13-21-109. Burden of proving exception -- Penalties -- Court's criminal and equitable jurisdiction -- Prosecution.

299 words·~1 min read·/ut/title-13/chapter-21/13-21-109

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)A waiver by a buyer of a part of this chapter is void.

(2)In a proceeding under this chapter, the person claiming the exemption or exception has the burden of proving an exemption or an exception from a definition.

(a)A person who violates this chapter is guilty of a class A misdemeanor.

(b)A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, may restrain and enjoin a violation of this chapter.

(4)The attorney general, a county attorney, a district attorney, or a city attorney may prosecute misdemeanor actions or institute injunctive or civil proceedings, or both, under this chapter.

(5)The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.

(6)In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection, the division may:

(a)impose an administrative fine of up to $2,500 for each violation of this chapter; and

(b)bring an action in a court with jurisdiction to enforce a provision of this chapter.

(7)In an action described in Subsection (6)(b) , a court may:

(a)declare that an act or a practice violates a provision of this chapter;

(b)issue an injunction for a violation of this chapter;

(c)order disgorgement of any money received in violation of this chapter;

(d)order payment of disgorged money to an injured purchaser or consumer;

(e)impose a fine of up to $2,500 for each violation of this chapter; and

(f)award any other relief the court deems reasonable and necessary.

Renumbered and Amended by Chapter 95 , 2026 General Session