13-68-402. Violations -- Actions by division.

327 words·~1 min read·/ut/title-13/chapter-68/13-68-402

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

Effective 5/6/2026

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

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

(a)the division 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.

(3)In an action the division brings in accordance with Subsection (2)(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 each violation of this chapter; or

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

(4)If a court with jurisdiction grants judgment or injunctive relief to the division, the court shall award the division:

(a)reasonable attorney fees;

(b)court costs; and

(c)investigative fees.

(a)A person who 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 civil penalty authorized under this section may be imposed in any civil action brought by the division.

(a)A person who 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