#Except this time it might actually affect things like copyright law and business practices

[gumjamin]

Twitter is bein a drain tbh... It does not do one well to see the same thing over and over again, even if I agree with it. Especially if it's just a fucking mess of ethics and the value of human existence.

[asafeatherwould]

What Is Unlawful Business in Utah?

Unlawful business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. Unlawful or unethical business practices may arise in many areas, including:

• Tenancy matters

• Matters involving the advertising and sale of products and services to consumers

• Matters involving insurance claims and the settlement thereof

• Debt collection in cases of default

Unlawful business encompasses a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement. It can arise in any line of business and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement. If you own a business in Utah, you ought to be very aware of the Unfair Practices Act that Utah has in place. This act is designed to protect consumers from being discriminated against, taken advantage of, and from unfair competition. The main points of unfair practices that this act protects against are:

• Discrimination in price between different purchasers of commodities of like grade and quality

• Paying or accepting anything of value as compensation, or any allowance or discount in lieu thereof, except for and not exceeding the actual cost of such services rendered in connection with the sale or purchase of goods

• Discrimination in favor of one purchaser against another purchaser

• Advertising goods you are not prepared to supply

Avoiding Unlawful Business

It is, of course, natural to want to have a successful business that accrues plenty of profit. Some unlawful practices may even seem like a logical way to boost your revenue. Nevertheless, these practices should be avoided at all costs; otherwise your business may be subject to legal consequences.

Additionally, it is also important to be familiar with the laws so you do not inadvertently infringe upon them. Knowing what you can and cannot do when advertising, the types of things that you must disclose to your customers and other such guidelines can save you from having to deal with lawsuits over unfair business practices. Keep the following guidelines in mind when advertising and selling products to your customers: • Ensure information about price, value, and quality is not misleading. • Ensure that any disclaimers are prominent and visible, not obscured by images, graphics or text, and do not undermine or contradict the main offer. • Ensure that any promises, opinions, or predictions are true or have reasonable grounds to be true. • Ensure that you give consumers enough information to make an informed choice. Do not remain silent about important facts regarding your goods or services. • Ensure that your advertisements are not offensive. • Ensure that you do not make false or misleading claims about the characteristics of your goods or services. • Ensure that you provide any gifts, rebates or prizes that you offer. They must match their advertised description. • Ensure that you keep a reasonable supply of any sale items you advertise. • Ensure that you never take advantage of a vulnerable person. • Ensure that you always act in good conscience. • Ensure that you do not use undue pressure, influence or unfair tactics to force a consumer into an unreasonable contract.

Protecting Yourself against Deceptive Trade Practices

Consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices. Many unethical business practices are illegal, and they may also be a breach of your contract. If your business provides services to another vendor and is not paid, that gives you the right to sue. In general, unlawful practices occur when a person or business:

• Employs an unconscionable tactic while selling, disposing, or renting goods, services, or real estate

• Uses an unconscionable tactic in collecting or enforcing an obligation is also illegal

• Fails to deliver on any promised goods or services, including failing to refund money

• Unfair business tactics can be used to unlawfully lure consumers into buying a product or service. This is referred to as consumer fraud. Consumer fraud includes:

I. False advertising

II. Pyramid scheme

III. Bait and switch

Many contracts contain severability clauses designed to protect the contract if one portion is found illegal. A severability clause, however, might mean that the rest of the contract is still enforceable. Even in these instances, a court may rule that a contract is unconscionable, which occurs when the terms of the contract are so draconian that no reasonable person would sign it. Consumer protection laws are designed to help protect you from fraudulent, unfair, or unlawful business practices. Through a consumer protection class action lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future.

Antitrust laws are designed to promote fair market competition. They set rules for competition in the marketplace, ensuring that businesses do not engage in predatory business practices that are harmful to consumers. Antitrust litigation is one of the most complex types of business litigation because the claims are fact-intensive and turn on the unique nature of the illegal activity in the particular industry involved. Antitrust litigation is hard-fought, requiring a lengthy and significant legal battle against well-funded defendants.

Filing a Complaint Against a Business

A formal complaint is not necessarily intended to act as a bad review or as a warning to other potential customers. It is a way for you to get a business to address a service issue that you have with them. A complaint may also alert appropriate agencies of a business’s questionable practices.

Before You File a Complaint

Before you file a complaint against a business, it’s usually a good idea to try and resolve your issue directly. If you’ve bought a faulty product, attempt to return it. If they got an order wrong, see if they’re willing to correct the order or give you a refund. If you have an issue with their credit card or other money service policies, call customer support and ask for an explanation. The issue may be covered by the fine print in a contract. You may be able to resolve the issue informally.

When doing this, it always pays to stay polite but firm. Being rude with the person at the company won’t help that person understand your viewpoint. If you’ve attempted this, but the business still refuses to address the issue, then it may be time to file a formal complaint.

Where to File a Complaint?

The first category is for complaints against general businesses. In most cases, these should be considered first. In this category is: • the Better Business Bureau (BBB) • the Federal Trade Commission (FTC) • the Utah State Attorney General’s Office The second category consists of large federal agencies that have more focused areas of operation. These should be considered if the complaint is against a large multistate or multinational company, and if the company is regulated one of these agencies. This category includes: • the Consumer Financial Protection Bureau (CFPB) • the Food and Drug Administration (FDA) • the Federal Communication Commission (FCC) The third category is state government agencies that have focused areas of operation. Think Consumer Protection Division and things of this nature. These should be considered if the company works under a state license and if the company is regulated by of one of these agencies. In some cases, these agencies can get quicker and more satisfying results than their federal counterparts.

How to File a Complaint

Most of these agencies allow complaints to be filed online at their websites. Some complaints can be filed only by mail or over the phone. Most of the complaint forms are straight forward and easy to use. Just fill in the information they ask for and submit. Some also allow you to revisit the site and view the progress of the complaint.

When filing a complaint by mail, remember to include your full name, the name and location of the business you are filing against, and a detailed description of what happened, including identifying specific employees, if that applies. If you are filing by phone, email, or online, have all of that information ready.

Considerations for complaints

Every complaint is reviewed to see if an offence has occurred and if an investigation is needed. These are several factors considered when reviewing a complaint:

• whether the issue falls under legislation we can handle • available evidence to support the complaint • if a business has prior complaint history • the number of people affected • the vulnerability of the consumers

Before you submit a complaint

Before submitting a complaint, it is recommended you try to resolve the problem first. Consumer issues span a vast variety of unique problems. Some can be solved almost instantly, and some involve extensive investigations. Regardless of the circumstances, you have the right to protect your interests and take action if you have been treated unfairly.

When you are faced with a problem, here are the steps you can take:

• Go back to the business: Discuss the issue with the business that provided the goods or services. Be specific about your request, and make sure to get clear explanations as to how your request will be handled. It is best to start this process privately, and give business an opportunity to address the problem.

• Contact your local Better Business Bureau: If a business you are dealing with has Better Business Bureau accreditation, you can file a complaint with Better Business Bureau. This organization may then mediate to get an action from the business to address your problem.

• Contact a professional or industry association: If a business is part of a regulated profession (such as veterinarians, real estate agents, electrical contractors, and so on), business or industry association, contact the relevant organization and ask about options to resolve the matter.

• File a complaint with Consumer Investigations Unit: If the business has committed an unfair practice or unlawful activity as defined in the Consumer Protection Act and there is no remedy from dealing with the business, you can submit an official consumer complaint. All complaints are assessed on a case by case basis to determine an appropriate course of action to address the issue. Anonymous complaints are accepted through the Report a Rip-Off tip line, but anonymous complaints cannot proceed to enforcement action. • Pursue a civil action

Dispute Resolution Programs

Dispute resolution programs are ways to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer programs to solve disputes.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to create their own agreement jointly. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate.

In this light, after having detailed analysis of various aspects of unlawful business in Utah, that Consumer Protection Act contains a wide definition of and plays a vital role towards combating various ill and unlawful business practices. It is a recognized fact that consumers as buyers have poor bargaining power. In spite of various provisions providing protection to the consumer in different enactments very little could be achieved in the area of consumer protection. We may, however, point out that there are certain laws which prevent to a contract from taking undue or unfair advantage of the other and so on but they all are again punitive in nature and do not provide any direct relief to the consumers.

Free Initial Consultation with a Business Lawyer

When you need legal help regarding unlawful business in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Grantsville Utah

Common Law Marriage

Legal Representation Is Important To Winning Child Custody

Can The Bank Take My Home In Bankruptcy?

Are Divorce Rates Increasing?

Bankruptcy Lawyer Riverton Utah

Source: https://www.ascentlawfirm.com/what-is-unlawful-business-in-utah/

[michaeljames1221]

What Is Unlawful Business in Utah?

Unlawful business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. Unlawful or unethical business practices may arise in many areas, including:

• Tenancy matters

• Matters involving the advertising and sale of products and services to consumers

• Matters involving insurance claims and the settlement thereof

• Debt collection in cases of default

Unlawful business encompasses a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement. It can arise in any line of business and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement. If you own a business in Utah, you ought to be very aware of the Unfair Practices Act that Utah has in place. This act is designed to protect consumers from being discriminated against, taken advantage of, and from unfair competition. The main points of unfair practices that this act protects against are:

• Discrimination in price between different purchasers of commodities of like grade and quality

• Paying or accepting anything of value as compensation, or any allowance or discount in lieu thereof, except for and not exceeding the actual cost of such services rendered in connection with the sale or purchase of goods

• Discrimination in favor of one purchaser against another purchaser

• Advertising goods you are not prepared to supply

Avoiding Unlawful Business

It is, of course, natural to want to have a successful business that accrues plenty of profit. Some unlawful practices may even seem like a logical way to boost your revenue. Nevertheless, these practices should be avoided at all costs; otherwise your business may be subject to legal consequences.

Additionally, it is also important to be familiar with the laws so you do not inadvertently infringe upon them. Knowing what you can and cannot do when advertising, the types of things that you must disclose to your customers and other such guidelines can save you from having to deal with lawsuits over unfair business practices. Keep the following guidelines in mind when advertising and selling products to your customers: • Ensure information about price, value, and quality is not misleading. • Ensure that any disclaimers are prominent and visible, not obscured by images, graphics or text, and do not undermine or contradict the main offer. • Ensure that any promises, opinions, or predictions are true or have reasonable grounds to be true. • Ensure that you give consumers enough information to make an informed choice. Do not remain silent about important facts regarding your goods or services. • Ensure that your advertisements are not offensive. • Ensure that you do not make false or misleading claims about the characteristics of your goods or services. • Ensure that you provide any gifts, rebates or prizes that you offer. They must match their advertised description. • Ensure that you keep a reasonable supply of any sale items you advertise. • Ensure that you never take advantage of a vulnerable person. • Ensure that you always act in good conscience. • Ensure that you do not use undue pressure, influence or unfair tactics to force a consumer into an unreasonable contract.

Protecting Yourself against Deceptive Trade Practices

Consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices. Many unethical business practices are illegal, and they may also be a breach of your contract. If your business provides services to another vendor and is not paid, that gives you the right to sue. In general, unlawful practices occur when a person or business:

• Employs an unconscionable tactic while selling, disposing, or renting goods, services, or real estate

• Uses an unconscionable tactic in collecting or enforcing an obligation is also illegal

• Fails to deliver on any promised goods or services, including failing to refund money

• Unfair business tactics can be used to unlawfully lure consumers into buying a product or service. This is referred to as consumer fraud. Consumer fraud includes:

I. False advertising

II. Pyramid scheme

III. Bait and switch

Many contracts contain severability clauses designed to protect the contract if one portion is found illegal. A severability clause, however, might mean that the rest of the contract is still enforceable. Even in these instances, a court may rule that a contract is unconscionable, which occurs when the terms of the contract are so draconian that no reasonable person would sign it. Consumer protection laws are designed to help protect you from fraudulent, unfair, or unlawful business practices. Through a consumer protection class action lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future.

