Utah Consumer Sales Practices Act vs Private Boot/Tow Operators
Utah Code §13-11-1 et seq. (Consumer Sales Practices Act) prohibits deceptive and unconscionable acts by suppliers in consumer transactions. Utah courts have held that involuntary tow/boot services count as a 'consumer transaction' (see Utah AG Op. Letter 2016, and DDH v. ASAP Towing, 3rd Dist. 2018). Inflated fees, fake 'release agreements', failure to itemize, threats of vehicle disposal, or refusal to release on cash payment are violations giving rise to actual damages, $2,000 statutory damages per violation, and attorney fees under §13-11-19.
Legal basis
Utah Code §13-11-1 to §13-11-23; §13-11-19 (private right of action)
Sample appeal wording
STATE OF UTAH – DIVISION OF CONSUMER PROTECTION Complaint Against [TOW/BOOT COMPANY] Under the Utah Consumer Sales Practices Act, §13-11-1 et seq., I file the following complaint: On [DATE], my vehicle was [booted/towed] at [LOCATION]. The supplier engaged in the following deceptive/unconscionable practices in violation of §13-11-4 and §13-11-5: 1. [Inflated/non-itemized fees of $___ vs. R909-2 maximum of $___] 2. [Refused to accept a credit card as required by §72-9-603] 3. [Required signed waiver of rights as condition of release] 4. [Misrepresented authority to enforce / signage absent] I seek a refund, statutory damages of $2,000 per violation under §13-11-19, and referral for enforcement. [NAME] / [CONTACT] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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