13-54-301. Enforcement powers.

246 words·~1 min read·/ut/title-13/chapter-54/13-54-301

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

Effective 5/14/2019

(1)The division may enforce the provisions of this chapter in accordance with Chapter 2, Division of Consumer Protection .

(a)In addition to the division's enforcement powers under Chapter 2, Division of Consumer Protection :

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

(ii)the division may bring an action in a court of competent jurisdiction to enforce the provisions of this chapter.

(b)In a court action by the division to enforce a provision of this chapter, the court may:

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

(ii)award, for each violation of this chapter:

(A)actual damages on behalf of each consumer who complained to the division within a reasonable time after the division initiated the court action; and

(B)a fine of up to $2,500.

(c)For any judgment in favor of the division under this section, the court may award:

(i)costs, including the costs of investigation; and

(ii)reasonable attorney fees.

(3)Each ticket sold or offered for sale while a person is in violation of a provision of this chapter constitutes a separate violation of this chapter.

(4)Nothing in this chapter affects:

(a)a remedy available to a person independent of this chapter; or

(b)the division's ability or authority to enforce any other law.

Enacted by Chapter 115 , 2019 General Session