Antitrust laws are designed to promote fair market competition. They set rules for competition in the marketplace, ensuring that businesses do not engage in predatory business practices that are harmful to consumers. Antitrust litigation is one of the most complex types of business litigation because the claims are fact-intensive and turn on the unique nature of the illegal activity in the particular industry involved. Antitrust litigation is hard-fought, requiring a lengthy and significant legal battle against well-funded defendants.

Filing a Complaint Against a Business

A formal complaint is not necessarily intended to act as a bad review or as a warning to other potential customers. It is a way for you to get a business to address a service issue that you have with them. A complaint may also alert appropriate agencies of a business’s questionable practices.

Before You File a Complaint

Before you file a complaint against a business, it’s usually a good idea to try and resolve your issue directly. If you’ve bought a faulty product, attempt to return it. If they got an order wrong, see if they’re willing to correct the order or give you a refund. If you have an issue with their credit card or other money service policies, call customer support and ask for an explanation. The issue may be covered by the fine print in a contract. You may be able to resolve the issue informally.

When doing this, it always pays to stay polite but firm. Being rude with the person at the company won’t help that person understand your viewpoint. If you’ve attempted this, but the business still refuses to address the issue, then it may be time to file a formal complaint.

Where to File a Complaint?

The first category is for complaints against general businesses. In most cases, these should be considered first. In this category is: • the Better Business Bureau (BBB) • the Federal Trade Commission (FTC) • the Utah State Attorney General’s Office The second category consists of large federal agencies that have more focused areas of operation. These should be considered if the complaint is against a large multistate or multinational company, and if the company is regulated one of these agencies. This category includes: • the Consumer Financial Protection Bureau (CFPB) • the Food and Drug Administration (FDA) • the Federal Communication Commission (FCC) The third category is state government agencies that have focused areas of operation. Think Consumer Protection Division and things of this nature. These should be considered if the company works under a state license and if the company is regulated by of one of these agencies. In some cases, these agencies can get quicker and more satisfying results than their federal counterparts.

How to File a Complaint

Most of these agencies allow complaints to be filed online at their websites. Some complaints can be filed only by mail or over the phone. Most of the complaint forms are straight forward and easy to use. Just fill in the information they ask for and submit. Some also allow you to revisit the site and view the progress of the complaint.

When filing a complaint by mail, remember to include your full name, the name and location of the business you are filing against, and a detailed description of what happened, including identifying specific employees, if that applies. If you are filing by phone, email, or online, have all of that information ready.

Considerations for complaints

Every complaint is reviewed to see if an offence has occurred and if an investigation is needed. These are several factors considered when reviewing a complaint:

• whether the issue falls under legislation we can handle • available evidence to support the complaint • if a business has prior complaint history • the number of people affected • the vulnerability of the consumers

Before you submit a complaint

Before submitting a complaint, it is recommended you try to resolve the problem first. Consumer issues span a vast variety of unique problems. Some can be solved almost instantly, and some involve extensive investigations. Regardless of the circumstances, you have the right to protect your interests and take action if you have been treated unfairly.

When you are faced with a problem, here are the steps you can take:

• Go back to the business: Discuss the issue with the business that provided the goods or services. Be specific about your request, and make sure to get clear explanations as to how your request will be handled. It is best to start this process privately, and give business an opportunity to address the problem.

• Contact your local Better Business Bureau: If a business you are dealing with has Better Business Bureau accreditation, you can file a complaint with Better Business Bureau. This organization may then mediate to get an action from the business to address your problem.

• Contact a professional or industry association: If a business is part of a regulated profession (such as veterinarians, real estate agents, electrical contractors, and so on), business or industry association, contact the relevant organization and ask about options to resolve the matter.

• File a complaint with Consumer Investigations Unit: If the business has committed an unfair practice or unlawful activity as defined in the Consumer Protection Act and there is no remedy from dealing with the business, you can submit an official consumer complaint. All complaints are assessed on a case by case basis to determine an appropriate course of action to address the issue. Anonymous complaints are accepted through the Report a Rip-Off tip line, but anonymous complaints cannot proceed to enforcement action. • Pursue a civil action

Dispute Resolution Programs

Dispute resolution programs are ways to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer programs to solve disputes.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to create their own agreement jointly. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate.

In this light, after having detailed analysis of various aspects of unlawful business in Utah, that Consumer Protection Act contains a wide definition of and plays a vital role towards combating various ill and unlawful business practices. It is a recognized fact that consumers as buyers have poor bargaining power. In spite of various provisions providing protection to the consumer in different enactments very little could be achieved in the area of consumer protection. We may, however, point out that there are certain laws which prevent to a contract from taking undue or unfair advantage of the other and so on but they all are again punitive in nature and do not provide any direct relief to the consumers.

Free Initial Consultation with a Business Lawyer

When you need legal help regarding unlawful business in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Grantsville Utah

Common Law Marriage

Legal Representation Is Important To Winning Child Custody

Can The Bank Take My Home In Bankruptcy?

Are Divorce Rates Increasing?

Bankruptcy Lawyer Riverton Utah

from Michael Anderson https://www.ascentlawfirm.com/what-is-unlawful-business-in-utah/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/08/10/what-is-unlawful-business-in-utah/

[aretia]

What Is Unlawful Business in Utah?

Unlawful business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. Unlawful or unethical business practices may arise in many areas, including:

• Tenancy matters

• Matters involving the advertising and sale of products and services to consumers

• Matters involving insurance claims and the settlement thereof

• Debt collection in cases of default

Unlawful business encompasses a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement. It can arise in any line of business and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement. If you own a business in Utah, you ought to be very aware of the Unfair Practices Act that Utah has in place. This act is designed to protect consumers from being discriminated against, taken advantage of, and from unfair competition. The main points of unfair practices that this act protects against are:

• Discrimination in price between different purchasers of commodities of like grade and quality

• Paying or accepting anything of value as compensation, or any allowance or discount in lieu thereof, except for and not exceeding the actual cost of such services rendered in connection with the sale or purchase of goods

• Discrimination in favor of one purchaser against another purchaser

• Advertising goods you are not prepared to supply

Avoiding Unlawful Business

It is, of course, natural to want to have a successful business that accrues plenty of profit. Some unlawful practices may even seem like a logical way to boost your revenue. Nevertheless, these practices should be avoided at all costs; otherwise your business may be subject to legal consequences.

Additionally, it is also important to be familiar with the laws so you do not inadvertently infringe upon them. Knowing what you can and cannot do when advertising, the types of things that you must disclose to your customers and other such guidelines can save you from having to deal with lawsuits over unfair business practices. Keep the following guidelines in mind when advertising and selling products to your customers: • Ensure information about price, value, and quality is not misleading. • Ensure that any disclaimers are prominent and visible, not obscured by images, graphics or text, and do not undermine or contradict the main offer. • Ensure that any promises, opinions, or predictions are true or have reasonable grounds to be true. • Ensure that you give consumers enough information to make an informed choice. Do not remain silent about important facts regarding your goods or services. • Ensure that your advertisements are not offensive. • Ensure that you do not make false or misleading claims about the characteristics of your goods or services. • Ensure that you provide any gifts, rebates or prizes that you offer. They must match their advertised description. • Ensure that you keep a reasonable supply of any sale items you advertise. • Ensure that you never take advantage of a vulnerable person. • Ensure that you always act in good conscience. • Ensure that you do not use undue pressure, influence or unfair tactics to force a consumer into an unreasonable contract.

Protecting Yourself against Deceptive Trade Practices

Consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices. Many unethical business practices are illegal, and they may also be a breach of your contract. If your business provides services to another vendor and is not paid, that gives you the right to sue. In general, unlawful practices occur when a person or business:

• Employs an unconscionable tactic while selling, disposing, or renting goods, services, or real estate

• Uses an unconscionable tactic in collecting or enforcing an obligation is also illegal

• Fails to deliver on any promised goods or services, including failing to refund money

• Unfair business tactics can be used to unlawfully lure consumers into buying a product or service. This is referred to as consumer fraud. Consumer fraud includes:

I. False advertising

II. Pyramid scheme

III. Bait and switch

Many contracts contain severability clauses designed to protect the contract if one portion is found illegal. A severability clause, however, might mean that the rest of the contract is still enforceable. Even in these instances, a court may rule that a contract is unconscionable, which occurs when the terms of the contract are so draconian that no reasonable person would sign it. Consumer protection laws are designed to help protect you from fraudulent, unfair, or unlawful business practices. Through a consumer protection class action lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future.

Antitrust laws are designed to promote fair market competition. They set rules for competition in the marketplace, ensuring that businesses do not engage in predatory business practices that are harmful to consumers. Antitrust litigation is one of the most complex types of business litigation because the claims are fact-intensive and turn on the unique nature of the illegal activity in the particular industry involved. Antitrust litigation is hard-fought, requiring a lengthy and significant legal battle against well-funded defendants.

Filing a Complaint Against a Business

A formal complaint is not necessarily intended to act as a bad review or as a warning to other potential customers. It is a way for you to get a business to address a service issue that you have with them. A complaint may also alert appropriate agencies of a business’s questionable practices.

Before You File a Complaint

Before you file a complaint against a business, it’s usually a good idea to try and resolve your issue directly. If you’ve bought a faulty product, attempt to return it. If they got an order wrong, see if they’re willing to correct the order or give you a refund. If you have an issue with their credit card or other money service policies, call customer support and ask for an explanation. The issue may be covered by the fine print in a contract. You may be able to resolve the issue informally.

When doing this, it always pays to stay polite but firm. Being rude with the person at the company won’t help that person understand your viewpoint. If you’ve attempted this, but the business still refuses to address the issue, then it may be time to file a formal complaint.

Where to File a Complaint?

The first category is for complaints against general businesses. In most cases, these should be considered first. In this category is: • the Better Business Bureau (BBB) • the Federal Trade Commission (FTC) • the Utah State Attorney General’s Office The second category consists of large federal agencies that have more focused areas of operation. These should be considered if the complaint is against a large multistate or multinational company, and if the company is regulated one of these agencies. This category includes: • the Consumer Financial Protection Bureau (CFPB) • the Food and Drug Administration (FDA) • the Federal Communication Commission (FCC) The third category is state government agencies that have focused areas of operation. Think Consumer Protection Division and things of this nature. These should be considered if the company works under a state license and if the company is regulated by of one of these agencies. In some cases, these agencies can get quicker and more satisfying results than their federal counterparts.

How to File a Complaint

Most of these agencies allow complaints to be filed online at their websites. Some complaints can be filed only by mail or over the phone. Most of the complaint forms are straight forward and easy to use. Just fill in the information they ask for and submit. Some also allow you to revisit the site and view the progress of the complaint.

When filing a complaint by mail, remember to include your full name, the name and location of the business you are filing against, and a detailed description of what happened, including identifying specific employees, if that applies. If you are filing by phone, email, or online, have all of that information ready.

Considerations for complaints

Every complaint is reviewed to see if an offence has occurred and if an investigation is needed. These are several factors considered when reviewing a complaint:

• whether the issue falls under legislation we can handle • available evidence to support the complaint • if a business has prior complaint history • the number of people affected • the vulnerability of the consumers

Before you submit a complaint

Before submitting a complaint, it is recommended you try to resolve the problem first. Consumer issues span a vast variety of unique problems. Some can be solved almost instantly, and some involve extensive investigations. Regardless of the circumstances, you have the right to protect your interests and take action if you have been treated unfairly.

When you are faced with a problem, here are the steps you can take:

• Go back to the business: Discuss the issue with the business that provided the goods or services. Be specific about your request, and make sure to get clear explanations as to how your request will be handled. It is best to start this process privately, and give business an opportunity to address the problem.

