13-77-105. Enforcement.

316 words·~1 min read·/ut/title-13/chapter-77/13-77-105

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

Effective 5/7/2025

(1)A violation of this chapter constitutes a violation of Subsection 13-11-4(1) .

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

(3)The attorney general shall:

(a)give legal advice to the division regarding the division's responsibilities under this chapter; and

(b)act as counsel for the division in the exercise of the division's responsibilities under this chapter.

(4)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 court to enforce this chapter.

(5)In an action brought by the division to enforce this chapter, the court may:

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

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

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

(d)order payment of disgorged money to an individual injured by a violation of this chapter;

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

(f)award other reasonable and necessary relief.

(6)If a court of competent 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 up to $5,000 for each violation.

(b)The attorney general may impose a civil penalty authorized under this section in any civil action brought on behalf of the division.

Enacted by Chapter 465 , 2025 General Session

Technically renumbered to avoid duplication of newly enacted code also in SB0226, Chapter 465.also in HB0279, Chapter 237.