State Ex Rel. Division of Consumer Protection v. GAF Corp.

STEWART, Justice:

The State Division of Consumer Protection (the “Division”) appeals from a summary judgment against it in a civil action brought by the Division against GAF Corporation (“GAF”). The Division’s complaint alleges that GAF committed a deceptive act or practice against a Utah consumer in violation of the Utah Consumer Sales Practices Act, Utah Code Ann. §§ 13-11-1 to -23 (Supp.1983). The trial court ruled that (1) the Division could not sue for damages to a consumer based on a complaint filed by the consumer with the Division, (2) a builder who sold the GAF product to the consumer…