• Contact your local Better Business Bureau: If a business you are dealing with has Better Business Bureau accreditation, you can file a complaint with Better Business Bureau. This organization may then mediate to get an action from the business to address your problem.

• Contact a professional or industry association: If a business is part of a regulated profession (such as veterinarians, real estate agents, electrical contractors, and so on), business or industry association, contact the relevant organization and ask about options to resolve the matter.

• File a complaint with Consumer Investigations Unit: If the business has committed an unfair practice or unlawful activity as defined in the Consumer Protection Act and there is no remedy from dealing with the business, you can submit an official consumer complaint. All complaints are assessed on a case by case basis to determine an appropriate course of action to address the issue. Anonymous complaints are accepted through the Report a Rip-Off tip line, but anonymous complaints cannot proceed to enforcement action. • Pursue a civil action

Dispute Resolution Programs

Dispute resolution programs are ways to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer programs to solve disputes.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to create their own agreement jointly. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate.

In this light, after having detailed analysis of various aspects of unlawful business in Utah, that Consumer Protection Act contains a wide definition of and plays a vital role towards combating various ill and unlawful business practices. It is a recognized fact that consumers as buyers have poor bargaining power. In spite of various provisions providing protection to the consumer in different enactments very little could be achieved in the area of consumer protection. We may, however, point out that there are certain laws which prevent to a contract from taking undue or unfair advantage of the other and so on but they all are again punitive in nature and do not provide any direct relief to the consumers.

Free Initial Consultation with a Business Lawyer

When you need legal help regarding unlawful business in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Grantsville Utah

Common Law Marriage

Legal Representation Is Important To Winning Child Custody

Can The Bank Take My Home In Bankruptcy?

Are Divorce Rates Increasing?

Bankruptcy Lawyer Riverton Utah

Source: https://www.ascentlawfirm.com/what-is-unlawful-business-in-utah/

[advertphoto]

What Is Unlawful Business in Utah?

Unlawful business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. Unlawful or unethical business practices may arise in many areas, including:

• Tenancy matters

• Matters involving the advertising and sale of products and services to consumers

• Matters involving insurance claims and the settlement thereof

• Debt collection in cases of default

Unlawful business encompasses a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement. It can arise in any line of business and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement. If you own a business in Utah, you ought to be very aware of the Unfair Practices Act that Utah has in place. This act is designed to protect consumers from being discriminated against, taken advantage of, and from unfair competition. The main points of unfair practices that this act protects against are:

• Discrimination in price between different purchasers of commodities of like grade and quality

• Paying or accepting anything of value as compensation, or any allowance or discount in lieu thereof, except for and not exceeding the actual cost of such services rendered in connection with the sale or purchase of goods

• Discrimination in favor of one purchaser against another purchaser

• Advertising goods you are not prepared to supply

Avoiding Unlawful Business

It is, of course, natural to want to have a successful business that accrues plenty of profit. Some unlawful practices may even seem like a logical way to boost your revenue. Nevertheless, these practices should be avoided at all costs; otherwise your business may be subject to legal consequences.

Additionally, it is also important to be familiar with the laws so you do not inadvertently infringe upon them. Knowing what you can and cannot do when advertising, the types of things that you must disclose to your customers and other such guidelines can save you from having to deal with lawsuits over unfair business practices. Keep the following guidelines in mind when advertising and selling products to your customers: • Ensure information about price, value, and quality is not misleading. • Ensure that any disclaimers are prominent and visible, not obscured by images, graphics or text, and do not undermine or contradict the main offer. • Ensure that any promises, opinions, or predictions are true or have reasonable grounds to be true. • Ensure that you give consumers enough information to make an informed choice. Do not remain silent about important facts regarding your goods or services. • Ensure that your advertisements are not offensive. • Ensure that you do not make false or misleading claims about the characteristics of your goods or services. • Ensure that you provide any gifts, rebates or prizes that you offer. They must match their advertised description. • Ensure that you keep a reasonable supply of any sale items you advertise. • Ensure that you never take advantage of a vulnerable person. • Ensure that you always act in good conscience. • Ensure that you do not use undue pressure, influence or unfair tactics to force a consumer into an unreasonable contract.

Protecting Yourself against Deceptive Trade Practices

Consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices. Many unethical business practices are illegal, and they may also be a breach of your contract. If your business provides services to another vendor and is not paid, that gives you the right to sue. In general, unlawful practices occur when a person or business:

• Employs an unconscionable tactic while selling, disposing, or renting goods, services, or real estate

• Uses an unconscionable tactic in collecting or enforcing an obligation is also illegal

• Fails to deliver on any promised goods or services, including failing to refund money

• Unfair business tactics can be used to unlawfully lure consumers into buying a product or service. This is referred to as consumer fraud. Consumer fraud includes:

I. False advertising

II. Pyramid scheme

III. Bait and switch

Many contracts contain severability clauses designed to protect the contract if one portion is found illegal. A severability clause, however, might mean that the rest of the contract is still enforceable. Even in these instances, a court may rule that a contract is unconscionable, which occurs when the terms of the contract are so draconian that no reasonable person would sign it. Consumer protection laws are designed to help protect you from fraudulent, unfair, or unlawful business practices. Through a consumer protection class action lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future.

Antitrust laws are designed to promote fair market competition. They set rules for competition in the marketplace, ensuring that businesses do not engage in predatory business practices that are harmful to consumers. Antitrust litigation is one of the most complex types of business litigation because the claims are fact-intensive and turn on the unique nature of the illegal activity in the particular industry involved. Antitrust litigation is hard-fought, requiring a lengthy and significant legal battle against well-funded defendants.

Filing a Complaint Against a Business

A formal complaint is not necessarily intended to act as a bad review or as a warning to other potential customers. It is a way for you to get a business to address a service issue that you have with them. A complaint may also alert appropriate agencies of a business’s questionable practices.

Before You File a Complaint

Before you file a complaint against a business, it’s usually a good idea to try and resolve your issue directly. If you’ve bought a faulty product, attempt to return it. If they got an order wrong, see if they’re willing to correct the order or give you a refund. If you have an issue with their credit card or other money service policies, call customer support and ask for an explanation. The issue may be covered by the fine print in a contract. You may be able to resolve the issue informally.

When doing this, it always pays to stay polite but firm. Being rude with the person at the company won’t help that person understand your viewpoint. If you’ve attempted this, but the business still refuses to address the issue, then it may be time to file a formal complaint.

Where to File a Complaint?

The first category is for complaints against general businesses. In most cases, these should be considered first. In this category is: • the Better Business Bureau (BBB) • the Federal Trade Commission (FTC) • the Utah State Attorney General’s Office The second category consists of large federal agencies that have more focused areas of operation. These should be considered if the complaint is against a large multistate or multinational company, and if the company is regulated one of these agencies. This category includes: • the Consumer Financial Protection Bureau (CFPB) • the Food and Drug Administration (FDA) • the Federal Communication Commission (FCC) The third category is state government agencies that have focused areas of operation. Think Consumer Protection Division and things of this nature. These should be considered if the company works under a state license and if the company is regulated by of one of these agencies. In some cases, these agencies can get quicker and more satisfying results than their federal counterparts.

How to File a Complaint

Most of these agencies allow complaints to be filed online at their websites. Some complaints can be filed only by mail or over the phone. Most of the complaint forms are straight forward and easy to use. Just fill in the information they ask for and submit. Some also allow you to revisit the site and view the progress of the complaint.

When filing a complaint by mail, remember to include your full name, the name and location of the business you are filing against, and a detailed description of what happened, including identifying specific employees, if that applies. If you are filing by phone, email, or online, have all of that information ready.

Considerations for complaints

Every complaint is reviewed to see if an offence has occurred and if an investigation is needed. These are several factors considered when reviewing a complaint:

• whether the issue falls under legislation we can handle • available evidence to support the complaint • if a business has prior complaint history • the number of people affected • the vulnerability of the consumers

Before you submit a complaint

Before submitting a complaint, it is recommended you try to resolve the problem first. Consumer issues span a vast variety of unique problems. Some can be solved almost instantly, and some involve extensive investigations. Regardless of the circumstances, you have the right to protect your interests and take action if you have been treated unfairly.

When you are faced with a problem, here are the steps you can take:

• Go back to the business: Discuss the issue with the business that provided the goods or services. Be specific about your request, and make sure to get clear explanations as to how your request will be handled. It is best to start this process privately, and give business an opportunity to address the problem.

• Contact your local Better Business Bureau: If a business you are dealing with has Better Business Bureau accreditation, you can file a complaint with Better Business Bureau. This organization may then mediate to get an action from the business to address your problem.

• Contact a professional or industry association: If a business is part of a regulated profession (such as veterinarians, real estate agents, electrical contractors, and so on), business or industry association, contact the relevant organization and ask about options to resolve the matter.

• File a complaint with Consumer Investigations Unit: If the business has committed an unfair practice or unlawful activity as defined in the Consumer Protection Act and there is no remedy from dealing with the business, you can submit an official consumer complaint. All complaints are assessed on a case by case basis to determine an appropriate course of action to address the issue. Anonymous complaints are accepted through the Report a Rip-Off tip line, but anonymous complaints cannot proceed to enforcement action. • Pursue a civil action

Dispute Resolution Programs

Dispute resolution programs are ways to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer programs to solve disputes.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to create their own agreement jointly. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate.

In this light, after having detailed analysis of various aspects of unlawful business in Utah, that Consumer Protection Act contains a wide definition of and plays a vital role towards combating various ill and unlawful business practices. It is a recognized fact that consumers as buyers have poor bargaining power. In spite of various provisions providing protection to the consumer in different enactments very little could be achieved in the area of consumer protection. We may, however, point out that there are certain laws which prevent to a contract from taking undue or unfair advantage of the other and so on but they all are again punitive in nature and do not provide any direct relief to the consumers.

Free Initial Consultation with a Business Lawyer

When you need legal help regarding unlawful business in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Grantsville Utah

Common Law Marriage

Legal Representation Is Important To Winning Child Custody

Can The Bank Take My Home In Bankruptcy?

Are Divorce Rates Increasing?

Bankruptcy Lawyer Riverton Utah

Source: https://www.ascentlawfirm.com/what-is-unlawful-business-in-utah/

[mayarosa47]

What Is Unlawful Business in Utah?

Unlawful business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. Unlawful or unethical business practices may arise in many areas, including:

• Tenancy matters

• Matters involving the advertising and sale of products and services to consumers

• Matters involving insurance claims and the settlement thereof

• Debt collection in cases of default

Unlawful business encompasses a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement. It can arise in any line of business and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement. If you own a business in Utah, you ought to be very aware of the Unfair Practices Act that Utah has in place. This act is designed to protect consumers from being discriminated against, taken advantage of, and from unfair competition. The main points of unfair practices that this act protects against are:

• Discrimination in price between different purchasers of commodities of like grade and quality

• Paying or accepting anything of value as compensation, or any allowance or discount in lieu thereof, except for and not exceeding the actual cost of such services rendered in connection with the sale or purchase of goods

• Discrimination in favor of one purchaser against another purchaser

• Advertising goods you are not prepared to supply

Avoiding Unlawful Business

It is, of course, natural to want to have a successful business that accrues plenty of profit. Some unlawful practices may even seem like a logical way to boost your revenue. Nevertheless, these practices should be avoided at all costs; otherwise your business may be subject to legal consequences.

