13-26-106. Penalties and enforcement.

360 words·~2 min read·/ut/title-13/chapter-26/13-26-106

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

Effective 5/6/2026

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

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

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

(2)If the division brings an action in accordance with Subsection (1)(b ) :

(a)the court may:

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

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

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

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

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

(vi)award any other relief that the court deems reasonable and necessary; and

(b)if the court grants judgment or injunctive relief to the division, the court shall award the division:

(i)reasonable attorney fees;

(ii)court costs; and

(iii)investigative fees.

(a)A person that violates an administrative or court order issued for a violation of this chapter is subject to a civil penalty of no more than $5,000 for each violation.

(b)A court may impose a civil penalty authorized under this section in a civil action brought by the division.

(a)A seller or solicitor who violates a provision of this chapter is guilty of:

(i)a class B misdemeanor for a first violation;

(ii)if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and

(iii)if the seller or solicitor has two prior violations of this chapter, a third-degree felony.

(b)For the purposes of Subsection (5)(a), a prior violation includes:

(i)a final prior conviction;

(ii)a final determination by a court of competent jurisdiction; or

(iii)a final determination in an administrative adjudicative proceeding.

(5)For purposes of this section, each telephone solicitation a person makes in violation of this chapter is a separate violation.

Renumbered and Amended by Chapter 95 , 2026 General Session