13-72a-204. Violations -- Enforcement authority.
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Effective 5/6/2026
13-72a-204. Violations -- Enforcement authority.
(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 of competent jurisdiction to enforce a provision of this chapter.
(3)In a court action by the division 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 part;
(c)order disgorgement of 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 other relief that the court determines reasonable and necessary.
(4)If a court awards judgment or injunctive relief to the division, the court shall award the division:
(a)reasonable attorney fees;
(b)court costs; and
(c)investigative fees.
(5)A court may impose a civil penalty of no more than $5,000 for each violation of an administrative or court order issued for a violation of this chapter.
(6)A court may impose a civil penalty authorized under this section in a civil action brought by the division.
(7)The division shall deposit all fines and civil penalties collected under this section into the Consumer Protection Education and Training Fund created in Section 13-2-109 .
Amended by Chapter 95 , 2026 General Session