Additionally, it is also important to be familiar with the laws so you do not inadvertently infringe upon them. Knowing what you can and cannot do when advertising, the types of things that you must disclose to your customers and other such guidelines can save you from having to deal with lawsuits over unfair business practices. Keep the following guidelines in mind when advertising and selling products to your customers: • Ensure information about price, value, and quality is not misleading. • Ensure that any disclaimers are prominent and visible, not obscured by images, graphics or text, and do not undermine or contradict the main offer. • Ensure that any promises, opinions, or predictions are true or have reasonable grounds to be true. • Ensure that you give consumers enough information to make an informed choice. Do not remain silent about important facts regarding your goods or services. • Ensure that your advertisements are not offensive. • Ensure that you do not make false or misleading claims about the characteristics of your goods or services. • Ensure that you provide any gifts, rebates or prizes that you offer. They must match their advertised description. • Ensure that you keep a reasonable supply of any sale items you advertise. • Ensure that you never take advantage of a vulnerable person. • Ensure that you always act in good conscience. • Ensure that you do not use undue pressure, influence or unfair tactics to force a consumer into an unreasonable contract.

Protecting Yourself against Deceptive Trade Practices

Consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices. Many unethical business practices are illegal, and they may also be a breach of your contract. If your business provides services to another vendor and is not paid, that gives you the right to sue. In general, unlawful practices occur when a person or business:

• Employs an unconscionable tactic while selling, disposing, or renting goods, services, or real estate

• Uses an unconscionable tactic in collecting or enforcing an obligation is also illegal

• Fails to deliver on any promised goods or services, including failing to refund money

• Unfair business tactics can be used to unlawfully lure consumers into buying a product or service. This is referred to as consumer fraud. Consumer fraud includes:

I. False advertising

II. Pyramid scheme

III. Bait and switch

Many contracts contain severability clauses designed to protect the contract if one portion is found illegal. A severability clause, however, might mean that the rest of the contract is still enforceable. Even in these instances, a court may rule that a contract is unconscionable, which occurs when the terms of the contract are so draconian that no reasonable person would sign it. Consumer protection laws are designed to help protect you from fraudulent, unfair, or unlawful business practices. Through a consumer protection class action lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future.

Antitrust laws are designed to promote fair market competition. They set rules for competition in the marketplace, ensuring that businesses do not engage in predatory business practices that are harmful to consumers. Antitrust litigation is one of the most complex types of business litigation because the claims are fact-intensive and turn on the unique nature of the illegal activity in the particular industry involved. Antitrust litigation is hard-fought, requiring a lengthy and significant legal battle against well-funded defendants.

Filing a Complaint Against a Business

A formal complaint is not necessarily intended to act as a bad review or as a warning to other potential customers. It is a way for you to get a business to address a service issue that you have with them. A complaint may also alert appropriate agencies of a business’s questionable practices.

Before You File a Complaint

Before you file a complaint against a business, it’s usually a good idea to try and resolve your issue directly. If you’ve bought a faulty product, attempt to return it. If they got an order wrong, see if they’re willing to correct the order or give you a refund. If you have an issue with their credit card or other money service policies, call customer support and ask for an explanation. The issue may be covered by the fine print in a contract. You may be able to resolve the issue informally.

When doing this, it always pays to stay polite but firm. Being rude with the person at the company won’t help that person understand your viewpoint. If you’ve attempted this, but the business still refuses to address the issue, then it may be time to file a formal complaint.

Where to File a Complaint?

The first category is for complaints against general businesses. In most cases, these should be considered first. In this category is: • the Better Business Bureau (BBB) • the Federal Trade Commission (FTC) • the Utah State Attorney General’s Office The second category consists of large federal agencies that have more focused areas of operation. These should be considered if the complaint is against a large multistate or multinational company, and if the company is regulated one of these agencies. This category includes: • the Consumer Financial Protection Bureau (CFPB) • the Food and Drug Administration (FDA) • the Federal Communication Commission (FCC) The third category is state government agencies that have focused areas of operation. Think Consumer Protection Division and things of this nature. These should be considered if the company works under a state license and if the company is regulated by of one of these agencies. In some cases, these agencies can get quicker and more satisfying results than their federal counterparts.

How to File a Complaint

Most of these agencies allow complaints to be filed online at their websites. Some complaints can be filed only by mail or over the phone. Most of the complaint forms are straight forward and easy to use. Just fill in the information they ask for and submit. Some also allow you to revisit the site and view the progress of the complaint.

When filing a complaint by mail, remember to include your full name, the name and location of the business you are filing against, and a detailed description of what happened, including identifying specific employees, if that applies. If you are filing by phone, email, or online, have all of that information ready.

Considerations for complaints

Every complaint is reviewed to see if an offence has occurred and if an investigation is needed. These are several factors considered when reviewing a complaint:

• whether the issue falls under legislation we can handle • available evidence to support the complaint • if a business has prior complaint history • the number of people affected • the vulnerability of the consumers

Before you submit a complaint

Before submitting a complaint, it is recommended you try to resolve the problem first. Consumer issues span a vast variety of unique problems. Some can be solved almost instantly, and some involve extensive investigations. Regardless of the circumstances, you have the right to protect your interests and take action if you have been treated unfairly.

When you are faced with a problem, here are the steps you can take:

• Go back to the business: Discuss the issue with the business that provided the goods or services. Be specific about your request, and make sure to get clear explanations as to how your request will be handled. It is best to start this process privately, and give business an opportunity to address the problem.

• Contact your local Better Business Bureau: If a business you are dealing with has Better Business Bureau accreditation, you can file a complaint with Better Business Bureau. This organization may then mediate to get an action from the business to address your problem.

• Contact a professional or industry association: If a business is part of a regulated profession (such as veterinarians, real estate agents, electrical contractors, and so on), business or industry association, contact the relevant organization and ask about options to resolve the matter.

• File a complaint with Consumer Investigations Unit: If the business has committed an unfair practice or unlawful activity as defined in the Consumer Protection Act and there is no remedy from dealing with the business, you can submit an official consumer complaint. All complaints are assessed on a case by case basis to determine an appropriate course of action to address the issue. Anonymous complaints are accepted through the Report a Rip-Off tip line, but anonymous complaints cannot proceed to enforcement action. • Pursue a civil action

Dispute Resolution Programs

Dispute resolution programs are ways to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer programs to solve disputes.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to create their own agreement jointly. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate.

In this light, after having detailed analysis of various aspects of unlawful business in Utah, that Consumer Protection Act contains a wide definition of and plays a vital role towards combating various ill and unlawful business practices. It is a recognized fact that consumers as buyers have poor bargaining power. In spite of various provisions providing protection to the consumer in different enactments very little could be achieved in the area of consumer protection. We may, however, point out that there are certain laws which prevent to a contract from taking undue or unfair advantage of the other and so on but they all are again punitive in nature and do not provide any direct relief to the consumers.

Free Initial Consultation with a Business Lawyer

When you need legal help regarding unlawful business in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Grantsville Utah

Common Law Marriage

Legal Representation Is Important To Winning Child Custody

Can The Bank Take My Home In Bankruptcy?

Are Divorce Rates Increasing?

Bankruptcy Lawyer Riverton Utah

from https://www.ascentlawfirm.com/what-is-unlawful-business-in-utah/

from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/what-is-unlawful-business-in-utah

[melissawalker01]

What Is Unlawful Business in Utah?

Unlawful business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. Unlawful or unethical business practices may arise in many areas, including:

• Tenancy matters

• Matters involving the advertising and sale of products and services to consumers

• Matters involving insurance claims and the settlement thereof

• Debt collection in cases of default

Unlawful business encompasses a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement. It can arise in any line of business and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement. If you own a business in Utah, you ought to be very aware of the Unfair Practices Act that Utah has in place. This act is designed to protect consumers from being discriminated against, taken advantage of, and from unfair competition. The main points of unfair practices that this act protects against are:

• Discrimination in price between different purchasers of commodities of like grade and quality

• Paying or accepting anything of value as compensation, or any allowance or discount in lieu thereof, except for and not exceeding the actual cost of such services rendered in connection with the sale or purchase of goods

• Discrimination in favor of one purchaser against another purchaser

• Advertising goods you are not prepared to supply

Avoiding Unlawful Business

It is, of course, natural to want to have a successful business that accrues plenty of profit. Some unlawful practices may even seem like a logical way to boost your revenue. Nevertheless, these practices should be avoided at all costs; otherwise your business may be subject to legal consequences.

Additionally, it is also important to be familiar with the laws so you do not inadvertently infringe upon them. Knowing what you can and cannot do when advertising, the types of things that you must disclose to your customers and other such guidelines can save you from having to deal with lawsuits over unfair business practices. Keep the following guidelines in mind when advertising and selling products to your customers: • Ensure information about price, value, and quality is not misleading. • Ensure that any disclaimers are prominent and visible, not obscured by images, graphics or text, and do not undermine or contradict the main offer. • Ensure that any promises, opinions, or predictions are true or have reasonable grounds to be true. • Ensure that you give consumers enough information to make an informed choice. Do not remain silent about important facts regarding your goods or services. • Ensure that your advertisements are not offensive. • Ensure that you do not make false or misleading claims about the characteristics of your goods or services. • Ensure that you provide any gifts, rebates or prizes that you offer. They must match their advertised description. • Ensure that you keep a reasonable supply of any sale items you advertise. • Ensure that you never take advantage of a vulnerable person. • Ensure that you always act in good conscience. • Ensure that you do not use undue pressure, influence or unfair tactics to force a consumer into an unreasonable contract.

Protecting Yourself against Deceptive Trade Practices

Consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices. Many unethical business practices are illegal, and they may also be a breach of your contract. If your business provides services to another vendor and is not paid, that gives you the right to sue. In general, unlawful practices occur when a person or business:

• Employs an unconscionable tactic while selling, disposing, or renting goods, services, or real estate

• Uses an unconscionable tactic in collecting or enforcing an obligation is also illegal

• Fails to deliver on any promised goods or services, including failing to refund money

• Unfair business tactics can be used to unlawfully lure consumers into buying a product or service. This is referred to as consumer fraud. Consumer fraud includes:

I. False advertising

II. Pyramid scheme

III. Bait and switch

Many contracts contain severability clauses designed to protect the contract if one portion is found illegal. A severability clause, however, might mean that the rest of the contract is still enforceable. Even in these instances, a court may rule that a contract is unconscionable, which occurs when the terms of the contract are so draconian that no reasonable person would sign it. Consumer protection laws are designed to help protect you from fraudulent, unfair, or unlawful business practices. Through a consumer protection class action lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future.

Antitrust laws are designed to promote fair market competition. They set rules for competition in the marketplace, ensuring that businesses do not engage in predatory business practices that are harmful to consumers. Antitrust litigation is one of the most complex types of business litigation because the claims are fact-intensive and turn on the unique nature of the illegal activity in the particular industry involved. Antitrust litigation is hard-fought, requiring a lengthy and significant legal battle against well-funded defendants.

Filing a Complaint Against a Business

A formal complaint is not necessarily intended to act as a bad review or as a warning to other potential customers. It is a way for you to get a business to address a service issue that you have with them. A complaint may also alert appropriate agencies of a business’s questionable practices.

Before You File a Complaint

Before you file a complaint against a business, it’s usually a good idea to try and resolve your issue directly. If you’ve bought a faulty product, attempt to return it. If they got an order wrong, see if they’re willing to correct the order or give you a refund. If you have an issue with their credit card or other money service policies, call customer support and ask for an explanation. The issue may be covered by the fine print in a contract. You may be able to resolve the issue informally.

When doing this, it always pays to stay polite but firm. Being rude with the person at the company won’t help that person understand your viewpoint. If you’ve attempted this, but the business still refuses to address the issue, then it may be time to file a formal complaint.

Where to File a Complaint?

The first category is for complaints against general businesses. In most cases, these should be considered first. In this category is: • the Better Business Bureau (BBB) • the Federal Trade Commission (FTC) • the Utah State Attorney General’s Office The second category consists of large federal agencies that have more focused areas of operation. These should be considered if the complaint is against a large multistate or multinational company, and if the company is regulated one of these agencies. This category includes: • the Consumer Financial Protection Bureau (CFPB) • the Food and Drug Administration (FDA) • the Federal Communication Commission (FCC) The third category is state government agencies that have focused areas of operation. Think Consumer Protection Division and things of this nature. These should be considered if the company works under a state license and if the company is regulated by of one of these agencies. In some cases, these agencies can get quicker and more satisfying results than their federal counterparts.

