Utah Code § 13-11 § 13-11-20
Class actions.
Operative Text
Class actions. (1) An action may be maintained as a class action under this act only if: (a) the class is so numerous that joinder of all members is impracticable; (b) there are questions of law or fact common to the class; (c) the claims or defenses of the representative parties are typical of the claims or defenses of the class; (d) the representative parties will fairly and adequately protect the interests of the class; and (e) (i) the prosecution of separate actions by or against individual members of the class would create a risk of: (A) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or (B) adjudications with respect to individual members of the class that would as a practical matter dispose of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect the other members' interests; (ii) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (iii) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. (2) The matters pertinent to the findings under Subsection (1)(e)(iii) include: (a) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (b) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (c) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; and (d) the difficulties likely to be encountered in the management of a class action. (3) (a) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether the action is to be so maintained. (b) An order under this subsection may be conditional, and the order may be amended before decision on the merits. (4) (a) In a class action maintained under Subsection (1)(e), the court may direct to the members of the class the best notice practicable under the circumstances, including individual notice to each member who can be identified through reasonable effort. (b) The notice shall advise each member that: (i) the court will exclude the member from the class, unless the member requests inclusion, by a specified date; (ii) the judgment, whether favorable or not, will include all members who request inclusion; and (iii) a member who requests inclusion may, if the member desires, enter an appearance through counsel. (5) When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class. (6) In the conduct of a class action the court may make appropriate orders: (a) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (b) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in the manner the court directs to some or all of the members or to the division of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether the members consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action; (c) imposing conditions on the representative parties or on intervenors; (d) requiring that the pleadings be amended to eliminate allegations as to representation of absent persons, and that the action proceed accordingly; or (e) dealing with similar procedural matters. (7) (a) A class action may not be dismissed or compromised without approval of the court. (b) Notice of the proposed dismissal or compromise shall be given to all members of the class as the court directs. (8) (a) The judgment in an action maintained as a class action under Subsection (1)(e)(i) or (ii), whether or not favorable to the class, shall describe those whom the court finds to be members of the class. (b) The judgment in a class action under Subsection (1)(e)(iii), whether or not favorable to the class, shall specify or describe the members to whom the notice provided in Subsection (4) was directed, and who have requested inclusion, and whom the court finds to be members of the class.
Utah Code Ann. § 13-11-20 establishes the conditions under which a group of people with similar consumer-protection claims can sue together as a class rather than filing separate individual lawsuits. The provision sets out specific threshold requirements—such as a large enough group, shared legal questions, and adequate representation—that must all be satisfied before a court will certify a case as a class action. Courts retain ongoing supervisory authority over how the case proceeds, how members are notified, and whether any settlement or dismissal is approved.
Plain English — not legal advice.
Property owners and managers facing potential class-action claims under Utah Code Ann. § 13-11-20 should be aware that a court must formally certify any such action before it proceeds, meaning plaintiffs bear the burden of demonstrating that the statutory requirements are met. Operators who maintain consistent, well-documented rental practices across their properties may find that individual factual differences among tenants become relevant to whether a class can be certified. Understanding the certification criteria in § 13-11-20—including whether common questions predominate—can inform how a business structures its response to multi-tenant disputes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 13-11-20 gives tenants who share similar grievances against a landlord or housing-related business a potential avenue to pursue claims collectively, which can make litigation more practical when individual damages are small. If a class action is certified, affected tenants who are identified as class members will receive court-directed notice explaining their right to be included in the case and, if they choose, to appear through their own attorney. Tenants who believe they may be part of a class covered by this provision can explore their options by contacting a tenant-rights organization or legal aid office familiar with Utah consumer protection law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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