Is Utah a one-party consent state?

§ 77-23a-4(1) makes it an offense to intentionally or knowingly intercept a wire, electronic or oral communication. Under § 77-23a-4(7)(b), a person may record a call they are a party to, or one where a party has given prior consent, unless the recording is made to commit a criminal or tortious act.

Utah is a one-party consent state, so the penalty applies to recording a call you are not a party to when no party has consented, or recording to commit a criminal or tortious act (§ 77-23a-4(7)(b)). That interception is a third-degree felony (§ 77-23a-4(10)(a)), punishable by up to 5 years in prison (§ 76-3-203(3)) and a fine of up to $5,000 (§ 76-3-301(1)(b)). The person recorded can sue for actual damages plus the violator's profits, or statutory damages of $100 a day or $10,000, whichever is higher, plus punitive damages and attorney fees (§ 77-23a-11).

A business that uses generative AI to talk with a person in a consumer transaction must say it is AI and not a human if the person clearly asks (§ 13-77-103(1)). A licensed professional whose AI handles a high-risk interaction, such as collecting health or financial data or giving medical, legal or financial advice, must disclose the AI out loud at the start of a voice call (§ 13-77-103(2), (3)). An AI that says at the outset and throughout that it is AI gets a safe harbor from enforcement (§ 13-77-104).

Outbound calls that use an AI voice need the called party's prior express consent, unless the call is for an emergency or fits an FCC exemption. AI-voice calls that include telemarketing need prior express written consent. The FCC ruled in February 2024 (FCC 24-17) that an AI-generated voice is an artificial voice under the TCPA, so these calls must also identify the caller and, for telemarketing, offer a way to opt out.

Federal rules allow telemarketing calls from 8 a.m. to 9 p.m. in the called party's local time. Some states set a shorter window, listed below when they do.

Utah bars using a system that dials numbers and connects them to a recorded message or artificial voice for sales calls, unless the person called gave prior express consent or has an established business relationship with the caller (§ 13-25a-103(1), (2)). Without prior express consent, sales calls to homes and cell phones may not be made between 9 p.m. and 8 a.m., on a Sunday or on a legal holiday (§ 13-25a-103(3)). The caller must identify itself, the business and the purpose of the call, end the pitch on a negative response and not hide its caller ID number (§ 13-25a-103(5), (6)). Calls to Utah numbers on the national do-not-call registry are barred (§ 13-25a-108).

Unless an exemption in § 13-26-104 applies, a seller must register every year with the Division of Consumer Protection before making telephone solicitations that start or are received in Utah, and must post a surety bond or certificate of deposit of $25,000 to $75,000.