How to File a Complaint

Most of these agencies allow complaints to be filed online at their websites. Some complaints can be filed only by mail or over the phone. Most of the complaint forms are straight forward and easy to use. Just fill in the information they ask for and submit. Some also allow you to revisit the site and view the progress of the complaint.

When filing a complaint by mail, remember to include your full name, the name and location of the business you are filing against, and a detailed description of what happened, including identifying specific employees, if that applies. If you are filing by phone, email, or online, have all of that information ready.

Considerations for complaints

Every complaint is reviewed to see if an offence has occurred and if an investigation is needed. These are several factors considered when reviewing a complaint:

• whether the issue falls under legislation we can handle • available evidence to support the complaint • if a business has prior complaint history • the number of people affected • the vulnerability of the consumers

Before you submit a complaint

Before submitting a complaint, it is recommended you try to resolve the problem first. Consumer issues span a vast variety of unique problems. Some can be solved almost instantly, and some involve extensive investigations. Regardless of the circumstances, you have the right to protect your interests and take action if you have been treated unfairly.

When you are faced with a problem, here are the steps you can take:

• Go back to the business: Discuss the issue with the business that provided the goods or services. Be specific about your request, and make sure to get clear explanations as to how your request will be handled. It is best to start this process privately, and give business an opportunity to address the problem.

• Contact your local Better Business Bureau: If a business you are dealing with has Better Business Bureau accreditation, you can file a complaint with Better Business Bureau. This organization may then mediate to get an action from the business to address your problem.

• Contact a professional or industry association: If a business is part of a regulated profession (such as veterinarians, real estate agents, electrical contractors, and so on), business or industry association, contact the relevant organization and ask about options to resolve the matter.

• File a complaint with Consumer Investigations Unit: If the business has committed an unfair practice or unlawful activity as defined in the Consumer Protection Act and there is no remedy from dealing with the business, you can submit an official consumer complaint. All complaints are assessed on a case by case basis to determine an appropriate course of action to address the issue. Anonymous complaints are accepted through the Report a Rip-Off tip line, but anonymous complaints cannot proceed to enforcement action. • Pursue a civil action

Dispute Resolution Programs

Dispute resolution programs are ways to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer programs to solve disputes.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to create their own agreement jointly. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate.

In this light, after having detailed analysis of various aspects of unlawful business in Utah, that Consumer Protection Act contains a wide definition of and plays a vital role towards combating various ill and unlawful business practices. It is a recognized fact that consumers as buyers have poor bargaining power. In spite of various provisions providing protection to the consumer in different enactments very little could be achieved in the area of consumer protection. We may, however, point out that there are certain laws which prevent to a contract from taking undue or unfair advantage of the other and so on but they all are again punitive in nature and do not provide any direct relief to the consumers.

Free Initial Consultation with a Business Lawyer

When you need legal help regarding unlawful business in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Grantsville Utah

Common Law Marriage

Legal Representation Is Important To Winning Child Custody

Can The Bank Take My Home In Bankruptcy?

Are Divorce Rates Increasing?

Bankruptcy Lawyer Riverton Utah

from Michael Anderson https://www.ascentlawfirm.com/what-is-unlawful-business-in-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/186899742200

[divorcelawyergunnisonutah]

What Is Unlawful Business in Utah?

Unlawful business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. Unlawful or unethical business practices may arise in many areas, including:

• Tenancy matters

• Matters involving the advertising and sale of products and services to consumers

• Matters involving insurance claims and the settlement thereof

• Debt collection in cases of default

Unlawful business encompasses a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement. It can arise in any line of business and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement. If you own a business in Utah, you ought to be very aware of the Unfair Practices Act that Utah has in place. This act is designed to protect consumers from being discriminated against, taken advantage of, and from unfair competition. The main points of unfair practices that this act protects against are:

• Discrimination in price between different purchasers of commodities of like grade and quality

• Paying or accepting anything of value as compensation, or any allowance or discount in lieu thereof, except for and not exceeding the actual cost of such services rendered in connection with the sale or purchase of goods

• Discrimination in favor of one purchaser against another purchaser

• Advertising goods you are not prepared to supply

Avoiding Unlawful Business

It is, of course, natural to want to have a successful business that accrues plenty of profit. Some unlawful practices may even seem like a logical way to boost your revenue. Nevertheless, these practices should be avoided at all costs; otherwise your business may be subject to legal consequences.

Additionally, it is also important to be familiar with the laws so you do not inadvertently infringe upon them. Knowing what you can and cannot do when advertising, the types of things that you must disclose to your customers and other such guidelines can save you from having to deal with lawsuits over unfair business practices. Keep the following guidelines in mind when advertising and selling products to your customers: • Ensure information about price, value, and quality is not misleading. • Ensure that any disclaimers are prominent and visible, not obscured by images, graphics or text, and do not undermine or contradict the main offer. • Ensure that any promises, opinions, or predictions are true or have reasonable grounds to be true. • Ensure that you give consumers enough information to make an informed choice. Do not remain silent about important facts regarding your goods or services. • Ensure that your advertisements are not offensive. • Ensure that you do not make false or misleading claims about the characteristics of your goods or services. • Ensure that you provide any gifts, rebates or prizes that you offer. They must match their advertised description. • Ensure that you keep a reasonable supply of any sale items you advertise. • Ensure that you never take advantage of a vulnerable person. • Ensure that you always act in good conscience. • Ensure that you do not use undue pressure, influence or unfair tactics to force a consumer into an unreasonable contract.

Protecting Yourself against Deceptive Trade Practices

Consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices. Many unethical business practices are illegal, and they may also be a breach of your contract. If your business provides services to another vendor and is not paid, that gives you the right to sue. In general, unlawful practices occur when a person or business:

• Employs an unconscionable tactic while selling, disposing, or renting goods, services, or real estate

• Uses an unconscionable tactic in collecting or enforcing an obligation is also illegal

• Fails to deliver on any promised goods or services, including failing to refund money

• Unfair business tactics can be used to unlawfully lure consumers into buying a product or service. This is referred to as consumer fraud. Consumer fraud includes:

I. False advertising

II. Pyramid scheme

III. Bait and switch

Many contracts contain severability clauses designed to protect the contract if one portion is found illegal. A severability clause, however, might mean that the rest of the contract is still enforceable. Even in these instances, a court may rule that a contract is unconscionable, which occurs when the terms of the contract are so draconian that no reasonable person would sign it. Consumer protection laws are designed to help protect you from fraudulent, unfair, or unlawful business practices. Through a consumer protection class action lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future.

Antitrust laws are designed to promote fair market competition. They set rules for competition in the marketplace, ensuring that businesses do not engage in predatory business practices that are harmful to consumers. Antitrust litigation is one of the most complex types of business litigation because the claims are fact-intensive and turn on the unique nature of the illegal activity in the particular industry involved. Antitrust litigation is hard-fought, requiring a lengthy and significant legal battle against well-funded defendants.

Filing a Complaint Against a Business

A formal complaint is not necessarily intended to act as a bad review or as a warning to other potential customers. It is a way for you to get a business to address a service issue that you have with them. A complaint may also alert appropriate agencies of a business’s questionable practices.

Before You File a Complaint

Before you file a complaint against a business, it’s usually a good idea to try and resolve your issue directly. If you’ve bought a faulty product, attempt to return it. If they got an order wrong, see if they’re willing to correct the order or give you a refund. If you have an issue with their credit card or other money service policies, call customer support and ask for an explanation. The issue may be covered by the fine print in a contract. You may be able to resolve the issue informally.

When doing this, it always pays to stay polite but firm. Being rude with the person at the company won’t help that person understand your viewpoint. If you’ve attempted this, but the business still refuses to address the issue, then it may be time to file a formal complaint.

Where to File a Complaint?

The first category is for complaints against general businesses. In most cases, these should be considered first. In this category is: • the Better Business Bureau (BBB) • the Federal Trade Commission (FTC) • the Utah State Attorney General’s Office The second category consists of large federal agencies that have more focused areas of operation. These should be considered if the complaint is against a large multistate or multinational company, and if the company is regulated one of these agencies. This category includes: • the Consumer Financial Protection Bureau (CFPB) • the Food and Drug Administration (FDA) • the Federal Communication Commission (FCC) The third category is state government agencies that have focused areas of operation. Think Consumer Protection Division and things of this nature. These should be considered if the company works under a state license and if the company is regulated by of one of these agencies. In some cases, these agencies can get quicker and more satisfying results than their federal counterparts.

How to File a Complaint

Most of these agencies allow complaints to be filed online at their websites. Some complaints can be filed only by mail or over the phone. Most of the complaint forms are straight forward and easy to use. Just fill in the information they ask for and submit. Some also allow you to revisit the site and view the progress of the complaint.

When filing a complaint by mail, remember to include your full name, the name and location of the business you are filing against, and a detailed description of what happened, including identifying specific employees, if that applies. If you are filing by phone, email, or online, have all of that information ready.

Considerations for complaints

Every complaint is reviewed to see if an offence has occurred and if an investigation is needed. These are several factors considered when reviewing a complaint:

• whether the issue falls under legislation we can handle • available evidence to support the complaint • if a business has prior complaint history • the number of people affected • the vulnerability of the consumers

Before you submit a complaint

Before submitting a complaint, it is recommended you try to resolve the problem first. Consumer issues span a vast variety of unique problems. Some can be solved almost instantly, and some involve extensive investigations. Regardless of the circumstances, you have the right to protect your interests and take action if you have been treated unfairly.

When you are faced with a problem, here are the steps you can take:

• Go back to the business: Discuss the issue with the business that provided the goods or services. Be specific about your request, and make sure to get clear explanations as to how your request will be handled. It is best to start this process privately, and give business an opportunity to address the problem.

• Contact your local Better Business Bureau: If a business you are dealing with has Better Business Bureau accreditation, you can file a complaint with Better Business Bureau. This organization may then mediate to get an action from the business to address your problem.

• Contact a professional or industry association: If a business is part of a regulated profession (such as veterinarians, real estate agents, electrical contractors, and so on), business or industry association, contact the relevant organization and ask about options to resolve the matter.

• File a complaint with Consumer Investigations Unit: If the business has committed an unfair practice or unlawful activity as defined in the Consumer Protection Act and there is no remedy from dealing with the business, you can submit an official consumer complaint. All complaints are assessed on a case by case basis to determine an appropriate course of action to address the issue. Anonymous complaints are accepted through the Report a Rip-Off tip line, but anonymous complaints cannot proceed to enforcement action. • Pursue a civil action

Dispute Resolution Programs

Dispute resolution programs are ways to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer programs to solve disputes.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to create their own agreement jointly. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate.

In this light, after having detailed analysis of various aspects of unlawful business in Utah, that Consumer Protection Act contains a wide definition of and plays a vital role towards combating various ill and unlawful business practices. It is a recognized fact that consumers as buyers have poor bargaining power. In spite of various provisions providing protection to the consumer in different enactments very little could be achieved in the area of consumer protection. We may, however, point out that there are certain laws which prevent to a contract from taking undue or unfair advantage of the other and so on but they all are again punitive in nature and do not provide any direct relief to the consumers.

Free Initial Consultation with a Business Lawyer

When you need legal help regarding unlawful business in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Grantsville Utah

Common Law Marriage

Legal Representation Is Important To Winning Child Custody

Can The Bank Take My Home In Bankruptcy?

Are Divorce Rates Increasing?

Bankruptcy Lawyer Riverton Utah

from Michael Anderson https://www.ascentlawfirm.com/what-is-unlawful-business-in-utah/

[coming-from-hell]

What Is Unlawful Business in Utah?

