each violation.The attorney general may impose a civil penalty authorized under this section in any civil action brought on behalf of the division.

Enacted by Chapter 465, 2025 General Session2025Scope.This chapter does not displace any other remedy or right authorized under:the laws of this state; orfederal law.