Hospitality & Retail -


Are mandatory arbitration provisions recognized in your state? If so, are there any limitations to its enforcement?

Yes, Utah generally recognizes mandatory arbitration provisions:

An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.[i]

Utah’s Uniform Arbitration Act applies to an agreement to arbitrate either 1) made on or after May 6, 2002 or 2) made before May 6, 2002 if all parties to the agreement or the arbitration proceeding agree on the record.[ii]

A person may select to submit all third party boldly injury “injury claims to arbitration by filing a notice of the submission of the claim to binding arbitration in a district court” if certain requirements are met.[iii] If a party elects to submit a bodily injury claim to arbitration, the award is limited to $ 50,000 in compensation “in addition to any available personal injury protection benefits and any claim for property damage.”[iv] A claim for punitive damages cannot be asserted in an arbitration proceeding under Subsection (1).[v] The arbitration selection may be rescinded based on meeting statutory timeliness and notice requirements.[vi]

U.C.A. 78B-3-421 sets forth the requirements specific to arbitration agreements between a patient and a health care provider.

The issue of liability for and the amount of reimbursement of personal injury protection coverage between the insured and the insurer for “the personal injuries sustained by any person to whom benefits required under personal injury protection have been paid by another insurer” shall be decided by mandatory binding arbitration.[vii] A person may elect to resolve a claim for uninsured motorist benefits either through litigation or binding arbitration.[viii]

What is your state’s law, if any, regarding gift cards, subscription services and loyalty programs?

Gift Cards

A pawn shop or secondhand business may not purchase or pawn a gift card.[ix]

A person may not use cash or a gift card to purchase a catalytic converter.[x]

The unredeemed balance of a gift card or store value card sold or issued after May 8, 2018, three years after the date of the last indication of interest in the property by the apparent owner is considered abandoned property.[xi]

Loyalty Programs/Subscription Services

There are no statutes, case law, or regulations on subscription services or loyalty programs.

[i] U.C.A. § 78B-11-107.

[ii] U.C.A. § 78B-11-104.

[iii] U.C.A. § 31A-22-321(1).

[iv] Id. at § 31A-22-321(2)(a).

[v] Id. at § 31A-22-321(3).

[vi] Id. at § 31A-22-321(4).

[vii] U.C.A. § 31A-22-209(6)(a).

[viii] U.C.A. § 31A-22-305(9)(a).

[ix] U.C.A. § 13-32a-103.1(2).

[x] U.C.A. § 13-32a-118(1).

[xi] U.C.A. § 67-4a-201(3).