Unlawful business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. Unlawful or unethical business practices may arise in many areas, including:

• Tenancy matters

• Matters involving the advertising and sale of products and services to consumers

• Matters involving insurance claims and the settlement thereof

• Debt collection in cases of default

Unlawful business encompasses a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement. It can arise in any line of business and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement. If you own a business in Utah, you ought to be very aware of the Unfair Practices Act that Utah has in place. This act is designed to protect consumers from being discriminated against, taken advantage of, and from unfair competition. The main points of unfair practices that this act protects against are:

• Discrimination in price between different purchasers of commodities of like grade and quality

• Paying or accepting anything of value as compensation, or any allowance or discount in lieu thereof, except for and not exceeding the actual cost of such services rendered in connection with the sale or purchase of goods

• Discrimination in favor of one purchaser against another purchaser

• Advertising goods you are not prepared to supply

Avoiding Unlawful Business

It is, of course, natural to want to have a successful business that accrues plenty of profit. Some unlawful practices may even seem like a logical way to boost your revenue. Nevertheless, these practices should be avoided at all costs; otherwise your business may be subject to legal consequences.

Additionally, it is also important to be familiar with the laws so you do not inadvertently infringe upon them. Knowing what you can and cannot do when advertising, the types of things that you must disclose to your customers and other such guidelines can save you from having to deal with lawsuits over unfair business practices. Keep the following guidelines in mind when advertising and selling products to your customers: • Ensure information about price, value, and quality is not misleading. • Ensure that any disclaimers are prominent and visible, not obscured by images, graphics or text, and do not undermine or contradict the main offer. • Ensure that any promises, opinions, or predictions are true or have reasonable grounds to be true. • Ensure that you give consumers enough information to make an informed choice. Do not remain silent about important facts regarding your goods or services. • Ensure that your advertisements are not offensive. • Ensure that you do not make false or misleading claims about the characteristics of your goods or services. • Ensure that you provide any gifts, rebates or prizes that you offer. They must match their advertised description. • Ensure that you keep a reasonable supply of any sale items you advertise. • Ensure that you never take advantage of a vulnerable person. • Ensure that you always act in good conscience. • Ensure that you do not use undue pressure, influence or unfair tactics to force a consumer into an unreasonable contract.

Protecting Yourself against Deceptive Trade Practices

Consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices. Many unethical business practices are illegal, and they may also be a breach of your contract. If your business provides services to another vendor and is not paid, that gives you the right to sue. In general, unlawful practices occur when a person or business:

• Employs an unconscionable tactic while selling, disposing, or renting goods, services, or real estate

• Uses an unconscionable tactic in collecting or enforcing an obligation is also illegal

• Fails to deliver on any promised goods or services, including failing to refund money

• Unfair business tactics can be used to unlawfully lure consumers into buying a product or service. This is referred to as consumer fraud. Consumer fraud includes:

I. False advertising

II. Pyramid scheme

III. Bait and switch

Many contracts contain severability clauses designed to protect the contract if one portion is found illegal. A severability clause, however, might mean that the rest of the contract is still enforceable. Even in these instances, a court may rule that a contract is unconscionable, which occurs when the terms of the contract are so draconian that no reasonable person would sign it. Consumer protection laws are designed to help protect you from fraudulent, unfair, or unlawful business practices. Through a consumer protection class action lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future.

Antitrust laws are designed to promote fair market competition. They set rules for competition in the marketplace, ensuring that businesses do not engage in predatory business practices that are harmful to consumers. Antitrust litigation is one of the most complex types of business litigation because the claims are fact-intensive and turn on the unique nature of the illegal activity in the particular industry involved. Antitrust litigation is hard-fought, requiring a lengthy and significant legal battle against well-funded defendants.

Filing a Complaint Against a Business

A formal complaint is not necessarily intended to act as a bad review or as a warning to other potential customers. It is a way for you to get a business to address a service issue that you have with them. A complaint may also alert appropriate agencies of a business’s questionable practices.

Before You File a Complaint

Before you file a complaint against a business, it’s usually a good idea to try and resolve your issue directly. If you’ve bought a faulty product, attempt to return it. If they got an order wrong, see if they’re willing to correct the order or give you a refund. If you have an issue with their credit card or other money service policies, call customer support and ask for an explanation. The issue may be covered by the fine print in a contract. You may be able to resolve the issue informally.

When doing this, it always pays to stay polite but firm. Being rude with the person at the company won’t help that person understand your viewpoint. If you’ve attempted this, but the business still refuses to address the issue, then it may be time to file a formal complaint.

Where to File a Complaint?

The first category is for complaints against general businesses. In most cases, these should be considered first. In this category is: • the Better Business Bureau (BBB) • the Federal Trade Commission (FTC) • the Utah State Attorney General’s Office The second category consists of large federal agencies that have more focused areas of operation. These should be considered if the complaint is against a large multistate or multinational company, and if the company is regulated one of these agencies. This category includes: • the Consumer Financial Protection Bureau (CFPB) • the Food and Drug Administration (FDA) • the Federal Communication Commission (FCC) The third category is state government agencies that have focused areas of operation. Think Consumer Protection Division and things of this nature. These should be considered if the company works under a state license and if the company is regulated by of one of these agencies. In some cases, these agencies can get quicker and more satisfying results than their federal counterparts.

How to File a Complaint

Most of these agencies allow complaints to be filed online at their websites. Some complaints can be filed only by mail or over the phone. Most of the complaint forms are straight forward and easy to use. Just fill in the information they ask for and submit. Some also allow you to revisit the site and view the progress of the complaint.

When filing a complaint by mail, remember to include your full name, the name and location of the business you are filing against, and a detailed description of what happened, including identifying specific employees, if that applies. If you are filing by phone, email, or online, have all of that information ready.

Considerations for complaints

Every complaint is reviewed to see if an offence has occurred and if an investigation is needed. These are several factors considered when reviewing a complaint:

• whether the issue falls under legislation we can handle • available evidence to support the complaint • if a business has prior complaint history • the number of people affected • the vulnerability of the consumers

Before you submit a complaint

Before submitting a complaint, it is recommended you try to resolve the problem first. Consumer issues span a vast variety of unique problems. Some can be solved almost instantly, and some involve extensive investigations. Regardless of the circumstances, you have the right to protect your interests and take action if you have been treated unfairly.

When you are faced with a problem, here are the steps you can take:

• Go back to the business: Discuss the issue with the business that provided the goods or services. Be specific about your request, and make sure to get clear explanations as to how your request will be handled. It is best to start this process privately, and give business an opportunity to address the problem.

• Contact your local Better Business Bureau: If a business you are dealing with has Better Business Bureau accreditation, you can file a complaint with Better Business Bureau. This organization may then mediate to get an action from the business to address your problem.

• Contact a professional or industry association: If a business is part of a regulated profession (such as veterinarians, real estate agents, electrical contractors, and so on), business or industry association, contact the relevant organization and ask about options to resolve the matter.

• File a complaint with Consumer Investigations Unit: If the business has committed an unfair practice or unlawful activity as defined in the Consumer Protection Act and there is no remedy from dealing with the business, you can submit an official consumer complaint. All complaints are assessed on a case by case basis to determine an appropriate course of action to address the issue. Anonymous complaints are accepted through the Report a Rip-Off tip line, but anonymous complaints cannot proceed to enforcement action. • Pursue a civil action

Dispute Resolution Programs

Dispute resolution programs are ways to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer programs to solve disputes.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to create their own agreement jointly. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate.

In this light, after having detailed analysis of various aspects of unlawful business in Utah, that Consumer Protection Act contains a wide definition of and plays a vital role towards combating various ill and unlawful business practices. It is a recognized fact that consumers as buyers have poor bargaining power. In spite of various provisions providing protection to the consumer in different enactments very little could be achieved in the area of consumer protection. We may, however, point out that there are certain laws which prevent to a contract from taking undue or unfair advantage of the other and so on but they all are again punitive in nature and do not provide any direct relief to the consumers.

Free Initial Consultation with a Business Lawyer

When you need legal help regarding unlawful business in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Grantsville Utah

Common Law Marriage

Legal Representation Is Important To Winning Child Custody

Can The Bank Take My Home In Bankruptcy?

Are Divorce Rates Increasing?

Bankruptcy Lawyer Riverton Utah

Source: https://www.ascentlawfirm.com/what-is-unlawful-business-in-utah/

[gonnagoandrunwiththehorses]

What Is Unlawful Business in Utah?

Unlawful business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. Unlawful or unethical business practices may arise in many areas, including:

• Tenancy matters

• Matters involving the advertising and sale of products and services to consumers

• Matters involving insurance claims and the settlement thereof

• Debt collection in cases of default

Unlawful business encompasses a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement. It can arise in any line of business and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement. If you own a business in Utah, you ought to be very aware of the Unfair Practices Act that Utah has in place. This act is designed to protect consumers from being discriminated against, taken advantage of, and from unfair competition. The main points of unfair practices that this act protects against are:

• Discrimination in price between different purchasers of commodities of like grade and quality

• Paying or accepting anything of value as compensation, or any allowance or discount in lieu thereof, except for and not exceeding the actual cost of such services rendered in connection with the sale or purchase of goods

• Discrimination in favor of one purchaser against another purchaser

• Advertising goods you are not prepared to supply

Avoiding Unlawful Business

It is, of course, natural to want to have a successful business that accrues plenty of profit. Some unlawful practices may even seem like a logical way to boost your revenue. Nevertheless, these practices should be avoided at all costs; otherwise your business may be subject to legal consequences.

Additionally, it is also important to be familiar with the laws so you do not inadvertently infringe upon them. Knowing what you can and cannot do when advertising, the types of things that you must disclose to your customers and other such guidelines can save you from having to deal with lawsuits over unfair business practices. Keep the following guidelines in mind when advertising and selling products to your customers: • Ensure information about price, value, and quality is not misleading. • Ensure that any disclaimers are prominent and visible, not obscured by images, graphics or text, and do not undermine or contradict the main offer. • Ensure that any promises, opinions, or predictions are true or have reasonable grounds to be true. • Ensure that you give consumers enough information to make an informed choice. Do not remain silent about important facts regarding your goods or services. • Ensure that your advertisements are not offensive. • Ensure that you do not make false or misleading claims about the characteristics of your goods or services. • Ensure that you provide any gifts, rebates or prizes that you offer. They must match their advertised description. • Ensure that you keep a reasonable supply of any sale items you advertise. • Ensure that you never take advantage of a vulnerable person. • Ensure that you always act in good conscience. • Ensure that you do not use undue pressure, influence or unfair tactics to force a consumer into an unreasonable contract.

Protecting Yourself against Deceptive Trade Practices

Consumers must do their best to avoid these swindles before they happen. A state consumer protection office can give you the most up-to-date information on local scams, and receive reports about a person or local business engaging in deceptive business practices. Many unethical business practices are illegal, and they may also be a breach of your contract. If your business provides services to another vendor and is not paid, that gives you the right to sue. In general, unlawful practices occur when a person or business:

• Employs an unconscionable tactic while selling, disposing, or renting goods, services, or real estate

• Uses an unconscionable tactic in collecting or enforcing an obligation is also illegal

• Fails to deliver on any promised goods or services, including failing to refund money

• Unfair business tactics can be used to unlawfully lure consumers into buying a product or service. This is referred to as consumer fraud. Consumer fraud includes:

I. False advertising

II. Pyramid scheme

III. Bait and switch

Many contracts contain severability clauses designed to protect the contract if one portion is found illegal. A severability clause, however, might mean that the rest of the contract is still enforceable. Even in these instances, a court may rule that a contract is unconscionable, which occurs when the terms of the contract are so draconian that no reasonable person would sign it. Consumer protection laws are designed to help protect you from fraudulent, unfair, or unlawful business practices. Through a consumer protection class action lawsuit, consumers can restore the financial losses they and others have suffered. They can also put a stop to the company’s offending practices, ensuring that others will not be harmed in the future.

