13-23-106. Enforcement -- Costs and attorney fees -- Penalties.
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Effective 5/6/2026
13-23-106. Enforcement -- Costs and attorney fees -- Penalties.
(1)In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection, the division may:
(a)impose an administrative fine of up to $2,500 for a violation of this chapter; and
(b)bring an action in a court with jurisdiction to enforce a provision of this chapter.
(2)In an action described in Subsection (1)(b) , the court may:
(a)declare that an act or 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 a violation of this chapter; and
(f)award any other relief that the court deems reasonable and necessary.
(a)A person who willfully violates a provision of this chapter, either by failing to comply with any requirement or by doing any act prohibited in this chapter, is guilty of a class B misdemeanor.
(b)Each day a person commits or permits to continue a violation described in Subsection (3)(a) constitutes a separate punishable offense.
(c)In the case of a second offense, the person is guilty of a class A misdemeanor.
(d)In the case of a third or subsequent offense, the person is guilty of a third degree felony.
Renumbered and Amended by Chapter 95 , 2026 General Session