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Utah Code § 70C-3-104

Class actions

Applied in 2 court decisions — leading case Spann v. American Express Travel Related Services Co. (2006)

Most recently applied in 496 F. Supp. 2d 440 - Homa v. American Express Co. (May 2007)

Enacted by Chapter 172, 2006 General Session

(1) In accordance with this section, a creditor may contract with the debtor of a closed-end consumer contract for a waiver by the debtor of the right to initiate or participate in a class action related to the closed-end consumer contract.

(2) To contract for the waiver described in Subsection (1), the creditor shall disclose the waiver:

(a) to the debtor;

(b) in the closed-end consumer contract; and

(c) for a closed-end consumer contract entered into on or after August 1, 2006, in:

(i) bold type; or

(ii) all capital letters.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.