Antitrust laws are designed to promote fair market competition. They set rules for competition in the marketplace, ensuring that businesses do not engage in predatory business practices that are harmful to consumers. Antitrust litigation is one of the most complex types of business litigation because the claims are fact-intensive and turn on the unique nature of the illegal activity in the particular industry involved. Antitrust litigation is hard-fought, requiring a lengthy and significant legal battle against well-funded defendants.

Filing a Complaint Against a Business

A formal complaint is not necessarily intended to act as a bad review or as a warning to other potential customers. It is a way for you to get a business to address a service issue that you have with them. A complaint may also alert appropriate agencies of a business’s questionable practices.

Before You File a Complaint

Before you file a complaint against a business, it’s usually a good idea to try and resolve your issue directly. If you’ve bought a faulty product, attempt to return it. If they got an order wrong, see if they’re willing to correct the order or give you a refund. If you have an issue with their credit card or other money service policies, call customer support and ask for an explanation. The issue may be covered by the fine print in a contract. You may be able to resolve the issue informally.

When doing this, it always pays to stay polite but firm. Being rude with the person at the company won’t help that person understand your viewpoint. If you’ve attempted this, but the business still refuses to address the issue, then it may be time to file a formal complaint.

Where to File a Complaint?

The first category is for complaints against general businesses. In most cases, these should be considered first. In this category is: • the Better Business Bureau (BBB) • the Federal Trade Commission (FTC) • the Utah State Attorney General’s Office The second category consists of large federal agencies that have more focused areas of operation. These should be considered if the complaint is against a large multistate or multinational company, and if the company is regulated one of these agencies. This category includes: • the Consumer Financial Protection Bureau (CFPB) • the Food and Drug Administration (FDA) • the Federal Communication Commission (FCC) The third category is state government agencies that have focused areas of operation. Think Consumer Protection Division and things of this nature. These should be considered if the company works under a state license and if the company is regulated by of one of these agencies. In some cases, these agencies can get quicker and more satisfying results than their federal counterparts.

How to File a Complaint

Most of these agencies allow complaints to be filed online at their websites. Some complaints can be filed only by mail or over the phone. Most of the complaint forms are straight forward and easy to use. Just fill in the information they ask for and submit. Some also allow you to revisit the site and view the progress of the complaint.

When filing a complaint by mail, remember to include your full name, the name and location of the business you are filing against, and a detailed description of what happened, including identifying specific employees, if that applies. If you are filing by phone, email, or online, have all of that information ready.

Considerations for complaints

Every complaint is reviewed to see if an offence has occurred and if an investigation is needed. These are several factors considered when reviewing a complaint:

• whether the issue falls under legislation we can handle • available evidence to support the complaint • if a business has prior complaint history • the number of people affected • the vulnerability of the consumers

Before you submit a complaint

Before submitting a complaint, it is recommended you try to resolve the problem first. Consumer issues span a vast variety of unique problems. Some can be solved almost instantly, and some involve extensive investigations. Regardless of the circumstances, you have the right to protect your interests and take action if you have been treated unfairly.

When you are faced with a problem, here are the steps you can take:

• Go back to the business: Discuss the issue with the business that provided the goods or services. Be specific about your request, and make sure to get clear explanations as to how your request will be handled. It is best to start this process privately, and give business an opportunity to address the problem.

• Contact your local Better Business Bureau: If a business you are dealing with has Better Business Bureau accreditation, you can file a complaint with Better Business Bureau. This organization may then mediate to get an action from the business to address your problem.

• Contact a professional or industry association: If a business is part of a regulated profession (such as veterinarians, real estate agents, electrical contractors, and so on), business or industry association, contact the relevant organization and ask about options to resolve the matter.

• File a complaint with Consumer Investigations Unit: If the business has committed an unfair practice or unlawful activity as defined in the Consumer Protection Act and there is no remedy from dealing with the business, you can submit an official consumer complaint. All complaints are assessed on a case by case basis to determine an appropriate course of action to address the issue. Anonymous complaints are accepted through the Report a Rip-Off tip line, but anonymous complaints cannot proceed to enforcement action. • Pursue a civil action

Dispute Resolution Programs

Dispute resolution programs are ways to solve disagreements between buyers and sellers, without going to court. Some companies and industries offer programs to solve disputes.

Mediation, arbitration, and conciliation are the three common types of dispute resolution. During mediation, both sides involved in the dispute meet with a neutral third party, a mediator, to create their own agreement jointly. In arbitration, the third party, an arbitrator, decides how to settle the problem. Conciliation is similar to arbitration; however, you and the other party meet with the conciliator separately (not a group meeting). Request a copy of the rules of any program before deciding to participate.

In this light, after having detailed analysis of various aspects of unlawful business in Utah, that Consumer Protection Act contains a wide definition of and plays a vital role towards combating various ill and unlawful business practices. It is a recognized fact that consumers as buyers have poor bargaining power. In spite of various provisions providing protection to the consumer in different enactments very little could be achieved in the area of consumer protection. We may, however, point out that there are certain laws which prevent to a contract from taking undue or unfair advantage of the other and so on but they all are again punitive in nature and do not provide any direct relief to the consumers.

Free Initial Consultation with a Business Lawyer

When you need legal help regarding unlawful business in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Corporate Lawyer Grantsville Utah

Common Law Marriage

Legal Representation Is Important To Winning Child Custody

Can The Bank Take My Home In Bankruptcy?

Are Divorce Rates Increasing?

Bankruptcy Lawyer Riverton Utah

Source: https://www.ascentlawfirm.com/what-is-unlawful-business-in-utah/

[awesomeprofitmc]

GDPR Compliance – A Practical Guide for Bloggers and Small Business Owners

Is your business or blog GDPR complaint?

If you answer “No” or, “What’s GDPR?”

Then, you should read this post very carefully!

In the last few days the online business space has been in a frenzy as online entrepreneurs and webmasters hustled to beat the 25th of May, 2018 deadline of being GDPR compliant. I’m sure that you must have received one of those emails telling you that their privacy policy have been updated!

So, what is GDPR compliance and what’s its implication for your online business?

If you are like me, then you must be asking these questions like right now. When I first heard about the GDPR I didn’t rush into updating my Privacy Policy instead I sought out different experts and also tried reading the GDPR document. But it wasn’t an easy task because the document is highly complex and simply unreadable.

I also found some articles and blog posts on Google but most of them had little to offer as they were mostly written to promote some product or the other. Many others were just a few thoughts on the GDPR document.

However, after much research and asking around, I was able to glimpse some insight into its meaning after which I reworked and updated my site’s Privacy Policy.

You can read the updated Privacy Policy here. It’s important that you read because it is the binding document on this site right now.

In this post, I want to share with you a few things on the GDPR and also give you a few tips on how you can easily stay complaint.

Related: Google’s New Privacy Policy: How Much Of User’s Rights Is Being Violated?

DISCLAIMER: I am not a lawyer neither am I in any away an expert on legal matters. What I have done here is to make this complex topic understandable and actionable for you, within my own understanding of the topic. This article is for informational purposes only. I recommend that you consult your legal advisor to determine your own GDPR needs.

That being said, let’s get started…

Part 1: An Overview of the GDPR

What is GDPR?

GDPR stands for General Data Protection Regulation and it is a new privacy regulation created by the EU to protect the privacy of all individuals within the European Union. Its focus is to give people more control over their personal data. This new regulation replaces the Data Protection Directive 95/46/EC and it is designed to harmonize data privacy laws across Europe.

While the regulation actually applies to businesses in the EU it however has effect on businesses outside the EU as long as they collect or process personal data of individuals residing in the EU.

This is where your blog or small online business is affected.

Of course, as an online business your operations are worldwide and persons from the EU do visit your website, blog or social media pages – except of course, if you’re blocking traffic from that part of the world!

Another very critical issue with this regulation is that though the deadline to be compliant was 25th May, 2018 it is also retroactive.

This means, if you have customers’ or subscribers’ data you’re storing or using even if these were collected before May 25th, 2018, you must ensure that you are also compliant on those too!

This is really serious and it will interest you to know that just a few day after the deadline Google, Facebook, Apple, Amazon, LinkedIn and others have been hit with serious GDPR complaints.

While these privacy activities may be targeting these giants for now, no one knows what they will be doing next. Remember that wise saying, a stitch in time saves nine!

If that does not give you some reason to be complaint, then this should…

The Penalties for Non-Complaint with GDPR

When I first noticed the panic this new regulation caused among online marketers I knew this was something special. And so, I was not surprised therefore when I discovered that most of the panic was actually because of the penalty – €20 million or 4% of your world-wide annual revenue, whichever is higher.

With that do you still want me to remind you at this point that you should take every step necessary to stay compliant?

What Is Personal Data?

It is important you understand the definition of personal data according to the European Commission. This will help you better understand what you need to do to stay complaint with this regulation.

According to the European Commission,

“Personal data is any information relating to an individual (the data subject), whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social media networking website, medical information, or a computer’s IP address.”

From the above definition (note that even a computer’s IP address is considered as personal data) it is clear that if you own a website or a blog, if you’re an online marketer, if you market on social media, if you use any form of tags for re-targeting customers…

… As long as you capture and record user data of any form, you need to be GDPR compliant!

It will interest you to know that websites and blogs, especially those that run on the WordPress platform, collect personal data in different ways. Some of these ways include:

Through registered users

Through comments posted on your blog

Through the use of contact forms on your site or blog

Through Google Analytics and other traffic monitoring software

Through email subscriptions

Through WordPress plugins

The Rights of Data Subjects Under the GDPR

Now, while you might be tempted to simply update your Privacy Policy and think that will do the trick, the truth is, that’s just the beginning.

The crux of the matter is the rights of the individual under this new regulation. It’s expected that if you receive any request related to any of these rights, you should respond within 30 days. So, it’s important that you know what these rights are and how to go about protecting them.

To get the full details about these rights you may want to check out the official GDPR site referenced above. However, for the purpose of this post, here’s a brief summary of the rights of the individual under the regulation.

1. The Right To Be Informed

The individual is expected to know what type of data you collect about him or her and how it is to be used. You should provide clear and concise information why this data is being collected, how it will be saved, for how long, who has access to it and who is the data controller.

2. The Right Of Access

Beyond knowing how you store their personal data, the individual also has the right of access to that data whenever they wish. So, a subscriber to your email list or a user of your website can demand to have access to the data you have saved about him or her and you are obligated to provide such data.

3. The Right To Rectify Saved Data

The individual also has the right to have their inaccurate or incomplete data that is saved by you to be updated or rectified. Whenever, you or your data controller receives such a request you are obligated to take the necessary steps to have the data updated as requested.

4. The Right To Restrict

The individual also has the right to restrict the use of his or her data. In this case, you may record such data but not use same for any purpose.

5. The Right To Port Data

If the individual so wish he or she may request their saved data in machine readable or human readable formats. They are free to use this data for whatever purpose they so wish.

6. The Right To Erasure

The individual also has the right to withdraw their consent and request that their saved data be erased completely.

7. The Right To Object

The individual have the right to object the use of their data in a certain way. It is therefore important that you inform the user ahead of how their data is to be processed.

8. The Right Not To Be Subject To Automated Decision-Making

Where the data you saved about a user is to be used for some form of automated decision-making that will affect them legally or otherwise the individual has the right to opt out of such processes.

While all of these sound complex it is important that you understand them so you can stay complaint.

What Does GDPR Mean for Your Business?

