13-49-402. Violations -- Actions by division.
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Effective 5/6/2026
13-49-402. Violations -- Actions by division.
(1)In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection:
(a)the division director may impose an administrative fine of up to $2,500 for a 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)In a court action the division brings to enforce a provision of this chapter, 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 each violation of this chapter; or
(f)award any other relief that the court deems reasonable and necessary.
(a)A person that intentionally violates this chapter:
(i)is guilty of a class A misdemeanor; and
(ii)may be fined up to $10,000.
(b)A person intentionally violates this part if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that the person is in violation of this chapter.
Amended by Chapter 95 , 2026 General Session