From the above, every business owner, blogger, web master, internet marketer, etc. (as long as you collect and process personal data of users and customers) has the following responsibilities:

Provide users your identity and inform them the type of information you collect about them, how and why you collect it, what you do with it, how long you store it, and who else have access to it

Obtain clear and explicit consent from the user when you collect their data

Give access to the user when they request such

Delete any use’s data whenever such a request is made and show proof that you have done this

Where there is any form of data breach, inform the users within 72 hours.

The question now is how do you ensure that you are complaint with all of these? This is what we want to look at next.

Related: How to Copyright Content: 5 Proven Tactics to Stop Content Theft & Ensure Your Content Is Not Copied!

Part 2: GDPR Compliance Checklist

Steps to Staying Complaint with GDPR

Let me repeat once again that the GDPR document is complex. The following is simply a basic guide of what you can do to be complaint.

Step 1: Update the Legal Pages of Your Website or Blog

These basically include your terms of use and privacy policy pages.

The terms of use or terms and conditions page on your site are basically the place where you state the rules that bind the user to your business. The privacy policy on the other hand deals with what type of data about your users and customers that you collect and process.

You will need to update these pages to include relevant information about GDPR compliance. Most of this will be on your privacy policy, since it is the document that deals primarily with consumer data on your site or blog.

Your updated privacy policy should specifically state who you are (which includes your name or organization name, address, contact information, etc), what personal data you collect, why you collect the data, how long you plan to retain the data, who else you share it with, how customers can download their data whenever they so wish, how they can delete or ask their data to be deleted, contact Information of your Data Protection Officer (which could just be your email address except you have a dedicated Data Protection Officer).

All of these should be clearly stated on your privacy policy page.

If you use WordPress for your site/blog then you will be glad to know that the latest version has a new feature that allows you to easily create your blog’s privacy policy.

To use this feature:

(a) Go to Settings -> Privacy

(b) Create a new page or choose your already existing privacy policy page to set it.

If you’re creating a new page, WordPress will populate the new page with the basic information that you need to have on your privacy policy. However, before publishing it you will need to review it, adding or removing data to agree with what you expect to have on your privacy policy.

Step 2: Obtain Explicit Consent of the User before Collecting Their Personal Data

Since you’re required to get the consent of the user before you can process their data you should do everything possible to ensure that this is obtained. Look into the areas from which you collect data of users. This will include places like blog comments, contact forms, newsletter subscriptions, etc. Make sure you have the explicit consent of the user before capturing their information.

The easiest way to do this is to put a checkbox on all the places from which you collect data for the user to provide their consent. It’s important that you’re specific of what consent you’re asking for and include a link to your privacy policy. Also it’s important that you don’t pre-check the checkboxes.

Again the latest version of WordPress already has this feature for comments.

Step 3: Clean Up Your Existing Email List

Since GDPR is retroactive you will need to clean up your existing email list to ensure that you only have subscribers who has given their consent. One way to do this is to send re-engagement emails so that your EU subscribers can re-optin to your list. Ensure that you clearly explain how you’d use the subscribers’ data and what content you will be sending them.

Step 4: Create a System for Data Subjects to Request Access to Their Data

GDPR requires you to allow users access to their data. It is not enough to state this on your privacy policy. You should also have in place a way for them to easily access the data when they so desire.

There are a number of ways you can do this. For example, if a user request to have access to the personal data you’re processing about them, you can take a screenshot of the customer record or you can export the contact details of the user in a CSV file and then send it to them.

This is another thing that the latest version of WordPress has made easy for you also. There are new tools for users to view their data, and even request deletion of their data. You can access these new tools by going to Tools.

Here’s the process of using these tools:

User requests to view or delete their data

You go to Tools and then to the Export or Erase Personal Data Setting

You enter the user’s email id, and click “send request”

This sends a confirmation link for the user to confirm their request

Once the user confirm the request you can then send them a downloadable file containing the requested data with the click of a button

Once this file has been sent it will be deleted after 72 hours for security purposes

If the request is for deletion, then as soon as the user confirms the request you can delete the data.

Conclusion – More Resources

There you have it, my simple guide to help you stay GDPR compliant. Please understand that, as I have mentioned earlier this is a complex topic. There’s so much that I have not touched on in this post. To dig deeper feel free to browse these resources:

General Data Protection Regulations (GDPR) full text

Frequently Asked Questions and Answers regarding GDPR

A guideline on identifying a Data Protection Officer

Again note that violating the GDPR comes with a heavy fine of 20 million Euros or 4% of your revenues, whichever is higher. If however you take the above necessary steps, you’ll not have to worry much.

I do hope that this has helped in any way. If so, then show some love by sharing the post with your friends on your favorite social media!

Feel free also to share your thoughts on the GDPR in the comments below.

Loved What You've Just Read?

Then join 3,047 other HAPPY Subscribers and get FREE updates in your email inbox starting now!

Enter Your Details to Receive FREE Updates

Subscribe for FREE

We hate spam and your info. is safe!

GDPR Compliance – A Practical Guide for Bloggers and Small Business Owners was first posted on June 5, 2018 at 9:08 am. ©2014 "The Web Income Journal!". Use of this feed is for personal non-commercial use only. If you are not reading this article in your feed reader, then the site is guilty of copyright infringement. Please Click here to contact me. from GDPR Compliance – A Practical Guide for Bloggers and Small Business Owners

[mortallyshytrash-blog]

Challenges.

     What do you do when faced with a challenge? Do you run and hide? Face it head on? Do you pretend that it’s not even there? These are all plausible solutions, and depending on who you are as a person or what’s going on, you’re likely to do one or all of these things daily or weekly. Take, for example, a scene out of almost any movie or book about high school in which the main character is a small, nerdy freshman who is targeted by the buff bully of the eleventh grade. The bully will taunt the small boy while literally and figuratively pummeling him into the ground for months, maybe even years, until one day, that smaller boy will snap. He’ll fight back, and he’ll probably get his butt kicked into next week. Or maybe, the bully will sneer at him and invite him to meet in the parking lot after school where a real showdown can be had. The outmatched boy, having realized that he’s backed himself into a corner, will have no choice but to agree to the meeting with false confidence, as though his heart isn’t already trying to pound itself out of his chest. Once the bully is gone, however, he will be faced with the choice of whether to honor his commitment or not. If he goes, he knows he will likely be beaten and humiliated in front of his classmates, none of whom will come to his aid. He could leave school early and avoid the entire situation, but at what cost? Is his reputation worth it? What if the bully decides to track him down and beats him up at home, in front of his family?      The possibilities surrounding this fairly generic scenario are endless. One could quite literally branch this into an entire novel, and then another author could come along and branch it into an entirely different novel without breaking any copyright laws. The challenge faced here by the small boy could be reacted to in many ways, as is the same with most trials that we face. Others, however, are seemingly simpler and much more nefarious. But what if there are only two options to your challenge? What if you can either face it or ignore it? Here is where we break away from the generics and hypothetical situations, because this is where I begin to tell my story. In my story, I am the small freshman. And my bully? My bully is a disease that will affect me and cause me pain for the rest of my life. Now, before I get too far into the logistics and the past few weeks of my life, I need to add in a disclaimer: at this time, I do not (that I know of) have this disease as I am waiting on test results.      Throughout my eighteen years on this earth, my dad has been one of the most important people in my life, and he has retained that special position in my heart despite his passing away almost three years ago. I’ve always been a “daddy’s girl.” He and I are alike in our mannerisms and our countenance. We speak the same and we look the same. That is, we look the same except he always had these golf ball sized growths on his wrists. To a stranger, these were probably very alarming to see, but to me, these huge growths were just one more thing that made my dad special, even though I knew they caused him pain and were the result of his severe rheumatoid arthritis. When I was young, he would check my fingers and wrists almost weekly to be sure I didn’t show signs of these growths. He pushed for me to be tested for the disease when I was five or six, but most doctors are skeptical about testing such a young child, especially when RA tests aren’t always accurate because each RA patient is different and not all of them (us?) show the same results. I was denied the test. When I was about thirteen, we went to another doctor who again told us that we probably wouldn’t get a for sure answer from a blood test, so we went back home and continued on with our lives. Why worry about something that isn’t here yet?      As I said before, I’m eighteen years old. In high school, I kept myself active, participating in two sports each my freshman, sophomore, and junior years. Because of a shoulder injury, I had to get surgery which was supposed to cause me to miss one of my two sports, and then, as a result of a minor complication with either the surgery or my recovery, I ended up not being able to do my other one either. I substituted the time I used to spend at practice with working my job at the coffee shop and spent the rest of my time reading, studying, hanging out with friends, or preparing for college. Normal teenage stuff. I assumed that everyone’s knees cracked when they stood up after kneeling. And everyone’s ankles get sore after sitting criss cross, don’t they? The stiffness and popping I experienced in my joints never bothered me because to me, that was normal; I never questioned it. Most people, if you were to ask them, would describe themselves and their behaviors as normal. The same is true of me.        One day at work, I got out of my chair to take a customer’s order and felt such an intense pain in my right ankle that I could barely walk for the rest of the day. Not only that, but the entire side of my foot was swollen. I assumed that I had just rolled my ankle at some point recently, but I couldn’t recall exactly when it had happened. The other weird thing was the fact that I was experiencing swelling. My ankles generally have a bit of swelling around them anyways, but my ankles do not swell when I sprain or roll them (and yes, I do this often enough to know what is and is not normal for my body). These symptoms set off some small alarms in my head. So, I made an appointment and got to see the doctor only a few days later.      When I got there, I expected much the same as what I had experienced with all of my previous doctors: “Sorry, we can’t test you until you show signs of joint damage.” Luckily, this doctor listened to my ailments and felt the need to do a blood test, which she felt would determine whether I actually have this disease right now or not. She informed me that she had worked with many RA patients before and felt that she had a firm grasp on how to begin treatment if my test came back positive and told me that I would have to be referred to a rheumatologist in order to keep my disease under control (again, if the results came back positive). To clarify, rheumatoid arthritis is when your own antibodies mistakenly attack your joints or organs (most commonly your joints). It can cause joint damage and disfiguration if left untreated or not detected early enough. Diagnosis is usually made after a blood test comes back with a positive for “rheumatoid factor” which about 80% of patients with RA have. Another thing that might show up in the test is elevated levels of citrulline, which will show up in less than 70% of patients, but there is not a test out there that will give a concrete yes or no. The diagnosis depends on the skill of your doctor and how progressed the disease is.       My doctor listened to my ailments. She wasn’t too busy to see me and my potential disease. She heard my family history and made an informed decision based upon the fact that my father and brother both got the disease young, and it is three times more likely to occur in women than in men. She was worried by the fact that an eighteen year old girl who had led a sports and activity filled lifestyle had told her she had bad joints. Could this be a flare up? Or did I really just roll my ankle and worry myself into thinking that my joints were bothering me? The biggest question I will have if I am diagnosed when I go back to hear the lab results will be how much earlier could I have detected this? What if I had done more research or asked my dad more questions about his condition when I had the chance? Did cracking my knuckles when I’m nervous cause this? There’s really no way to be sure about the answer to any of these questions, which will be one of the most difficult things to process. If it’s positive, I’ll probably go home and have a good cry over a pint of ice cream and spend a few more days researching the disease.      The truth is, I’m not sure what my diagnosis will be. I don’t know if the doctor will call me before I even go in and tell me I can cancel my appointment because I officially don’t have the disease and that she will see me again in a year when I have blood drawn again to test for the very same thing, which I will have to do annually until we can find something to definitively say yes or no. Maybe she’ll give me a hug before she tells me that my body is attacking itself, that damage has already been done and that I’ll need surgery in a few years to correct it. She might tell me that my medication will prevent me from drinking alcohol and that I shouldn’t go to parties when I go to college in the fall. When faced with the option of calling the doctor and ordering the test versus ignoring my pain and continuing on with my carefree lifestyle, I chose to face the music and make the call. So, I ask again. When faced with a challenge of this style, what do you do?